Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Non-substitution of LRs of deceased defendant - Where there is no need of moving a substitution application of bringing on record heirs and LRs of a defendant who had not filed his written statement or contested the suit, suit cannot abate for non-bringing of LRs of defendant...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Exemption from substitution of LRs - Plaintiff already filed an application for substitution of LRs of defendant - Subsequent application filed by plaintiff seeking exemption from substituting heirs of deceased defendant not required to be filed within 90 days of death - There cannot be any abatement in..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substituted defendants - Additional written statement - A person made party U.O.22.R.4 CPC though is entitled to make any defence but such defence should be appropriate to his character as legal representative of deceased defendant...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substituted defendants - Additional written statement - No averments as to what defence was sought to be raised by defendants - Substituted defendants cannot be allowed to set up a new case under the garb of right vested in them by virtue of provision in O.22.R.4(2) CPC - Predecessor in interest of defendants had already..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of applicant in place of defendant No.1 - Claim of applicant is based on Will - Mere substitution cannot be termed to be a proof of applicant being entitled to property in question by virtue of alleged Will in question - Applicant would definitely be under an obligation to prove alleged Will in terms of law and..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of L.R's - Suit filed against a dead person - Defendant had died prior to filing of suit - Neither his L.R's can be impleaded nor O.6.R.17 CPC can be invoked - Suit against a dead person is not maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of LRs - Sole defendant was not alive on the date of institution of suit - Plaintiff came to know about the death of sole defendant only when memo was filed - Mistake was bonafide one made in good faith by impleading a deceased defendant in the suit originally instituted - Delay in filing application for..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Death of sole defendant - Substitution of LRs - Application for bringing on record LRs was filed within three months from the date of knowledge - Application is thus, within limitation - LRs of deceased ordered to be brought on record...........
Civil Procedure Code, 1908, Order 22, Rule 4(2) -- Substituted defendants - Additional written statement - Substituted defendants cannot take any independent stand by filing additional written statement when deceased defendant had already filed his written statement - They cannot take a new plea in their written statement by denying the pleadings of plaintiffs, which was..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Death of defendant - Substitution of LRs - Condonation of delay - Suit is at the stage of evidence of defendants - Court at that stage generally lean in favour of deciding lis between parties on merit rather than shutting out hearing on the grounds of technicalities - Moreover, petitioners..........
