Civil Procedure Code, 1908, Section 151 -- Suit filed against dead person - Application for dismissal of suit - Plaintiff was not aware of death of sole defendant - He learnt about death of defendant only when summons returned unserved with endorsement that defendant has died - Petitioner was not able to produce any evidence to attribute knowledge about death of his mother..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Transposition of defendant as plaintiff - Sole plaintiff died and suit abated - When suit has abated and is no longer pending, application for transposition of defendant as plaintiff is not maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Abatement - Decree passed in ignorance of death of sole defendant - Defendant died during the pendency of appeal and his LRs were not brought on record - Though Court is empowered to exempt plaintiff from necessity of substituting LRs of defendant but such an exemption can be granted before the judgment is pronounced and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Entire claim of plaintiff in the suit property is in contravention of provisions of Hindu Succession Act - Grand father of plaintiff being sole and absolute owner of property, died after coming into force of Hindu Succession Act - Property in..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Sole plaintiff and sole defendant died on the same day - Substitution of LR's - Responsibility of substituting heirs of both the parties rested upon plaintiff and in his absence upon his heirs and LR's - Ordinarily, heirs of plaintiff was supposed to get himself substituted first before applying for substitution of heirs..........
Civil Procedure Code, 1908, Order 22, Rule 4,9 -- Suit for specific performance - Abatement of - Sole defendant died during pendency of suit - Plaintiff/appellant filed application U.O.22.Rr.4 & 9 alongwith application u/s 5 of Limitation Act about four years later despite knowledge of death of deceased defendant - Contention that application for bringing LRs on record..........
Civil Procedure Code, 1908, Section 92 -- Suit instituted u/s 92 CPC with leave of Court - When sole plaintiff or all plaintiffs opted out or died, it is open to one or more persons who has/have an interest in the trust to come forward and continue the suit by impleading himself/themselves U.O.1.R.10(2) CPC - It is not necessary for such a person to obtain leave of Court..........
Civil Procedure Code, 1908, Section 92 -- Suit instituted u/s 92 CPC with leave of Court - Suit does not abate when sole plaintiff or all plaintiffs opted out or died - This by itself cannot put an end to the suit by abatement or otherwise as public interest is involved - It is not a suit prosecuted by individuals for establishing individual rights...........
Civil Procedure Code, 1908, Section 92 -- Suit instituted u/s 92 CPC with leave of Court - When sole plaintiff or all plaintiffs opted out or died and no other person interested comes forward to continue the suit - Held, it is open to Court to intimate Advocate General and await his response - Advocate General can implead himself as additional plaintiff and continue the..........
Civil Procedure Code, 1908, Section 92 -- Suit instituted u/s 92 CPC with leave of Court - When sole plaintiff or all plaintiffs opted out or died and no other person interested and Advocate General do not comes forward to continue the suit within reasonable time - Court can close the suit - In such a case, revival of the suit can be sought within a reasonable time...........
