Civil Procedure Code, 1908, Order 9, Rule 13, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(g) -- Exparte decree - Setting aside - Civil suit for recovery transferred to Debt Recovery Tribunal - Exparte decree passed - Suppression of material facts that they appeared in the civil suit and filed written statement and other applications -..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - A prayer for bringing the legal representatives on record, if allowed, would have the effect of setting aside the abatement as the relief of setting aside abatement though not asked for in so many words is in effect being actually asked for and is necessarily implied...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - A simple prayer for bringing the legal representatives on record without specifically praying for setting aside of an abatement may in substance be construed as a prayer for setting aside the abatement...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Prayer for setting aside abatement as regards one of the plaintiffs can be construed as a prayer for setting aside the abatement of the suit in its entirety...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Failure to file application within time to implead L.R's - Abatement of suit is automatic and a specific order dismissing suit as abated is not called for...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Suit once abated though no specific order passed to that effect then L.R's proposing to be brought on record or any other applicant proposing to bring the legal representatives of the deceased party on record would seek the setting aside of an abatement...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Second appeal - Two appellants - Death of one - Appeal abated against one - In case appeal is decided on merits there will be inconsistent decrees - Appeal dismissed in its entirety...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Plaintiff expired on 30.12.1988 - Application for impleading legal heirs filed on 5.5.1989 - Application dismissed being time barred by 36 days - Suit dismissed as abated - Application for impleading legal heirs is to be filed within 3 months - Application for setting aside abatement can be filed within next 60 days -..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- L.R's - Substitution - Application filed after 90 days of limitation alongwith delay condonation application - No formal prayer for setting aside abatement made - Application for substitution of L.R's to be treated as an application to set aside abatement...........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5, Article 120, 121 -- Abatement - Setting aside - If an application for setting aside the abatement is made within 150 days of the date of death, there is no need to file an application under section 5 of the Limitation Act to condone the delay as no delay as such occurs in view of Arts.120 & 121..........
