Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of LR's - Death of plaintiff - Appellant made contradictory averments as one time he claimed himself to be adopted son of deceased plaintiff and later his brother - Contents of application also reflects that it is not applicant alone who could claim himself to be sole LR inasmuch as he is third son of plaintiff,..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Abatement of suit - Death of one of plaintiffs - Non-substitution of LRs of deceased plaintiff - Suit was filed by three plaintiffs seeking cancellation of Will - One of plaintiff died and even if LRs of said plaintiff are not taken on record, suit as a whole cannot abate - More so, if abatement takes place qua deceased..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 1, 2, 3, 4, Limitation Act, 1963, Section 21 -- Substitution or addition of a party - Limitation - Suit against newly added parties would be deemed to have been instituted when he or she was so added - Proviso to S.21 of Limitation Act, deals with a case where Court is satisfied that..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Death of decree holder during pendency of execution proceedings - Substitution of L.R's - Appellant is sole claimant to estate of DH on basis of Will - He thus, as LR is entitled to execute decree and to take it to its logical end - Executing Court rightly allowed appellant to execute decree...........
Service -- Naval service - Misconduct - Substitution of punishment - Appellants alleged that Sailor is guilty of hitting his superior officer, therefore he is guilty of an offence u/s 45(a) of Navy Act - Commanding Officer who was on high seas with Sailor and superior officer was aware of extent of misconduct of sailor - However, none of three witnesses deposed regarding..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 10A -- Abatement of proceedings - Proceedings before Land Tribunal - Death of respondent no.6 - Application for substitution of LRs of respondent no.6 though filed belatedly but was allowed - Land Reforms Act is a beneficiary legislature and application cannot be rejected on technicality - In fact if any proceeding abates,..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of pleadings - Eviction petition - Amendment reflect that only substitution sought is introduction of rent agreement showing that property leased to father of tenant by grandfather of husband of tenant - Amendment sought does not change nature of eviction..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Eviction petition - Amendment would reflect only substitution sought is introduction of a rent agreement showing that property had been leased to father of tenant - Amendment sought does not change nature of eviction petition - Landlady is still..........
Civil Procedure Code, 1908, Section 152 -- Correction of error - Not an addition or substitution of a party but merely clarifies and makes apparent what was previously shrouded in obscurity by reason of error or mistake provided mistake was bona fide - Such an amendment therefore, shall not attract provisions of S.21(1) of limitation Act...........
Civil Procedure Code, 1908, Section 152, 153 -- Amendment of cause title - Recovery suit - Proprietor of firm not arrayed in suit due to accidental slip - However, firm was arrayed as defendant no.3 - Description of defendant no.3 may be imperfect in the plaint, an error which can be permitted to be corrected - It is neither addition nor substitution of a party, but merely..........
