Civil Procedure Code, 1908, Section 115, Order 22, Rule 4 -- Order passed U.O.22.R.4 - Revision lies...........
Civil Procedure Code, 1908, Order 22, Rule 10-A -- Death of party defendant - Other defendants should inform plaintiff's counsel by filing a memo - In the absence of such a memo and in the absence of any adjudicable issue against such defendant, Court should strike out his name...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- (As in P&H) - L.R's - There is no limitation for bringing on record the L.R's of the deceased plaintiff/defendant - L.R's are entitled to be brought on record at any time - Suit not to abate in case L.R's are not brought on record...........
Civil Procedure Code, 1908, Order 21 &22 -- Death of D.H. during pendency of execution - Impleading of L.R's Requirement of succession certificate - Punishment of stoppage of 5 increments set aside - Arrears of salary cannot be regarded as a debt - It is the balance amount which became due after the decree was passed in favour of the D.H. - - S.214 Succession Act is not..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- L.R's. - Substitution - A decision under O.22.R.5 CPC does not operate as res judicata between the same parties or their successors in interest or their privies, in a subsequent proceeding, even when the said parties had been provided an opportunity to contest the issue and lead the evidence thereon...........
Arbitration Act, 1940, Section 22, Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 119 -- Arbitration award - Objections not filed within 30 days of filing of award - Ex parte decree passed - O.9.R.13 CPC applies - For limitation purpose provisions of Art.119 apply...........
Civil Procedure Code, 1908, Order 22, Rule 5, 9 -- Eviction petition - Son as sub lessee impleaded as a party - Death of tenant - Son as sub lessee and L.R. of tenant fulfils both capacities - No question of abatement of petition - Application of son for abatement rightly dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 3 -(As in P&H) - L.R's - Impleadment - Limitation - There is no limitation for making an application for impleading L.Rs. after amendment in O.22.R.3 by Punjab and Haryana High Court - The lis of the parties should not fail on technicalities and procedural wrangles...........
Civil Procedure Code, 1908, Section 144, Order 22, Rule 10 -- Restitution - Transferee pendente lite - Remedy of restitution is available against transferee pendente lite also - A transferee pendente lite is a representative of the transferor and is also a person bound by the decree, even though he is not made a party to the suit or appeal...........
Civil Procedure Code, 1908, Section 47, Order 22, Rule 10 -- Execution - Impleading of New Managing Partner of D.H. firm in execution - Allowed...........
