Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of sole defendant/respondent during pendency of first appeal - L.R's not brought on record - In ignorance of death appeal disposed of - Order is a nullity - Question of quashing of such null order in second appeal, does not arise - It is open to party to take appropriate steps before the lower Appellate Court where the..........
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 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 22, Rule 4 -- Suit against dead person - Suit is a `nullity' - L.R's cannot be allowed to be brought on record...........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10 -- Appeal - Filed against a dead person - Sole respondent died after delivery of the judgment by lower Court - O.22.R.4 is not applicable - It is O.1.R.10 which applies - An application U.O.1.R.10 can be filed within three years under Art.137 of the Limitation Act...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- No steps taken to bring L.R's on record - Recourse to the general provisions of O.1.R.10 CPC for impleading the L.R's of the deceased party by circumventing the provisions of O.22 cannot be allowed...........
Civil Procedure Code, 1908, Section 47, Order 22, Rule 4(4) -- Death of defendant - L.R's not impleaded - Decree passed subsequently - Defendant was neither proceeded exparte nor exemption under O.22.R.4(4) was granted - Decree passed is a nullity and is inexecutable...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 22, Rule 4(5) -- Impleading of L.R's - Death of a party after pronouncement of judgment - There is a specific provision under O.22.R.4(5) to implead legal heirs - Order 1.R.10(2) will not apply - When there is a specific provision, it will override the general provision...........
Civil Procedure Code, 1908, Order 22, Rule 4, Specific Relief Act, 1963, Section 12, 21 -- Agreement to sell - Death of vendor before filing suit - Suit for specific performance of contract and in the alternative for damages, filed against the legal representatives of the deceased vendor - Death of one of the defendants - Failure to bring on record the L.R's of the..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, Limitation Act, 1963, Section 5, Article 120, 121 -- Substitution of L.R's - Delay - Condonation - Limitation for making application 90 days - Article 121 provides period of 60 days to make application to set aside abatement from date suit or appeal abates - Thus application for substitution with prayer for setting aside..........
