Civil Procedure Code, 1908, Section 96, Order 22, Rule 3 -- In ignorance of sole plaintiff/appellant if a decree is passed the same is nullity...........
Civil Procedure Code, 1908, Section 96, Order 22, Rule 3 -- Sole plaintiff - Death - L.R's not brought on record - In ignorance of death decree passed - Decree passed is a nullity - Such decree is appealable for getting its nature decided and also on other permissible questions of law - Appeal cannot be thrown overboard only on ground that in execution point regarding its..........
Civil Procedure Code, 1908, Order 8, Rule 6-A, Civil Procedure Code, 1908, Section , Order 22, Rule 3, 4 -- Failure to substitute deceased defendant in counter-claim - No abatement of counter-claim inasmuch as once legal representatives of deceased plaintiff brought on record, no requirement under law to substitute deceased defendant in counter-claim - As substitution made..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of legal representatives of deceased plaintiff PRG holder of power of attorney - Agreement for sale executed by RA in favour of PRG and RA also executed power of attorney in favour of PRG - Suit by PRG for declaration and permanent injunction restraining defendant RA from interfering with possession - Death of..........
Civil Procedure Code, 1908, Section 11, Order 22, Rule 5 -- Res judicata - Finding U.O.22.R.5 while considering entitlement as legal representative is not res judicata in subsequent proceedings in relation to rights of parties to property...........
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, Section 152, Order 22, Rule 1 -- Death of D.H. after passing of decree - Successor-in-interest seeking substitution of his name in place of D.H. - Court having become functuous officio on final disposal of proceedings before it, has no jurisdiction to entertain application - Entitlement of applicant to benefit of decree is not dependent upon..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22 -- In response to notice U.O.21.R.22 CPC if J.D. fails to raise objection, he is debarred from raising objection to executability of decree subsequently and same must be taken to be barred by time...........
Civil Procedure Code, 1908, Order 12, Rule 6, Evidence Act, 1872, Section 18, 19, 20, 21, 22, 23 -- Judgment on admission - Judgment can be passed if admission is there in the pleadings - As admission for passing the judgment is based on pleadings itself as such it is unnecessary to examine as to what kinds of admissions are covered by Order XII, Rule 6 CPC...........
Civil Procedure Code, 1908, Section 11, 2(2), Order 21, Rule 22, 23 -- Res judicata - Applies to execution proceedings - J.D. did not file objections to execution of decree in pursuance of notice U.O.21.R.22 within prescribed time - Court proceeding with attachment of property U.O.21.R.23 - J.D. thereafter is precluded from filing objections to continuance of execution..........
