Civil Procedure Code, 1908, Order 22, Rule 5, Succession Act, 1925, Section 214 -- L.R's need not to obtain succession certificate to be brought on record in an already instituted execution petition...........
Civil Procedure Code, 1908, Order 22, Rule 3, 11 -- Death of appellant/defendant during pendency of appeal against decree for damages for malicious prosecution - L.Rs. have a right to prosecute the appeal for establishing that their deceased father was not guilty of malicious prosecution - Right to prosecute the appeal survives and the petitioner can maintain the petition..........
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 22, Rule 3, 9, Limitation Act, 1963, Section 5 -- Appeal - Death of sole appellant - Setting aside abatement and substitution of L.R's sought after five years - Ground for condonation of delay that applicant had no knowledge about counsel who had been engaged by appellant despite efforts made - Plea that he came to know about counsel only..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 9 -- L.R's not brought on record in time - Condonation of delay - Rustic farmer - Appellant for the first time came to know on 30.7.1996 from the letter of Advocate the necessity to bring on record the L.R's of deceased respondent and application filed on 3.8.1996 - Explanation of the appellant is..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35, Specific Relief Act, 1963, Section 22 -- Specific performance - When a suit for specific performance is decreed for possession in favour of plaintiff against vendor and his transferee who were held to be not bona fide or whose transfer is without consideration, all these parties are bound by decree irrespective of..........
Civil Procedure Code, 1908, Order 41, Rule 22, Court Fees Act, 1870 -- Sch.I Art.1-A (as applicable in M.P.) - Appeal - Cross objection - Assailing adverse finding on legal necessity in support of decree of dismissal of suit for specific performance - Is maintainable without payment of ad valorem Court fees...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- L.R's - Natural heir and person on basis of Will seeking to be impleaded as L.R's - Allowed to be impleaded as L.R's and validity of Will to be decided separately...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - defendant cannot challenge in appeal filed by plaintiff the finding of trial Court that plaintiff had title to suit property without filing cross objections...........
Civil Procedure Code, 1908, Order 22, Rule 4, 11 -- Appeal - Abatement - L.Rs. of deceased 3rd defendant not brought on record - However, L.Rs. of 2nd defendant who is contesting party brought on record as defendants 4 and 5 - 3rd defendant is no other than the wife of 2nd defendant and mother of defendants 4 & 5 who were already on record - Appeal cannot therefore be..........
