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, Order 22, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Does not abate due to death of a party or withdrawal of suit by one of them...........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Notice to show cause against execution - One of the defendants expired before the final decree proceeding concluded - Objection at that stage not raised - Decree cannot be held to be a nullity on the ground that the same has been passed against a dead person...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22 -- When Section 22 of the Act says that the Tribunal shall not be bound by the procedure laid by the Code of Civil Procedure, it does not mean that it will not have jurisdiction to exercise powers of a Court as contained in the Code of Civil Procedure - Rather, the Tribunal can travel beyond..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Principles - (1) Cross objection is like an appeal - It has all the trappings of an appeal- It is filed in the form of memorandum and the provisions of Rule 1 of Order 41 of the Code, so far as these relate to the form and contents of the memorandum of appeal apply to cross-objection as well; (2) Court fee..........
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...........
Limitation Act, 1963, Article 120, Civil Procedure Code, 1908, Order 22, Rule 4(5)- -- Limitation - Starts to run from the date of death of the party and not from the date of knowledge of death...........
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, 9, Civil Procedure Code, 1908, Order 1, Rule 10 -- Death of one of the plaintiffs - L.R's not brought on record as per the provisions of O.22 CPC - Impleading of L.Rs under O.1.R.10 - Not legal - Suit cannot be proceeded on behalf of impleaded parties...........
