Civil Procedure Code, 1908, Order 22, Rule 4 -- Appeal - Abatement - Six second appeals by defendants - Issue involved common and decisive in all - One of the appellants died - His legal representatives not brought on record - All appeals abate as adoption issue common and decisive in all appeals - Dismissing one appeal on ground of abatement would result in conflicting..........
Civil Procedure Code, 1908, Order 22, Rule 3, 2 - - Abatement of connected appeals - Decree based on a common issue against the appellants in all the appeals - Failure to bring legal representatives of one of the deceased appellants in one appeal - Will result in abatement of all other appeals - Otherwise there will be conflicting decrees in the event of other appeals..........
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..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Removal from service - Challenged - Death - Application to bring on record L.R's - Right to sue survives - Legal heirs have the right to recover dues upto date of his death upon reinstatement...........
Civil Procedure Code, 1908, Order 22, Rule 10-A -- Notice of death to the other party - The expression `the other party' in O.22.R.10-A CPC may in suitable cases is interpreted as meaning the party to the suit or appeal and not only the Counsel of such party...........
Civil Procedure Code, 1908, Order 22, Rule 10-A, 9, 4 -- Death of defendant - Reported to Court by counsel - Counsel for plaintiff present - Application for setting aside abatement and substitution of L.R's sought after delay of 20 days - Plaintiff claiming to have got knowledge of death only days ago - Nothing on record to show giving of information of death by Court to..........
Contract Act, 1872, Section 128, 137, 145, Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit against a dead person - Suit for recovery of loan against principal debtor and surety - Suit against principal debtor was found void ab initio as he had died even before institution of suit - Liability of surety is not discharged and..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Partition suit - Preliminary decree passed - Death of D.H. during pendency of appeal - L.R's not brought on record within time - Thereafter application U.O.1.R.10 filed for impleading legal representatives of deceased - Held, application is maintainable - O.1.R.10..........
Civil Procedure Code, 1908, Order 22, Rule 2-A, 2-B -- as added by Punjab & Haryana High Court - Effect of 1976 Amendment - Concept of abatement of suit or legal proceedings - Lost its effective meaning - Does not substantially take away or give right to either parties to the proceedings. ( Para 7)..........
Stamp Act, 1899, Section 2(22), 2(23), Civil Procedure Code, 1908, Section 115 -- Trial Court holding the document to be a receipt and not a pronote - Revision against - Not maintainable...........
