Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 8, Rule 1 -- Legal representatives - Must proceed with the litigation from the stage where death of defendant or plaintiff had taken place - They are legally bound by the pleading of his predecessors-in-interest in whose place they have been substituted - L.R's impleaded cannot set up a new..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 11 -- The order directing the postponement of execution of a decree must be clear and specific - Court must give sufficient reasons - Where the decree is a composite decree, there cannot be a postponement of the decree...........
Civil Procedure Code, 1908, Order 22, Rule 10, 3 -- When right to sue survives to surviving appellants - No question of abatement of appeal - Death of some of the appellants - Legal representatives of appellants claiming property by devolution through their father - Provisions of Order 22 Rule 10 attracted - Can be brought on record at any time...........
Civil Procedure Code, 1908, Order 22, Rule 1, Specific Relief Act, 1963, Section 37, 38 -- Decree of injunction restraining defendant from interfering with plaintiff's possession - Death during pendency of appeal - Injunction is not personal to party in whose favour it is granted - Decree survives to his L.R's coming into possession over property in dispute...........
Civil Procedure Code, 1908, Order 22, Rule 4(2), Civil Procedure Code, 1908, Order 2, Rule 2 - - No prohibition for taking additional pleas by legal representatives regarding res judicata, suit being barred by time or barred under Order 2 Rule 2, being pure questions of law - Law permits legal representatives to raise all contentions except those which were personal to..........
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5 -- Death of defendant - Impleading of L.R's - Delay - Due to time taken in ascertaining names of legal heirs of deceased - Sufficient cause - Delay condoned...........
Criminal Procedure Code, 1973, Section 22 -- When a person is charged for an offence he may be convicted of an attempt to commit such offence although attempt is not separately charged...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9(2), Limitation Act, 1963, Section 5, Article 120 -- Death of sole defendant - L.R's to be impleaded within 90 days - Suit abates if L.R's are not impleaded within time - Limitation for setting aside abatement is 60 days from date of abatement - If application for setting aside abatement is made after 150 days from date of..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Legal heirs - Death of Mahant - Successor Mahant brought on record as L.R. - Successor Mahant can continue the suit on the pleas raised by deceased Mahant - He can also plead his appointment as Mahant being valid in the same suit...........
Civil Procedure Code, 1908, Order 22, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19 - - Recovery proceedings by Bank - Death of party proceeded against - Tribunal should adhere to relevant provisions of Order 22 CPC...........
