Civil Procedure Code, 1908, Section 115, 141, Order 22 -- Provisions of O.22 are not applicable to revision proceedings - Legal representatives of a deceased party in revision proceedings can be impleaded by invoking section 151 of the Code...........
Civil Procedure Code, 1908, Order 22, Rule 6 -- Arguments heard and judgment reserved - Death of plaintiff - No abatement by reason of death of a party between the conclusion of the hearing and the pronouncement of the judgment - Judgment may be pronounced, notwithstanding the death, and shall have the same force and effect as if the judgment had been pronounced before the..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- One of the defendants died at first appellate stage - Decree of trial Court reversed in appeal - Application for substitution, condonation of delay and setting aside abatement filed in second appeal - Decree passed by lower appellate Court being against dead person set aside - Matter remitted back to first appellate Court..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objection - Suit for injunction - Dismissed as plaintiff was a trespasser - Court incidentally deciding about extent of trespass - Held, as decree is not based on finding about extent of trespass as such cross objection relating to extent of trespass is not maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 4(2) -- L.R's - Defences available to deceased party become available to the L.R. - If legal representative want to put up any independent right, title or interest in suit property then he has to get impleaded as a party defendant...........
Civil Procedure Code, 1908, Order 22, Rule 4(3), 10 -- Respondent before death sold his share to another party who is already on record - L.R's not brought on record - Appeal does not abate - By operation of O.22.R.10 interest of deceased devolved by transfer on respondents...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Appeal - Death of one of defendants - Other defendant who was representing all heirs of deceased widow already on record - L.R's not impleaded - Appeal will not abate...........
Civil Procedure Code, 1908, Order 22, Rule 2, 4 -- Several defendants - Suit for injunction simpliciter based on common cause of action - On death of one of the defendants plaintiff not required to bring his legal representatives on record as right to sue would survive against other defendants - Dismissal of entire suit as abated in such case not warranted...........
Civil Procedure Code, 1908, Order 22, Rule 1, 2, 4 -- Suit for permanent injunction simpliciter - Death of one out of several defendants - L.R's not brought on record - Suit does not abate...........
Trade and Merchandise Marks Act, 1958, Section 22(2) -- Trade mark - `GAGAN' and `ANGAN' - Simply because the colour of the two pouches was dark blue and the writings on those pouches is in white colour, will not make both the pouches to be of similar nature, even prima facie - In so far as the use of blue colour is there, it is not prohibited - Defendants have brought on..........
