Civil Procedure Code, 1908, Order 22, Rule 5 -- Order passed U.O.22 R.5 will not operate as res judicata in subsequent proceedings but will be final so far as the suit or appeal in which the order is passed...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleading of legal representatives - Two persons claiming to be impleaded as L.R's on the basis of Will in favour of each of them - Two courses are open for the Court (1) To allow both of them to be impleaded as L.R. and their interse dispute to be decided in a separate suit (2) Court should determine the question of..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of one defendant after passing of preliminary decree - Application U.O.22 R.3 CPC need not to be filed - Application under Order 1 Rule 10 CPC to add parties is maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Application for impleading legal representative allowed - Not a bar to similar application filed by another legal representative for the same purpose - Court has to see whether person sought to be impleaded is a person interested in the litigation...........
Civil Procedure Code, 1908, Order 22, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1 -- Order refusing to set aside abatement - Appeal against - Maintainable - An appeal shall lie under O.43.R.1(k) against an order under Order 22 Rule 9 CPC refusing to set aside the abatement of an appeal. It cannot be said, that the order of refusing to set aside the abatement,..........
Civil Procedure Code, 1908, Order 33, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 3 -- Application to sue as indigent person - Pending inquiry death of applicant - Application to implead L.R.'s - Application dismissed as nothing to show that petitioners are also indigent persons and further holding that if they are so advised they can file a fresh application for..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Impleading of L.R's - Delay of 150 days - Affidavit filed in support thereof explaining delay which also contained a prayer that delay deserves to be condoned - Held, that separate application u/s 5 Limitation Act for condoning delay is not required...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Impleading of L.R's - Delay of 150 days - No separate application or prayer for setting aside the abatement filed - Held, that prayer for setting aside abatement is implicit in the prayer for substitution...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of proceedings - An heir and legal representative already on record - The proceedings will not abate...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Mortgage amount - Sureties making payment after passing of preliminary decree - Can be said to have made the payment during pendency of suit - There is by operation of law an assignment in their favour - They are entitled to continue the suit under O.22. R. 10 CPC...........
