Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representative - Deter-mination is necessarily limited for the purpose of carrying on the proceedings and cannot have effect of conferring of any right of heirship to the estate of the deceased - Decision does not operate res judicata on the question of heirship in subsequent proceedings...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Rival claimants - Determination is only as to who is the person entitled to represent the estate for a particular proceeding - Even this determination does not result in deter-mination of inter se right to succeed to property of the deceased and that right has to be established in independent proceedings in accordance with..........
Civil Procedure Code, 1908, Order 21, Rule 10, 11, Civil Procedure Code, 1908, Order 22, Rule 12, Civil Procedure Code, 1908, Section 47 -- Death of D.H. - His LR's have to obtain succession certificate for continuation/initiation of execution proceedings...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff -Impleading legal representatives - Limitation is 90 days from date of death of Plaintiff...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 22 -- Cross objections - Filed in an appeal which was not maintainable - Cross objections are not maintainable in case it is found that the civil appeal is not maintainable though it was admitted in the initial stage...........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of legal heirs - Party died before institution of writ petition - Name of deceased finding place in array of parties in order under challenge - Mistake about parties was bona fide - Proviso to S.21 (2) of Limitation Act attracted - Application for impleading legal..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Mahantship of Dera - Both plaintiff and defendant claiming - Death of both plaintiff and defendant - Legal representatives cannot be substituted as Mahantship is personal right and died with them - suit dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Suit filed by a dead person or against a dead person - is a nullity - Their legal representatives cannot be brought on record...........
Civil Procedure Code, 1908, Section 115, Order 22, Rule 1 -- Exparte eviction decree - Revision - Death of one of the landlords during pendency - L.R's not substituted - Right survives to other co-owners on record - Revision would not abate...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representative - Dispute as to - All legal representatives to be allowed to be impleaded - Decision as to who is legal representative does not operate as resjudicata - Inter be dispute of parties to be decided separately...........
