Civil Procedure Code, 1908, Order 22, Rule 3, 4, 9 -- Legal representatives not impleaded - Suit abates - Court has no inherent power to set aside abatement...........
Specific Relief Act, 1963, Section 15(b), Civil Procedure Code, 1908, Order 22, Rule 3 -- Suit for specific performance of oral agreement to sell - Death of plaintiff - Impleading of LR's - Unless there is contract either express or implied, to the contrary that interest under the contract shall not be assigned or that his representative in interest shall not be entitled..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 10 -- Partition suit- After Preliminary decree and before final decree one sharer died - LR's not brought on record - Final decree cannot be passed with out bringing LR's on record - O.22.Rr.3, 4 not applicable - O.22.R.10 applies - In a suit for partition or dissolution and settlement of accounts, entire final decree is a..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Defendant dead on the date of filing suit - Legal representatives cannot be brought on record...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Court has in appropriate cases, jurisdiction to exercise the power U. O.22 R. 4(4) even after the time limited for making the application for impleading the legal representatives is over...........
Civil Procedure Code, 1908, Order 22, Rule 4, 5 -- Decree against dead person - Can be set aside on the prayer of the legal representatives only if they prove (i) that they had no knowledge of the suit (ii) there was no intentional failure on their part to bring themselves on the record and (iii) the Court has satisfied itself, before decree is set aside, that the result..........
Civil Procedure Code, 1908, Order 22, Rule 12 -- Death of D.H. during pendency of execution proceedings - For continuation of proceedings application by legal heirs is not necessary in view of O. 22 R. 12 - Bar of limitation under Article 137 Limitation Act is not attracted. (Limitation Act, 1963, Art. 137)..........
Hindu Adoptions and Maintenance Act, 1956, Section 21, 22, Civil Procedure Code, 1908, Section 151 -- Interim maintenance - Suit by widow for maintenance and possession of her husband's property - Court has inherent power to grant interim maintenance...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Dispute as to who are legal representatives - It is the duty of the Court to decide it and the determination of the same cannot be postponed...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22, 23(1) -- Execution - Show cause notice issued U.O. 21. R. 22 - Notice made absolute & order for execution passed U.O. 21, R. 23(1) Subsequent objection by defendant that decree was nullity is barred by res judicata...........
