Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3 -- Rejection of application under Order 22 Rule 3 - Another application cannot be filed for the same purposes under Order 1 Rule 10 CPC...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Partnership firm-Accounts suit by one partner after dissolution of firm or after completion of the venture for which it was constituted-Death of one partner before filing of the suit-L.R's of deceased partner not impleaded-Suit abates even against living partners-All partners whether managing or otherwise are necessary..........
Specific Relief Act, 1963, Section 39, Civil Procedure Code, 1908, Order 22, Rule 3, Succession Act, 1925, Section 306 -- Suit for permanent injunction - Death of plaintiff - Legal representatives have right to continue suit - Such right is not personal in character...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Impleading of L.R's of deceased defendant - No limitation-Can be brought on record at any time-Question of abatement does not arise...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Transfers lis pendens - Substitution - There is no limitation prescribed for substitution...........
Civil Procedure Code, 1908, Section 2(11), Order 22, Rule 4, 9 -- Legal representative - Ambit of - Persons who are not legal heirs but represent the estate of the deceased also come within the ambit of legal representative - If such legal representative is brought on record within time abatement of suit is liable to be set aside-Bringing of other L.R's on recorded later..........
Civil Procedure Code, 1908, Section 50, Order 21, Rule 90, 10, 22 -- Execution - Death of J.D. - Legal representatives to whom property of deceased J.D. devolved by a will brought on record without notice and property sold - Petition by L.R.'s to set aside sale - Dismissed by execution Court - Not sustainable...........
Civil Procedure Code, 1908, Section 2(11), Order 22, Rule 5 -- Death of plain-tiff - Impleading of L.Rs son on the strength of Will - Such persons to be brought on record for purposes of the suit - Genuineness of the Will is not to be finally decided in such proceedings...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Eviction petitioner - Death of landlord - Impleading of L.R.'s - Petitioner the only daughter of the deceased - No rebuttal to this statement of the Petitioner allowed to be impleaded as a legal representative of the deceased landlord...........
Civil Procedure Code, 1908, Order 22, Rule 3, Specific Relief Act, 1963, Section 34 -- Suit for declaration that services of plaintiff were illegally terminated - Death of plaintiff - Legal representatives are entitled to continue the suit but the consequential relief of such declaration to be confined upto the date of death and not beyond that...........
