Civil Procedure Code, 1908, Section 153, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit filed against a dead person - O.22.R.4 is not attracted-No legal impediment to bring on record the L.R's under O.1, R.10 r/w S.153 CPC...........
Civil Procedure Code, 1908, Order 22, Rule 12 -- Execution - J.D.died prior to filing of execution petition - Decree is executable by bringing his legal representatives on record...........
Civil Procedure Code, 1908, Order 22, Rule 3, Limitation Act, 1963, Article 120, 137 -- Impleading of legal representative - limitation - when an application is made by the legal representative to get himself impleaded as legal representative, then Article 137 applies which is a residuary article and provides for a limitation of three years...........
Civil Procedure Code, 1908, Order 41, Rule 22(4) -- Cross objections - Appeal withdrawn or dismissed for default - Does not render cross objections incompetent - cross objections have to be decided...........
Civil Procedure Code, 1908, Order 41, Rule 22(4) -- Land Acquisition Act, 1894 - Cross objections pending - Land Acquisition proceedings must be deemed to be pending - Awardee entitled to all the benefits flowing from the amendment of Land Acquisition Act...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- No cross-objections maintainable unless there is a properly constituted appeal - Insufficiently stamped appeal is in competent and therefore cross objections not maintainable - Appeal not properly constituted for want of court-fee - Cross-objections cannot be  entertained  in Âdeciding the matter on merits...........
Civil Procedure Code, 1908, Order 22, Rule 10-A -- Death of defendant informed to one out of several branches of the Bank in the city - no notice to the other branches - notice to one branch of a Bank is not a notice to the other branches - suit by one branch of bank not to abate on basis of notice of death to another branch...........
Civil Procedure Code, 1908, Order 22, Rule 4, 10-A, Limitation Act, 1963, Section 5 -- Impleading of legal representatives - condonation of delay.Death of defendant on 6.11.1960 - application for impleading legal representatives filed on 88.1968 - death of defendant informed by widow on 20.10.1960 to one out of several branches of the Bank in the City - does not amount..........
Civil Procedure Code, 1908, Order 22, Rule 3, 11, Limitation Act, 1963, Article 120 -- Death of sole surviving appellant when right to sue survives during pendency of appeal - Appeal heard and decided before expiry of 90 days from date of death of appellant - No question of abatement- Abatement of appeal was to take place on expiry of the period of 90 days from date of..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representatives - all Legal representatives to be brought on record for the purpose of conducting those legal proceedings only - inter se dispute between rival L.R's to be independently tried and decided in separate proceedings - decision U.O.22. R.5 does not operate as res judicata...........
