Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleading of legal representatives of deceased plaintiff or defendant - Dispute as to- Proper course for Court to follow - To bring all the legal representatives on record so that they vouch-safe estate of deceased for ultimate benefit of real legal representatives - Bringing on record of all legal representatives under..........
Civil Procedure Code, 1908, Order 22, Rule 3, 11, Limitation Act, 1963, Article 120 -- Bringing on record legal representatives of one of the appellants who died during pendency of appeal - Application made after more than 19 months - Heirs of deceased appellant shifted to a village other than where remaining appellants reside - Heirs could not get knowledge of pendency of..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections by respondent-plaintiff against co-defendant in suit not impleaded as a respondent in appeal and against whom suit dismissed - Not competent - Respondent-plaintiff can file Cross-Objections only against appellants - Relief if wanted against defendant qua whom suit dismissed - Appeal has to be filed...........
Civil Procedure Code, 1908, Order 41, Rule 20, Civil Procedure Code, 1908, Order 22, Rule 4 - - Not a case of abatement under Order 22 Rule 4 - Covered by Order 41 Rule 20 - Proper course - To make application under Order 41 Rule 20 and claim condonation of delay...........
Civil Procedure Code, 1908, Order 43, Rule 1(k), Civil Procedure Code, 1908, Order 22, Rule 3, 5, 9 - - Appeal against order of trial Court dismissing suit as having abated - Maintainable - Order of trial Court dismissing application of legal representatives of deceased and consequential dismissal of suit as abated - Falls under Order 22 Rule 9 - Appealable under Order 41..........
Civil Procedure Code, 1908, Order 22, Rule S -- Impleading of legal representatives of deceased plaintiff - Court can go into the question whether right claimed by plaintiff heritable or not - Not correct that Court bound to implead legal representatives of deceased and other questions can be determined at the time of final disposal of suit...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, 11 -- application by transferee (assignee) from defendant for being impleaded as party to the cause -Should ordinarily be granted - Provisions of Rules 10 and 11 of Order 22 of enabling character and entitles assignee to make application for being impleaded during pendency of suit..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Death of one of the respondents during pendency of writ petition - Application after 6 years for bringing on record Legal Representatives of deceased respondent - Allowed and abatement set aside - Rural background of parties and poverty, ignorance and illiteracy prevailing in Country considered - Not fair to presume that..........
Punjab Land Revenue Act, 1887, Section 122, Himachal Pradesh Land Revenue Act, 1954, Section 134, Civil Procedure Code, 1908, Order 21, Rule 22 -- Possession of land in execution of order of partition as spelt out in instrument of partition - Application made within two years - Notice to opposite party - Not necessary - Notice against execution under Order 21 Rule 22 Civil..........
Punjab Land Revenue Act, 1887, Section 13, 17, 112, 113, 114, 115, 116, 117, 118, Civil Procedure Code, 1908, Order 41, Rule 22(4) -- Cross-Objections filed in appeal against partition - Withdrawal of Appeal later on - Cross-Objections held to have automatically ended - Plea that Cross-Objections should be treated as Appeal - Not tenable - Provisions of Civil Procedure..........
