Civil Procedure Code, 1908, Order 22, Rule 2, 4 - - Death of one of the respondents during pendency of appeal - In succession to proprietary rights in Punjab son can represent father - Respondents joint owners - Any one of them can represent interest of deceased joint owner - Absence of legal representatives of deceased respondent - Appeal does not abate...........
Civil Procedure Code, 1908, Order 22, Rule 4(3) -- As substituted by Punjab & Haryana High Court on March 25, 1975 - Not inconsistent with provisions of Code as amended by Amendment Act, 1976 - Does not stand repealed - If a rule or sub-rule in Schedule I of Code was amended or substituted by a High Court before Amendment Act, 1976, the amended or substituted rule does not..........
Civil Procedure Code, 1908, Order 22, Rule 2A, 2B, 4(3), 4(4), 4(5), 4(6) -- Mains purpose - Legal representatives of deceased defendant if through over-sight or on account of some other cause not brought on record before decision of suit - Decision remains binding on parties - High Court intention not to penalize legal representatives of deceased defendant - Entitled to..........
Civil Procedure Code, 1908, Order 22, Rule 2B, 4(3) -- as added by Punjab & Haryana High Court - Came into effect from March 10, 1975 - Not retrospective - Question of abatement to be determined according to law at the relevant time - Sole respondent in appeal died on August 2, 1972 - Appeal stood abated on November 1, 1972 - Creates vested right - Cannot be taken away by..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Impleading of legal representatives - Entitled to take any defence appropriate to his character as legal representative of deceased - Can urge all contentions which deceased could have urged except those personal to deceased - No legal bar in way of legal representative to take plea inconsistent with admission of deceased...........
Civil Procedure Code, 1908, Section 115, Order 22 -- The provisions of O.22 are also applicable to revision - An application, for substitution of Legal Representatives is to be made within three years...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit filed against a dead person - Is a nullity and that no substitution can be made in place of the original defendant who was dead on the date of the institution of the suit...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement - Partition suit - Shares of defendants specified - Death of one of the defendants - Does not entail abatement of entire suit...........
Civil Procedure Code, 1908, Order 22, Rule 4, 11 -- Abatement of appeal - Death of one defendant-respondent - Legal representatives not brought on record - Cause of action against deceased defendant-respondent capable of separation without affecting rights and liabilities of other defendants-respondents - Appeal abates only qua deceased defendant-respondent and not in..........
Civil Procedure Code, 1908, Section 22, 23, 151 -- Transfer of case by High Court to another Court subordinate to different High Court - As same question of law and fact involved - Parties same - Case transferred in the ends of justice and to prevent abuse of process of the Court...........
