Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit for specific performance - L.R's of principal defendant vendor not impleaded on death - Suit abates...........
Civil Procedure Code, 1908, Section 115.47(2), 96, 2(2), Order 21, Rule 22 -- Execution sale challenged for non issuance of notice U/O.21.R.22 CPC but none of the grounds alleged were either anterior or subsequent to the publishing or conducting of the sale, question outside the perview of S.47 and court justified in refusing to treat the suit as a proceeding u/s 47 CPC -..........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Non issuance of notice U/O.21.R.22 not a matter affecting the jurisdiction of the executing court...........
Civil Procedure Code, 1908, Section 11, Order 22, Rule 5 -- Order U/O.22.R.5 CPC does not operate as res-judicata...........
Civil Procedure Code, 1908, Section 2(11), Order 22, Rule 3 -- Legal Representative in S.2(11) CPC include a person who seek to represent the deceased on the basis of a will...........
Civil Procedure Code, 1908, Order 22, Rule 11, 4 -- Abatement - Creditor's (decree-holder's) appeal in a suit under Order 21 Rule 63 filed by objectors - Death of respondent (judgment-debtor) - Judgment-debtor never filed any objection petition or claim in execution Court - Not necessary to bring his legal representatives on record - Appeal does not abate...........
Civil Procedure Code, 1908, Section 96, Order 22 -- Appeal filed against dead persons - Provisions of O.22 CPC do not apply to appeals against dead persons - Application u/s 5 of Limitation Act to condone delay - On satisfaction of sufficiency of cause, delay condoned and the appeal was treated to have been filed on the date the order of condonation of delay was made...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Appeal - In a suit against several defendants for accounts, case one of the defendant - Respondents dies and the appeal abates against him, the appeal as a whole does not abate, as the remaining respondents could be individually sued for rendering accounts and for recovery of the amount due from them...........
Civil Procedure Code, 1908, Order 22, Rule 4, 11 -- During pendency of appeal one of several plaintiff respondents died and L.R's not impleaded within time - decree joint and indivisible-entire appeal abates...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- When sufficient cause is shown abatement of suit can be set aside-notice a must to the parties who are to be impleaded as legal representatives who have legal right to object and of hearing before impleading any one as legal representative...........
