Civil Procedure Code, 1908, Order 21, Rule 22 -- Objection as to issuance of notice U/O.21.R.22 raised in trial court but not in lower appellate Court - Same cannot be allowed to be raised at second appellate stage...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 22 -- Lower appellate court reversed the decree of trial court on consideration of commissioners report by lower appellate court Order cannot be sustained - Case remand to consider the entire evidence on record...........
Civil Procedure Code, 1908, Order 1, Rule 9, Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit against sole defendant dead on the date of institution - Legal representative allowed to be impleaded of the deceased defendant. When only some of the legal representatives of the deceased are impleaded and others are left behind, the cannot be claimed to be for no, joinder In..........
Civil Procedure Code, 1908, Section 153, Order 22, Rule 4 -- Money suit against sole defendant - Defendant dead before institution of suit - Suit not void ab initio - Suit can be continued against legal representatives if substitution is made within limitation - S.153, confers a general power on the court to amend the defects and errors in any proceeding in a suit and to..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 11 -- Appeal - One L.R. on record - Other L.R's not impleaded - Appeal does not abate...........
Civil Procedure Code, 1908, Order 22, Rule 4, 11 -- Partition suit between co-owner - Alinee of one co-owner impleaded party - L.R's of alinee not impleaded within time on death - Appeal does not abate as alinee not a necessary party...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Appeal - On the abatement of an appeal against one respondent the Court can not proceed with the appeal against the other respondents (1) if the success of the appeal would lead to contradictory decisions with respect to the same subject-matter, (2) if the appellant could have brought the action against the remaining..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 43, Rule 1(a), Civil Procedure Code, 1908, Order 41, Rule 22 -- O.41-A - Appeal U/O.43 - Provisions of O.41 & 41-A also apply to such appeals - If the respondent aggrieved may file cross objections U/O.41.R.22 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - For want of court fee appeals not numbered - Cross objections can be entertained only if registered appeal...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Two appeals by opposite parties against judgment - One appeal found to be incompetent as not having impleaded the proper parties, it can be treated as cross objections to the other appeal only if it is filed after the filing of the other appeal and not if it has been filed before the filing of the other appeal...........
