Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- No steps taken to bring L.R's on record - Recourse to the general provisions of O.1.R.10 CPC for impleading the L.R's of the deceased party by circumventing the provisions of O.22 cannot be allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 22, Rule 4(5) -- Impleading of L.R's - Death of a party after pronouncement of judgment - There is a specific provision under O.22.R.4(5) to implead legal heirs - Order 1.R.10(2) will not apply - When there is a specific provision, it will override the general provision...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9, Civil Procedure Code, 1908, Order 1, Rule 10 -- Death of one of the plaintiffs - L.R's not brought on record as per the provisions of O.22 CPC - Impleading of L.Rs under O.1.R.10 - Not legal - Suit cannot be proceeded on behalf of impleaded parties...........
Civil Procedure Code, 1908, Order 22, Rule 10-A -- Notice of death to the other party - The expression `the other party' in O.22.R.10-A CPC may in suitable cases is interpreted as meaning the party to the suit or appeal and not only the Counsel of such party...........
Civil Procedure Code, 1908, Order 22, Rule 10-A, 9, 4 -- Death of defendant - Reported to Court by counsel - Counsel for plaintiff present - Application for setting aside abatement and substitution of L.R's sought after delay of 20 days - Plaintiff claiming to have got knowledge of death only days ago - Nothing on record to show giving of information of death by Court to..........
Contract Act, 1872, Section 128, 137, 145, Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit against a dead person - Suit for recovery of loan against principal debtor and surety - Suit against principal debtor was found void ab initio as he had died even before institution of suit - Liability of surety is not discharged and..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Partition suit - Preliminary decree passed - Death of D.H. during pendency of appeal - L.R's not brought on record within time - Thereafter application U.O.1.R.10 filed for impleading legal representatives of deceased - Held, application is maintainable - O.1.R.10..........
Civil Procedure Code, 1908, Order 22, Rule 10-A -- Death of defendant - Order passed that suit stands abated qua the deceased defendant - Impugned order could not have been passed after the 1976 amendment when it casts an obligation on the lawyer of the deceased party to intimate the death of the party he represents to the Court...........
Civil Procedure Code, 1908, Order 22, Rule 4(2), Civil Procedure Code, 1908, Order 1, Rule 10 -- Legal representatives can take only pleas appropriate to their character as legal representatives - If legal representatives intend to take other pleas i.e. additional pleas - Legal representatives must get themselves impleaded as party and thereafter take defence open under..........
Civil Procedure Code, 1908, Order 22, Rule 10, 3 -- When right to sue survives to surviving appellants - No question of abatement of appeal - Death of some of the appellants - Legal representatives of appellants claiming property by devolution through their father - Provisions of Order 22 Rule 10 attracted - Can be brought on record at any time...........
