Civil Procedure Code, 1908, Order 22, Rule 3, 4, 11 -- Substitution of LRs - Legal Representative brought on record in an appeal filed against order refusing to grant temporary injunction - Such impleadment will enure towards the proceedings in the suit itself...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- More than one plaintiffs - Death of one plaintiff - L.R's of decreased plaintiff not brought on record - Entire suit does not abate on death of one of the plaintiffs...........
Civil Procedure Code, 1908, Order 11, Rule 11, 22 -- Interrogatories - Answer given in response to interrogatories can be used in evidence - Correctness and veracity thereof will be established only at trial - False answers given can be visited with consequences like perjury in accordance with law, since answers given in response to interrogatories can be used in evidence..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of second appeal - When two plaintiffs joined together and secured a decree of declaration and possession of an immovable property, death of one of decree holder will not make second appeal abate, as against surviving successful plaintiff, cause of action survived - Abatement occurs only when cause of action does..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Order passed against a dead person - Order is nullity and same cannot be allowed to operate against his LRs who were never brought on record to defend their case...........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Substitution of legal heir - Death of plaintiff - Appellant is admittedly son of deceased plaintiff - Thus, his entitlement whether by way of testamentary succession or non-testamentary succession as being legal heir of deceased plaintiff cannot be denied - Moreover, if any inquiry was required to be made, trial Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 50,000 Tramadol table weighing 20 kgs. - Bail - NCB specifically stated that it was disclosures made by accused that had led NCB team to arrive at and raid godown of co-accused, which resulted in recovery of large haul of different psychotropic..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Abatement of appeal - Death of plaintiff - Copy of intimation of death of plaintiff as submitted by his counsel was not served upon counsel for appellants - No material to suggest that fact of death of plaintiff before first appellate Court was mentioned in order sheet of appeal - Finding of abatement recorded by appellate..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of L.R's - Two independent proceedings - It cannot be said that substitution application filed in one proceeding is sufficient and only formal application is required in other proceeding - Substitution application not properly filed and Court in place of taking liberal view, took a arbitrary view which cannot be..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- (As in P&H), S.96 - Appeal at the instance of a legal representative who failed to get himself substituted on death of a party - There is no abatement of case on account of failure to file an application by the legal representative due to the death of a party - Order dismissing appeal as not maintainable, set aside...........
