Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Non substitution of L.R's within statutory period - Appeal abates - Decree passed thereafter - Decree passed by Court for or against a dead person is a "nullity" as defect of this nature affects the very authority of Court in passing such decree and goes to the root of the case...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- L.R's - On death of a party to appeal, if no application is made by the party concerned to the appeal or by legal representatives of the deceased on whom the right to sue devolves for substitution of their names in place of deceased party within 90 days from the date of death of the party, such appeal abates automatically on..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 9 -- L.R's - Non impleadment within statutory period of 90 days - Appeal abates - Appeal can be revived for hearing when L.R's of deceased person files an application for substitution and for setting aside abatement and making out a sufficient cause for setting aside abatement by filing an application u/s 5 of Limitation Act..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Right of legal representative - On substitution of LRs, rights and liabilities of original party have to be considered, but not those of legal representatives - It is not permissible on part of legal representative to ignore written statement filed by deceased-defendant and accept his written statement, which is complete..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit against sole dead person - Plaintiff can seek impleadment/substitution of proper parties provided he satisfies Court that mistake in filing suit was in good faith and not on account of any neglect on the part of plaintiff...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of Legal heirs - Question for determination of heirship is not a declaration, but an issue as to who is the actual legal heir of deceased...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of L.R's - Suit against a dead person - There is no suit if there is no defendant in existence - Suit is nullity against such a defendant - There is no question of substitution of his legal heirs...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of L.R's - Only when right to sue survives - Any claim on account of acts of fraud, misrepresentation, improper conduct, malfeasance and misfeasance are personal to the defendant - Heirs of such defendant or any of them cannot be made liable for the tortious and/or criminal acts of their predecessors in interest..........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit against a dead person - Substitution of L.R's by considering application for substitution as one U.O.1.R.10 CPC - Cannot be allowed when there is no cause of action or when he is neither necessary nor a proper party and whose presence is not necessary for adjudication of..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Once Court concluded that Gram Panchayat was left with no right to withdraw writ petition after land stood included in Municipal Council, application for substitution would necessarily have to be allowed on same logic i.e. to fend for interest of land of Gram Panchayat would flow..........
