Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Death of one `N' during pendency of suit - During pending of application for substitution `I' one of the L.R's of `N' died - Limitation to file application for substitution of L.R's of `I' will start to run from the day when application for substitution of L.R's of `N' was allowed...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of suit - Death of tenant - Eviction suit - Natural son of tenant has been substituted in his place - Tenant with his son was carrying business in the shop in question - In order to pursue eviction suit on the ground of bona fide and personal necessity of landlord, sufficient representation of tenant is through his..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of suit - Death of original allottee - Suit filed by plaintiff/power of attorney on behalf of original allottee - Plaintiff has been treated as LR of original allottee - Right to continue civil suit survives upon plaintiff after death of original allottee - Suit does not abate...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 -- Proceedings u/s 14 of the Act - Powers of District Magistrate - Proceedings u/s 14 of SARFAESI Act is not akin to a suit since no adjudication is permitted by District Magistrate - But principle laid down that when two of legal representatives of deceased..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of appeal - Non-substitution of LRs of plaintiff - Eviction suit - Not arraying/substituting all LRs of plaintiff would not lead to abatement of appeal as a whole, particularly where each of plaintiffs have an independent severable right to claim eviction of defendants...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Non-substitution of LRs of defendant no.2 - Eviction suit - No relief sought against defendant no.2 in suit and defendant no.2 also did not file any counter claim - Further claim made by defendant no.2 has been negated by all Courts including Supreme Court - Failure to implead LRs of defendant no.2..........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Abatement of suit - Death of defendant - Where estate of deceased is adequately represented before Court there can be no abatement...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Death of one of plaintiffs - Where all the plaintiffs filed a common suit having similar but independent cause, suit would not abate as a whole in case of death of one of plaintiffs...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Abatement of suit - When each of application bring forth a sound explication for the occurrence of the apposite delay thereupon after condoning the apposite delay this Court deems it fit to set aside the order of, abatement of the appeal - Orders for substitution of the deceased by his LRs being made in the array of..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Non-substitution of LRs of defendant no.1 - Suit for specific performance - Defendant No.1 died during pendency of appeal - LRs of defendant No.1 were necessary party in appeal and in absence of same, appeal preferred by plaintiff abated - Appeal abates...........
