Civil Procedure Code, 1908, Order 22, Rule 9(2), Civil Procedure Code, 1908, Order 43, Rule 1, , Section 100 -- Death of respondent during pendency of appeal - Application to bring on record legal representatives dismissed by holding that simplicitor application without any prayer for condoning delay is not maintainable - Dismissal of appeal consequent thereto - Second..........
Civil Procedure Code, 1908, Order 22, Rule 9, 10A -- Death of sole respondent - Non-substitution of LR's within time - Abatement of suit - Non information of death of sole respondent to Court by counsel of the party he represented - Information of death of sole respondent was received at later stage by applicants and on account of illness of applicant immediate steps were..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Partition suit - Bar U.O.22.R.9 CPC - Held, unless there is previous partition, plaintiff in a previous suit, which has abated due to no, substitution of defendant or defendants, can himself also bring a subsequent suit for partition - So long as there has been no division of joint property by actual delivery of allotments of..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application to bring LR on record - Delay of 1216 days - Condonation - Petitioner No.1 stated that plaintiff No.2 died due to illness - Petitioner No.1 was not doing well and was unable to move due to his illness - On account of his ignorance and illness, he could not intimate death of..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application for setting aside abatement - Condonation of delay - Application filed by applicants for bringing them on record as heirs and LRs of deceased appellant after a period of 11 years - Proposed LRs No.3(a) has signed the affidavit in English - A bare perusal of Vakalatnama signed by..........
Civil Procedure Code, 1908, Section 100A, Order 22, Rule 9 -- Abatement of Suit - Dismissed - Bar to further Appeal - Intra-Court appeal is not maintainable as no further intra-court appeal lies against order passed in first appeal in view of amendment made in CPC - Hence, appeal to Division Bench is barred...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Partition suit - Appeal therefrom - Non-substitution of widow of deceased defendant - Sons of deceased defendant No.1, who are heirs and legal representatives of defendant No.1, were already on record in appeal - They have been fighting litigation against plaintiffs - They sufficiently represented estate of deceased..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application for setting aside abatement - Condonation of delay - Information with regard to death of respondents Nos.1 to 5 had come within the knowledge of appellants in the year 2008 - Applications for condonation of delay and setting aside abatement filed on 14.01.2011 - Held, conduct of..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Non impleading of L.R's within time - Non informing to Court, in time, by counsel about death of party he represented - Delay cannot be attributed to the petitioner...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Non impleading of L.R's within time - Held, a simple prayer for bringing L.R's on record without specifically praying for setting aside abatement may in substance be construed as a prayer for setting aside the abatement. (2003(10) SCC 691)...........
