Civil Procedure Code, 1908, Order 8, Rule 6-A, Civil Procedure Code, 1908, Section , Order 22, Rule 3, 4 -- Failure to substitute deceased defendant in counter-claim - No abatement of counter-claim inasmuch as once legal representatives of deceased plaintiff brought on record, no requirement under law to substitute deceased defendant in counter-claim - As substitution made..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of legal representatives of deceased plaintiff PRG holder of power of attorney - Agreement for sale executed by RA in favour of PRG and RA also executed power of attorney in favour of PRG - Suit by PRG for declaration and permanent injunction restraining defendant RA from interfering with possession - Death of..........
Civil Procedure Code, 1908, Order 22, Rule 3, 11 -- Death of appellant/defendant during pendency of appeal against decree for damages for malicious prosecution - L.Rs. have a right to prosecute the appeal for establishing that their deceased father was not guilty of malicious prosecution - Right to prosecute the appeal survives and the petitioner can maintain the petition..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9, Limitation Act, 1963, Section 5 -- Appeal - Death of sole appellant - Setting aside abatement and substitution of L.R's sought after five years - Ground for condonation of delay that applicant had no knowledge about counsel who had been engaged by appellant despite efforts made - Plea that he came to know about counsel only..........
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 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 3, 2 - - Abatement of connected appeals - Decree based on a common issue against the appellants in all the appeals - Failure to bring legal representatives of one of the deceased appellants in one appeal - Will result in abatement of all other appeals - Otherwise there will be conflicting decrees in the event of other appeals..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, Limitation Act, 1963, Section 5, Article 120, 121 -- Substitution of L.R's - Delay - Condonation - Limitation for making application 90 days - Article 121 provides period of 60 days to make application to set aside abatement from date suit or appeal abates - Thus application for substitution with prayer for setting aside..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Removal from service - Challenged - Death - Application to bring on record L.R's - Right to sue survives - Legal heirs have the right to recover dues upto date of his death upon reinstatement...........
Civil Procedure Code, 1908, Order 22, Rule 3, Arbitration Act, 1940, Section 41, 20 -- Schedule I Rule 7 - Arbitration proceedings - Death of one of the applicants - L.R's not brought on record - Provision of Order 22 CPC is impliedly excluded - Arbitration proceedings did not abate - Award shall be final and binding on persons claiming under deceased applicant even if..........
