Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Where plaintiffs passes away, there is no duty cast on defendants to take any steps in such a case - It is for legal heirs of plaintiffs to bring themselves on record as plaintiff's LRs - Such a duty is also not cast on one or more LRs who volunteer to file an application for setting..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Even if majority of LRs are brought on record, case can be contested on merits without any necessity of other representatives being brought on record...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Suit for recovery of possession - Non-impleadment of all LRs of plaintiff - Respondent being one of legal heir of plaintiff is competent to act as an agent of other heirs of deceased plaintiff in the carriage of suit - Defendant cannot insist that all legal heirs must participate in..........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d), Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Magistrate dealing with a petition claiming maintenance u/s 20(1)(d) of Domestic Violence Act, shall specify in the order under which provision whether u/s 125 Cr.P.C or u/s 20(3) HAMA,..........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d), Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Magistrate dealing with a petition claiming maintenance u/s 20(1)(d) of Domestic Violence Act, shall specify in the order under which provision whether u/s 125 Cr.P.C or u/s 20(3) HAMA,..........
Civil Procedure Code, 1908, Order 45, Rule 2 -- Appeal to Supreme Court against interim order passed by trial Court - Suit finally decided and decree not challenged further - Appeal dismissed as infructuous...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Substantial question of law must be debatable not previously settled by law of land or a binding precedent and must have a material bearing on the decision of the case, if answered either way, insofar as the rights of parties before Court are concerned...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second appeal does not lie on the ground of erroneous findings of fact based on an appreciation of relevant evidence - Existence of a substantial question of law is a condition precedent for entertaining the second appeal...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration of title and injunction - Defendant seeking appointment of Local Commissioner - No dispute with respect to identity of property - Burden of proof is on plaintiff in such a suit to prove with cogent evidence that he is owner of property - No necessity for defendant to take upon himself..........
Criminal Procedure Code, 1973, Section 233 -- Summoning of defence witness - When accused submits a list of witnesses, it is not open for Court to pick and choose witnesses for issuing summons - Though Court is certainly bestowed with power to refuse to summon a witness, such refusal can only be for reasons to be recorded in writing, which have to relate to delaying..........
