Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 9 -- Death of unnecessary party - L.R's not impleaded in trial Appeal abates against that party and not as a whole...........
Civil Procedure Code, 1908, Order 22, Rule 4, 11 -- Appeal - Pending appeal a party dies - Some of his heirs already on record - Others not impleaded - Appeal does not abate unless interest of left out LR's is different...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- L.R's impleaded without objection after limitation - Estopped from challenging validity of substitution in appeal...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- The defendant against whom the relief was claimed died and L.R's not impleaded - Proforma defendant on record-suit abates as a whole...........
Civil Procedure Code, 1908, Order 1, Rule 9, Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit against sole defendant dead on the date of institution - Legal representative allowed to be impleaded of the deceased defendant. When only some of the legal representatives of the deceased are impleaded and others are left behind, the cannot be claimed to be for no, joinder In..........
Civil Procedure Code, 1908, Section 153, Order 22, Rule 4 -- Money suit against sole defendant - Defendant dead before institution of suit - Suit not void ab initio - Suit can be continued against legal representatives if substitution is made within limitation - S.153, confers a general power on the court to amend the defects and errors in any proceeding in a suit and to..........
Civil Procedure Code, 1908, Order 22, Rule 4, 11 -- Partition suit between co-owner - Alinee of one co-owner impleaded party - L.R's of alinee not impleaded within time on death - Appeal does not abate as alinee not a necessary party...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Appeal - On the abatement of an appeal against one respondent the Court can not proceed with the appeal against the other respondents (1) if the success of the appeal would lead to contradictory decisions with respect to the same subject-matter, (2) if the appellant could have brought the action against the remaining..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Appeal - One of the respondent dies - Appeal abates only where the respondents were jointly interested in the subject matter and not otherwise...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Appeal one of the respondent dies and one L.R. on record in his own right-appeal does not abate...........
