Hindu Marriage Act, 1955, Section 11, Civil Procedure Code, 1908, Order 22, Rule 3 -- Annulment of marriage - Death of husband - Substitution of LRs/parents - Parents of husband have a right to get a declaration that marriage between their son and appellant was in violation of provisions of S.5 of Hindu Marriage Act, as their property rights are directly affected and they..........
Hindu Marriage Act, 1955, Section 11, Civil Procedure Code, 1908, Order 22, Rule 3 -- Annulment of marriage - Death of husband - Substitution of LRs/parents - Parents of husband have a right to get a declaration that marriage between their son and appellant was in violation of provisions of S.5 of Hindu Marriage Act, as their property rights are directly affected and they..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff no.2 - Substitution of LRs - Multiple substitution applications filed by LRs of deceased plaintiff - Proper course is to bring all the heirs and LRs of deceased plaintiff on record including LRs who are claiming on the basis of Will of deceased plaintiff - Substitution application filed by petitioner No.3..........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Abatement of suit - Death of plaintiff - When no application U.O.23.R.3(1) CPC filed for substitution of Lrs within time limited by law, suit shall abate as against deceased plaintiff and judgment may be pronounced notwithstanding his death, which shall have same effect as if it is pronounced before death took place and..........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Abatement of suit - Death of plaintiff - Plaintiff died during pendency of appeal - No one has come forward to bring his LRs on record - Suit shall abate against deceased plaintiff and judgment may be pronounced notwithstanding his death - Suit filed by deceased plaintiff shall stand decreed...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Death of a party - Substitution of LRs - Suit for passing of mortgage decree - In case of death of any of affected parties after preliminary decree and during pendency of final decree, whose interests are likely to be affected by drawal of final decree, substitution of his/her legal heir is compulsory and mandatory...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of LRs - Only requirement for filing LR application is death certificate - Family member certificate is not required for filing LR application...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Death of party - Substitution of Lrs - Where a party dies in a pending suit/appeal and judgment/decree is passed in ignorance to such death, question of substitution of his/her legal heirs and setting aside the abatement, if any can only be considered by Court before whom suit/appeal was pending at that time...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Partition suit - Normal rule relating to abatement in a suit does not apply to suit for partition - Order allowing application for substitution by condoning delay is proper...........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- (As amended by High Court (Punjab, Haryana and Chandigarh) - Substitution of LRs - Limitation period of 90 days not applicable - Application that suit has abated for non impleadment of L.R's within 90 days rightly dismissed and L.R's allowed to be impleaded...........
