Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit against sole dead person - Plaintiff can seek impleadment/substitution of proper parties provided he satisfies Court that mistake in filing suit was in good faith and not on account of any neglect on the part of plaintiff...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit filed against a dead person - Amendment sought to implead son of defendant deceased - Amendment allowed by recording satisfaction as to bona fides of plaintiff in occurrence of mistake, keeping in mind the alacrity with which the plaintiff brought the amendment upon coming to know about true..........
Civil Procedure Code, 1908, Order 16, Rule 6 -- Production of document - Suit for declaration and recovery of possession - Original sale deed - In possession of vendee, who is dead - Plaintiffs filed certified copy of sale deed - Sale deed is now in custody of son of vendee - Document is vital one - Application allowed...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of L.R's - Suit against a dead person - There is no suit if there is no defendant in existence - Suit is nullity against such a defendant - There is no question of substitution of his legal heirs...........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit against a dead person - Substitution of L.R's by considering application for substitution as one U.O.1.R.10 CPC - Cannot be allowed when there is no cause of action or when he is neither necessary nor a proper party and whose presence is not necessary for adjudication of..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Impleading L.R's - Suit filed against a dead person due to mistake in good faith - There is no legal impediment in impleading the L.R's of deceased to represent him in the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Suit filed against a dead person - Death was not within knowledge of plaintiff and suit filed within time - If Court is satisfied that non impleadment of legal heirs of deceased defendant was a bona fide mistake, then Court has got power to implead them invoking O.1.R.10 CPC and S.21 of..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit filed against a dead person - O.22.R.4 CPC is not applicable - O.22.R.4 CPC applies in a case where either plaintiff or defendant dies during pendency of proceedings and not in respect of persons who died prior to institution of proceedings...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 4 -- Withdrawal of suit - Sole defendant - Suit filed against a dead person - Suit is a nullity - Substitution of his L.R's cannot be permitted - Trial Court by exercising its power allowed the withdrawal of suit as it was inhibited with `formal defect' - Held, order cannot be faulted..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - Two eye witnesses - Material alterations in the testimonies of eye witnesses viz. (i) PW1 came to the spot after information sent to him by police, he cannot be said to be an eye-witness to the offence; (ii) PW4, admittedly saw the dead body of deceased lying in pool of blood in rear seat of car..........
