Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary Party - Declaration regarding civil death - Suit for partition against a person who is missing for more than 7 years - Impleading as party to suit claimed on the basis of Will executed by said person - Execution of Will denied by legal heirs of said person - Till the Civil Court declares a person to be civilly dead..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section , Order 22, Rule 4 -- Application filed by widow claiming to be additional legal representative of deceased - Opposed by other legal heirs on the ground that in view of Sec. 34 of Hindu Succession Act after re-marriage widow of pre-deceased son has no right of inheritance - Sec. 34 stands..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Decree passed without establishing right to sue of the Legal Representatives - Death of plaintiff - Three separate applications for impleading Legal Representatives - Issue framed as to who was the legal representative of deceased plaintiff - Not decided at time of final adjudication - Suit decided without impleading Legal..........
Civil Procedure Code, 1908, Order 22, Rule 1 -- Abatement of suit - One of the performa defendant proceeded ex-parte - Died during pendancy of suit - Trial Court dismissed the application for impleading LR's being time barred - Appellate Court affirmed the findings of Trial Court - Suit abated - Deceased defendant was neither in possession nor had any interest in suit land..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Impleading of LR's - Duty - Heirs of deceased to bring LR's on record and not person who is dominus Litus...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleading of Legal Representatives - Suit for possession - Defendant alleged to be trespasser, in illegal possession - Plaintiff expired - Application for impleading LRs on the basis of registered will - Defendants also claiming themselves as LRs on the basis of another registered will - Interest of defendant runs counter to..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Inter-se dispute between Legal Representatives - Impleading of LRs in a suit does not decide lis between the legal heirs - To be independently tried and decided in separate proceedings...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Sale of property during pendency of suit - Subsequent purchaser created equitable mortgage of suit property in favour of Bank - Plaintiff by amendment of plaintiff sought declaration that equitable mortgage by suit property in favour of bank is null and void - Mortgagee..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit against 'Hari Singh HUF of which Kulwant Rai and Kanwar Sain Bansal sons of Hari Singh were the members' - Death of Hari Singh - Hari Singh not a party to the suit - Married daughter of Hari Singh cannot be impleaded as a party to the suit on two counts viz. Hari Singh was not a party to the suit and secondly married..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Eviction petition - Purchaser of property - Not a necessary party - Petition for eviction cannot be allowed to be converted to a suit for title - Order allowing application set aside...........
