Civil Procedure Code, 1908, Order 22, Rule 5, 4, 11 -- Appeal - Death of respondent - Substitution of LRs - Duty of Court - Held, provisions of Rules 4 and 5 of Order 22 are mandatory - When a respondent in an appeal dies, Court cannot simply say that it will hear all rival claimants to the estate of deceased respondent and proceed to dispose of appeal - Nor can it implead..........
Civil Procedure Code, 1908, Order 22, Rule 5 -..........
Civil Procedure Code, 1908, Order 22, Rule 5, Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 3(vii)(b) -- Eviction petition - Application for substitution as legal heirs - Demised premises was leased out for commercial purposes - There was not even a whisper in the application that applicants or any of them had been or ever carried on business in the..........
Civil procedure Code, 1908, Order 22, Rule 5 - - Legal representative - Scope of O.22.R.5 CPC - An inquiry into heirship is not determining factor in deciding whether a person is or is not a legal representative for purpose of proceedings before court - What is required to be considered is whether person claiming to represent estate of deceased for purpose of lis has..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Proceedings for bringing LRs of 2nd respondent having been completed and decided by High Court earlier - Held, it cannot be recalled at the instance of respondents at the stage of final hearing...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Claim on the basis of Will - Two issues, namely, the status of appellant and whether she would claim to be a legal representative along with the question as to whether the Will propounded by the appellant is legal and valid and how far the same could be relied upon - Disputes questions of fact cannot be decided without..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representatives - Impleading of - On the basis of execution of Will in England qua property situated in Punjab - Plea that Will cannot be relied upon in India, unless a probate from the competent Court is obtained - Held, in respect of Wills either executed in Punjab or in respect of immovable property situated in..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- L.R's - Claim for impleadment by natural heir and by the other on the basis of Will - Will already under challenge - Natural heir ordered to be substituted subject to decision of suit wherein Will is under challenge...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representative - Allowing a person to pursue the suit on behalf of the deceased without determining the question as to whether he is the legal representative of the deceased or not, is not permissible - The question whether such person is or is not legal representative of the deceased had to be determined first..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleading of L.R's - Enquiry for determination of L.R's - Enquiry is summary in nature and is for a limited purpose to carry on the proceedings on behalf of the deceased...........
