Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before Judgment - Application for substitution of property - Defendant at the time of filing of written statement offered to substitute the property by another property and also placed on record the evaluation thereof - Evaluation of property offered is not in dispute - Trial Court after being satisfied with the..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of L.R's - Suit filed against a dead person - Defendant had died prior to filing of suit - Neither his L.R's can be impleaded nor O.6.R.17 CPC can be invoked - Suit against a dead person is not maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of LRs - Sole defendant was not alive on the date of institution of suit - Plaintiff came to know about the death of sole defendant only when memo was filed - Mistake was bonafide one made in good faith by impleading a deceased defendant in the suit originally instituted - Delay in filing application for..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing substitution application - Liberal approach is to be adopted by Court while considering sufficient cause and in the matters of substitution, pending suit...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing substitution application - Trial Court condoned delay on sufficient cause being shown i.e Corona Pandemic - Exercise of discretion by trial Court in a judicial manner which advances the cause of justice - No inference warranted in said findings of trial Court - Delay rightly condoned...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - When plaintiff passes away and if any particular legal heir is omitted from being brought on record by other legal heirs, carriage of suit by some of heirs would not be rendered bad as excluded legal heir can always file independent application to be brought on record as legal heir..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Where plaintiffs passes away, there is no duty cast on defendants to take any steps in such a case - It is for legal heirs of plaintiffs to bring themselves on record as plaintiff's LRs - Such a duty is also not cast on one or more LRs who volunteer to file an application for setting..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Even if majority of LRs are brought on record, case can be contested on merits without any necessity of other representatives being brought on record...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Suit for recovery of possession - Non-impleadment of all LRs of plaintiff - Respondent being one of legal heir of plaintiff is competent to act as an agent of other heirs of deceased plaintiff in the carriage of suit - Defendant cannot insist that all legal heirs must participate in..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Death of sole defendant - Substitution of LRs - Application for bringing on record LRs was filed within three months from the date of knowledge - Application is thus, within limitation - LRs of deceased ordered to be brought on record...........
