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 3, Land Acquisition Act, 1894, Section 23(1A) -- Compensation - Interest - Non-payment of interest on enhanced amount from the date of receiving of reference petition dated 02.05.1998 to the date of filing of substitution application i.e. 02.02.2007 - Wife of deceased received Reference Court notice on 02.06.1998, despite receipt..........
Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Suit for declaration of ownership - Assignee of rights during pendency of suit - Held, assignee has a right to be impleaded as a party, he having stepped into the shoes of assignor...........
Civil Procedure Code, 1908, Order 6, Rule 16, Civil Procedure Code, 1908, Order 22, Rule 3 -- Deletion of new fact from amended Written Statement - Application for - In instant case, amendment in plaint was not to incorporate new pleas - Incorporation of legal heirs in array of plaintiff does not give right to party to amend pleas in written statement - Application for..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- P&H - Impleadment of LRs. - Contention that defendant No.4 died during pendency of suit and her legal representatives were not impleaded - Held, contention does not help appellants because defendant No.4 herself was served in suit and was ultimately proceeded ex-parte - If thereafter defendant No.4 died, the suit could..........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Abatement of ejectment proceedings - Landlady filed eviction application on ground of bonafide necessity as she required demised premises for her residence as well as that of her family - Landlady, being a widow, fall in category of specified landlords under Sec.23-J of M.P.Accommodation Control Act and thus, was competent to..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Impleading of L.R's - Delay in impleading - Abatement - Setting aside abatement and condonation of delay - Explanation furnished for the delay should be accepted as a rule rather than refusal particularly when inaction or negligence cannot be imputed to be deliberate or with mala fide intent...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Impleading of L.R's - Delay in impleading - Abatement - Setting aside abatement and condonation of delay - A liberal approach ought be taken even though there may be some lapse on part of the litigant but that would not be enough to shut the doors of justice unless such delay is attributed to mala fide intention...........
Civil Procedure Code, 1908, Order 22, Rule 2, 4 -- Suit for injunction - Death of defendant - Substitution of legal heirs - Perusal of plaint shows that, word `agent', his men or any other person claiming through the defendant` has been used and therefore, heirs of the defendants who are sought to be substituted can very well be treated to be the agent or any other man of..........
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4, 8 -- L.R's - Execution - O.22.Rr.3, 4 & 8 not applicable to execution proceedings - Execution proceedings do not abate for non impleading of L.R's - L.R's can be impleaded at any time in Execution proceedings - There is no bar to file a fresh Execution Petition also with the legal representatives on the party array,..........
