Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Abatement - Delay in bringing on record the LRs of defendant - Condonation of delay - On sufficient cause, delay in bringing LRs of deceased party should be condoned - Procedure is meant only to facilitate the administration of justice and not to defeat the same - Delay condoned - Appeal restored...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- L.R's - Abatement - Abatement results in denial of hearing on merits and provision of abatement has to be construed strictly, but prayer for setting aside abatement and dismissal consequent upon an abatement, have to be considered liberally - Court have to adopt "a justice oriented approach" dictated by the utmost..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Non substitution of L.R's - When claim of parties with respect to suit properties is indivisible or inseparable, in that case on account of non substitution of heirs of any of the parties, the suit/appeal as a whole becomes incompetent and is liable to be dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Non substitution of L.R's - Suit for partition - One of appellant died during pendency of appeal - L.R's not substituted - Appeal as a whole becomes incompetent - In a suit for partition each and every co-sharer/co-owner is in the position of plaintiff as also defendant - For an effective decision of partition suit/appeal,..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Partition suit - Bar U.O.22.R.9 CPC - Held, unless there is previous partition, plaintiff in a previous suit, which has abated due to no, substitution of defendant or defendants, can himself also bring a subsequent suit for partition - So long as there has been no division of joint property by actual delivery of allotments of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 22, Rule 10 -- Ex parte decree - Setting aside at the instance of transferee pendente lite - Application U.O.9.R.13 CPC at the instance of transferee pendente lite is maintainable only when such transferee by filing an application seeks leave of Court in accordance with O.22.R.10 CPC - Only..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application to bring LR on record - Delay of 1216 days - Condonation - Petitioner No.1 stated that plaintiff No.2 died due to illness - Petitioner No.1 was not doing well and was unable to move due to his illness - On account of his ignorance and illness, he could not intimate death of..........
Hindu Succession Act, 1956, Section 22, Civil Procedure Code, 1908, Order 1, Rule 9 -- Preferential right to acquire property - Necessary parties - Property devolving upon more than two Class I heirs - Any one proposing to transfer - Preferential right to acquire is available to all other Class I legal heirs - All class I heirs are necessary parties in case of a suit for..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application for setting aside abatement - Condonation of delay - Application filed by applicants for bringing them on record as heirs and LRs of deceased appellant after a period of 11 years - Proposed LRs No.3(a) has signed the affidavit in English - A bare perusal of Vakalatnama signed by..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -..........
