Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5 -- Pending appeal - Death of appellant - Substitution application was moved by petitioner on death of his father - Petitioner, however, became aware of death of respondents on date order of abatement of appeal was passed at behest of one of respondents - Copy of application made by said..........
Consumer Protection Act, 1986, Section 15, Limitation Act, 1963, Article 120,121 -- Abatement of complainant - Validity - Existing of legal heirs - No provisions in the CP Act which would indicate abatement of complainant upon death of complainant where right to the complainant survives to the heirs...........
Civil Procedure Code, 1908, Order 22, Rule 9, 3, 4 -- Setting aside of abatement of suit - Prayer for setting aside abatement as regard one of the plaintiffs - Can be construed as a prayer for setting aside abatement of suit in its entirety - Opinion of trial Judge allowing prayer for setting aside abatement and his finding on `sufficient cause' for condonation of delay..........
Civil Procedure Code, 1908, Order 22, Rule 9, 3, 4 -- Abatement of suit for failure to move application for bringing legal representatives on record within prescribed period of limitation - Automatic - Specific order dismissing suit as abated - Not called for - Once suit has abated as a matter of law, though there may not have been passed on record a specific order..........
Civil Procedure Code, 1908, Order 22, Rule 9, Civil Procedure Code, 1908, Section , Order 1, Rule 8 -- No abatement on death of any one of the plaintiffs or appellants in a suit filed in representative capacity - Only Article 137 Limitation Act applicable - Application for impleadment can be made within 3 years - Limitation Act, Article 137...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Civil Procedure Code, 1908, Order 43, Rule 1(k) -- Abatement - Application to set aside - Dismissal - Appeal and not revision lies - Fact of composite application U.O.22.Rr.4 & 9 alongwith application u/s 5 Limitation Act is immaterial as fact remains that abatement of suit is automatic on failure to bring on record legal..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9, Limitation Act, 1963, Section 5 -- Appeal - Death of sole appellant - Setting aside abatement and substitution of L.R's sought after five years - Ground for condonation of delay that applicant had no knowledge about counsel who had been engaged by appellant despite efforts made - Plea that he came to know about counsel only..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, Limitation Act, 1963, Section 5, Article 120, 121 -- Substitution of L.R's - Delay - Condonation - Limitation for making application 90 days - Article 121 provides period of 60 days to make application to set aside abatement from date suit or appeal abates - Thus application for substitution with prayer for setting aside..........
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5 -- Money suit - Death of defendant - Delay in bringing on record L.R's - Close relations not disclosing names and addresses of legal representatives - Attempt by Bank to find out particulars taking time of seven months - Sufficient cause for delay made out - Delay is condoned, abatement set aside..........
Limitation, Article 120,121 -- Period of limitation - To be counted from date of death - Not from date of knowledge - Under Article 120 period of 90 days is to be reckoned from date of death of plaintiff or appellant, defendant or respondent, as the case may be, and not from date of knowledge - Period of 60 days under Article 121 is to be counted from date of abatement of..........
