Civil Procedure Code, 1908, Order 22, Rule 9 -- L.R's - Non impleadment - Abatement - Setting aside - If the following three conditions exist then Courts usually condone the delay and set aside the abatement (even though the period of delay is considerable and a valuable right might have accrued to the opposite party) - (i) The respondent had died during the period when..........
Civil Procedure Code, 1908, Section 2(2), Order 1, Rule 9, Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree - Binding nature on a legal representative not impleaded - Ordinarily a decree is not binding upon a legal heir who is not impleaded but some of the exceptions are : when estate of deceased was sufficiently represented or when plaintiff had impleaded all the..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - A prayer for bringing the legal representatives on record, if allowed, would have the effect of setting aside the abatement as the relief of setting aside abatement though not asked for in so many words is in effect being actually asked for and is necessarily implied...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - A simple prayer for bringing the legal representatives on record without specifically praying for setting aside of an abatement may in substance be construed as a prayer for setting aside the abatement...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Prayer for setting aside abatement as regards one of the plaintiffs can be construed as a prayer for setting aside the abatement of the suit in its entirety...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Failure to file application within time to implead L.R's - Abatement of suit is automatic and a specific order dismissing suit as abated is not called for...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Suit once abated though no specific order passed to that effect then L.R's proposing to be brought on record or any other applicant proposing to bring the legal representatives of the deceased party on record would seek the setting aside of an abatement...........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5, Article 120, 121 -- Abatement - Setting aside - If an application for setting aside the abatement is made within 150 days of the date of death, there is no need to file an application under section 5 of the Limitation Act to condone the delay as no delay as such occurs in view of Arts.120 & 121..........
Civil Procedure Code, 1908, Order 43, Rule 1(k), Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Refusal to set aside - Same challenged in appeal - Pending appeal suit also dismissed as abated - Not necessary to challenge judgment in suit in appeal...........
Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 9 -- Right of easement - Six plaintiffs - Death of one - L.R's not impleaded - Abatement of suit qua one plaintiff - Suit does not abate qua other plaintiffs as right to sue survives - Right of easement or easement of necessity is an independent and separate right and every individual..........
