Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of suit - Substitution of legal representative - Application for - Condonation of delay - Initial application was filed within the period of limitation which was dismissed on technical ground - Second application was filed with a prayer for condonation of delay - In second application, a prayer for setting aside..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Substitution of heirs - Second appeal - Permissibility - During pendency of present appeal, when appellants came to know through counsel of respondents that respondent No.1 has died, steps have been taken and the substitution application has been filed - Held, Court is of the view that at the stage of second appeal also,..........
Civil Procedure Code, 1908, Section 100A, Order 22, Rule 9 -- Abatement of Suit - Dismissed - Bar to further Appeal - Intra-Court appeal is not maintainable as no further intra-court appeal lies against order passed in first appeal in view of amendment made in CPC - Hence, appeal to Division Bench is barred...........
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5 -- Suit for specific performance - Condonation of delay in filing substitution application - Substantial amount given as advance money - Held, there is no question of any malafide or delay in such matters i.e. a suit relating to specific performance of contract to sell where a substantial amount..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of appeal - Declaratory suit for co-ownership right in joint property - Some legal heirs of deceased plaintiff not substituted - Share of each of plaintiff neither separable nor distinct - Held, due to non substitution of some of plaintiff, appeal would abate in toto for simple reason that appeal is a continuity of..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of appeal - Suit for partition - Two defendants died during pendency of appeal - Failure to bring their L.R. on record - Effect thereof - Held, appeal would abate in its entirely - Judgment and decree of trial Court survives...........
Civil Procedure Code, 1908, Order 22, Rule 4,9 -- Suit for specific performance - Abatement of - Sole defendant died during pendency of suit - Plaintiff/appellant filed application U.O.22.Rr.4 & 9 alongwith application u/s 5 of Limitation Act about four years later despite knowledge of death of deceased defendant - Contention that application for bringing LRs on record..........
Civil Procedure Code, 1908, Order 22, Rule 4(3) -- Substitution of LR's - Plaintiff filed application within period of 90 days from death of defendant - LR sought to be substituted filed reply without mentioning the date of death of original defendant - Abatement of suit sought by LR relying upon statement of some third person regarding date of death of original plaintiff..........
Civil Procedure Code, 1908, Section 92 -- Suit instituted u/s 92 CPC with leave of Court - Suit does not abate when sole plaintiff or all plaintiffs opted out or died - This by itself cannot put an end to the suit by abatement or otherwise as public interest is involved - It is not a suit prosecuted by individuals for establishing individual rights...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement- Once suit filed was dismissed as abated, subsequent suit by legal heirs of earlier plaintiff for same relief is not maintainable...........
