Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of a party - Death of petitioner no.10 - Wife of deceased/petitioner no.10 sought to be substituted by their counsel - Though, there are some technical defects in application for substitution, however, since counsel for petitioners herself is representing all petitioners, wife of petitioner no.10 directed to be..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Death of one of plaintiffs - Where all the plaintiffs filed a common suit having similar but independent cause, suit would not abate as a whole in case of death of one of plaintiffs...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of LR's - Death of plaintiff - Appellant made contradictory averments as one time he claimed himself to be adopted son of deceased plaintiff and later his brother - Contents of application also reflects that it is not applicant alone who could claim himself to be sole LR inasmuch as he is third son of plaintiff,..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Abatement of suit - Death of one of plaintiffs - Non-substitution of LRs of deceased plaintiff - Suit was filed by three plaintiffs seeking cancellation of Will - One of plaintiff died and even if LRs of said plaintiff are not taken on record, suit as a whole cannot abate - More so, if abatement takes place qua deceased..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 10A -- Abatement of proceedings - Proceedings before Land Tribunal - Death of respondent no.6 - Application for substitution of LRs of respondent no.6 though filed belatedly but was allowed - Land Reforms Act is a beneficiary legislature and application cannot be rejected on technicality - In fact if any proceeding abates,..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Non-impleadment of LRs of deceased plaintiff No.3 - Suit filed for bare injunction on the ground that plaintiffs are joint owners of property - Interest of plaintiff No.3 is therefore, sufficiently taken care by other plaintiffs and he is sufficiently represented by other plaintiffs - There is thus, no..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Death of one of plaintiffs - Non-impleadment of LRs of deceased plaintiff - When right to sue survives, there is no question of abatement of entire suit/appeal on the ground of no, impleadment of legal heir of deceased plaintiff...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Petitioners who claiming themselves to be legal heirs/legal representative of deceased plaintiff, could not prove his death - Even death certificate of deceased filed by petitioners is forged - Petitioners thus, not entitled for any relief - Application for substitution held,..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3, 9 -- Death of one of plaintiffs - Substitution of LRs - Delay in taking LRs on record is undisputed - However, once the matter was brought to knowledge of petitioner, thereafter Presiding Officer was unavailable on three consecutive dates and on fourth date, application for substitution of LRs was moved - Even..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- L.R's - Court must apply mind as to whether right to sue survives or not and whether person claiming to be legal representative of deceased plaintiff is indeed his legal representative...........
