Civil Procedure Code, 1908, Section 151, Order 22, Rule 4 -- Substitution of legal heirs - Whenever a suit is filed against a dead person who is the sole defendant in suit, the suit would be nullity and legal representatives of said defendant cannot be substituted with the help of O.22.R.4 R/W S.151 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4 -- Impleading/substitution of legal representatives of the person who was dead before institution of suit - Question of limitation qua newly impleaded party, when raised, has to be decided at the time of deciding application and not at the time of deciding the main case...........
Civil Procedure Code, 1908, Order 21, Rule 1, 2 -- Execution - Payment of decretal amount - Issuance of receipt - Proof of - Merely because handwriting and fingerprint expert had been produced by JD in addition to his witnesses, it cannot be said that receipt in question stood proved particularly when they did not remember the correct date of execution of receipt -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third parties as co-plaintiffs - Where substantial relief sought for is against a dead person, applicants/third parties have no locus standi or legal right for seeking an order to implead them in suit and cannot raise a plea that plaint should not be rejected U.O.7.R.11(a), (d) CPC - Third parties, held, not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Plaintiff seeking cancellation of gift settlement deed and sale deed and also injunction, even though he is not party to any document - Court below without analyzing legal and factual situation and without assigning cogent reasons rejected proposal for amendment of pleadings - Order of rejection,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - There is no legal impediment in filing appeal against ex-parte decree after filing application for setting aside ex-parte decree - Though remedies are concurrent but their scope is entirely different - The two remedies provided against ex-parte decree are in respect of two different..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of subsequent vendees - Suit for specific performance - Sale despite injunction order - Question as to whether sale was despite knowledge of injunction order and as to whether subsequent vendees are bona fide purchasers can only be decided after parties lead evidence..........
Criminal Procedure Code, 1973, Section 372 - - Brother of deceased - Right to appeal - Appellant brother of victim who allegedly died as a result of incident is in no way demonstrated to be a "legal heir" for the purpose of S.2 (wa) Cr.P.C - Appellant does not fall within the term "victim" in S.2(wa) and have no right to prefer an appeal u/s 372 proviso Cr.P.C - Held,..........
Indian Penal Code, 1860, Section 19, 20 -- Court - Meaning - Court is an institution which has power to regulate legal rights by delivery of definite judgments, and to enforce its orders by legal sanctions and if its procedure is judicial in character in such matters as the taking of evidence and the administration of oath, then it is a court...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Prior permission - Once the Circle officer himself asked investigating officer to undertake further inquiry after completing all legal formalities of court, there is no fault in directing further investigation in the matter wherein charge-sheet has already been filed and matter is pending...........
