Hindu Succession Act, 1956, Section 22, Civil Procedure Code, 1908, Order 1, Rule 9 -- Preferential right to acquire property - Necessary parties - Property devolving upon more than two Class I heirs - Any one proposing to transfer - Preferential right to acquire is available to all other Class I legal heirs - All class I heirs are necessary parties in case of a suit for..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Withdrawal of suit - Restoration thereof - Legality of - Counsel, who made statement for withdrawal of suit, was counsel for LRs of plaintiff No.1 only and was not counsel for plaintiffs No.2 and 3 - Trial Court dismissed suit as withdrawn qua all plaintiffs - Held, he had no authority to withdraw suit on behalf of plaintiffs..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application for setting aside abatement - Condonation of delay - Application filed by applicants for bringing them on record as heirs and LRs of deceased appellant after a period of 11 years - Proposed LRs No.3(a) has signed the affidavit in English - A bare perusal of Vakalatnama signed by..........
Civil Procedure Code, 1908, Order 1, Rule 9 -..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Dismissal of suit for no, prosecution - Restoration application - Condonation of delay - On 20.09.1999, Civil Court in absence of plaintiff as well as his advocate, dismissed suit for non prosecution - From 20.09.1999 the original plaintiff did not do anything till he passed away on 09.06.2004..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Application for restoration of suit with application of condonation of delay - Applications filed by legal heirs - LRs not brought on record - Maintainability - Held, application for restoration of suit dismissed for default along with an application for condonation of delay was maintainable and respondents were entitled to be..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Survey Commission - Appellate Court can also issue commission for survey...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Survey Commission - When dispute is regarding identity of property Court should issue survey commission and get the property surveyed...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Non impleadment - Once the Court comes to the conclusion that the suit is bad for non joinder of necessary parties, the suit cannot be dismissed and an opportunity has to be given to implead the said party as a party to the suit and proceed with the trial of the case according to law - The suit cannot be..........
Civil Procedure Code, 1908, Order 26, Rule 9 -..........
