Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representative - Substitution of - Validity - `P' filed a suit for declaration claiming 1/4th share in property left by her father - She died during pendency of suit and succeeded by her husband `R', who moved an application for impleading/substituting him in place of her, being her husband - Application was allowed -..........
Civil Procedure Code, 1908, Order 22, Supreme Court Rules, 1966, Order 16 -- SLP - Filed against a dead person - Provision of impleading L.R's applies only when a party dies during the pendency of petition and not when a petition is filed against a dead person - Court in the interest of justice can allow application for amendment of petition and condone the delay in filing..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4 -- Impleadment - Suo motto exercise of power by Court - Parties are locked in horns fighting bitterly - Held, Court suo motu directed impleadment to ensure that the case is not knocked off on a needless technical plea - Indeed the rules of procedure applicable in Courts of Punjab and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 21, 22, 61 & 85 NDPS Act - Recovery of large number of tablets containing narcotic substance - Tendency and frequency of selling Narcotic Drugs and making easy money and spoiling the basic fabric of society is increasing day by day..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement - Non-Subsitution of LR's - Even if application for impleading legal representatives of a deceased plaintiff or a deceased defendant is not made, suit shall not abate and notwithstanding the death, suit may be decided and the judgment shall have the same effect as if it had been pronounced before the death took..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25 -- Bail - Recovery of 15000 tablets of Diatil and 1120 Tablets of Alprazolam from accused - Tendency and frequency of selling of narcotic drugs, in order to earn easy money and spoiling the basic fabric of our society in Punjab has been tremendously increasing..........
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 6, Rule 17, Specific Relief Act, 1963, Section 22(5) -- Plaint - Amendment - Suit for specific performance - Amendment of plaint sought to claim alternative relief of refund of sale consideration paid in advance - Amendment of plaint to seek alternative relief can be allowed at any stage of the proceedings to which provisions of Limitation..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of party in execution - Purchaser of property - Sale of property by one of the decree holders after his right was determined upto High Court - Impleadment sought during pendency of suit is quite different as property cannot be alienated without permission of Court as..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Death of one of the appellants - Other appellants having distinct, separate and independent right of their own even when there was one joint decree passed in their favour - Decree passed has to be viewed as combination of several decrees in favour of one or the other party and not as joint decree - Death of one appellant..........
