Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Death of defendant - Legal representatives - O.22 CPC stipulates the manner in which LRs of party ought to be brought - Prescribed procedure cannot be circumvented by filing application U.O.1.R.10 & u/s 151 CPC - Since no steps were taken to bring on record LRs of deceased defendant either in first appeal or in second..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3, 5 -- Death of plaintiff - Substitution of L.R's - Enquiry for determination of L.R's - Appellant claiming L.R. of deceased plaintiff - Defendant denied the same - In such case, Court has to determine the status of L.R of deceased party to suit by holding enquiry - Rejection of application and dismissal of suit as..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Death of sole defendant - LR's of deceased defendant were duly served but they did not enter appearance and were accordingly proceeded against ex-parte - Application for setting aside ex-parte decree moved by LR's within 5 days of suit being decreed ex parte - Each one of LR's was located..........
Civil Procedure Code, 1908, Order 22, Rule 4, 5 -- Legal heirs - Order allowing impleadment set aside as : (a) In the first place, the High Court should have remanded the case to the trial court by taking recourse to the provision of O.22.R.5 proviso for deciding the question as to whether applicant was the legal representative of deceased defendant No.1 and if so, in what..........
Hindu Succession Act, 1956, Section 6, Limitation Act, 1963, Section 3 -- Devolution of interest - Suit for administration and partition of estate of deceased - Limitation - Right to sue any of heirs and LR's of deceased father would accrue on the death of father - Plaintiff applied for partition more than a decade after death of his father when he learnt that defendant..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Non substitution of L.R's - Suit for partition - One of appellant died during pendency of appeal - L.R's not substituted - Appeal as a whole becomes incompetent - In a suit for partition each and every co-sharer/co-owner is in the position of plaintiff as also defendant - For an effective decision of partition suit/appeal,..........
Co-sharers -- Exclusive possession - In absence of documentary evidence, oral evidence regarding exclusive possession is not acceptable especially when suit property was inherited by plaintiff, defendant and other co-sharers equally after the death of their father...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Exclusive possession - In absence of documentary evidence, oral evidence regarding exclusive possession is not acceptable especially when suit property was inherited by plaintiff, defendant and other co-sharers equally after the death of their father - Possession of one co-sharer is considered to..........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 41, Rule 27 -- Partition suit - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - Clear admission made by plaintiff and their heir in sale deeds executed during pendency of appeal to effect that there had been partition..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant No.1 - Legal representative of deceased defendant already on record as defendant No.2 - Contention that defendant No.2 had been adopted and therefore not legal representative of deceased not proved by evidence - Order that suit did not abate, upheld...........
