Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of L.R's - No particular format is prescribed - Only requirement is that application must be in writing and should be in language of Court supported by an Affidavit - However, non filing of an affidavit is a curable irregularity...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Death of defendant - Exemption from substitution of LRs - Ex parte order was passed against defendant - O.22.R.4(4) CPC covers even a defendant who had been declared ex parte - Plaintiff thus, exempted from necessity of substituting legal heir of defendant...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Non-substitution of all the LRs of defendant No.3 - When estate/interest was being fully and substantially represented in the suit jointly by other defendants and when they are also LRs of deceased defendant, suit cannot abate by reason of non-impleadment of all LRs of deceased defendant...........
Civil Procedure Code, 1908, Order 22, Rule 4, 10A -- Substitution of LRs - Limitation - Law as to: (i) limitation for substitution of LRs of a deceased plaintiff/defendant commences from the date of death and not from date of knowledge; (ii) abatement on non-filing of an application for substitution of LRs within prescribed limitation is automatic and; (iii) provision of..........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - Death of proprietor - Substitution of legal heirs - Legal heirs of proprietor are entitled to prosecute the litigation in the event of death of proprietor of a proprietary concern - Application rightly allowed...........
Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 30, Rule 4 -- Suit by partnership firm - Death of one out of two partners during pendency of appeal - L.R's of deceased partner applied for their impleadment in substitution of deceased partner - There was no reason to decline such a prayer when application was moved in time without any other..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Death of one `N' during pendency of suit - During pending of application for substitution `I' one of the L.R's of `N' died - Limitation to file application for substitution of L.R's of `I' will start to run from the day when application for substitution of L.R's of `N' was allowed...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 11 -- Substitution of LRs - Legal Representative brought on record in an appeal filed against order refusing to grant temporary injunction - Such impleadment will enure towards the proceedings in the suit itself...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of witness to further cross examine lawful attorney of Bank - Once Court had already allowed the application for substitution of attorney in place of previous attorney then question of complaint not having been filed by a lawful attorney and that..........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Substitution of legal heir - Death of plaintiff - Appellant is admittedly son of deceased plaintiff - Thus, his entitlement whether by way of testamentary succession or non-testamentary succession as being legal heir of deceased plaintiff cannot be denied - Moreover, if any inquiry was required to be made, trial Court..........
