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..........
Civil Procedure Code, 1908, Order 22, Rule 4,9 -- Suit for specific performance - Abatement of - Sole defendant died during pendency of suit - Plaintiff/appellant filed application U.O.22.Rr.4 & 9 alongwith application u/s 5 of Limitation Act about four years later despite knowledge of death of deceased defendant - Contention that application for bringing LRs on record..........
Civil Procedure Code, 1908, Order 22, Rule 4(3) -- Substitution of LR's - Plaintiff filed application within period of 90 days from death of defendant - LR sought to be substituted filed reply without mentioning the date of death of original defendant - Abatement of suit sought by LR relying upon statement of some third person regarding date of death of original plaintiff..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal to grant - Legality - Suit for declaration and permanent injunction - Plaintiff sought relief of temporary injunction - Defendant opposed said relief by producing death certificate of original owner of land and contended that sale deed executed by original owner in favour of plaintiff was..........
Civil Procedure Code, 1908, Order 22, Rule 4(3) -- Civil suit - Death of defendant during pendency of suit - Suit decreed without bringing LRs on record - Validity - Held, Courts below not justified in decreeing suit against dead person without bringing his LRs on record...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Interim injunction - Grant of - Effect of abatement of suit - Held, a suit abates on expiry of ninety days - Law permits another sixty days time for setting aside abatement - Even if application is not filed within 150 days, an application can again be filed alongwith an..........
Consent decree -- Challenged - Alleged to be the result of fraud and misrepresentation - Person who suffered the consent decree used to sign but affixed thumb impressions on written statement and statement recorded in Court - In reply to interrogatories defendant stated that there were no other documents bearing his thumb impressions except the documents of the previous..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Land in disputed recorded in the name of one `B' after death of his father `K' - Petitioner did not challenge mutation entry immediately - During pendency of suit petitioner moved Revenue Court to seek his share in the property - Perusal of order passed by Revenue..........
Civil Procedure Code, 1908, Order 22, Rule 2, 4 -- Suit for injunction - Death of defendant - Substitution of legal heirs - Perusal of plaint shows that, word `agent', his men or any other person claiming through the defendant` has been used and therefore, heirs of the defendants who are sought to be substituted can very well be treated to be the agent or any other man of..........
Suit for possession -- Original plaintiffs permitted original defendant to occupy the premises out of love and affection - None of the original parties alive - Held, love and affection ceased to subsist after death of original parties - Descendants of the original defendant cannot take the benefit of magnanimity shown by the original plaintiffs to the original defendants -..........
