Civil Procedure Code, 1908, Order 22, Rule 4, 9(2), Limitation Act, 1963, Section 5, Article 120 -- Death of sole defendant - L.R's to be impleaded within 90 days - Suit abates if L.R's are not impleaded within time - Limitation for setting aside abatement is 60 days from date of abatement - If application for setting aside abatement is made after 150 days from date of..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Partition suit - Appeal - Death of appellant during pendency of appeal - Defendant No.1 transposed as appellant - Stubborn attitude and conduct of petitioner - Inspite of objections raised legal representatives of deceased appellant not substituted and defendant No.1 claimed himself to be sole representative - Substitution of..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- One of the defendants died at first appellate stage - Decree of trial Court reversed in appeal - Application for substitution, condonation of delay and setting aside abatement filed in second appeal - Decree passed by lower appellate Court being against dead person set aside - Matter remitted back to first appellate Court..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Impleading of L.R's - Delay of 150 days - No separate application or prayer for setting aside the abatement filed - Held, that prayer for setting aside abatement is implicit in the prayer for substitution...........
Civil Procedure Code, 1908, Order 22, Rule 4, 10-A, Limitation Act, 1963, Section 5 -- Impleading of legal representatives - condonation of delay.Death of defendant on 6.11.1960 - application for impleading legal representatives filed on 88.1968 - death of defendant informed by widow on 20.10.1960 to one out of several branches of the Bank in the City - does not amount..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Death of one of the respondents during pendency of writ petition - Application after 6 years for bringing on record Legal Representatives of deceased respondent - Allowed and abatement set aside - Rural background of parties and poverty, ignorance and illiteracy prevailing in Country considered - Not fair to presume that..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Defendant s application under Order 22 Rule 3 to dismiss the suit as abated because legal representatives of one of the plaintiffs who had died were not brought on record within time - Replication by plaintiffs praying for bringing legal representatives of decease i plaintiff on record - Whether can be treated as an..........
