Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- L.R's - Impleading of L.R's - Non impleadment - Abatement - Setting aside abatement - S.5 Limitation Act applies to an application filed U.O.22.R.9 CPC - An application for setting aside abatement has to be treated at par and the principles enunciated for condonation of delay under Section 5..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 9 -- Delay - Condonation - Sufficient cause - To be construed liberally so as to advance substantial justice, when the delay is not on account any dilatory tactics, want of bona fides, deliberate inaction or negligence on the part of the appellant; (ii) In considering the reasons for condonation of..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading of a party - Purchase of property during pendency of suit despite order of status quo - Property purchased without leave of Court - Order rejecting application for impleadment of transferee pendente lite, upheld...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Setting aside abatement - Ex parte order - Setting aside of - No notice of appeal was sent to respondents despite the fact that order of their substitution had been passed ex parte - Held, that by itself is not a ground for setting aside the judgment of first Appellate Court because a brother of deceased, who was joint owner..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Impleading of L.R's - Delay - Condonation - Non impleadment of L.R's for more than one year inspite of knowledge of death of respondents - Reason stated to be busy in filing SLP's in Supreme Court because of time bound cases - Held, it is not sufficient reason in law for condonation of..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Purchaser during pendency of partition suit - It is discretion of Court to allow purchaser to be impleaded as a party - Purchaser allowed to be impleaded as a party - Purchaser already gave an undertaking that he will rely upon the written statement filed by seller and that he will not pray for new issues to be framed and..........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Object - J.D. can raise objection to the executability and validity of the decree within the four corners of the Code...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- L.R's - Claim for impleadment by natural heir and by the other on the basis of Will - Will already under challenge - Natural heir ordered to be substituted subject to decision of suit wherein Will is under challenge...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Death of respondent during pendency of appeal - Non impleadment of L.R's - Abatement of appeal - Setting aside abatement - Where a respondent dies during the pendency of appeal, at a time when appeal has been pending for several years without being listed for hearing, the Court should take a lenient view in considering the..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representative - Allowing a person to pursue the suit on behalf of the deceased without determining the question as to whether he is the legal representative of the deceased or not, is not permissible - The question whether such person is or is not legal representative of the deceased had to be determined first..........
