Civil Procedure Code, 1908, Order 22, Rule 2 -- Encroachment of public property - Suit for mandatory injunction - Death of one of the defendants during pendency of suit - Surviving defendant, held, is not competent to question judgment on behalf of a deceased one...........
Divorce Act, 1869, Section 10, Protection of Women from Domestic Violence Act, 2005, Section 31, 32, 19, 20, 21, 22, Civil Procedure Code, 1908, Order 39, Rule 2-A -- Wife filed petition for divorce - During pendency of petition, wife sought protection under Section 18 to 22 of Domestic Violence Act - Family court granted protection - Breach of protection order by husband..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Legal representative - Cannot take a plea which is inconsistent or contrary to the plea taken by the deceased defendant - Any such person may make any defence appropriate to his character as legal representative of the deceased and not more than that...........
Specific Relief Act, 1963, Section 22(2), 16(c), Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - suit for specific performance - In a suit for specific performance ingredients of S.16(c) Specific Relief Act must be satisfied - Suit decided without dealing with the matter raised in the suit - Failure to prove execution of agreement - 16 co-owners not..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant during pendency of suit - It is duty of the L.R's of deceased to come on record of their own and contest the suit...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- L.R's - Impleading - A defendant already on record cannot seek impleading himself as legal representative of another deceased defendant - No prejudice shall be caused if he is not described as L.R as he can always set up his right to the property/share of deceased defendant on the basis of Will in his favour...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleading of L.R's - Enquiry for determination of L.R's - Enquiry is summary in nature and is for a limited purpose to carry on the proceedings on behalf of the deceased...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Legal representatives - Can urge all contentions which the deceased could have urged except only those which were personal to the deceased - Legal representatives can set up their own independent title...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Suit for partition of Joint Hindu Family property - Death of sole plaintiff - Right to sue survives - Legal representative of deceased plaintiff is entitled to continue the suit...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Eviction petition - Impleading L.R's of deceased landlord - A person coming on the basis of Will has to be impleaded as a party alongwith natural heirs without deciding the genuineness of Will - In case an eviction order is passed the same will be subject to grant of probate in his favour - In the event Will is found to be..........
