Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of plaintiff - All the legal heirs are not required to be served as their interest fully protected by other legal heirs already on record - The deciding factor is whether estate of deceased plaintiff was effectively represented - There is no question of total or partial abatement...........
Civil Procedure Code, 1908, Section 22, 23, 24, 25 -- Transfer of case - Law as to - Where several Courts having jurisdiction are subordinate to one appellate Court, an application for transfer may be made to such appellate Court and where such Courts are subordinate to the same High Court then application can be made to the High Court and in case two Courts are..........
Civil Procedure Code, 1908, Section 151, 22, 23, 24, 25 -- Transfer of a case - By exercising inherent powers Court cannot transfer a case as law relating to transfer is contained in Ss.22 to 25 of the Code and they are exhaustive in nature...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Substitution and impleadment of purchaser of property after passing of the decree for eviction - Courts below allowed the application - Order upheld...........
Consumer Protection Act, 1986, Section 22(2) , 26(2), Civil Procedure Code, 1908, Section 151 -- Recall of order - Inherent powers - Application for recall of orders u/s 151 C.P.C. - Held that the provisions of Section 151 CPC are not applicable under CP Act - Misc. application under Section 151 CPC held not maintainable and dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 2 -- L.R's - Failure to bring on record - Abatement of appeal - Abatement is dependent on nature of decree - In case decree is joint and indivisible then failure to substitute L.R's of party may cause abatement in entirety...........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Abatement - Partition suit - Death after passing of preliminary decree - Non impleading of L.R's - Cannot be regarded as an abatement in respect of the entire suit...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- L.R's - Non impleading - Abatement - Setting aside - Consideration for condonation of delay u/s 5 Limitation Act and setting aside of the abatement U.O.22 are entirely distinct and different - Court always liberally considers the latter...........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- L.R's - Non impleading - Abatement - Setting aside - Principles governing: (i) 'Sufficient cause' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case; (ii) In considering the..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- L.R's - Non impleadment - Abatement - Setting aside - If the following three conditions exist then Courts usually condone the delay and set aside the abatement (even though the period of delay is considerable and a valuable right might have accrued to the opposite party) - (i) The respondent had died during the period when..........
