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..........
Legal Services Authorities Act, 1987, Section 2(1)(aaa), 19(5), 22, Criminal Procedure Code, 1973, Section 320(2) -- Lok Adalat - Whether a court or not? - Held, Lok Adalat is not a court as referred to in S.320(2) Cr.P.C. which deals with powers of court in according permission for compounding the offence by persons mentioned in column No.3 of the table appended thereto...........
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 22 -- Suit for specific performance and possession of agreement for sale - In case property is in possession of a third party then that third party is a necessary and proper party...........
Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Land Revenue Act, 1887, Section 20, 21, 22 -- Exparte decree - Setting side - Suit for partition - Defendant residing in USA for the last more than 25 years - Defendant was never served with any notice although plaintiff had full knowledge of his correct address - Application U.O.9.R.13 CPC to set aside exparte decree -..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Can be filed within a period of one month from date of service of notice of day fixed for hearing of appeal or within such time as allowed by Court...........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3, 9, Limitation Act, 1963, Section 5 -- L.R's not brought on record within time - Application U.O.22.R.9 not filed - Instead application U.O.22.R.3 and a separate application u/s 5 Limitation Act filed - Held, such technical objections should not come in doing full and complete justice between the parties -..........
Civil Procedure Code, 1908, Section 2(2), Order 1, Rule 9, Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree - Binding nature on a legal representative not impleaded - Ordinarily a decree is not binding upon a legal heir who is not impleaded but some of the exceptions are : when estate of deceased was sufficiently represented or when plaintiff had impleaded all the..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22, 23 -- Execution - Order to proceed with attachment - Order can only be passed when either objection are not filed or objections are decided - When Court orders attachment then stage to file objections comes to an end - Once the Court decides to proceed with attachment then objections to execution cannot be filed..........
