Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 10 -- Death of plaintiff - L.R's not brought on record within time - Suit abated - Application for transposition of parties cannot be entertained after the suit had abated...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Suit dismissed by trial Court - Respondents in Appellate Court were only challenging the adverse finding on remaining two issues against them by trial Court - Respondents have to file cross objections to the decree if they want any particular relief in their favour from Appellate Court...........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Purpose of - Impleadment of Legal Representatives - Ejectment Petition - Landlord died - Registered will in favour of grandsons - Impleaded LR's - Another son of landlord claiming himself as the person entitled to continue with ejectment petition. Held - Legal representatives are impleaded to continue with the lis. Interse..........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 8, Rule 1 -- Legal Representatives when impleaded are entitled to file additional written statement to take up the pleas available to them...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Purchaser lis pendence without leave of the Court - Not a bonafide purchaser - Has no locus standi to file an application for setting aside the order and to become a party in the appeal as by that time, not only the appeal was..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - A prayer for bringing the legal representatives on record, if allowed, would have the effect of setting aside the abatement as the relief of setting aside abatement though not asked for in so many words is in effect being actually asked for and is necessarily implied...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - A simple prayer for bringing the legal representatives on record without specifically praying for setting aside of an abatement may in substance be construed as a prayer for setting aside the abatement...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Prayer for setting aside abatement as regards one of the plaintiffs can be construed as a prayer for setting aside the abatement of the suit in its entirety...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Failure to file application within time to implead L.R's - Abatement of suit is automatic and a specific order dismissing suit as abated is not called for...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Suit once abated though no specific order passed to that effect then L.R's proposing to be brought on record or any other applicant proposing to bring the legal representatives of the deceased party on record would seek the setting aside of an abatement...........
