Civil Procedure Code, 1908, Order 43, Rule 1(k), Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Refusal to set aside - Same challenged in appeal - Pending appeal suit also dismissed as abated - Not necessary to challenge judgment in suit in appeal...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section , Order 22, Rule 4, Limitation Act, 1963, Section 21(1) -- Suit against dead person - Bonafide Mistake - Suit for declaration - Correction of error - Process serving agency reported death of one of the defendant - Application under O22 R 4 read with O1 R10 impleading LR's of deceased..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representative - Adopted son seeking to be substituted as LR - While deciding application U.O.22.R.5, issue cannot be framed as to whether requirements of Ss.7 and 8 of Hindu Adoption and Maintenance Act, 1956 had been complied with or not - Status of applicant as an adopted son cannot be looked into and is irrelevant..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Determination of question as to legal representative - Plaintiff died - On application for impleading as LRs the Trial Court held respondent as LR of deceased - Order not challenged, attained finality - Cannot be re-opened in appeal - Question as to who is LR of a party to suit is required to be determined in terms of O. 22..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Abatement of suit - Setting aside - Death of some plaintiffs - Failure of L.R's to come on record - Their interest not adverse to surviving plaintiffs and their estate was represented by surviving plaintiff's - Surviving plaintiffs could not be deprived of their right to seek declaration nor their claim could be held to..........
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 21 -- Suit against dead person - Defect can be cured by addition of L.R's U.O.22 or U.O.1.R.10 CPC - However, suit against newly added defendants ought to be within time as on the date of their addition...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Non impleadment of L.R's - Suit for declaration, injunction for removal of obstruction in enjoyment of right of way and use of door - Death of one of six plaintiffs - L.R's not impleaded - Abatement of suit qua deceased plaintiff does not abate suit qua other plaintiffs - Right to sue survives and other plaintiffs have every..........
Civil Procedure Code, 1908, Section (2), Order 22, Rule 2, 3 -- L.R's not impleaded - Abatement of suit - Takes place in its own force by passage of time - No specific order for abatement is envisaged - Order recording dismissal of suit as abated or its dismissal in its own force by passage of time is not a decree...........
Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 9 -- Right of easement - Six plaintiffs - Death of one - L.R's not impleaded - Abatement of suit qua one plaintiff - Suit does not abate qua other plaintiffs as right to sue survives - Right of easement or easement of necessity is an independent and separate right and every individual..........
Civil Procedure Code, 1908, Order 1, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 1, Evidence Act, 1872, Section 108 -- Plaintiff missing subsequent to the institution of suit - Wife seeking permission to prosecute suit - Suit for declaration of title and injunction in respect of joint family property - If applicant is not allowed to come on record and suit is..........
