Civil Procedure Code, 1908, Order 21, Rule 22 -- Object - J.D. can raise objection to the executability and validity of the decree within the four corners of the Code...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- L.R's - Claim for impleadment by natural heir and by the other on the basis of Will - Will already under challenge - Natural heir ordered to be substituted subject to decision of suit wherein Will is under challenge...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Death of respondent during pendency of appeal - Non impleadment of L.R's - Abatement of appeal - Setting aside abatement - Where a respondent dies during the pendency of appeal, at a time when appeal has been pending for several years without being listed for hearing, the Court should take a lenient view in considering the..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representative - Allowing a person to pursue the suit on behalf of the deceased without determining the question as to whether he is the legal representative of the deceased or not, is not permissible - The question whether such person is or is not legal representative of the deceased had to be determined first..........
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...........
