Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5, Article 120, 121 -- Abatement - Setting aside - If an application for setting aside the abatement is made within 150 days of the date of death, there is no need to file an application under section 5 of the Limitation Act to condone the delay as no delay as such occurs in view of Arts.120 & 121..........
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...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Different yardsticks to be applied while considering application to condone delay in filing an appeal and delay in filing application to set aside abatement...........
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 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 22, Rule 1 -- Abatement of suit - One of the performa defendant proceeded ex-parte - Died during pendancy of suit - Trial Court dismissed the application for impleading LR's being time barred - Appellate Court affirmed the findings of Trial Court - Suit abated - Deceased defendant was neither in possession nor had any interest in suit land..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, 11, Limitation Act, 1963, Section 5 -- L.R's - Impleading of - Delay of six years - Setting aside abatement and condonation of delay - Applicants residents of rural area and not knowing that L.R's have to be brought on record within certain time - Rules of procedure are designed to advance justice and should be so..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Separate application - In application for setting aside abatement prayer for condoning delay is sufficient - Relief of condoning delay cannot be declined merely on the ground that a separate application for condoning delay is not filed...........
