Civil Procedure Code, 1908, Order 22, Rule 9 -- When sufficient cause is shown abatement of suit can be set aside-notice a must to the parties who are to be impleaded as legal representatives who have legal right to object and of hearing before impleading any one as legal representative...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Appeal - On the abatement of an appeal against one respondent the Court can not proceed with the appeal against the other respondents (1) if the success of the appeal would lead to contradictory decisions with respect to the same subject-matter, (2) if the appellant could have brought the action against the remaining..........
Civil Procedure Code, 1908, Section 144 -- Purpose of restitution proceedings - Held, that once the suit has abated under law, the effect will be that everything done by the Court in that suit will have to be reversed and the parties will have to be put back to the same position in which they were on the date of the institution of the suit. The purpose of S.144 CPC is..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, Civil Procedure Code, 1908, Order 20, Rule 18(2) -- In a suit for partition requiring a preliminary decree and a final decree there can be no abatement of the suit on account of the death of a party after the preliminary decree and before the passing of the final decree...........
Civil Procedure Code, 1908, Section 144, Order 22, Rule 12 - - By virtue of O.22.R.12 CPC the doctrine of abatement has no application to execution proceedings - The prohibition in O.22.R.12 CPC has no application to appeals against orders passed in execution proceedings - An application for restitution under section 144 CPC is an application for execution...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Defendant s application under Order 22 Rule 3 to dismiss the suit as abated because legal representatives of one of the plaintiffs who had died were not brought on record within time - Replication by plaintiffs praying for bringing legal representatives of decease i plaintiff on record - Whether can be treated as an..........
Civil Procedure Code, 1908, Order 22, Rule 4, 11 -- Abatement - Death of one respondent - Legal representatives not brought on record - Cause of action capable of being separated against deceased party - Appeal abates only qua deceased and not in its entirety. Where the interests of the various defendants, who are in possession of various properties, are independent, the..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 11 -- Abatement of proceedings - After death of original party to suit his legal representatives duly and validly brought on record - Death of one of the legal representatives - Failure to implead the legal representatives of the deceased legal representative - Estate of original party fully represented by remaining legal..........
Civil Procedure Code, 1908, Order 22, Rule 10-A -- Defendant filing appeal - One plaintiff died during pendency of appeal - Counsel for plaintiff not following mandatory provision of O.22.R.10-A - L.R's not brought on record - Appeal allowed on merits - Surviving plaintiff filing second appeal - Objection raised that defendant's appeal had abated before lower appellate..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of appeal or suit - Appeal or suit continues to be on file until orders are passed by Court even though abatement had taken place...........
