Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Condonation of delay - In construing `sufficient cause' vis-a-vis an application U.O.22.R.9 CPC, strict and pedantic approach not desirable and Courts are expected to make sincere endeavour to allow condonation of delay in the interest of justice and fair play...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of appeal - Condonation of delay - Death of plaintiff - Plaintiff being trustee of suit property filed suit though not instituted in the name of trust - But suit property is allegedly shown in the name of Trust - Applicant claiming himself to be authorized or working Trustee of suit property - Application by..........
Prevention of Corruption Act, 1988, Section 13, Indian Penal Code, 1860, Section 109 -- Offence u/s 13 of P.C. Act against public servant and u/s 109 IPC against non public servant - All accused discharged - During pendency of revision, main accused died - Revision dismissed by holding that death of main accused has resulted in abatement of trial - Held, death of main..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Abatement of appeal - Non-substitution of LRs - Death of sole plaintiff - Application for substitution of LRs of deceased plaintiff filed belatedly on account of ill-advice of counsel - Liberal approach has to be adopted by trial Court while considering application - However, Court rejected application by adopting hyper..........
Civil Procedure Code, 1908, Order 22, Rule 9(1) -- Death of plaintiff - Non-substitution of LRs - Abatement of suit - Application for substitution filed after lapse of 5 years - Said application was dismissed - However, liberty was given to LRs to file suit afresh - By the time application for substitution filed, suit abated - Fresh suit on same cause of action barred..........
Criminal Procedure Code, 1973, Section 394 -- Abatement of appeal - Death of appellant - Application u/s 394 Proviso Cr.P.C. not filed by any of near relatives of appellate within 30 days of death of appellant for leave to continue appeal - Appeal held, abated...........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Death of plaintiff during pendency of appeal - Question of substitution of LRs of deceased and abatement of suit/appeal for want of consequential steps has to be decided by that very Court where at the time of death of such party lis was pending...........
Civil Procedure Code, 1908, Order 22, Rule 2, 3 -- Abatement of appeal - Non-substitution of Legal heirs of one of plaintiff - Interest of other appellants surviving - Appeal does not abate as a whole - Court below to hear appeal on merit as far as other appellants are concerned and adjudicate the matter on merits...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of appeal - Death of sole plaintiff and two defendants during pendency of appeal - No steps taken by any of LRs representing dead persons - Appeal abates on expiry of statutory period of 90 days...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 9 -- L.R's - Non impleadment within statutory period of 90 days - Appeal abates - Appeal can be revived for hearing when L.R's of deceased person files an application for substitution and for setting aside abatement and making out a sufficient cause for setting aside abatement by filing an application u/s 5 of Limitation Act..........
