Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Abatement of suit - Death of plaintiff - When no application U.O.23.R.3(1) CPC filed for substitution of Lrs within time limited by law, suit shall abate as against deceased plaintiff and judgment may be pronounced notwithstanding his death, which shall have same effect as if it is pronounced before death took place and..........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Abatement of suit - Death of plaintiff - Plaintiff died during pendency of appeal - No one has come forward to bring his LRs on record - Suit shall abate against deceased plaintiff and judgment may be pronounced notwithstanding his death - Suit filed by deceased plaintiff shall stand decreed...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Abatement of suit - Death of one of defendants - When there are more than one defendants, entire suit cannot be held to be abated on the death of one of defendants, as right to sue survives against other defendants - Power of exemption is available to Courts U.O.22.R.4(4) CPC...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Death of party - Substitution of Lrs - Where a party dies in a pending suit/appeal and judgment/decree is passed in ignorance to such death, question of substitution of his/her legal heirs and setting aside the abatement, if any can only be considered by Court before whom suit/appeal was pending at that time...........
Civil Procedure Code, 1908, Order 22, Rule 6 -- Death of defendant after filing of written arguments and before pronouncement of judgment - Death of defendant would not have effect of abatement of proceedings...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Non-substitution of all the LRs of defendant No.3 - When estate/interest was being fully and substantially represented in the suit jointly by other defendants and when they are also LRs of deceased defendant, suit cannot abate by reason of non-impleadment of all LRs of deceased defendant...........
Civil Procedure Code, 1908, Order 22, Rule 4, 10A -- Substitution of LRs - Limitation - Law as to: (i) limitation for substitution of LRs of a deceased plaintiff/defendant commences from the date of death and not from date of knowledge; (ii) abatement on non-filing of an application for substitution of LRs within prescribed limitation is automatic and; (iii) provision of..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Death of one `N' during pendency of suit - During pending of application for substitution `I' one of the L.R's of `N' died - Limitation to file application for substitution of L.R's of `I' will start to run from the day when application for substitution of L.R's of `N' was allowed...........
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4, 8 -- Execution - Provisions of O.22.Rr.3,4 & 8 CPC do not apply to execution proceedings - If after filing of execution petition in time, either D.H. or J.D. dies and his legal representatives are not brought on record then there is no abatement of execution petition and execution petition remains pending - If no time..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of second appeal - When two plaintiffs joined together and secured a decree of declaration and possession of an immovable property, death of one of decree holder will not make second appeal abate, as against surviving successful plaintiff, cause of action survived - Abatement occurs only when cause of action does..........
