Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 9, 3 -- Condonation of delay - Abatement of suit - Partition suit - Delay was occasioned due to petitioners being unaware of pendency of suit - Explanation offered by petitioners is plausible and ought to have been accepted by trial Court - In a suit for partition, it is in the interest of all..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of suit - Non-substitution of LRs - Before declaring a suit or proceeding to have abated on ground of non-substitution of heirs/LRs of a deceased party, Court must examine whether interest of deceased party qua subject matter of proceeding is sufficiently represented by other parties already on record - If..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of appeal - Appeal does not automatically abate due to non-substitution of LRs of deceased party if estate of deceased is sufficiently represented on record...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of revision - Non-substitution of LRs of respondent No.2 - Merely because legal heirs of one of respondents was not impleaded within time after death of that respondent and revision stood abated qua him, revision cannot abate against other respondents - Revision petition restored...........
Civil Procedure Code, 1908, Order 22 -- Substitution of LRs - Not filing separate application for setting aside abatement will not be fatal and prayer for setting aside abatement is implicit in application for substitution...........
Civil Procedure Code, 1908, Order 22, Rule 6 -- Abatement of suit - Death of party between conclusion of hearing and pronouncement of judgment - If a party expires between conclusion of hearing and pronouncement of judgment, same does not result in abatement of such proceedings and judgment on being pronounced, would have the same force and effect as if it had been..........
Constitution of India, 1950, Article 226 -- Writ petition against dead person - Provisions of O.22 CPC do not apply to writ proceedings, consequences of it would be that there would be no automatic abatement of a writ proceedings - But writ proceedings cannot continue against a dead person...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9(2), Limitation Act, 1963, Section 5 -- Impleadment of L.R's - Non substitution - Abatement of appeal - Application for impleadment filed without accompanied by an application for condonation of delay - Nearly two months later application filed U.O.22.R.9(2) r/w S.5 Limitation Act - This sequence of filings, devoid of timely..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Non-substitution of LRs of deceased defendant - Where there is no need of moving a substitution application of bringing on record heirs and LRs of a defendant who had not filed his written statement or contested the suit, suit cannot abate for non-bringing of LRs of defendant...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Exemption from substitution of LRs - Plaintiff already filed an application for substitution of LRs of defendant - Subsequent application filed by plaintiff seeking exemption from substituting heirs of deceased defendant not required to be filed within 90 days of death - There cannot be any abatement in..........
