Civil Procedure Code, 1908, Section 47 -- Decree passed against a dead person is a "nullity"...........
Civil Procedure Code, 1908, Section 47, Order 22, Rule 3, 4 -- Non substitution of L.R's within statutory period - Appeal abates - Decree passed thereafter - Decree passed against dead person - Decree is a nullity - However, it's validity can be questioned in any proceedings including execution proceedings or even in collateral proceedings, whenever such decree is sought..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Non substitution of L.R's within statutory period - Appeal abates - Decree passed thereafter - Decree passed by Court for or against a dead person is a "nullity" as defect of this nature affects the very authority of Court in passing such decree and goes to the root of the case...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- L.R's - On death of a party to appeal, if no application is made by the party concerned to the appeal or by legal representatives of the deceased on whom the right to sue devolves for substitution of their names in place of deceased party within 90 days from the date of death of the party, such appeal abates automatically on..........
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..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution of preliminary decree for partition - Limitation - Execution sought after 30 years of passing of preliminary decree - Till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partition as per preliminary decree - Even when application is filed..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution of preliminary decree for partition - In case parties had affected partition by metes and bounds as per the preliminary decree, it is not necessary to undertake final decree proceedings - However, in the instant case, it is not found to be established that parties have worked out their rights by mutual agreement,..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Non-framing of issue - Lower Appellate Court not justified in setting aside the judgment of Court of first instance without setting aside findings recorded by it - Direction issued by Lower Appellate Court while remanding the matter to frame issue is also erroneous, as neither defendants being raised the question..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Acquisition proceedings - Earlier writ petition regarding notification under Land Acquisition Act dismissed on merits by duly assigned reasons - Subsequent writ petition with respect to same notification not maintainable being barred by res judicata though new ground regarding lapse of proceedings was taken, as it..........
