Civil Procedure Code, 1908, Order 22, Rule 4, 9 -..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Non-substitution of legal heirs - Abatement - Neither any application for setting aside the abatement was submitted by heirs of the sole plaintiff nor any application to condone the delay has been submitted - Trial Court below straightway permitted the heirs of original plaintiff to be brought on record - Held, unless and..........
Civil Procedure Code, 1908, Order 22, Rule 4,9 -- Suit for specific performance - Abatement of - Sole defendant died during pendency of suit - Plaintiff/appellant filed application U.O.22.Rr.4 & 9 alongwith application u/s 5 of Limitation Act about four years later despite knowledge of death of deceased defendant - Contention that application for bringing LRs on record..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Legal heirs - Suit for partition - Preliminary decree passed wherein it was held that mother and brother of defendant had no right, title and interest in the suit property - Final decree proceedings based on the right declared in preliminary decree - As right of mother was negated in the preliminary decree, non..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Substitution of legal heirs - Suit for partition - Mother and brother of appellants arrayed as co-defendants as they also claimed their share - Suit decreed and preliminary decree passed holding that mother and brother of appellant have no right title and interest in suit properly - Final decree prepared on basis of..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Impleading of L.R's - Delay - Condonation - Non impleadment of L.R's for more than one year inspite of knowledge of death of respondents - Reason stated to be busy in filing SLP's in Supreme Court because of time bound cases - Held, it is not sufficient reason in law for condonation of..........
Civil Procedure Code, 1908, Section 2(2), Order 1, Rule 9, Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree - Binding nature on a legal representative not impleaded - Ordinarily a decree is not binding upon a legal heir who is not impleaded but some of the exceptions are : when estate of deceased was sufficiently represented or when plaintiff had impleaded all the..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, 11, Limitation Act, 1963, Section 5 -- L.R's - Impleading of - Delay of six years - Setting aside abatement and condonation of delay - Applicants residents of rural area and not knowing that L.R's have to be brought on record within certain time - Rules of procedure are designed to advance justice and should be so..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Abatement of appeal on death of one of other party - Whether partial or total - Depends on nature of decree obtained - Decree joint and separable, appeal not abate quo remaining parties - Decree joint and inseparable, appeal abates quo remaining parties as well - Sardar Amarjit's case, (2003) 3 SCC 272 relied...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Partial abatement of appeal - Gift deed giving distinct and separate share by metes and bounds to daughters - Revoked - Amount given in lieu of gift of plots - One of the daughter died during pendency of appeal - Application for impleading LR's declined - Appeal abated qua her only - Each daughter had distinct and separate..........
