Civil Procedure Code, 1908, Section 2(ii), Order 22, Rule 3 -- Procedure for Substitution of Legal Representatives of deceased party - When party to proceeding dies, note to be made to that effect against said party and Legal Representatives should be brought on record as per R.37 of General Rules (Civil) - In no case name of deceased party shall be deleted or removed or..........
Civil Procedure Code, 1908, Order 22, Rule 4A -- Recovery suit against unknown heir of deceased - Defendant died prior to institution of suit - Plaintiff stated that deceased was her family friend - No reason why she could not give names of his heirs - Suit filed against unknown heirs of deceased - Not maintainable - Leave craved by plaintiff for taking out fresh summons..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Impleadment as a party - There is no absolute rule that the transferee pendente lite without leave of the court should in all cases be allowed to join and contest the pending suits...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Impleadment as a party - Purchase of property during pendency of suit without leave of Court - Transferee should ordinarily be joined as party to enable him to protect his interest - However, in the instant..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading of a party - Applicant purchased a part of suit property during pendency of suit - Not a necessary party - Cannot be impleaded as a party to the suit - However applicant allowed to defend the suit on behalf of its vendors as he had purchased a part of suit of property..........
Civil Procedure Code, 1908, Order 22, Rule 9, 3, 4 -- Setting aside of abatement of suit - Prayer for setting aside abatement as regard one of the plaintiffs - Can be construed as a prayer for setting aside abatement of suit in its entirety - Opinion of trial Judge allowing prayer for setting aside abatement and his finding on `sufficient cause' for condonation of delay..........
Civil Procedure Code, 1908, Order 22, Rule 9, 3, 4 -- Provision of abatement - To be construed strictly - Prayer for setting aside abatement and dismissal consequent upon abatement - To be considered liberally - Simple prayer for bringing legal representatives on record without specifically praying for setting aside of abatement - To be construed as a prayer for setting..........
Civil Procedure Code, 1908, Order 22, Rule 9, 3, 4 -- Legal representatives brought on record at any stage of the proceedings - Enures for the benefit of entire proceedings - Prayer made in appeal for bringing on record legal representatives once allowed - Would have the effect of bringing legal representatives on record not only in the appeal but also in the suit - All..........
Civil Procedure Code, 1908, Order 22, Rule 9, 3, 4 -- Abatement of suit for failure to move application for bringing legal representatives on record within prescribed period of limitation - Automatic - Specific order dismissing suit as abated - Not called for - Once suit has abated as a matter of law, though there may not have been passed on record a specific order..........
Civil Procedure Code, 1908, Order 22, Rule 9, 3, 4 -- Litigant ought not to be denied opportunity of having a Us determined on merits unless he has, by gross negligence, deliberate inaction or something akin to misconduct, disentitled himself from seeking indulgence of Court - For a period of ninety days from the date of death of any party^Suit remains in a state of..........
