Civil Procedure Code, 1908, Order 22, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 4 -- One out of two plaintiffs already dead on date of filing suit - Co-plaintiff played fraud upon Court - Suit dismissed for default - Restoration application dismissed - Held, LR's cannot be impleaded when the suit has already become final...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Counsel requested for deleting name of first defendant on being informed of his death - The effect is that decree against him has become final Any decree against legal representative of second dependant would be inconsistent - Filing of an application later is of no avail - Order 22 Rule 4(4) CPC is not applicable - SLP..........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 22, Rule 4(2) -- Minor attaining majority during pendency of suit - Minor acquired rights of tenancy - To safeguard the interest of minor he is allowed to file additional written statement...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Partition suit - Appeal - Death of appellant during pendency of appeal - Defendant No.1 transposed as appellant - Stubborn attitude and conduct of petitioner - Inspite of objections raised legal representatives of deceased appellant not substituted and defendant No.1 claimed himself to be sole representative - Substitution of..........
Civil Procedure Code, 1908, Order 22, Rule 4, 10-A -- Counsel to inform Court on death of party he represents and thereupon Court gives notice of such death to the other party - Application filed within 30 days of the date of knowledge of the death of the respondent - Held, there is no abatement of appeal...........
Civil Procedure Code, 1908, Order 22 -- Two respondents died during pendency of second appeal - L.R's not impleaded - Appeal stands abated as against them - Held, where the decree is single and indivisible, there cannot be inconsistent decrees as against the deceased respondents and the contesting surviving respondents - Appeal dismissed...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 2, 3, 4, 5, 6 -- Death of one of the respondents - Legal representatives and heirs of deceased respondent could not be brought on record due to mistake of Court - Party cannot be penalised for it - Court allowed substitution of L.R's by condoning delay - Held, such order not to be interfered with..........
Civil Procedure Code, 1908, Section 141, Order 22 -- Applicability of the provisions to proceedings under Article 226 and 227 Constitution of India - Provisions are not applicable - However, the High Court has got all the powers under Article 226 and 227 itself to pass any order which can be passed under Order 22 CPC to substitute legal heirs or L.R's of deceased parties..........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Section 21 -- Suit filed against dead person - Amendment of plaint to substitute his heirs - The test to be applied in such a case, is whether the mistake in filing the suit was made in good faith or it is on account of any neglect or contumacy to the conduct..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Alienation/assignment by one party inspite of restraint order - Assignees cannot claim to be impleaded as parties on basis of assignment...........
