Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff/Karta of Hindu Joint Family - Substitution of succeeding karta - Eviction suit - Objection by tenant - Interest devolved upon the succeeding karta - No need to conduct any enquiry as provided U.O.22.R.5 CPC - Status of petitioner is apparent that he is tenant, therefore he should pursue his case on the..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- L.R's - Substitution on the basis of Will - Will found to be forged - Applicant having failed to prove Will, not entitled to continue suit as legal representative...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 11 -- Decree in favour of a dead person - Neither null and void nor illegal, but is only voidable - Such decree binds the parties and continues to exist in law unless avoided through process known to law - However, decree passed against dead person is generally treated as nullity...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Substitution of LR's - Limitation - Application for substitution is governed by provisions of Arts.120 & 121 of Limitation Act - If a petition for substitution is not filed within 150 days of the death of deceased party ordinarily three applications are filed : one for substitution, another for setting aside abatement and..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 5 -- Impleadment of a person on the basis of Will - Determination of legal representative U.O.22.Rr.3,4 & 5 does not in any way affects the right of any person to get his status as heir/representative or as successor of deceased - Nor it operate as res judicata in any future proceedings - Order of substitution is not an..........
Civil Procedure Code, 1908, Order 22, Rule 3, Limitation Act, 1963, Section 5 -- Substitution of LRs - Condonation of delay - Petition for substitution filed by wife after seven years of death of her husband i.e. original plaintiff - Wife had knowledge of pendency of appeal - Her plea that she was told by her husband that counsel would inform about hearing of application -..........
Civil Procedure Code, 1908, Order 22, Rule 3(4)(As - - Impleading of legal representatives - Any amendment in procedural law is bound to be applied retrospectively unless amended provisions themselves restricted its application only to future actions...........
Civil Procedure Code, 1908, Order 22, Rule 3(4)(As - - Impleading of legal representatives - O.22.R.3 CPC provided for a manner of impleadment of legal representative and the Limitation Act that prescribes the period when a failure to take action would result in abatement is procedural in character and therefore, the amendment must be deemed to be available for all..........
Civil Procedure Code, 1908, Order 22, Rule 3(4)(As - - Impleading of legal representatives - There is no need at all to file an application for condoning delay in filing legal representative application or for setting aside abatement - Appeal could be prosecuted even in the absence of legal representatives from being brought on record as per the amended provisions of..........
Civil Procedure Code, 1908, Section 92, Order 22, Rule 3 -- Substitution application - Dismissal of - Validity - Suit by trust and its trustee - Trustee, who was prosecuting suit, died during pendency of suit - Legal representatives of deceased trustee were not trustees in same trust - Held, they cannot be substituted in place of deceased trustee...........
