Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of L.R's - Suit filed against a dead person - Defendant had died prior to filing of suit - Neither his L.R's can be impleaded nor O.6.R.17 CPC can be invoked - Suit against a dead person is not maintainable...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree against dead person - Executing Court has jurisdiction u/s 47 CPC to take cognizance of undisputed fact that on the date of decree, suit was no more as it stood abated by operation of law...........
Civil Procedure Code, 1908, Section 47 -- Execution - Ex parte decree against dead person - Date on which decree was passed sole defendant was dead - No application was filed for bringing legal heirs of sole defendant - Decree is passed when suit had abated - An abated suit cannot be decreed and therefore same has to be treated as nullity - Executing Court rightly held..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Suit filed against a dead person is a nullity from the very inception - Same shall be deemed not to have been instituted at all - Prayer for its withdrawal ought to be permitted with liberty to file a fresh suit on the same cause of action...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit filed against a dead person - Substitution of L.R's not permissible U.O.22.R.4 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit filed against dead person - Impleadment of LRs of deceased defendant - There is no bar for Court to add legal heirs of a defendant who was dead at the time of institution of suit, if such legal heirs are necessary parties for proper and effective adjudication and to avoid multiplicity of proceedings...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit filed against dead person - Impleadment of LRs of deceased defendant - Death of defendant prior to institution of suit does not make case void and ab initio and case can continue in presence of legal heirs of such sub deceased party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit filed against dead person - Impleadment of LRs of deceased defendant - Suit filed against dead persons, defendant No.1 and defendant No.10, due to bona fide mistake - Plea that defendant No.1 transferred his property to defendant No.3, as such legal heirs of defendant No.1 has no interest in suit property - Case is at..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 - - Res judicata - Title of suit is already decided between parties in earlier suit - Present suit is thus, barred by res judicata - Even otherwise, suit is filed against dead person which is nullity - Plaint rejected...........
Civil Procedure Code, 1908, Section 151, 152, Order 22, Rule 3 -- Correction of decree - Decree passed in favour of a dead person - Plaintiff died during pendency of suit - Application filed to implead his L.R's - Decree passed without deciding application to impleaded L.R's of deceased plaintiff - Correction of decree - Since the application to implead L.R's of deceased..........
