Abatement of proceedings in Indian law refers to the automatic termination or suspension of a legal proceeding due to specific events a...

Learned counsel for the appellant-insurer argued that the claim petition has abated in view of the death of the driver-cum-owner, who came t...

   The main question for consideration is whether on the non-substitution of legal representatives of some of the plaintiff – owners of the ...

In Daya Ram v. Shyam Sundari MANU/SC/0298/1964 : AIR 1965 SC 1049, the appellant had impleaded the heirs of the deceased respondent so far ...

As regards the question of abatement, the cause of action of the present suit arises primarily from the notice to quit given by the pl...

 It may be seen that this was a suit by a landlord seeking eviction of the respondent No. 1.  It is well settled that even one of the land...

From the bare reading of the said provision, it clearly transpires that when the sole plaintiff (sole appellant in the instant case) dies...

 Order-XLIII, Rule 1(k) of the Code provides an appeal against an order refusing to set aside the abatement or dismissal of a suit. The te...

 It remains to consider one other argument advanced on behalf of the appellants.  It was urged that the cause of action for a suit for par...

The last two points may be shortly disposed of as they have to be stated merely to be rejected. Point No. (2) was eventually given up as i...

 The courts below have appreciated the evidence and concluded on facts that the owners have an expanded family, and their needs are ge...

Therefore, the question in this second appeal is whether the injunction obtained by the plaintiff against the defendants would be rendered...

 However, the Division Bench in Letters Patent Appeal held that "It would, therefore, appear that it is well settled that Order 22, R...

However, even if it is assumed that the present case is governed by Order 22 Rule 10 of the Code, the question still remain, whether the a...

 The first question which falls for consideration is whether the application which was made by Adbul Majid before the learned District Jud...

As mentioned supra, it is only if a Defendant dies during the pendency of the suit that the provisions of Order 22 Rule 4 of the Code can ...

I, however, find that the question raised is fully covered by the decision of the Privy Council in Brij Indar Singh v. Kanshi Ram ILR 1917...

Let us now consider the question on principle. A combined reading of Order XXII, Rules 3, 4 and 11, of the Code of Civil Procedure shows t...

When this provision speaks of "legal representatives" is it the intention of the legislature that unless each and every one of t...

  Though on a strict construction of rule 10 A of order XXII of the Code, the obligation imposed on the pleader stands discharged on his i...