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Showing posts with label bringing legal heirs on record. Show all posts
Showing posts with label bringing legal heirs on record. Show all posts
Thursday, 16 February 2023

When an appeal will not abate even if legal heir of one of the parties is not brought on record?

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 Learned counsel for the appellant has placed reliance on the case reported as 2009 (2) Mh.L.J. 1 : [2008 ALL SCR 1944] (P.B. Devaswom v. Bh...
Friday, 2 March 2018

Whether it is necessary to bring on record legal heirs of retired partner of partnership firm?

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The Suit is instituted by the plaintiff against the heirs and legal representatives, if any, of i) Jamnadas Jinabai Popat and (ii) Man...
Saturday, 11 November 2017

Whether order of abatement can be altered at subsequent point of time?

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Needless to mention that the order of abatement is not so sacrosanct or inviolable that the same cannot be altered at a subsequent point o...

Whether court can exempt plaintiff from bringing legal heirs of deceased defendant on record without hearing his legal heirs?

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However, what needs to be considered in the present case is whether the discretion conferred on the Court under sub-rule (4) of Rule 4 of ...

Whether date of knowledge of death of party is relevant for deciding delay condonation application?

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We are of the view that the order passed by the learned Single Judge is unsustainable in law. The delay in taking out the application has ...

Supreme Court: Whether the court can permit setting aside of abatement of suit or appeal even in absence of specific application in that regard?

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In as much as the abatement results in denial of hearing on the merits of the case, the provision of abatement has to be construed strictl...

Whether legal heirs of defendant who was dead at time of filing of suit can be brought on record?

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 In the present case it is the admitted position that some of the defendants are alive and it is not as if defendant No. 1 was the only rea...
Wednesday, 4 October 2017

Whether legal representatives of defendant who died prior to filing of suit can be added as party to suit?

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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 ...
Saturday, 22 July 2017

Whether suit is maintainable against unknown legal heirs?

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 As regards the unknown legal heirs and representatives of Fateh Bahadur Shrivastava, named as such, in the plaint, the learned counsel se...
Sunday, 23 April 2017

When court will permit bringing legal heirs of deceased on record after ninety days of receipt of report of his death?

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Albeit the provisions of Code of Civil Procedure do not ipso facto apply to the proceedings before the Rent Control Tribunal constituted u...
Tuesday, 8 November 2016

Whether land acquisition can be abated if legal heirs of deceased claimant are not brought on record within limitation?

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Another argument which was advanced on behalf of the respondent was to the effect that the substitution of the appellants in place of Chap...
Friday, 28 October 2016

Whether delay for bringing legal heirs on record can be condoned if applicant fails to give reasons for not knowing death within reasonable time?

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It is true, as contended, that it is no duty of the appellant to make regular enquiries from time to time about the health or existence of ...

Whether court can condone delay in bringing legal heirs on record if pathetic explanation is given for same?

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Having recorded the aforesaid conclusions, the High Court proceeded to condone the delay. In our opinion, such a course was not open to the...