Search Results for "Order XXII"

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Search Results for "Order XXII"

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High Court

Bombay High Court Allows Appeal Against Transposition of Defendants as Plaintiffs in Abated Suit — Order I Rule 10 CPC Cannot Be Used to Circumvent Abatement Under Order XXII CPC. The court held that after the suit abated due to the death of the sole plaintiff, only her legal representatives could apply to set aside abatement, and defendants who were not legal representatives could not be transposed as plaintiffs.

4 Mar 2013

The case arises from a suit filed in 1993 by two plaintiffs, Sitabai and Mathurabai, seeking declarations regarding the invalidity of certain Release ...

High Court

Bombay High Court Dismisses Judgment Debtors' Revision Against Execution Decree in Land Possession Case — Order XXII Rule 2 CPC Application Rejected as Death of Decree Holder Occurred After Decree, No Abatement. The court held that Order XXII Rule 2 applies only to pending suits, not execution proceedings, and the death of a decree holder after decree does not cause abatement.

3 Feb 2014

The case involves a Civil Revision Application filed by the judgment debtors (applicants) against an order of the Civil Judge, Junior Division, Chalis...

High Court

Bombay High Court Allows Second Appeal Against Abatement of Appeal Due to Procedural Lapse in Bringing Legal Representatives on Record. The Appellate Court's rejection of substitution application without considering merits was held improper, and the matter was remanded for fresh consideration.

25 Apr 2016

The appellants, original plaintiffs, filed a suit for cancellation of sale deed and permanent injunction, which was dismissed by the trial court. They...

High Court

Bombay High Court Allows Landlord to Sue Unknown Heirs in Eviction Proceedings — Procedure for Service by Substituted Service and Appointment of Administrator General. The court held that a landlord may file an eviction suit against 'heirs and legal representatives, if any' of a deceased tenant when their names and addresses are unknown, and the court may direct substituted service and appoint the Administrator General to represent the estate.

11 Apr 2018

The Bombay High Court addressed a procedural dilemma faced by landlords in Mumbai when a tenant dies and the landlord is unable to identify or locate ...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit, Holds Partial Abatement Only. Death of some appellants during pendency of appeal does not abate entire appeal; decree not a nullity under Order 22 CPC.

17 Oct 2011

The case involves a second appeal arising from a suit for partition and separate possession. The original suit was filed by the plaintiffs (now respon...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Plaint in Suit for Specific Performance — Suit Barred by Limitation. The court held that the plaint must be rejected under Order VII Rule 11(d) CPC when the suit is clearly barred by limitation based on the averments in the plaint.

30 Nov -0001

The appellant, Romesh Satyanarayan Sharma, filed a suit for specific performance of an agreement to sell dated 15.07.2005 against the respondents, Mrs...

High Court

Bombay High Court Dismisses Application to Bring Legal Heirs on Record After 24-Year Delay in Specific Performance Suit. Condonation of Delay Refused as Plaintiff's Mistaken Belief Does Not Constitute Sufficient Cause Under Order 22 Rule 9 CPC.

21 Apr 2014

The case involves a Chamber Summons taken out by the plaintiff (Sunil Gupta) in a suit filed in 1989 for specific performance of an agreement dated 15...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Application to Set Aside Dismissal of Appeal for Non-Compliance of Order to Bring Legal Representatives on Record. Order XXXIX Rule 11 CPC Held Inapplicable to Dismissal for Default; Sufficient Cause Not Shown Under Order XLI Rule 17 CPC.

14 Nov 2014

The appellants, original defendants in a suit for damages, filed Regular Civil Appeal against the decree granting damages to the respondents. During t...

High Court

Gujarat High Court Allows Condonation of Delay in Substitution of Heirs in Civil Appeal. Delay of 1537 days condoned as sufficient cause shown for bringing legal representatives of deceased respondents on record in pending first appeal against decree under Order VII Rule 11 CPC.

27 Jan 2026

The present application was filed by the applicants, Vikramsinh Kanjibhai and another, seeking condonation of delay of 1537 days in filing an applicat...

High Court

Madras High Court Allows Impleadment of Proposed Plaintiff in Suit for Declaration and Injunction — Order I Rule 10 CPC. Co-ownership Claim Recognized as Sufficient Ground for Impleadment Despite Delay, as No Limitation Applies Under Order I Rule 10 CPC.

6 Jan 2026

The petitioner, Veeramani, filed a Civil Revision Petition under Article 227 of the Constitution of India challenging the order dated August 29, 2022 ...

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