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Search Results for "Abatement of suit"

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High Court

Gujarat High Court Allows Revision Against Abatement of Rent Suit Under Bombay Rent Act — Legal Heirs Entitled to Continue Suit as Tenants. Tenancy Rights Are Heritable Under Section 29(2) of the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947, and the Trial Court Erred in Rejecting Impleadment and Ordering Abatement Without Considering Order 22 Rule 3 CPC.

24 Mar 2026

The present Civil Revision Application was filed under Section 29(2) of the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947, by the ori...

High Court

High Court of Karnataka Quashes Order Allowing Amendment of Plaint in Partition Suit — Amendment Sought After 13 Years, Causing Prejudice to Defendants. The court held that belated amendments altering the nature of the suit and causing irreparable prejudice to the opposite party cannot be allowed under Order 6 Rule 17 CPC.

25 Sep 2025

The petitioner, Smt. Hamsaveni, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 21.04.2021 passed by ...

High Court

High Court of Karnataka Dismisses Petition Seeking Abatement of Suit Under Order 22 CPC - Petitioner Failed to Prove Death of Plaintiff Before Suit Was Re-Filed. The Court held that abatement under Order 22 CPC does not apply when the plaintiff dies before the suit is re-filed, and the burden of proving non-impleadment of legal representatives within limitation lies on the party alleging abatement.

25 Sep 2025

The petitioner, Sri Chetan P Tayal, who was the defendant No.2 in O.S. No.96/2015 (originally O.S. No.19/2010) pending before the Additional Senior Ci...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Implead Legal Representatives in Partition Suit — Held That Application Under Order 22 Rule 4 CPC Was Not Maintainable as Defendant No.2 Was Already on Record and No Abatement Had Occurred

8 Sep 2025

The petitioner, Sri Janardhana Suvarna, was Defendant No.2 in O.S.No.233/2016, a suit for partition and separate possession filed by Respondent No.1 (...

High Court

Bombay High Court Dismisses Petition Challenging Dismissal of Condonation of Delay Application in Suit Abatement Case. The court upheld the concurrent findings that the delay of 7 years in seeking to set aside abatement was not sufficiently explained and the application was rightly dismissed.

6 Apr 2021

The petitioner, Govind Jagalpure, challenged the judgment and order dated 21 November 2017 passed by the learned District Judge-1, Udgir, in Misc. Civ...

High Court

High Court of Karnataka Allows Restoration of Suit for Partition Despite Abatement Order — Trial Court Erred in Holding Suit Abated When Legal Representatives Were Already on Record. The Court set aside the rejection of IA No.9 and directed restoration of IA No.7 for fresh consideration.

26 Sep 2018

The petitioner, M/s J.C.Gupta & Sons, a registered firm, was the plaintiff in a civil suit for partition and separate possession of plaint schedule pr...

High Court

Bombay High Court Allows Revision in Chit Fund Recovery Case: Sureties Cannot Be Proceeded Against When Suit Abates Against Principal Debtor. The court held that in a composite suit against borrower and sureties, abatement against the principal debtor due to his death extinguishes the liability of sureties under Section 37 of the Indian Contract Act, 1872.

13 Jun 2017

The case involves a civil revision application filed by Vinod s/o Chhaganlal Daga, who was original defendant no.3 and judgment debtor no.3 in executi...

High Court

Bombay High Court Allows Appeal Against Rejection of Impleadment in Estate Administration Suit. Suit for Administration of Estate Does Not Abate on Death of Plaintiff, Legal Representatives Can Be Substituted.

25 Aug 2014

The appeal arose from an order of a learned Single Judge of the Bombay High Court dated 20th March 2013, rejecting the appellant's application to be i...

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 Allows Appeal in Suit for Possession and Mesne Profits — Held that the Trial Court Erred in Dismissing Suit for Non-Prosecution Without Considering Merits and That the Suit Was Not Abated Despite Death of Sole Proprietor as Legal Representatives Were Brought on Record.

30 Nov -0001

The present appeal arises from a suit filed in 1983 by the original plaintiffs (respondents herein) against the original defendant, Bitesh Hanumantrao...

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