Search Results for "substitution of legal representatives"

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Gujarat High Court Dismisses Condonation of Delay Application in Second Appeal Due to Unexplained Inordinate Delay of 1131 Days. Limitation Act, 1963 Section 5 Requires Sufficient Cause for Delay Beyond Control.

The present case involves a Civil Application under Section 5 of the Limitation Act, 1963, filed in a pending Second Appeal before the Gujarat High Co...

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High Court of Karnataka Quashes Order Allowing Substitution of Legal Representatives in Suit for Declaration of Will as Void — Order Passed Without Notice to Plaintiffs Violates Principles of Natural Justice and Order XXII Rule 5 CPC.

The petitioners, Smt. Sarojini and Kempanna, were defendants in O.S. No.342/2017 filed by Smt. Tayawwa before the Principal Civil Judge and J.M.F.C, G...

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Bombay High Court Dismisses Appeal Against Substitution of Plaintiffs in Property Suit Based on Will. Substitution of Legal Representatives Under Order 22 Rule 3 CPC Does Not Change Nature of Suit Even If Claim Is Through a Will and Involves Transposition of a Defendant.

The appeal arose from a property dispute among family members of Late Haji Israr Alam Siddiqui. The appellant, Mujibur Rehman, is one of the sons of t...

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Supreme Court Sets Aside High Court Order for Non-Compliance with Procedural Requirements Under Order 22 Rule 5 CPC in Substitution of Legal Representatives. The High Court failed to consider pending substitution application and objections before determining legal representation.

The present appeals arise from an order in a pending Second Appeal before the Patna High Court. The dispute concerns the substitution of legal represe...

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Bombay High Court Allows Revision Application in Civil Suit — Upholds Right of Heirs to Seek Impleadment Under Order 22 Rule 4 CPC. Court holds that abatement of suit against deceased defendant does not automatically bar substitution of legal representatives if application is made within limitation.

The case arises from a civil suit filed by the respondents (original plaintiffs) against several defendants, including Balbhim Govind Deshpande (origi...

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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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NCLAT Allows Appeal Against NCLT Order Dismissing Section 7 Application as Abated Due to Death of Corporate Debtor's Director. The Tribunal held that the death of a director does not abate proceedings under the Insolvency and Bankruptcy Code, 2016, and the Resolution Professional can continue the process.

The appeal arises from an order of the National Company Law Tribunal (NCLT), Bengaluru Bench, dated 30.12.2019, which dismissed IA No.47/2019 in CP(IB...