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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Dilip Kumar S/o Late Tikamdas Hinduja – Appellant
Versus
Mohd. Shakil Khan S/o Mohd. Kamil Khan – Respondent
ORDER :
1. The applicants have preferred the present revision petition under Section 115 of the Code of Civil Procedure, challenging the order dated 04.11.2022 passed by the learned 6th Additional District Judge, Durg (Chhattisgarh) in Civil Suit No. 65-A/2014, titled Kewalram & Others vs. Mohd. Shakil Khan & Others, whereby the trial Court held that the suit stood abated due to the death of plaintiff No. 1, Kewalram, on 24.12.2018 and on account of failure to take steps for substitution of his legal representatives despite directions issued vide order dated 19.11.2019.
2. Facts of the case, as projected by the applicants, in a nutshell, are that the plaintiffs filed Civil Suit No. 129-A/2014 before the competent Court seeking a declaration of title and permanent injunction in respect of a property situated in Patwari Halka No. 2, Tehsil Patan, District Durg (C.G.), comprising part of Khasra Nos. 463/2 and 463/3, admeasuring 10,400 square feet (0.097 hectare), and identified as Plot Nos. 13, 15, and 16. The suit property was originally purchased through a registered sale deed dated 20.12.1962 by Late Idandas and plaintiff No. 1, Kewalram, from one Krishna Kumar Silhat. Following the
The trial court erred by abating the suit without proper inquiry into legal representation, as abatement is procedural and not substantive, requiring adherence to the principles laid out under Order ....
The main legal point established in the judgment is the mandatory requirement for the court to determine the legal representative of a deceased party when a dispute arises, as per Order 22 Rule 5 of ....
An executor derives legal authority from a Will upon the testator's death, allowing a substituted plaintiff with vested interests under the Will to pursue litigation, regardless of the pending probat....
The main legal point established is that legal representatives are entitled to implead themselves and continue a suit under Order XXII Rule 9 C.P.C, and that rules and procedures should serve the cau....
Merely because the evidence of respondent/defendant and Prabhakar Rao (PW-2) was not repeated all over again, it cannot be held that the appellant/ plaintiff could be non-suited on this ground.
Point of Law : Code of Civil Procedure enjoins various provisions only for the purpose of avoiding multiplicity of proceedings and for adjudicating of related disputes in the same proceedings, the pa....
The main legal point established in the judgment is the court's power to treat an application under Order 22 Rule 4 of CPC as an application under Order 1 Rule 10 of CPC, allowing for the substitutio....
An appeal filed against a deceased sole defendant is a nullity; proper procedure requires withdrawal of the appeal with liberty to file a fresh one involving the legal heirs.
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