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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Babulal Chhajer S/o Late Birdhichand Chhajer – Appellant
Versus
On The Death Of Abdul Hai His Legal Heirs Gulanbandi – Respondent
| Table of Content |
|---|
| 1. revision jurisdiction under cpc invoked. (Para 1) |
| 2. revisional jurisdiction under cpc invoked. (Para 2 , 5) |
| 3. non-substitution of legal representatives does not abate. (Para 3 , 4) |
| 4. details about title suit and deed of sale. (Para 6 , 9 , 10) |
| 5. details of the substantive rights in the tile suit. (Para 8) |
| 6. court's decision to restore execution proceedings. (Para 11 , 12 , 13 , 14) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr A C Sarma, the learned Senior Counsel appearing on behalf of the petitioner, assisted by Mr G Bharadwaj and Mr P Bhowmick, the learned counsel appearing on behalf of the respondents.
2. The revisional jurisdiction under Section 115 of the Code of Civil Procedure, 1908 (hereinafter, referred to as “the Code”), has been invoked to challenge the order dated 20.08.2022, passed by the learned Court of the Munsiff No. 2, Goalpara (‘the learned Executing Court’), in Misc (Ex) No. 38 of 2018, whereby an application under Section 47 of the Code, filed by the respondents herein, was allowed, holding, inter alia, that the execution proceedings could not be maintained, inasmuch, as the Judgment and Decree dated 29.11.2001, in Title Suit No. 45 of 1973, was pas
Joint representation by surviving defendants suffices to prevent abatement of a suit when one defendant dies, as long as the estate is substantially represented.
Execution proceedings can continue after the death of a judgment debtor without abatement if legal representatives are not brought on record, allowing substitution or fresh execution petitions.
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 amendment to Order XXII Rule 4 of the CPC aims to ensure the continuation and culmination of effective adjudication and to prevent the proceedings from coming to an end summarily due to the death....
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 ....
Rejection by the High Court of the applications to set aside abatement, condonation and brining on record the legal representatives does not appear, on the peculiar nature of the case, to be a just o....
Substitution of legal representative of deceased plaintiff in eviction suit – Tenant has no locus standi to aver as to who would be legal representatives of plaintiff landlord.
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