AI Overview...
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Legal Representatives of Deceased in Immovable Property Cases - Legal representatives can be brought on record under Order XXII Rule 4(2) CPC, especially when the property is not purely personal and can devolve to heirs. However, the absence of evidence of interference or possession by the legal representatives may justify their dismissal from the record. The court may also require proper notice and compliance with procedural rules for substitution. KOMARA SRINIVASULU vs AVS LAKSHMI - Andhra Pradesh, SMT. VASUGI vs SRI R UMAPATHI - Karnataka
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Order XXII Rule 2 Application - Generally, Order XXII Rule 2 pertains to the abatement of suits upon the death of a party if legal representatives are not substituted timely. The rule emphasizes that unless legal representatives are brought on record, the suit may abate, but exceptions exist if the property is not purely personal or if the legal representatives are properly substituted. DWARKOO VS UNION OF INDIA - Himachal Pradesh, DHANAMMA VS KAMALAMMA (DECEASED) BY L. RS. - Karnataka
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Substitution and Abatement of Suit - Courts have held that failure to bring legal representatives on record can lead to abatement, but this depends on the nature of the property and procedural compliance. In cases involving immovable property, substitution is necessary to prevent abatement, and subsequent purchasers or legal heirs must be properly impleaded. RAM NARESH VS ADDITIONAL DISTRICT JUDGE, DEORIA - Allahabad, Bhaskaran VS Vijayaraghan - Kerala, G. Basavaiah VS Samir Kumar Pattnaik - Orissa
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Procedure and Notice - Proper notice to legal representatives under Order XXII Rule 4-A is not always mandatory if the court deems the substitution appropriate and procedural requirements are met. The courts emphasize the importance of following due process for legal substitution to avoid abatement or dismissal. DWARKOO VS UNION OF INDIA - Himachal Pradesh, SMT. VASUGI vs SRI R UMAPATHI - Karnataka
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Conclusion - Under Order XXII Rule 2, the substitution of legal representatives of a deceased party is essential in cases involving immovable property to prevent abatement of the suit. While legal representatives can be brought on record, their proper identification, notice, and evidence of interference are crucial. If these procedural requirements are not met, the suit may abate or be dismissed. The courts recognize that immovable property can devolve to legal heirs, and proper legal substitution under Order XXII is necessary to continue proceedings. KOMARA SRINIVASULU vs AVS LAKSHMI - Andhra Pradesh, SMT. VASUGI vs SRI R UMAPATHI - Karnataka, RAM NARESH VS ADDITIONAL DISTRICT JUDGE, DEORIA - Allahabad
References: - INDAP00000037329 - 01800000154 - 01900021967 - 02500075900 - INDKAR00000151134 - 00300005624
Search Results for "Can Lrs of Deceased Party be Brought on Record in Case of Immovable Property under Order Xxii Rule 2"
2024 Supreme(Online)(AP) 18138 • India - High Court of Andhra Pradesh
B S Bhanu Mathi, J
of immovable property is not purely personal and can devolve to legal representatives, but in this case, the absence of evidence ... (Paras 10) ... ... Issues: Whether legal representatives of a deceased defendant can be brought on record in a ... brought on record, the absence of evidence of interference with possession by them justified the trial Court's dismissal of the ... Though a legal representative of a #....
1980 0 Supreme(HP) 76 • India - Himachal Pradesh
V.D.MISRA, H.S.THAKUR
The appellants brought Sukh Dev on record as the legal representative of the deceased respondent. ... The court also found that there was no real legal representative of the deceased respondent as the person who was brought on record ... The court also held that no notice was required to be given to any person under sub-rule 2 (a) of Rule 4-A of Order XXII of the Code ... He further stated that th....
2024 0 Supreme(J&K) 62 • India - Jammu and Kashmir
M. A. CHOWDHARY
RAIP Act - Acquisition of Immovable Property - Section 07 of the J&K Requisition and Acquisition of Immovable ... Property Act 1968 - [Section 07 of the J&K Requisition and Acquisition of Immovable Property Act 1968] - The court discussed the ... The respondents argued that the appeal abated due to the failure to bring on record the legal representatives of deceased respondents ... Such decree has attained finality in favour of the ....
2015 0 Supreme(All) 264 • India - Allahabad
SUDHIR AGARWAL
purchaser to be brought on record as defendants in the suit. ... Code of Civil Procedure, 1908—Order VI, Rule 17 and Order XIII, Rule 10—Impleadment of party—Subsequent purchaser—Sale of property ... in dispute—Impleadment of subsequent purchaser found to be necessary—Held, impugned order passed by Courts below liable to set aside—Subsequent ... So, by operation of Order XXII Rule#HL_END....
2025 Supreme(Online)(Kar) 24361 • India - Karnataka High Court
DR. K.MANMADHA RAO, J
, arguing errors in the trial court's reliance on Order XXII Rule 4(4) CPC. ... The petitioner's writ seeks a certiorari against an order rejecting the memo to bring legal representatives following a party's death ... Order dated 16.03.2021 is set-aside, and directions for legal substitution in compliance with law are issued. ... Therefore, the legal representatives of defendant No.2 need not be brought on record a....
2024 Supreme(Online)(KAR) 35905 • India - High Court of Karnataka
MR. JUSTICE SREENIVAS HARISH KUMAR, MR. JUSTICE T. G. SHIVASHANKARE GOWDA, JJ
(A) Code of Civil Procedure - Order XXII Rule 4(2) - Legal representatives - Conflict of interest - Legal representatives of deceased ... of rights - A mere varadi cannot be treated as a document evidencing relinquishment of rights in immovable property - Any relinquishment ... suffice for relinquishing property rights. ... In the appeal where he was respondent, sub-rule (2) of #....
1991 0 Supreme(Kar) 53 • India - Karnataka
N.Y.HANUMANTHAPPA
N. 39 - AIR 1983 SC 123 - AIR 1983 SC 124 Fact of the Case: The respondent filed an application under Order XXII, Rule ... Ratio Decidendi: The word 'assignee' in Order XXII, Rule 9 includes a mortgagee. ... abatement - Order XXII, Rule 9 of CPC - Section 5 of the Limitation Act - Section 52 of the Transfer of Property Act - AIR 1933 ... Rule 9 of order XXII r....
2004 0 Supreme(Ker) 570 • India - Kerala
K.M.JOSEPH
Civil Procedure Code, 1908 - Order IX, Rule 13, Section 146, Order XXII, Rule 10 - Application to set aside ... property would be bound by lis pendens and whether made party or not he is bound by the decree and cannot stand in the way of the ... should in all cases be allowed to join and contest the pending suits - It cannot be disputed that a transferee in a suit relating to immovable ... The court held in the said context that under Order....
2017 0 Supreme(Ori) 322 • India - Orissa
A.K.RATH
22 Rule 10, CPC to allow him to substitute in place of the deceased-appellant and continue the appeal - Application rejected - C.M.P ... case was pending in the Trial Court - Under Order 22 Rule 10, no detailed enquiry at the stage of granting leave is contemplated ... CIVIL PROCEDURE CODE, 1908 - Order 22 Rule 10 - Constitution of India - Art. 227 - Suit for specific performance of contract - Suit ... Such an alienee can be brought on reco....
1993 0 Supreme(Bom) 90 • India - Bombay
P.S.PATANKAR
Such a case will not be covered by provisions of Order 2, Rules 3 when is applicable where the plaintiff leave behind an estate which ... ... Where a suit is brought by the plaintiff not in his personal capacity ... No penalty laid down for failure to substitute person on whom interest of deceased plaintiff or defendant devolves. ... Now obviously such a case will not be covered by Order 22, Rule 3, which contemplated the legal representat....
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