Law: Civil Procedure Code (V of 1908)

Section: 12(2),13,4

(a) Civil Procedure Code (V of 1908)--- ----S.12(2), O.VIII, R.13 O.XXII, R.4---Bar to further suit---List of legal representatives of defendant---Procedure in case of death of one of several defendants or of sole defendant---Scope challenged and decree passed by Trial Court by way of filing an application under S.12(2), C.P.C., contending therein that the defendant (his father) had died during pendency of the suit and that it was necessary for the Trial Court to have impleaded the defendants legal heirs because they were in possession of the suit land---Validity---Defendant was summoned and he had also engaged a counsel on his behalf; it was responsibility of the defendant or any other nominated person of the defendant to intimate the Court about death of the defendant and apply for impleading his legal heirs as party in place of the deceased---When the legal heirs of defendant had failed to file such application, there was no legal bar for the Court to announce the and the decree---Any decree passed in such circumstances, inspite of death of the defendant, shall be deemed to be a valid decree against his legal representatives and it shall be deemed that the deceased was alive at the time of ---Plaintiff could not be blamed for the fault of defendant party---No element of fraud or misrepresentation was found in the case---Writ petition was dismissed, in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O.XXII, R.4---Procedure in case of death of one of several defendants or of sole defendant---Scope---If a party, plaintiff or defendant, dies during the proceedings and his legal heirs are not impleaded or intimation by the nominated person is not given to the Court, any decree passed against such deceased party shall be treated as the same was passed in the lifetime of the deceased party. (c) Civil Procedure Code (V of 1908)--- ----S.12(2) O.VI, R. 4---Bar to further suit---Particulars to be given where necessary---Scope---Decree can be set aside only when it is found by the Court that the same was a result of any fraud and misrepresentation of the plaintiff or it was passed without jurisdiction---If a party challenges any order or a decree of the…

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