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Documents citing Dhruba Bhoi And Ors. vs Brundabati Bhoiani And Ors. on 10 March, 1972

Shiv Shanker Rice And General Mills vs Mangilal And Ors. on 11 January, 1984

4. The question before me is whether exemption under Order, 22 Rule 4(4) C.P.C. could not be granted by the court because the application for such an exemption had not been filed within 90 days of the death of the defendant(sic) As a matter of fact there is a divergance of opinion between various High Courts in this respect. Lakshmi Chara(sic) Panda and Anr. v. Satyabadi Bohra and Ors. , Dhruba Bhai and Ors. v. Brundabati and Ors. and Hiru Sepai v. Sultan Sepai propounded the view that the application for such exemption has to be filed within 90 days of the death of the defendant because thereafter the suit automatically abates as against the deceased defendant and the court is left with no power to exempt the plaintiff from bringing the legal representatives of the deceased on record.
Rajasthan High Court - Jaipur Cites 5 - Cited by 0 - Full Document
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