Manoj Gaur vs Jaypee Infratech Limited on 21 February, 2024
Author: Ashok Bhushan
Bench: Ashok
Manoj Gaur vs Jaypee Infratech Limited on 21 February, 2024
Author: Ashok Bhushan
Bench: Ashok
nature, the suit or appeal will abate on the death of the plaintiff or
appellant and legal representatives of the deceased will not be entitled ... appeal against dismissal of a suit for damages for
defamation the plaintiff-appellant dies, the appeal will abate Appeal would
survive if the plaintiff were
not cause the suit to abate if the right to sue survives. Thus, if the
right to sue does not survive, the suit will abate ... prescribed by law, the suit will abate. Under Rule 9 (2), the
court may set aside the abatement of the suit on the application
death. If the
application is not filed within the required time, the suit
against the deceased will be abate.
15. From the bare perusal ... death. If the application is not filed within the
required time, the suit against the deceased will be abate.
11. A perusal of the record
outstanding relied on are not hit by limitation. Abatement of Original
Suit before DRT will not affect the proceeding in NCLT under
not in existence on the
date of assessment, and that the rules of abatement of suits under the
Civil Procedure Code would not apply ... agree that the rules as to abatement laid down by the Civil Procedure Code
will not apply to the proceedings before
not in existence on the date of assessment,
and that the rules of abatement of suits under the Civil
Procedure Code would not apply ... agree that the rules as to abatement laid down by
the Civil Procedure Code will not apply to the proceedings
before
rules of abatement of suits under the CPC would not apply to assessment proceedings under the IT Act , as the ITO was not a Court ... abatement laid down by the CPC will not apply to the proceedings before the ITO. But the principle of representation applicable to regular suits
suit of the applicant Bank abated against deceased defendant No. 3 when the Code of Civil Procedure did not apply to the proceedings under ... abatement has taken place and an application has to be moved under Code of Civil Procedure for setting aside the abatement of the suit