Sunday, July 31, 2011

Abatement of Suit - Order 22 Rule 3 of CPC


2011(4) CURRENT TAMILNADU CASES – Page 531
Order 22 Rule 3 of CPC – Suit for partition – Application filed to implead legal representatives of plaintiff for passing final decree, dismissed by trial court as hit by limitation – Revision preferred – Provisions of Order 22 Rules 3 & 10 distinguished – Suit for partition does not abate even though legal representatives are brought on record – Impleading application maintainable – Order of Trial court rejecting application, held, not sustainable.

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