During the pendency of an appeal by the four defendants in the suit, one of the appellants (defendants) dies and no steps for substitution of his legal representatives are taken and the appeal in so far as it relates to the said appellant abates. The five respondents (plaintiffs) apply for dismissal of the entire appeal as abated. Answer whether:

During the pendency of an appeal by the four defendants in the suit, one of the appellants (defendants) dies and no steps for substitution of his legal representatives are taken and the appeal in so far as it relates to the said appellant abates. The five respondents (plaintiffs) apply for dismissal of the entire appeal as abated. Answer whether: Correct Answer The entire appeal abates only if the cause of action against all the defendants was one and allowing the appeal of the other defendants would lead to inconsistent decrees

Bissoy MCQ

Related Questions

When the accused/appellant dies during the pendency of appeal, and his near relative wants to continue the appeal, then within what period he should apply for leave of the court to continue the appeal:
Which of the following instances can be held to be final orders?
1. An order of a High Court dismissing an appeal for the appellant's failure to furnish order
2. An order that an appeal had abated
3. An order in a revision reversing the dismissal of a suit and restoring it to the file of the lower court when such an order had the effect of reinstating a primary decree
4. An order refusing an application under section 45 of the Specific Relief Act 1 of 1877
5. An order passed by a High Court in insolvency proceedings
To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
Which of the following statements is/are correct?
1. Under the Information Technology Act, 2000, the appellant can make a legal representation in person.
2. The appellant can authorize one or more legal practitioners to present his case before the Cyber Appellate Tribunal.
3. The provisions of the Limitation Act, 1963 are not applicable to an appeal before the Cyber Appellate Tribunal.
4. The Cyber Appellate Tribunal is bound by the procedure laid down by the Code of Civil Procedure, 1908.
Select the correct answer using the give below:-
Principle: A person is duty bound to act with such reasonable caution as a prudent man would have exercised under such circumstances.
Facts: The defendant 'D', built a hay stack near the boundary of his land which bordered the plaintiffs land. He had been warned several times by many in the vicinity over a period of five weeks that the manner in which he built the hay stack was dangerous. The defendant's hay stack had been built with a precautionary "chimney" to prevent the hay from spontaneously igniting, but one day it caught fire. Consequently, the hay ignited and spread to the plaintiffs land, burning down two of the plaintiffs cottages.
Is 'D' liable?
Where one of two or more defendants dies but legal representatives of deceased defendant are not made parties and the right to sue does not survive against rest of the defendants, then
A suit may be dismissed under Order 9 of Code of Civil Procedure, 1908:
1. Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons.
2. Where neither the plaintiff nor the defendant appears.
3. Where plaintiff, after summons returned unserved, fails for 7 days to apply for fresh summons.
4. Where on the date fixed for hearing in a suit only defendant appears and he does not admit the plaintiffs claim.
Several persons assemble at the door of the house of one K and the appellant struck a blow with a kencha which fell on the left thigh of a workman working in the house of one K whom the appellant and others wanted to attack, and as the appellant struck at the very first person who opened the door and that was how that came to receive the injury.
The defendants by digging a coalpit in the land intercepted the water which affected the plaintiffs well at a distance of about one mile. The plaintiff brought a suit for a damages against the defendants.
Which one of the following maxims is applicable in the aforesaid case?
In a contractual dispute between two parties A and B, A files a suit in New Delhi where the cause of action arose. Two days later, B files a suit in the same matter in Mumbai, where A is resident. The pendency of the first suit is not brought to the notice of the court in Mumbai. The court pronounces judgement in second suit before the first suit is decided. Would such decision operate as a bar on the court in New Delhi to try the suit any further?