Application under order 22 rule 4 cpc Rule 4 relates to the procedure in case of death of one of several defendants or of the sole defendant. -In Order XXII, in rule 11, insert the following proviso Sep 3, 2023 · APPLICATION UNDER ORDER 11, RULE 1 C. (2) The plaintiff or the person claiming to be the legal representative of a deceased plaintiff or the assignee or the receiver in the case of an insolvent plaintiff may apply for an order to set aside the abatement or 11. Sandesh observed, “Regarding first aspect is concerned, whether the appeal is maintainable under Order 43 Rule 1(r) of CPC, no doubt that when the ex parte temporary injunction is granted, the defendant has a right to file an application under Order 39 Rule 4 of CPC and seek for vacating the same. 4. 1, R. Application under Order 22 Rule 3, 4, CPC filed by the petitioners is allowed. 21117/2003: Between Sri D. Sep 9, 2023 · It is not necessary for provoking power of exemption conferred by sub-rule (4) to move an application within 90 days. 7. c. Considering the facts andapplication filed by plaintiff/petitioner under Order 9 Rule 4 of CPC in Case No. It is not sufficient because as counsel had the option to inquire from the Jul 21, 2021 · That in the circumstances it is expedient that the suit be restored wo original number setting aside the ex-parte order aforesaid. -Same as in Madras. Procedure where there is no legal representative. Vide the impugned order, the Plaintiff has Application for Substituted Service under Order V Rule 20 of the CPC in a Suit of Possession - Free download as Word Doc (. Sep 8, 2023 · APPLICATION UNDER ORDER 22, RULE 3, C. (1) Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the right to the sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the Aug 28, 2020 · Whether legal representatives of deceased party can be impleaded under Order 1 Rule 10 CPC when application under Order 22 Rule 4 was dismissed? Facts: · The appellant initially filed a suit for setting aside a sale deed for a land purchased by D7. e 22. Nos. That the deceased defendant is survived by his son. 2010 after the period of 4 years, the present Jul 8, 2010 · An application under Order 22 Rule 3, CPC was submitted by the L. pc. 3. , which was dismissed on 24-8-1999 on account of being barred by limitation, Details. years presently residing at . 1, one Balu, negating the case of defendants Jan 21, 2025 · It is contended by learned counsel for the petitioner that an application under Order IX Rule 4 CPC has been filetemporary injunction application (6-C) as well as application filed under Order IX Rule 4 CPC filed in Suit No. C statingprovisions of Order 22 Rule 3, C. Marriage of a Female Party (Rule 8): A suit involving a female plaintiff may abate due to her marriage, depending on the nature of the suit and the survival of the right to sue. FOR TRANSFER OF CASE TO OTHER COURT - This document is a comprehensive legal draft aimed at providing a structured format for civil pleadings. (date). In fact, the aforesaid observations cannot be interpreted in the manner suggested by Ld. C. Mar 24, 2019 · (1) Where one of two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone, or a sole defendant or sole surviving defendant dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased defendant to be made a Application Under Order 22, Rule, 4, c. Nothing in rules 3, 4 and 8 shall apply to proceedings in executive Sep 6, 2023 · APPLICATION UNDER ORDER 14, RULE 5, C. During the pendency of the suit the 4th defendant died on 19-12-1983. 2003 would be maintainable? Jan 21, 2020 · The honourable high court in its judgement observed the Rule I of Order XXII of the Code of Civil Procedure, 1908. 2018 moved under Order 7 Rule 11 CPC b. Feb 6, 2009 · BY THE COURT:-The matter has come up on Application No. (2) The plaintiff or the person claiming to be the legal representative of a deceased plaintiff or the assignee or the receiver in the case of an insolvent plaintiff may apply for an order to set aside the abatement or Mar 24, 2019 · Order 22, Rule 9 CPC. Even an application for the said purpose is not required and the Court can by looking into the record itself grant the exemption. 2. rtf), PDF File (. (1) In other cases of an assignment, creation or devolution of any interest during the pendency of a suit, may, by leave of the Court, be continued by or against the person to or upon whom such interest has come or devolved. P. The impugned order notes that an application under Order 39 Rule 4 CPC is permissible only if in the application seeking temporary injunction or in the affidavit supporting such application, a party has made false and misleading statement in respect to a material particular and injunction was granted without notice to the opposite party. 2876/2012) it has been averred that during the pendency of this second appeal, respondent No. 2018 filed by him under Order 37 Rule 3(4) of CPC and the second dated 01. 1 under section 151 CPC and Mar 24, 2019 · Order 39, Rule 4 CPC. Procedure where one of several plaintiffs or defendants dies and right to sue survives. (1) Any respondent, though he may not have appealed from any part of the decree, may not only support the decree but may also state that the finding against him in the Court below in respect of any issue ought to have been in his favour;and may also take any cross-objection to the Mar 24, 2019 · Order 22, Rule 10 CPC. 3. Rule of 1 of CPC explicitly says that the suit can not be abated on the mere ground of death of either party if the right to sue still survives. 2. This will be clear from the discussion which follows. The following LRs Mar 19, 2018 · 11. 04. Naved, by which an application under Order XXIII Rule I (3) (b), CPC filed by the Plaintiff/Respondent herein, has been allowed. - 1. 12115/2010 filed under Order 22 Rule 4 CPC read with Order 22 Rulethat ignorance of law is no excuse and hence, no sufficient cause has been shown for condonation of The plaintiff/respondent filed an application under Order 22 Rule 4 of CPC to bring the legal representative of late K. Lanka Venkateswarlu. A Division Bench of the Rajasthan High Court before which the appeal came up for hearing rejected the application filed under Order 22, Rule 4 as barred by limitation. C were clearly attracted and the learned District Judge has seriously Apr 17, 2003 · Even filing of application under Order 22 Rule 3, 4, suit has been abated. However an application under O. Archana Kumar and another. The said rules, to the extent relevant, are extracted below: "4. Aug 2, 2021 · If an order is passed by an executing Court after 1st February 1977 disposing of an application under this Rule which was pending on that date, the order passed by the executing Court is appealable under the provisions of the amended Code and the aggrieved party has no right to file a suit under the provisions of the Code as it stood before the . 21116/2003: Petition Under Order 9 Rule 9 read with section 151 CPC, praying that the High Court may be pleased to set aside the abatement caused due to the death of sole respondent i. , Order 9 Rule 9 and Clause (c) of Order 43 Rule 1) are concurrent and can be restored simultaneously, and that none of them excludes the other. docx), PDF File (. Oct 4, 2007 · Learned counsel for the parties are heard on I. Application of Order to appeals. 6. e. txt) or read online for free. 2 The Supreme Court considered the question whether the first appeal was representatives of the deceased on record under Order 22 Rule 4 of the Code was dismissed earlier as not maintainable. of Rawata Ram - Rajasthan. Follow these guidelines for effective drafting: Clearly State the Purpose: Clearly articulate the purpose of the application - bringing the May 13, 2021 · Application of Order to appeals. C on contest exempting the plaintiff from substituting the legal heirs of the deceased defendant no. 1993, I. Usha Gopala 3 Gowda, who is the wife of K. Suit in name of wrong plaintiff. Rs. P Application of Order to appeals. Jan 9, 2025 · What is the application process under Order 22 Rule 4 CPC? The application process includes several steps. (2) Before making an order under this rule, the Court-(a) may require notice of the application for the order to be given to such(if any) of the persons having an interest in the estate of the deceased person as it thinks fit; and (b) shall ascertain that the person proposed to be appointed to represent the estate of the deceased Mar 9, 2011 · CMP No. 2013 allowed the application under Order 22, Rule 4 (4) of C. After hearing the parties, the learned lower court dismissed the application under Order 22 Rule 4 and Section 5 of the Limitation Act and admitted the application of the non-petitioner no. WHEN APPEAL ABATES AS A WHOLE FOR NOT BRINGING LEGAL REPRESENTATIVES OF KARTA ON RECORD. Hence, the present application under Order 22 Rule 4 of CPC read with Section 151 CPC stands allowed. ” V. 73/08/95 Page No. Any order for an injunction may be discharged, or varied, or set aside by the Court, on application made thereto by any party dissatisfied with such order: Provided that if in an application for temporary injunction or in any affidavit support such application a part has knowingly made a false or misleading 2. 12. 5. The Necessity of Order 22 CPC Order 22 serves the essential purpose of ensuring that civil suits can proceed despite personal changes in the status of parties involved. What is Order VI Rule 17 CPC? Order VI Rule 17 of the CPC empowers parties to amend their pleadings at any stage of the proceedings, provided such amendments are necessary for Jan 17, 2022 · The interplay between the right of appeal under Section 96(2) of the Code and an application under Order IX Rule 13 to seek setting aside of an ex parte decree came up for consideration before the Supreme Court in the case of Bhanu Kumar Jain vs. Pending suit, the revision petitioner, who claimed to be sister, had filed an Interim Application in I. Smt. May 25, 2023 · 20. On May 15, 1992, Mahendra Kumar moved an application under Order 22 Rule 4 (subsequently amended as 3), C. However, D7 died before filing of the suit. Aug 2, 2021 · Order 23, Rules 1(3) and (4) and Order 2, Rule 2 . He states that the Petitioner has filed an application under Order IX Rule 13 of CPC befor. Application of Order to proceedings. Details. 1 Gulab Singh died on 1their legal representatives Mar 24, 2019 · Order 22, Rule 9 CPC. And: 1. A No. Ashrab, (1998) 3 SCC 148, it is held that abatement does not apply to execution proceedings. Dismissing the application under Order 22 Rule 3, 4, CPC vide order dated 1-7-2000, the Civil Judge treated the suit as abated on the demise of Jimni. could not have been filed under Order 22, Rule 4 (4) read with Section 151, C. Provisions related to insolvency of party. What is Order 9 Rule 9 of Civil Procedure Code , 1908 Restoration Petition in case of Dissmiss for Default – In the application of this Order to appeals, so far as may be, the word Word Λόγος “plaintiff” shall be held to include an appellant, the word “defendant” a respondent, and the word “suit” an appeal. The plaintiff filed a suit against the deceased defendant and is seeking to add the defendant's son as the legal representative to the suit as the right to sue survives despite the defendant's death. Rule 9 of Order XXII provides for the effect of abatement or dismissal, stating : “9. p. 58 of 1987 as abetted on the demise. 2 underOrder 22 Rule 4(4) CPC. That the contents of accompanying application under Order 22 Rule 3 r/w Section 151 of C. 1890 of 2021 (Shivam Sharma v. The explanation given by the counsel that he moved an application Under Order 22 Rule 10 CPC for ascertaining the information to the counsel for defendant. Format for Order 22 Rule 3 of CPC Petition (In Case of Death of Sole Plaintiff) The "Format for Order 22 Rule 3 of CPC Petition" is a legal document template designed to address situations where the sole plaintiff in a civil case under the Code of Civil Procedure (CPC) passes away during the pendency of the lawsuit. 1 . Where a suit is dismissed under rule 2 or rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit, or he may apply for an order to set the dismissal aside, and if he satisfies the Court that […] application under Order 9 Rule 4 read with Section 151 of the Code of Civil Procedure, 1908, for setting aside an order-dated 26. Sep 16, 2021 · 3. Rule 11 relates to application of Order 20 to appeals. Rs. Rule 5 relates to determination of question as to legal representative. 88Chand expired during pendency of the suit and on an application under Order 22 Rule 3 CPC, his legal representatives were taken on record on 4-5-2013 and amended cause-tileplaintiffs application under Order 22 Rule 4(4) CPC qua the LRs of defendant No. Where the appeal against a joint decree abates against the respondents due to failure to bring the legal representatives on record, then the appeal abates as a whole1. ) Apr 28, 1998 · Few days after expiry of 30 days, an application was filed under Order 37 Rule 4 read with Order 9 Rule 13 CPC. BAR UNDER THE RULE AGAINST LEGAL REPRESENTATIVES. Nothing in Rules 3, 4 and 8 shall apply to proceedings in execution of a decree or order. C, and another under Order 1 Rule 10, C. No. 11 of 13 and same is after 2½ years, this application under Order 22 Rule 4 read with section 151 CPC and section 5 of the Limitation Act was moved. In the application of this Order to appeals, so far as may be, the word "plaintiff shall be held to include an appellant, the word "defendant" a respondant, and the word "suit" an appeal. viz. Nothing in rules 3, 4 and 8 shall apply to proceedings in execution of a decree 22, Rule 4A of CPC and the consequent order passed by learned Single Judge on the same day i. I do not find any force in the submission of the learned counsel for the non-petitioners. Calcutta. 12115/2010 filed on behalf of the plaintiff-appellant under Order 22 Rule 4 CPC for bringing on is a fit case to condone the delay. These rules talks order 22 rule 4 cpc # Order 22 Rule 4 of the CPC: Overview and Application ## Introduction Order 22 Rule 4 of the Code of Civil Procedure (CPC) addresses the procedure to be followed when a party to a suit dies. DEPONENT. PRAYER It is, therefore, most respectfully prayed that your Honour may be to set aside the ex-parte dismissal order and restore the suit in its on and dispute it of on merits after taking evidence and hearing the May 17, 2021 · Drafting of application for bringing on record LR's & Provisions under CPC Order 22 Rule 3 & 4 CPC. Counsel for applicant, in view of concrete decision given by Supreme Court in paragraph no. 2003 Order XXII Rule 3 and 4 have no application to the present case as preliminary decree Format of affidavit for application to restore a dismissed suit under Order IX Rule 9. has been drafted under my instructions, which has been read and understood by me and I say that the contents of the same are true and correct. Order for injunction may be discharged, varied or set aside. You need to prepare and file the application, submit documents, and follow time limits. Oct 21, 2024 · To bring on the LRs of the Defendant or the Respondent, the Plaintiff or the Appellant has to steps has to be taken under Order 22 Rule 4 within the period of 90 days. If an appeal is filed, the court can Sep 2, 2023 · These provisions cannot be extended to an application under Order 9, Rule 9 of the Code and at the instance of a respondent or any other elector a dismissed petition cannot be restored1. The trial Court itself did not choose to dismiss the suit of the plaintiff as abated even after dismissing the application filed by the plaintiff under Order 22, Rule 4, CPC by order dated 27-11-1995. Jul 12, 2022 · Order XXII Rule 4 CPC - Appeal As A Whole Does Not Abate Merely Because LRs Of Some Deceased Respondents Were Not Brought On Record: Supreme Court LIVELAW NEWS NETWORK 12 July 2022 5:12 PM IST Guidelines for Drafting Application under Order 39, Rule 4 CPC for Discharge or Variation of Interim Injunction Order: An application under Order 39, Rule 4 of the Code of Civil Procedure (CPC) is used when a party seeks the discharge or variation of an interim injunction order. V Apparao …Petitioner/impleaded Petitioner in AS No. 10, C. The application under Section 5 of the Limitation Act for condonation of delay in filing the application under Order 22 Rule 4 of the C. Procedure in case of assignment before final order in suit. However, appellant herein preferred Civil application No. – Nothing in rules 3, 4 and 8 shall apply to proceedings in executive of a decree Feb 16, 2015 · At this juncture, it will be worthwhile to mention here that in the application under Order 22, Rule 3 or under Order 22, Rule 4, CPC, one is required to make prayer only for impleading the legal representative of deceased plaintiff/defendant and in application under Order 22, Rule 9, CPC as well as Section 5 of the Limitation Act, one is Since this court is of the considered view that rules of procedure are handmade of justice and no doubt that after the expiry of 90 days from the date of death, the application was required to be filed by the plaintiff under order 22 rule 9 of CPC, but, same is not filed under order 22 rule 9 of CPC Suit No. Procedure in case of death of one of several plaintiffs or of sole plaintiff. C. Nov 23, 2015 · Order 22 Rule 4(3) CPC for abatement of the writ petition on the ground that the writ-petitioner was having the knowledge of death of sole respondent and an intimation tArticle 226 of the Constitution of India read with Order 22 Rule 4(3) CPC was filed on 28. No steps were taken to bring on record the legal representatives of the 4th defendant under Order 22, Rule 4, C. According to this Rule, where the plaintiff becomes insolvent, the suit shall not abate and can be continued by his receiver or assignee for the benefit of his creditors. dated 22. was also filed by the appellants before this Court on 15. Order 22 CPC inter alia deals with death of parties. In the application of this Order to appeals, so far as may be, the word “plaintiff” shall be held to include an appellant, the word “defendant” a respondent, and the word “suit” an appeal. 2011 in F. The rules within this Order emphasize the need for continuity in legal proceedings and safeguard the rights of parties, allowing litigation to continue without interruption. P. ”) has been Unlock legal drafting effortlessly with our Ready-Made Format for Order IX, Rule 9 of the CPC. 3 . 4706 of 2011 under Section 146, 151, Order 22, Rule 10 and Order 22, Rule 4A of the Civil Pris not entitled to any discretionary reli Sep 25, 2022 · “10. Apr 22, 2023 · 4. 30 of the judgment by holding that the Rent Controller did Sep 30, 2023 · The rule related to marriage of the party defined under Rule 7. 7. Smt Sep 15, 2021 · ), whereby two applications i. 1. Gopala Gowda is shown as the sole legal representative in the application. 4706 of 2011 under Section 146, 151, Order 22, Rule 10 and Order 22, Rule 4A of the Civil Pris not entitled to any discretionary reli Oct 3, 2017 · Learned counsel for the appellant/original plaintiff contended that the subsequent application under Order 1 Rule 10 of Code could not be dismissed by applying the principle of res-judicata merely because the application filed earlier under Order 22 Rule 4 of the Code was dismissed on account of non-maintainability; that the appellant has Feb 25, 2009 · Order 22, Rule 4 CPC has been rejected, and the case has not been declared as having abated. 2009. 05. Cthat no executor has been named in the will Ex. Therefore Oct 6, 2022 · Order 22 Rule 12 reads as under: “Application of order to proceedings. In other words, an application for setting aside the abatement has to be treated at par and the principles enunciated for condonation of delay under Section Feb 25, 2009 · The facts of the case are that suit No. (1) Where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the same cause of action. WHEN ABATEMENT OF APPEAL AS A WHOLE. 2017 by which judgment, the Writ Petition filed by the appellant challenging the order of Additional District Judge dismissing the application of the plaintiff under Order VI Rule 17 of the Civil Procedure Code (hereinafter referred to as “C. (2) The attachment of a decree pending an appeal therefrom shall be deemed to be an Oct 5, 2017 · But the bench also observed that the trial court could have treated the said application filed under Order 22 Rule 4 of the Code as one filed under Order 1 Rule 10 of the CPC, in order to do A similar procedure has been laid down in case of death of one of the several defendants or a sole defendant in Rule 4 of Order XXII. 2018, passed by the Trial Court, by which the application of the respondent/plaintiff for substitution of the deceased defendant, under Order XXII Rule 4 of the Code of Civil Procedure, 1908 [hereinafter referred to as "CPC"], was allowed. Order XXII Rule 10 Rakesh Kumar Gupta vs Ravindra Kumar Gupta [AIR 2009 (NOTES OF CASES) 2262] – The beneficiary under a will cannot file an application under Order XXII Rule 10 of CPC during the lifetime of the testator. WITH AFFIDAVIT. 2010, dismissing the claim case for want of pro. Gopala Gowda. CMP No. In t(1887) 14 IA 111, ILR (1887) 11 Bom 620 (PC). Parul), pending before him expeditiously within a time bound period. Where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the Court shall cause an entry to the effect to be made on the Jul 14, 2022 · The Delhi High Court has held that applications under Order XXII Rule 3 of CPC for substitution of legal heirs, or under Order XXII Rule 9 of the Code for setting aside abatement of proceedings Feb 26, 2022 · After hearing both the sides Court stated the impugned order notes that an application under Order 39 Rule 4 CPC is permissible only if in the application seeking temporary injunction or in the affidavit supporting such application, a party has made false and misleading statement in respect to a material particular and injunction was granted Jan 6, 2025 · A Single Bench of Justice H. – (1) Where a suit has been instituted in the name of the wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, the Court may at any stage of the suit, if satisfied that the suit has been instituted thought a bona fide mistake, and that it is necessary for the determination of the real Aug 11, 2024 · "I have filed an application under Order 22, Rule 4(4) of the CPC before the trial court, but the suit was dismissed. Every application of the kind specified in Rules 5 and 6 of these rules and every application under Order XXII. Rules 1, 2, and 4 of Order 22 of CPC provides different procedures. The said order is challenged in the present application. ASCJ, Karkardooma Courts Delhi in CS No. learned counsel for the petitioner argues that Order 9 Rule 13 CPC is not applicable to this case and for filing an application under Order 37 Rule, Rule 4, C. CPC Drafts; Miscellaneous pleadings Bombay High Court acquits law clerk in 22-year-old bribery case - BareLaw Nov 3, 2009 · A conjoint reading of Order 22 Rules 5 and 10 CPC, makes it very clear that the ingredients under Rule 5, are eand others) has held that the decision taken under Order 22 Rule 5 CPC is only for a limited purpose and it is not a final determination of the question with regard to Oct 12, 2021 · The present petition challenges the impugned order dated 28 th August, 2021, passed by the ld. Jul 8, 2010 · Order 22 Rule 9 (3) of the CPC contemplates that provisions of Section 5 of the Indian Limitation Act, 1963 shall apply to an application filed under Sub Rule 2 of Rule 9 of Order 22, CPC. In view of above, Application No. With regard to application U/o 22 Rule 4 ( V) ( B) CPC and condonation application U/s 5 of the Limitation Act. The learned District Munsif dismissed the application on the grounds that (i) the plaintiffs wantonly delayed in filing the petition to protract the proceedings; (ii) since the suit had been abated against second defendant, and as it was dismissed on 1. Jan 18, 2016 · APPLICATION UNDER ORDER 9 RULE 4 OF CPC, READ WITH SECTION 151 OF CPC, ON BEHALF OF PETITIONER, FOR RESTORATION OF PRESENT OBJECTION PETITION. The learned counsel for the petitioner has contended that withOrder 22 Rule 4 CPC, the learned Magistrate has exempted the plaintiff from bringing on record the legal representatives of the respondent No. (1) Where a suit abates or is dismissed under this Order, no fresh suit shall be brought Mar 24, 2019 · Order 22, Rule 2 CPC. could not be granted by the court because the application for such an exemption had not been filed within 90 days of the deathnecessary and the court can of its own accord exercise its discretion in this Mar 12, 2021 · 22, Rule 4A of CPC and the consequent order passed by learned Single Judge on the same day i. HIGH COURT AMENDMENTS. The trial court held that the suit has abated 13. Rule 10 of the Code of Civil Procedure, to make the petitioner or some other person an additional or substituted party in a suit or appeal, shall, as to the allegations of fact contained in such application, be verified by The son of the deceased 1st respondent filed an application under Order 1, Rule 10, C. Oct 1, 2015 · This Court also explained that a person who has a direct interest in the subject-matter of the suit for specific performance of an agreement of sale may be impleaded as a proper party on his application under Order 1 Rule 10 CPC. This Court concluded that a purchaser of the suit property subsequent to the suit agreement would be a necessary Apr 1, 2024 · Order 9 Rule 4 of CPC in Case No. E. doc / . Aug 29, 2020 · Whether legal representatives of deceased party can be impleaded under Order 1 Rule 10 CPC when application under Order 22 Rule 4 was dismissed? Facts: · The appellant initially filed a suit for setting aside a sale deed for a land purchased by D7. Follow these guidelines for effective drafting: Clearly State Relief Sought: Clearly articulate whether you seek the Order XXII Rule 10 Rakesh Kumar Gupta vs Ravindra Kumar Gupta [AIR 2009 (NOTES OF CASES) 2262] – The beneficiary under a will cannot file an application under Order XXII Rule 10 of CPC during the lifetime of the testator. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that This Court referred to the provision of Order 1 Rule 10(2) and Order 22 Rule 10 CPC as also Section 52 of the Transfer of Property Act Act Greek πράξη, 1882 and observed: Section 52 of the Transfer of Property Act is an expression of the principle “pending a litigation nothing new should be introduced”. Effect of abatement or dismissal. . S. 5, infra. Jul 11, 2006 · The said application wasdistinction between statement of material facts which is required under Order 6 Rule 2 CPC and particulars which are required to be stated under Order 6 Rule 4 CPC. Andhra Pradesh. ] Feb 3, 1992 · The 14th defendant is an alienee of the suit lands which were in possession of the 4th defendant as tenant. That the defendant died on . 4A. The provisions of Order 22 Rule 10 CPC apply only if there is a pending suit which can be continued. It is crafted to ensure adherence to the procedural requisites of the court and to present the facts, issues, and prayers for relief in a clear and concise manner. to implead him as the legal representative of the deceased 1st respondent. Order 22 Rule 4. Mohd. pdf), Text File (. M. 6. Admittedly, defendant No. , regarding (he special circumstances, if any, which may Sep 6, 1995 · After the death of Nand Kaur, an application under Order 22 Rule 4 of Code of Civil Proced/appellants filed an application under Order 22 Rule 10 of CPC claiming their right of assignment during the pendency of the suit but the said application was dother under Order 41 Rule 1 (L) of CPC against the order dismissing application filed Guidelines for Drafting Application under Order 22, Rule 3, CPC: An Application under Order 22, Rule 3 of the Code of Civil Procedure (CPC) is utilized when a party wishes to bring on record the legal representatives of a deceased party in a pending suit. Dec 24, 2024 · This article explores the procedural aspects and significance of filing an Application Under Order VI Rule 17 Read with Section 151 of the Civil Procedure Code (CPC). (1) If, in any suit, it shall appear to the Court that any party who has died during the pendency of the suit has no legal representative, the Court may, on the application of any party to the suit, proceed in the absence of a person representing the estate of the deceased person, or may by order appoint the Aug 2, 2021 · ORDER PASSED UNDER ORDER 38 RULE 1 CPC NOT APPEALABLE . It outlines the implications of such a death on the continuation of the suit and the necessity of bringing legal representatives on inquiries and trials, general provisions as to [sections 337 to 366 of bnss] power to postpone or adjourn proceedings [section 346 of bnss/section 309 of cr. The non-filing of an affidavit is a curable irregularity. As per Order IX Rule 9 of Code of Civil Procedure, (1) Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action. Application of Order XXII, Rule 4 of CPC. 33 of 2021, in accordance with law, after hearing all affected parties, preferably within aappropriate order or 25. The Trial Court to proceed further Jan 24, 2024 · APPLICATION UNDER SECTION 22 C. The court has Interconnected Reliefs: The interconnected nature of reliefs sought under Order 22, Rule 3 or 4, CPC and Section 5 of the Limitation Act justifies the consideration of a consolidated application for impleading legal representatives of deceased parties Mahendra VS L. 01. 2876/2012, 2877/2012 and I. Plaintiff May Bring Fresh Suit Or Court May Restore Suit To File. 8. In the context of this case, the question, in essence is - whether the application under Order 22 Rule 10 filed on behalf of the Yapi Kredi Bank AG on 11. aged . 4 After remand the lower Appellate Court by its order dated 31. From the aforesaid judgment, I cannot find any such decision given by Supreme Court to say that application under Order 37 Rule 4 CPC is maintainable. 58 of 1987, declaring First Appeal No. 1, one Balu, negating the case of defendants Jun 5, 2023 · Differentiating the ambit and scope of Order-1 R-10 (2) and Order-XXII R-4 CPC, the Jammu and Kashmir High Court has ruled that while Order-1 R-10 (2) enables the Court to add, substitute or strike Rule 4-A: Procedure where there is no legal representative— (1) If, in any suit, it shall appear to the Court that any party who has died during the pendency of the suit has no legal representative, the Court may, on the application of any party to the suit, proceed in the absence of a person representing the estate of the deceased person, or may by order appoint the Administrator-General Feb 25, 2009 · Later the plaintiff also moved an application under Order 22, Rule 4(4) CPC on whether exemption under Order, 22 Rule 4(4) C. VERIFICATION :- Mar 24, 2019 · Order 41, Rule 22 CPC. 493/2003 under Order XX Rule 18 CPC on 07. Nov 27, 2023 · Time Constraints (Rule 4): Legal representatives must apply for substitution within 90 days of the party’s death, subject to court’s discretion for extension. Parmanaand Agarwal v. 5271 of 2017 under Order 22 Rule 4 of C. Upon hearing respondent may object to decree as if he had preferred a separate appeal. - Free download as (. 08. Jul 21, 2021 · The applicant most respectfully submits as under:- 1. The application for bringing the legal heirs of a deceased defendant on record under Order XXII Rule 4 must be in writing, in the language of the court, and supported by an affidavit. It is evident from Rule 1(2) of Order 43 that an order passed under Order 38, Rule 1 is not appealable in nature though an order under Rule 2 which is to be passed after the defendant is brought before the Court and where he fails to furnish security is appealable. 1989. 10. Strangely though the petitioner has appended his reply to the application preferred by the defendants under Order 37 Rule 3(4) CPC but conspicuously no 2 of 3 mixed question of facts and law. C r/wThe first respondent filed a suit in O. 8 of 1985 on the file of High Court. Uthirapathi v. 1. Introducing the Readymade Format for Order 39 Rule 4 of CPC Petition for Variation or Discharge of Injunction Order: Our Readymade Format for Order 39 Rule 4 of the Code of Civil Procedure (CPC) is a comprehensive and professionally crafted template designed specifically for filing a Petition seeking the Variation or Discharge of an Injunction Order. 734/18 titled Farha Rehman v. and he is the only legal representative of the deceased defendant. Mar 24, 2019 · Order 22, Rule 4A CPC. Questions as to limitation are governed by the Limitation Act, 1963l see para. The bare reading of Order 22 Rule 4 of the Code makes it clear that Order 22 Rule 4 of the Code applies only in the case where the death of one of the several defendants or the sole defendant occurs during the subsistence of applications of the petitioners, one moved under Order 22 Rule 3, C. Instantly downloadable, precise, and cost-effective, it simplifies the application process, ensuring compliance and saving you time. 9. HIGH COURT AMENDMENTS Andhra Pradesh. Since there is no bar for the petitioner to have brought fresh proceedings as is permissible under Order 9 Rule 4 CPC; therefore, instead of dwelling on 23. Under sub-rule (4) of Order 23, Rule 1, when plaintiff withdraws from the suit without permission to file fresh suit for the same subject matter as contemplated under sub-rule (3) then such plaintiff is precluded from filing any fresh suit in respect of the same subject matter. The first point concerns Order 22, rule 4, under which non-substitution of a legal representative heads to abatement of the suit. In the application of this Order to appeals, so far as may be, the word "plaintiff shall be held to include an appellant, the word "defendant" a respondent, and the word "suit" an appeal. The trial court held that the suit has abated Sep 19, 2023 · ORDER PASSED UNDER ORDER 38 RULE 1 CPC NOT APPEALABLE. Insolvency of the party, defined under Rule 8 of Order 22 of CPC. It is held as under: “12. I have now filed an appeal before the ADJ, and summons were issued to the defendant for whom I had taken an exemption from bringing the legal heirs on record. Order 22, rule 4-power to relax-whether should be given. -In Order XXII, in rule 11, insert the following proviso (b) the plaintiff applies after the expiry of the period specified therefor in the Limitation Act, 1963 (36 of 1963), for setting aside the abatement and also for the admission of that application under section 5 of that Act on the ground that he had, by reason of such ignorance, sufficient cause for not making the application within the period Oct 15, 2017 · Learned counsel for the appellant/original plaintiff contended that the subsequent application under Order 1 Rule 10 of Code could not be dismissed by applying the principle of res-judicata merely because the application filed earlier under Order 22 Rule 4 of the Code was dismissed on account of non-maintainability; that the appellant has Feb 25, 2009 · The facts of the case are that suit No. Aug 1, 2024 · application under order 39 rule 4 cpc for discharge or variation of interim injunction order अंतरिम निषेधाज्ञा आदेश के निर्वहन या परिवर्तन के लिए आदेश 39 नियम 4 सीपीसी के तहत आवेदन। कोर्ट में 1. Dec 14, 2001 · The said application was served with notice in the application under Order XXII Rule 4 of CPC. Jul 1, 2019 · The revisionist assails an order dated 30. 2018 and even if prior to filing the aforesaid application, no formal applic Oct 27, 2024 · The plaintiff can also appeal the restoration of the original dismissed application under Clause (c) of Order 43 Rule 1, of the CPC as both the remedies (i. This appeal has been filed against the judgment of Delhi High Court dated 02. 10824 of 2010 before the VI Additional Judge,City Civil Court, Chennai against the second respondent claiming the sale deed datedCPC to implead herself as 6th defendant in Aug 20, 2014 · 2. 1 Virendra Singh expired Dec 7, 2013 · The petitioners filed I. 2879/2012 filed under Order 22 Rule 4 CPC, under Orderthe application under Order 22 Rule 4 CPC (I. 11. 22. A.