1. Gendalal VS Harisingh - 20 Mar 97

O. 22 Rr: – A CPC.

India - Madhya Pradesh

2. T. Venkata Narayana VS Venkata Subbamma - 29 Mar 96

Mere suit for injunction can not be converted into a suit for probation of a Will and direct parties to adduce evidence, be it primary or secondary.

65-Perpetual injunction suit-Pending suit defendant died-Respondents came on record under Order 22 ... Respondents have come on record under Order 22 Rule 4 CPC claiming that Venkata Subbamma had executed a Will in her favour. ... The High Court of A.P. in the impugned order made in C.R.P. ... 4.

India - Supreme Court

3. Satguru Sharan Shrivastava VS Dwarka Prasad Mathur - 14 Aug 96

CPC was clearly inapplicable. ... petitioner himself had got deleted first respondent on being informed about death of first respondent-Order 22 ... Shri Bagga, learned counsel for the petitioner, contended that by operation of Order 22, Rule 4(4), CPC as amended by CPC Amendment ... Therefore, the mere fact that the application came to be filed later is of no avail and Order 22, Rule (4), CPC is clearly inapplicable ... 4.

India - Supreme Court

4. Kok Singh VS Punjab and Sindh Bank - 10 Mar 97

O. 22 R. 4 (4) – – defendant not filing written statement – – his LRs need not be substituted – – decree ... The learned counsel for the Bank pressed into service the provisions of O. 22 R. 4 (4) a href=act

India - Madhya Pradesh

5. Rohitash VS Board of Revenue Rajasthan Ajmer - 15 May 12

CPC before the SDO – if defendant does not have any legal representative to claim in a suit – suit shall stand ... Rule 4 CPC before the Sub Divisional Officer Thanagazi. ... the petitioner claims to be adopted son of Murli, who is stated to have died, he would be free to move application under Order 22 ... 4.

India - Rajasthan

6. Sumtibai VS Paras Finance Co. Mankanwar W/o Parasmal Chordia (D) - 04 Oct 07

important pointMerely allowing the appellants to be impleaded but not allowing them to file an additional written statement will amount to violation of natural justice.

Order 22 Rule 4(2) CPC r/w OrderOrder 22 Rule 4(2) CPC r/w OrderCode of Civil Procedure, 1908 – Order 22 Rule 4 ... Rule 4(2) CPC read with Order 1 Rule 10 CPC was rejected. ... In our opinion, Order 22 Rule 4(2) CPC cannot be construed in the manner suggested by learned counsel for the respondent. ... After they were impleaded they filed an application under Order 22 Rule 4(2) read with Order 1 Rule 10 CPC praying inter alia, that

India - Supreme Court

7. Urban Improvement Trust, Jodhpur VS Gokul Narain - 10 Apr 96

1. Under the Central Land Acquisition Amendment Act payment of additional amount under Section 23(1-A) and of solatium under Section 23(2) cannot be applied to the award made prior to coming into force of the Rajasthan Amendment Act 29 of 1987 when land is acquired under the Rajasthan Urban Improvement Act.2. In Land Acquisition cases when the order awarding additional benefits is without jurisdiction, its nullity can be assailed at any stage including at the execution or in a collateral proceedings since it strikes at the very jurisdiction and authority of the Court.

(i) Civil Procedure Code, 1908-Order 22, Rule 10 ... A-Application filed under Order 22, Rule 4 within 30 days from date of knowledge-No delay in ... , Rule 4, CPC came to be filed within 30 days of the date of the knowledge ... Consequently, application for substitution under Order 22, Rule 4, CPC was filed on February 12, 1996. ... Even if it is assumed that abatement was caused, since application was filed under Order 22, Rule 4, CPC within 30 days from the ... , Rule 4, CPC came to be filed within 30 days of the date of the knowledge.

India - Supreme Court

8. Shahazada Bi VS Halimabi (Since Dead) By Her Lrs. - 30 Jul 04

If the interests of the co-defendants are separate, as in case of co-owners, the suit will abate only as regards the particular interest of the deceased party.

Civil Procedure Code, 1908-Order 22 Rule 4-Abatement ... Order 22 Rule 4 CPC lays down that where within ... Defendant No.4 was in possession of a room leased out to defendant No.5 for rent. ... Gulab Singh & Ors. reported in [AIR 1928 Lahore 573], it has been held that under Order 22 Rule 4(3) read with Order 22 Rule 11 CPC ... Order 22 Rule 4 CPC lays down that where within the time limited by law, no application is made to implead the legal representatives ... A careful reading of Order 22 CPC would support the view that the said provisions were devised to ensure continuation and culmination

India - Supreme Court

9. Kashiram VS Laxman - 25 Jan 91

(1) Civil Procedure Code, 1908 – – O. 22, R. 9 and 4 – – setting aside of ... No. 3433/90 under O. 22, R. 9 CPC for setting aside abatement (ii) I.A. ... , R. 4 CPC for bringing the LRs of the deceased respondents No.5 and 6 on record.

India - Madhya Pradesh

10. Zahirul Islam VS Mohd. Usman - 20 Dec 02

The appellant was entitled to be brought on record as LR of defendant 2 in the suit against deceased defendant 2 who had failed to file written statement as no permission as contemplated under Order 22 Rule 4(4) was obtained by the plaintiff obtained from the Court exempting the plaintiff from bringing LR of deceased defendant 2 on record.

CPC ... It would be necessary to refer to Order XXII Rule 4 of the Code of Civil Procedure, 1908, insofar as it is relevant, which reads ... (N.K.R.) Appeal allowed accordingly. *************** ... as under : "4.

India - Supreme Court