21. Amar Nath Chaudhary VS Mahendra Prasad Singh - 14 Sep 09

Code of Civil Procedure, 1908-Order XXII, Rule 4(4) r/w Order I, Rule 10-Exemption from substitution-Exemption under Order XXII, ... Rule 4(4) is not automatic-Plaintiff must seek permission of court-After death of defendant, neither suit had abated nor permission ... Title Suit No.51 of 1997, whereby he had rejected the petition filed on behalf of the petitioners under Order i, Rule 10 (2) of the Code ... This matter was earlier heard on 22-12-2006 by a Bench of this Court and notice was issued upon the plaintiff-opposite party No.1 ... Learned Counsel for plaintiff-opposite party No.1, submitted that on 22-12-1997, title Suit concerned was posted for ex parte hearing

India - Patna

22. N. Mangathayaramma VS N. Appanna - 25 Apr 89

CIVIL PROCEDURE CODE, Or 22, Rule 4 (4) as amended by Amendment Act of 1976 - Scope of Death of one of the defendants who was set-exparte ... in a suit Application by plaintiff seeking exemption under Or 22, Rule 4 (4) - Dismissal - Not sustainable ... Held : Rule 4 (4) of Order 22 provides that the deceased a defendant must have failed ... No, 612/1987 was filed by the petitioners/ plaintiffs seeking exemption under order 22 Rule 4 (4) of the Code of Civil procedure, ... Order 22 Rule 4 CPC provides ... ) SUB-RULE (4) of Rule 4 of Order 22 was brought on statute by C.

India - Andhra

23. Billan Khan VS Sardar Khan - 04 Oct 10

Civil P.C., 1908 -- O. 22 R. 4 (4) -- further proceedings of the trial Court stayed -- effect -- no bar in filing substitution application ... & vk- 22 fu- 4 ¼4½ & fopkj.k U;k;ky; dh vkxs dh dk;Zokfg;ka jksd nh xbZ & izHkko & fopkj.k U;k;ky; esa izfrLFkkiu vkosnu Qkby djus ... [Paras 3 & 4 ... flfoy izfdz;k lafgrk] 1908 ... Rule 4 (4) of CPC. ... , Rule 3 or Rule 4, of the Code of Civil Procedure. ... , Rule 3 or Rule 4, of the Code of Civil Procedure or an application under Order 39, Rule 1 or Rule 2 or an application under Order

India - Madhya Pradesh

24. BADA KRISTAPPA ALIAS KRISHNA REDDY VS MAYA KUNTLA NARASIMHA REDDY - 11 Jul 80

Civil Procedure Code, Order 22, Rule 4(4) as introduced by Amendment Act of 1976-Of the defendant in a suit not filing written statement ... by the Civil Procedure Code (Amendment) Act, 1976 ... A I R 1975 Cal ... ;C R P Allowed ... by the Civil Procedure Code (Amendment) Act, 1976. ... Rule 4 (4) C. ... Rule 4 (4) c.

India - Andhra

25. T. Gnanavel VS T. S. Kanagaraj & Another - 12 Apr 07

Decree passed against a dead person is a nullity.

- condition set out in order 22 Rule 4(4) discussed. - only memo filed after pronouncement of judgment by plaintiff - same recorded ... CIVIL PROCEDURE CODE - ORDER XX RULE 4(4) - ABATEMENT - Exemption to implead LRs of deceased by plaintiff - exemption is not automatic ... CIVIL PROCEDURE CODE, 1908 - CIVIL REVISION PETITION SECTION 115 - Revision filed by LRs of landlord against the order of Execution ... 4(4) of CPC and requested the trial court to exercise its power under Order 22 Rule 4(4) CPC. ... Even otherwise, in view of sub-rule(4) of Rule 4 of Order 22 of the Code of Civil Procedure ... It would be necessary to refer to Order 22 Rule 4 of the Code of Civil Procedure, 1908, insofar

India - Madras

26. ABDUL GAFFAR VS VIIIth ADDITIONAL DISTRICT JUDGE, KANPUR NAGAR - 25 Aug 08

Code of Civil Procedure, 1908—Order XXII, Rule 4 (4)—Applicability of—Eviction of shop—Substitution application—Maintainability of—Legal ... heir not given consent for being impleaded as appellants—By virtue of provision of Order XXII, Rule 4(4), CPC, it is not essential ... Secondly, even if the principle of Order 22 Rule 4(4) applies, still by virtue of the said ... Rule 4(4), C.P.C., it was not necessary to implead his heirs. ... substitution application through order dated 7.8.1996 on the ground that Abdul Rajjak had not appeared, hence by virtue of Order 22

India - Allahabad

27. Rajnath Sahgal VS Shiva Prasad Sinha - 28 Nov 78

Code of Civil Procedure, O. 22 R. 4 (4) - (per B.P. Jha, J.) ... there might have been a deemed abatement of a suit simply by efflux of time limited by statute - Any order of abatement in clause (r) ... Agrawal, J) - Provision inserted by section 97 (2) (r) of the amending Act applies to all such cases where no express order of abatement ... of Order 22, Rule 4. ... of Order 22, Rule 4. ... of R.4 of O.22 is intended to apply to all such cases where even the deemed abatement might have taken place, i.e., the period of

India - Patna

28. Ajay Singh VS Birma Devi - 11 Mar 11

C.P.C., Order 22 Rule 4(4) — Substitution of legal representative — Ex-parte proceedings against the father of the petitioner — Process ... ... fl-iz-la-] vkns'k 22 fu;e 4¼4½ & fof ... izfrLFkkiUu & izkFkhZ ds firk ds fo:) ,di{kh; dk;Zokgh & firk ij vknsf'kdk dh rkehy djk;h ,oa ,di{kh; dk;Zokgh vkjEHk dh & firk dh e`R;

India - Rajasthan

29. Pradip Narain Singh VS Brij Nandan Prasad - 01 Dec 86

Code of Civil Procedure, O. 22 R. 4(4) - Provision applies even to those case where order of abatement has passed after the coming ... (Para 6) ... Code of Civil Procedure, 022 R. (4) - Where real owner is ... (Para 7) ... Code of Civil Procedure, Sec. 100 - Question of title neither ... Therefore, under O.22, R.4( ... Sri R.K. ... (r) would be better served by giving the interpretations that the benefit of sub-rule (4) cannot be given even to those cases where

India - Patna

30. Smitha VS V. Krishnan - 19 Dec 16

XLI R. 22 - The landlord is not needed to justify the claim is bonafide as if the claim or eviction under section 11(3) and 11(4) ... Kerala Buildings (Lease and Rent Control) Act 1965, Sections 11(3) and 11(4) (IV) 11(4)(ii), 11(4)(iii) and 11(4)(v) Civil Procedure ... is held under Section 11(4),and the same will be entitled to get the order of the eviction. ... Though O.XLI R.22 of the Code of Civil Procedure is not specifically applicable to appeals ... Section 22 of the Act states that the provisions of section 146 and Order 22 of the Code ... CPC.

India - Kerala