31. Krishnaveni and Others VS Ramachandra Naidu and Another - 24 Feb 98

Exemption from substitution of L.R.can be granted by court at any time before judgment.

Code of Civil Procedure, 1908-Order 22, Rule 4(1)-Plaintiff filing suit for partition and possession-Due to death of second defendant ... suit abated against second defendant-Question of exemption from substitution of L.R.raised-Held, exemption can be granted by court ... He failed to exercise jurisdiction vested in him under Order 22 Rule 4 (4) CPC. ... Parappan, 1969 AIR(Mad) 309, observed that 'the provisions of sub-rule (4) of R. 4 of O. 22 are applicable to appeal as well as to ... R. 4 (4), could be availed of at any time before judgment.

India - Madras

32. Manun Khatoon VS Usman Mian - 12 Jul 90

Code of Civil Procedure, Sec 2 and Order 22 Rule 4(4)-the petitioners were purchasers from defendant no.2-suit proceeded ex-parte ... (Paras 3, 4 & 5) ... (4) of the Code of Civil Procedure. ... (4) of the Code of Civil Procedure. ... On 7-10-1986, an application was filed by the plaintiffs under Order XXII, Rule 4 (4) of the Code of Civil Procedure stating that

India - Patna

33. Bhagirath Mal VS Bhagwan Dutt - 27 Apr 95

Civil Procedure Code – Order 22 Rule 4(4) and Section 151 – Abetment of appeal – The appeal was dismissed as having abeted as the

India - Rajasthan

34. Mostt. Sharda Kuer VS Basudeo Mistri - 05 Apr 05

Code of Civil Procedure, 1908 - Section 100 r/w Order 22, Rule 4(4) - Second appeal - Interference with the decree against a dead ... , Rule 4(4) of the Code of Civil Procedure, which is set out herein below for the facility of quick reference:- "O.XXII R.(4) Ramrati (plaintiff no. 4).

India - Patna

35. SHIV NARAIN PANDEY VS K. B. DEGREE COLLEGE ASSOCIATION, MIRZAPUR - 22 Jan 07

Rule 4(4)—Applicability of—Where one of the defendants filed written statement then Order XXII, Rule 4(4) CPC would be inapplicable ... (A) Code of Civil Procedure, 1908—Section 47—Execution of decree—Objection filed under Section 47—Suit filed for possession of land—Defendant ... No written statement filed—Ex-parte decree would not be nullified for want of substitution of heirs—Objections under Section 47 CPC ... 4) was sought by the plaintiff. ... Bal Kishan, A.I.R. 1984 S.C. 1381. ... 4), C.P.C. would not be applicable.

India - Allahabad

36. BUDH RAM VS BANSI - 05 Aug 10

(A) Civil Procedure Code, 1908, Or. XXII, R. ... k fd vkns'k 22] fu;e 4¼4½ nhokuh izfd;k lafagrk] 1908 ykxw ugha gksrkA ¼izLrj 13½ ... & ... XXII, R. 4(4) — Applicability — Provision requires the presentation of an application before the Court within prescribed period, ... 4) CPC were not attracted in the facts of this case. ... Parwatu, respondent No. 4, before the 1st Appellate Court on 16.10.2001, under order XXII Rule 4 of the Code of Civil Procedure, ... Provisions of Order XXII Rule 4(4) CPC, provide that in case, the deceased defendant did not contest the suit and did not file a

India - Uttarakhand

37. Mata Prasad Mathur (dead) by LRs VS Jwala Prasad Mathur - 20 Feb 13

4) of the CPC. ... Civil P.C., 1908 -- O.22 R.4 -- plaintiff's necessity to bring the legal representative of deceased defendant -- can be exempted ... kz iw.kZ djus ds fofufnZ"V fopkj ls vkns'k 22 fu;e 4¼4½ dk mica/k lfEefyr fd;k gSA fdlh ck/;dkjh izfrdwy dkj.k ds vHkko esa fupys ... 4) of the CPC. ... 22.2 The first point concerns Order 22, rule 4, under which non-substitution ... At one stage we were inclined to add sub-rule (4) in Order 22, rule 4 as follows : p align

India - Madhya Pradesh

38. Ram Lal VS Jethu Ram - 31 Mar 21

Code of Civil Procedure, 1908 – Order XXII, Rule 4 – Nullity on account of failure – Petitioners have sought ... (4) to the CPC vide Section 73(i) of Act 104 of 1976 – It is noteworthy that in the original Bill, the provision of Order XXII Rule ... 4(4) was not included – Entire discussion is still academic in nature as it is more than settled that if the Court is satisfied ... (4) CPC. ... (4) of the CPC. ... (4) CPC have been fully met.

India - Himachal Pradesh

39. Garlapati Negeswara Rao VS Devarapally Venkateswara Reddy - 22 Feb 06

Code of Civil Procedure – Order 22, Rule 4(4), 11 – Relief of partition – Separate possession – Petitioner ... 4) of Order 22, is not automatic and it can be granted only when an application is made, and in that view of the matter, the benefit ... the instance of another party, it shall be open to him to make such application, at any time, till the appeal is disposed of – C.R.P ... Rule 4(4) of Order 22 C.P.C ... 4) of Order 22, is not automatic and it can be granted only when an application is made, and in that view of the matter, the benefit ... , Rule 4(4) C.P.C., has a direct application to the facts of the case.

India - Andhra

40. Dharam Singh VS Mukhtiar Singh - 17 Mar 04

the LRs of defendants who has not appeared to contest the suit – Held – Sub-rule (4) of Rule 4 of Order 22 CPC is only enabling ... C.P.C., Order 22 Rule 4(4), Order 8 Rule 10 – Bringing on record the LRs of the Sole defendant – Exercise of discretion of not impleading ... ... The sub-rule (4) of rule 4 of Order 22 C.P.C. is only enabling the

India - Rajasthan