41. Karnunakar Palai VS Satyabhama Palai @ Behera - 06 Dec 16

Exemption granted by a Court to the plaintiff from substituting the legal representatives of a deceased-defendant is for the purpose of progress of the suit for its disposal in accordance with law without inviting the fatal effect of abatement and ultimately to see that the judgment and decree are immune from attack as having been passed against a dead person. But that has nothing to do with the right of the legal representatives to get themselves substituted or brought on record subsequently on their move in that regard in shutting the door of the Court thereby to participate in the suit. Thus the grant of exemption as above cannot stand on the way of the Court to give opportunity to those legal representatives of the deceased party who come forward to be impleaded as parties to the suit.

CIVIL PROCEDURE CODE, 1908 - Order 22 Rule 4 (4) (Amendment Act of 1976) - The word ‘may’ has been placed after the word ‘Court’ ... CIVIL PROCEDURE CODE, 1908 - Order 1 Rule 10 - Suit for partition - Application for impleadment as parties rejected - Writ - Discussing ... exemption has been granted by the Court in exercise of its discretion being satisfied with the pre-conditions laid down in Sub-rule (4) ... 1 (plaintiff) under Order 22 Rule 4 (4) of the Code. ... In other words, exemption to the plaintiff once granted as above under Order 22 Rule 4(4 ... Pertinent it is to mention that such provision of Sub-rule 4 Rule 4 of Order 22 has come to be introduced in the Code of procedure

India - Orissa

42. Shunmugathai (Died) VS A. R. Meenakshi - 28 Jul 17

ORDER : The respondents 1 to 4 ... is a nullity having been passed against a dead person, as rightly put forth by the plaintiffs' counsel, as per Order XXII Rule 4(

India - Madras

43. Pancham Singh VS Shivpratap Singh - 03 Jan 90

C., 1908-O.22, R. 4 (3)-party dying not necessary party -case does not abate. ... C., 1903-O.22, R.4 (4)-deceased defendant neither appeared in trial Court nor in appeal-discretion to exempt appellant for bringing ... nbsp;¼2½ flfoy izfdz;k lafgrk] 1908&vk- 22] fu- 4 ¼4½&e`rd izfroknh u fopkj.k U;k;ky; esa gkftj gqvk vkSj u vihy esa&vihykFkhZ dks

India - Madhya Pradesh

44. Keshab alias Karmu Giri VS Dasaratha Giri - 17 Aug 04

CIVIL PROCEDURE CODE, 1908 - Sec. 96 - Order 22, Rule 4(4) and Rule 11 - First Appeal - Suit for declaration of title and recovery ... CIVIL PROCEDURE CODE, 1908 - Order 22, Rule 4(4), Rule 9 and Order 32 - Application for setting aside the abatement, substitution

India - Orissa

45. CHANDRA LACHMANDAS RAHEJA VS NANCY FRANCIS REGO - 12 Mar 07

Bombay High Court (Appellate Side) Rules, 1960 - Rule 186 - Civil Procedure Code, 1908, Order XXII, Rule 4(4) - Chamber summons - ... ) SUB-RULE (4) of Rule 4 of Order 22 of the Code of Civil Procedure under which the exemption is sought reads as under : (4) The ... 22 of the Code of Civil Procedure permits a Court to exempt a plaintiff from the necessity of substituting the legal representatives ... of Rule 4 of Order 22 are not satisfied, this is not a fit case for grant of an exemption.

India - Bombay

46. Birendra Kumar Choubey VS Madan Mohan Singh - 24 Jul 19

Civil Procedure Code, 1908—Order XXII Rule 4 (4) read with Section 151 and Order I Rule 10(2) read with ... (2) read with Section 151 of the Code of Civil Procedure. ... of the Code of Civil Procedure vide order dated 02.02.2017 has been passed dealing with the petition filed under Order I Rule 10 ... The order dated 21.07.2015 has been passed while dealing with the petition filed under Order XXII Rule 4 (4) read with Section 151

India - Jharkhand

47. Budh Ram VS Bansi - 05 Aug 10

As to whether non-substitution of LRs of the defendants/respondents would abate the appeal in toto or only qua the deceased defendants/respondents, depend upon the facts and circumstances of an individual case.

(4) CPC were not attracted in the facts of the case. ... Parwatu, respondent No. 4, before the Ist 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 ... In the instant case, the High Court repelled the submission regarding application of Order XXII Rule 4(4) CPC on the ground that

India - Supreme Court

48. ASHWANI KUMAR SINGH VS ADDITIONAL DISTRICT JUDGE, COURT NO. 11, AGRA - 05 Feb 13

Code of Civil Procedure, 1908—Order XLI, Rule 4 and 33 and Order XXII Rule 4(4)—Impleadment—Abatement of—Appeal—When cannot be—If ... Delineating the provisions of Order XLI Rule 4 of the CPC this Court said: “Order XLI Rule 4 Code of Civil Procedure, invests the Appellate Court with power to reverse or vary the decree ... In fact, Rule 4 and Rule 33 of Order XLI of the CPC are enacted to deal with such a situation

India - Allahabad

49. C. Obi Reddy VS K. Sanjeeva Reddy - 11 Oct 18

Civil Procedure Code, 1908 - Section 96 - Specific performance of agreement of sale - Bona fide purchaser ... bona fide purchaser for the value, who had no notice of the agreement of sale - legal representative as defined in Section 2(11) CPC ... Rule 4(4) CPC to exempt the plaintiff from substituting the legal representative. ... , Rule 4(4) CPC without impleading the legal representatives of a defendant, who filed a written statement, but has failed to appear ... R. Jagan Mohan Rao (1995) 5 SCC 115; 2. Sardar Amarjeet Singh v. Nandu Bai (1998) 5 ALD 697 (DB); 3. J.P. Builders v. A.

India - Andhra

50. A. PAVANSAY VS A. SUNDAR - 23 Jan 19

Civil Procedure Code,1908 – Order 1 & 22 Rule 4 & 4(4) – Legal representative - Suit filed by original plaintiffs ... dismissal of suit, plaintiffs preferred appeal before first appellate Court and also filed application under Order 1 Rule 10 of the CPC ... Rule 4 of the CPC, therefore, the impugned order is liable to be set aside. ... Rule 4 (4) of the CPC which provides for exemption to the plaintiff from the necessity of substituting the legal representatives ... suit, the plaintiffs preferred appeal before the first appellate Court and also filed application under Order 1 Rule 10 of the CPC

India - Chhattisgarh