51. Velappan Pillai VS Parappan Panickar - 21 Dec 67

Abatement of suit u/r 4(3).

Code of Civil Procedure, 1908-Order 22, rules 1, 3 and 4-Interpretation-Plaintiff’s failure to bring L.Rs. on record in time after ... death of second defendant-Suit if abates u/r 4(3). ... properly presume that the order was one passed under Order XXII R. 4 (4). ... Rule 4 must be read as a whole, having also in view R. 4(1). ... If Order XXII R. 4 (4) could be applied to the case it must be taken that the estate of

India - Madras

52. Sarathamani VS Chellammal @ Thangammal - 20 Nov 12

Rule 4 of the Civil Procedure Code. ... Civil Procedure Code, 1908, Order 22 Rule 4 – Partition Suit – However, during the pendency of the suit two defendants who were declared ... Though the concerned court was committed to exercise the judgement judicially but had failed to appreciate the provisions of Order 22 ... Rule 4 CPC. ... According to me, the Court below without properly appreciating the provisions of Order 22 Rule 4 CPC erred in refusing to grant the ... Therefore, considering the provisions of Order 22 Rule 4 CPC and the judgments referred to above, the Court below ought to have exercised

India - Madras

53. M. Muniswamy S/o Munian VS GMS Construction Pvt. Ltd. - 05 Jan 21

Civil Procedure Code,1908 - Rule 10(A) , Order 3 Rule 4(1) and Order 22 Rule 10(A) - Execute sale deed in ... It is also trite law that contract between the Advocate and client brought by virtue of Order 3 Rule 4(1) of CPC would continue even ... after the death of a party, only for the purpose mentioned in Rule 10(A) of CPC - Appellants/defendants cannot be permitted to take ... Rule 4(4) of CPC, the respondent/plaintiff was exempted from impleading the legal representatives. ... 1) of CPC would continue even after the death of a party, only for the purpose mentioned in Rule 10(A) of CPC. ... R.Mohan reported in 1994 (5

India - Karnataka

54. Gurmeeto VS Pritam Chand - 25 Oct 21

Constitution of India, 1950 - Article 227 - Civil Procedure Code,1908 - Order 22 Rule 4(4) - Possession ... Rule 4(4) of Code of Civil Procedure seeking exemption to bring on record deceased defendant – Petition dismissed. ... No. 6, then it might lead to a situation in respect of same suit land - Dismissal of application moved by plaintiffs under Order 22 ... Rule 4(4) CPC. ... Accordingly, the application under Order 22 Rule 4(4) CPC was also dismissed vide order ... The application moved by the plaintiffs under Order 22 Rule 4(4) CPC after more than two

India - Himachal Pradesh

55. T. Gnanavel VS T. S. Kanagaraj - 25 Feb 09

Failure to obtain exemption from substituting the defendant on his death before pronouncement of judgment will abate the suit and the decree if any passed, will be nullity.Issue not raised before courts below cannot be raised before Supreme Court.

[4] of the CPC. ... (a) Code of Civil Procedure, 1908 – Order XXII, Rule 4(3) – Instantly defendant died ... However, this is subject to Order XXII Rule 4(4) of the CPC which runs as under :- "Order 22 Rule 4 (4) The Court ... (4) of the CPC, is sustainable in law. ... 4) of the CPC would not be attracted.

India - Supreme Court

56. Rawel Kaur VS Sardar Manjeet Singh Bagga - 07 Dec 17

Code of Civil Procedure, 1908 - Order XXII, Rules 4(4) and 11 and Section 153 - the present case deals for exemption of deceased ... of exemption under Order 22, Rule 4(4) CPC can be exercised at the appellate stage as well. ... , Rule 4(4) of the CPC. ... , Rule 4(4) of Code of Civil Procedure.

India - Jharkhand

57. Bhanwari VS Board of Revenue Rajasthan - 02 Sep 15

Civil Procedure Code,1908 - Order XXII Rule 4(4), Order IX Rule 13 - Limitation Act, 1953 - Section 5 - ... 4) CPC and decree passed by the trial court against dead person has to be treated as nullity and was liable to be set aside for ... , alleged to have wrongly recorded in favour of Department of Custodian – Held, Court in terms of provisions of Order XXII Rule 4( ... 4) CPC, it was not necessary to substitute his legal representatives on his death. ... 4) CPC and thus, the decree passed by the trial court against the dead person has to be treated as nullity and was liable to be set ... Learned counsel would submit that in the fresh summon filed for the date of hearing 22.8.1991

India - Rajasthan

58. Renuka Dhar VS Pravat Kumar Jana - 12 Aug 15

Explanation put forwards by appellants-applicants that they not aware of legal requirement of substitution of legal representatives of deceased respondents within prescribed time does not appear to be plausible or bona fide.

Civil Procedure Code, 1908 — Order XXII, Rule 4 (3) & (4) — Limitation Act, 1963 — Article 120 — Limitation Act, 1963 — Section 5 ... of Rule 4 of Order XXII of the Code of Civil Procedure, hereinafter called as “the Code”, the appellants are entitled to be exempted ... Order XXII Rule 11 CPC provides that in the application of Order XXII to appeals, as far ... Article 121 provides that for an application under the Code of Civil Procedure for an order

India - Current Civil Cases

59. Bako Bibi VS Janab Ahmad Mian - 22 Jul 08

Code of Civil Procedure, 1908 – Order 8, rules 1 and 10 and order 22, rule 4 – filing of W.S. by substituted defendant – delinquent ... Order 22 Rule 4 is relevant for the present case. Rule 4 of Order 22 reads as under:- "4. ... Sub-rule (4) of Rule 4 of Order 22 C.P.C., as inserted by C.P.C. ... Order 22 of the Code of Civil Procedure lays down the procedure in case of death, marriage and insolvency of parties.

India - Jharkhand

60. Kalam Uddin Khan VS Noorasha Bibi (deleted vide order dated 07. 07. 2008) - 22 Jan 19

Civil Procedure Code, 1908 - Rule 4 - Order XXII - Argument - Partition suit has share in property - This ... Affidavit substitution may not be warranted - In instant case High Court repelled submission regarding application of Order Rule CPC ... dismissed and on other hand learned court below has held that appeal stands abated in its entirety – Held provisions of Order Rule CPC ... Thus, it has rightly been held by the High Court that the provisions of Order 22 Rule 4(4) CPC were ... The provisions of Order 22 Rule 4(4) CPC provide that in case, the deceased defendant did not contest ... It is not disputed that in view of Order 22 Rule 4 Civil Procedure Code, hereinafter called the

India - Jharkhand