61. Shanmugavel VS Jayalakshmi - 10 Aug 21

Civil Procedure Code, 1908 - Section 96 - Orders 4 and XLI Rule 1 - Decree - Challenged - Ancestral properties ... - Plaintiffs have filed suit for partition of their alleged 4/9th share in suit property including 1st item - Properties are ancestral ... of CPC and Order 4 of the Madras High Court A.S. ... 22. ... 4.3.

India - Madras

62. Md. Idrish Ali VS Hassen Ali - 26 Jul 16

.

Civil Procedure Code,1908 - Order 22, Rule 4 (4) - Assam Land and Revenue Regulation, 1886 - Sections 9, ... CPC does not exist in Order 22, Rule 4 (4). ... , Rule 9 (2) CPC but a similar provision was not prescribed in Order 22, Rule 4 (4) CPC. ... of R.4 of O. 22, Civil Procedure Code This order will statutorily take away the effect of

India - Gauhati

63. Janabai Ammal alias Gunabooshani VS T. A. S. Palani Mudaliar - 15 Feb 80

Party having no interest in litigation added only as pro forma party.

Code of Civil Procedure, 1908-Order 22, Rule 4 (4)-Death of party having no interest in litigation during pendency of appeal-L. ... R. of the deceased whether should be brought on record. ... ... of R. 4 of O.22 are applicable to appeal as well as to suit and the power to exempt under the said sub-rule can be exercised at ... , R.4 (4), could be availed of at any time before judgment .. ... ... ... , R. 4 (4), C.P.C., seeks a direction from this Court exempting the appellant/plaintiff from bringing on record the legal representatives

India - Madras

64. Gurmeeto Wd/o Jagdish Chand VS Pritam Chand S/o Thunia - 25 Oct 21

Tenancy and Land Reforms Act - Code of Civil Procedure,1908 - Orders 22 and 43, Rules 1 and 4(4) - Constitution of India,1950 - Article ... 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 seeking exemption to

India - Himachal Pradesh

65. Sushil K. Chakravarty VS Tej Properties Pvt. Ltd - 19 Mar 13

Not approaching the Court with clean hands - consequence.

- Order XXII Rule 4(4) - Sole defendant appearing and filing written statement - Thereafter altogether ... (a) Code of Civil Procedure, 1908 - Order IX Rule 9 and 13 ... (Paras 17 and 23) ... (b) Code of Civil Procedure ... 4) CPC. ... 4) CPC and thereafter proceeded to decree the suit. ... They only reiterate the necessity for compliance with Order XXII Rule 4(4) CPC before the judgment is pronounced.

India - Supreme Court

66. Angadi Srinivas Dead By L. Rs. VS M. Girija - 23 Apr 16

CODE OF CIVIL PROCEDURE, 1908 – Order 22, Rule 4(4) – Abatement of appeal – Death of sole defendant – Decree passed by Appellate ... , Rule 4(4), prior to pronouncement of judgment – Sole defendant having died during pendency of appeal and as his LRs were not brought ... empowered to exempt plaintiff from necessity of substituting LRs of defendant – But plaintiff not sought exemption in terms of Order 22 ... NATHU RAM, AIR 1962 SC 89, while interpreting the provisions of Order 22 Rule 4(3) CPC r/w Rule 11 thereof, Apex Court has held, ... of Rule 4 of Order 22 CPC, prior to the pronouncement of the judgment on 15.10.2011. ... Order 22 Rule 4(4) of CPC, provides, that in case the deceased defendant did not contest the suit and did not file written statement

India - Karnataka

67. Mohd. Khan VS Abdul Khan - 14 Feb 90

(1)Civil Procedure Code, 1908 – O.22, R. 4(4), (5) and 11 – sole respondent died – application for substitution ... ... (2)Civil Procedure Code, 1908 – O.22, R.10A ... of L.Rs. filed after 4 years due to laches and negligence cannot be allowed.

India - Madhya Pradesh

68. Ramrao Joti Godase VS Kisan Joti Godase - 17 Oct 11

Civil Procedure Code, 1908 - Order XXII, Rule 4(4) - Abatement of appeal - ere defendants 3 and 6 filing appeal against judgment ... 4) CPC were not attracted in the facts of this case. ... 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 ... 4) CPC on the ground that the said provision requires the presentation of an application before the Court, before it pronounces its

India - Bombay

69. Basu Dev VS Narad - 25 Nov 22

Point of Law : Defendants have come up in appeal not against the permanent prohibitory injunction granted against them but against the mandatory injunction goes on to show that their predecessor had raised construction over the suit land.

Rule 4(4) CPC, there was no need to bring on record his legal heirs. ... Both under Order 8 Rule 10 CPC and on the invocation of Order 9 of the CPC, the Court is ... Court had allowed this prayer by observing that the original defendant-Budhu Ram was proceeded ex-parte, hence, in light of Order 22

India - Himachal Pradesh

70. Dindayal Agarwal VS Ramesh Dholani - 09 Sep 15

Civil Procedure Code, 1908 – Order XXII – Rule 10 and 4 – Assam Urban Areas Rent Control Act – Section 2 ... Order XXII Rule 4 of the Code of Civil Procedure, 1908 reads as under:- "Sub-Clause (4) to Rule 4 allows the Court to exempt the plaintiff from the necessary substituting the legal representatives of ... of Rule 4 to Order XXII proceeded with the case but ordered that the suit would abate against defendant No. 1(a).

India - Gauhati