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

Code of Civil Procedure, 1908–Order 22 Rule 4(4)–Substitution–Substitution ... (4)–Appeal dismissed. ... (Paras 3, 4, 9 and 11) ... (4) of the CPC. ... 22.4. ... The Report notes in Chapter 22 at p.193, ”Order 22, rule 4 – power to relax – whether should be given p align

India - Supreme Court

72. B. K. Basha VS Mohamed Ali - 13 Mar 18

Civil Procedure Code, 1908 – Section 47, Order XXII Rules 1, 4, 10 – Recovery of possession – Declaration ... He is one of the legalheirs of the deceased defendant who is the first respondent in E.P. – He has filed E.A. under Section 47 CPC ... Mr.T.R.Rajagopalan, learned senior counsel for the contesting respondents, drawing my attention to Order 22, Rule 10-A CPC, supported ... In support of this contention reliance is placed on Order 22 Rule 4 of the Code of Civil ... It is relevant to extract Order 22 Rule 4(4) C.P.C.

India - Madras

73. Jannat Rahman (Mustt. ) VS Amjad Ali - 16 Mar 17

Civil Procedure Code, 1908 – Order 22, Rule 4 (4) – Limitation Act, 1908 – Article 142 – Limitation Act, ... Under such circumstances, under the provision of Order 22, Rule 4 of the CPC, a duty was ... , Rule 4 (4) of the CPC when the deceased defendant No. 2 had not filed written statement. ... Choudhury, learned senior counsel submits that the first appellate court misconstrued the provisions of Order 22, Rule 4 (4) of the

India - Gauhati

74. Prabhakar VS Vaijnath - 13 Mar 14

4), CPC are complied with. ... Civil Procedure Code, 1908 - Order XXII, Rules 4(4), 9 and 10-A Setting aside abetment. - When L.Rs. of defendant not appeared to ... 4) of Code complied with. ... CPC is as under:- “4. ... 4) CPC are complied with. ... 4) of the Code of Civil Procedure is discussed.

India - Bombay

75. Daya Rama VS Shvam Sundari - 08 Sep 64

This turns on the proper interpretation of O. 22, R. 4 of the Civil Procedure Code. ... 4, Civil Procedure Code. ... We, have not been referred to any principle of construction of O. 22, R. or of the law which would militate against this view.

India - Supreme Court

76. Narayan Chandra Sahu VS Radhashyam Maheswar - 20 Aug 14

, Rule 4 (4) to the Code of Civil Procedure, vide Section 73 (i) of Act 104 of 1976. ... allowed the application under Order 22, Rule 4 (4) of C.P.C on contest exempting the plaintiff from substituting the legal heirs ... Parappan Panickar and others reported in AIR 1969 MADRAS 309 the Court held that the provisions of Order 22, Rule 4 (4) of C.P.C

India - Orissa

77. NAZIBUDDIN AHMED VS ASHIK IKBAL - 05 May 17

Civil Procedure code - Section 115 - Constitution of India - Article 227 - Interest and for permanent injunction ... deceased defendant suddenly appeared before Trial Court and on filed an application under Order 9 Rule 13 read with section 151 of Civil ... of Rule 4 of Order 22, the decree pronounced is a nullity. ... R.K. ... Viewed from another angle, as per the provisions of Sub-Rule (4) of Rule 4 of Order 22, the Court

India - Gauhati

78. V. VEERANAN VS VARADHARAJAN - 05 Dec 16

Code of Civil Procedure, 1908 - Order 9, Rule 13 - Civil Revision Petition - suit decree - Learned counsel ... It is relevant to extract Order 22, Rule 4 (4) C.P.C. "4.

India - Madras

79. NITIN AGGARWAL VS SANTOSH AGGARWAL - 26 Mar 14

nhokuh izfØ;k lafgrk] 1908] vkns’k 22 ... Order 22, Rule 4 of the C.P.C. reads as under :- “4. ... Thereafter, plaintiffs moved application under Order 22 Rule 4 of the C.P.C. for the substitution ... Plain reading of sub-rule (2) of Rule 4 of Order 22 C.P.C. would go on to demonstrate that legal heir may make any defence appropriate

India - Uttarakhand

80. Selvaganesan VS Kalaiselvi - 30 Apr 19

Further, no exemption whatsoever obtained under Order 22, Rule 4, C.P.C. ... Civil Procedure Code - Section 47 - Order 22 - Rule 10 - Transfer of Property Act - Section 55 - Agreement ... The Legal Heirs of the 2nd Defendants were not brought on record nor Decree-holder obtained any exemption under Order 22, Rule 4, ... As noted herein earlier, a plain reading of Order 22, Rule 4(4) of the CPC would clearly show that ... In any view of the matter, Order 22, Rule 4(4) of the CPC clearly says that such exemption ... , Rule 4(4) of the CPC in the aforesaid decision.

India - Madras