91. Hemraj VS Income Tax Recovery Officer, Jodhpur - 27 Apr 78

Limitation for substituting the legal representatives—Technical rules of limitation contained in Order 22 R. 4 read with Art, 120 ... (a) Constitution of India, Article 226, Indian Limitation Act—Art, 120 and Order 22 Rule 3 and 4 of the Code of Civil Procedure— ... (Paras 4, & 5) ... XXII R. 3 and R. 4 of the Code of Civil Procedure and Article 120 of the Indian Limitation Act apply to these proceedings and application ... XXII R. 4 read with Art. 120 of the Indian Limitation Act providing for making an application within 90 days is not at all applicable ... Central Government (4), and Adinarayana vs. State of Andhra Pradesh (5).

India - Rajasthan

92. Raja Ishwari Singh VS Raja Hari Singh and O - 06 Jul 07

Rule 4(4) Civil Procedure Code to exempt the substitution of L.R. of Smt. ... Ranawat, R.A.S. ... brothers Raja Udaisingh Ji and Raja Kishan Singh Ji had jointly purchased the property for Rs. 299/- vide Ex.6 and similarly on 22.4.1929

India - Rajasthan

93. Pushpa (Smt. ) (Dead) through Legal Representative Hukum Chand Garg VS Vishnu Kumar - 18 Feb 21

Civil P.C., 1908 -- O. 22 R. 4 (2) -- respondent/plantiff filed suit for recovery of amount -- petitioner ... rule 4 (2), CPC along with written statement -- trial Court rejected -- petition -- legal representative cannot be deprived from ... [Paras 9 & 10 flfoy çfØ;k lafgrk] 1908 && vk- 22 fu- 4 ¼2½ && jde dh olwyh d¢ fy ... rule 4(2) of CPC or not? ... The application under Order 22 rule 4(2) of CPC has been allowed. ... Order 22 rule 4(2) CPC provides as under :- “any person so made a party may make

India - Madhya Pradesh

94. CHANDRA VS HARI SINGH - 21 Jan 14

Civil Procedure Code, 1908 – Order 22 Rule 4 – Indian Limitation Act – Section 5 – Legal Representatives ... No.06 which is an application for condonation of delay in filing the application u/o 22 r 4 of CPC. ... No.4 u/o 22 r 4 of CPC for impleading the legal heirs of the deceased respondents 2, 3 (a) & 5 vide his application dated 15.11.2010 ... No. 07 u/o 22 r 4 of CPC on 04.04.2013 for substitution of legal representatives of the deceased respondents 2 & 5 and for deleting

India - Chhattisgarh

95. S. A. RAHIM VS RAJAMMA - 12 Apr 76

of Rule 4 of Or. 22 CPC. ... , R. 4 (4) considered by the said court, which is similar to Or. 22, R. 4 (4) of the CPC as amended by our high Court, can be exercised ... , R. 4 (4) of the CPC has not been taken into consideration.

India - Karnataka

96. State of M. P. VS Tekchand - 28 Jan 87

Civil Procedure Code, 1908 – O.26, R. 4 – commission for examination of witness – normal rule – second commission ... This revision petition, by the State of Madhya Pradesh, is directed against the order dated 22 – 4 – 1985, passed by the Vth Addl ... 4, CPC, praying for examination of some witnesses on Commission, who in fact had already been examined

India - Madhya Pradesh

97. Nathu Ananda Ghorpade VS Yashoda Jagannath Ghorpade - 21 Oct 11

The said heirs independently filed R.C.A. 510 of 1994 against the judgment of the trial Court in R.C.S. 34 of 1988 which cannot be ... Civil Procedure Code, 1908 - Section 9 - Mortgage suit - Mortgage suit is one of suits where decree is always joint and indivisible ... ... Civil Procedure Code, 1908 - Section 96, Order XXII, Rule 1 - First ... 4) CPC were not attracted in the facts of this case. ... XXII, r. 4, Civil Procedure Code, hereinafter ... 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 - Bombay

98. UMA SHANKAR VS RAMAKANT - 17 Apr 07

4(4)]. ... Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972—Sections 34 and 38—Civil Procedure Code, 1908—Order XXII, Rule ... [Paras 4, 5 and 6] ... ... XIII of 1972 which are quoted below : Order 22 Rule 4 (4) of the C.P.C. ... 4(4) of the Code of Civil Procedure (in short C.P.C.) to get a decree behind the back of the petitioners instead of filing a substitution ... XIII of 1972 allowed the application of the respondent-plaintiffs moved under Order 22 Rule 4(4) of the C.P.C. vide order dated 8.7.1997

India - Allahabad

99. Dewan Dewakar Rai VS Ajit Singh - 25 Mar 21

Delay/Laches/ limitation - Sufficient cause – Meaning of - The expression ‘sufficient cause’ within the meaning of Section 5 of the Act or Order 22 Rule 9 of the Code or any other similar provision should receive a liberal construction so as to advance substantial justice when no negligence or inaction or want of bona fides is imputable to a party. In a particular case whether explanation furnished would constitute ‘sufficient cause’ or not will be dependent upon facts of each case. There cannot be a straitjacket formula for accepting or rejecting explanation furnished for the delay caused in taking steps. But one thing is clear that the courts should not proceed with the tendency offending fault with the cause shown and reject the petition by a slipshod order in over-jubilation of disposal drive. Acceptance of explanation furnished should be the rule and refusal, an exception, more so when no negligence or inaction or want of bona fides can be imputed to the defaulting party.

Civil Law - Civil Procedure Code, 1908 - Order 22 - Rule 4 and 10-A - Limitation Act - Section 5 and 177 ... Finding of the court: A careful reading of the provisions contained in Order 22 CPC as well as the subsequent ... claim remain intact and not lost forever due to the death of one or the other in the proceedings - Provisions contained in Order 22 ... under: - 22 (R-4). ... A reference to Order 22 Rule 4 of CPC here would be appropriate and accordingly is, reproduced here ... It is being next contended that the trial court completely overlooked provisions of Order 22 Rule 10-A CPC while passing the impugned

India - J&K

100. Chandra Kant VS Mukesh - 06 Dec 95

R. 3 (2) CPC relating to abatement not applicable. 1968 JLJ 1013 relied on. ... ;¼4½ fof/kd lw= & ^dkjZokbZ dk O;fDrxr vf/kdkj O;fDr dh e`R;q ds lkFk lekIr gks tkrk gS** & e`r nkosnkj ds fof/ ... (1) Civil P.C., 1908 -- O.22 R.3 -- Motor Vehicles Act, 1988 -- S.166 (3) -- application for bringing LRs. of deceased claimant delayed ... Dandvate for respondent No.4. Other respondents are absent. None present for them. ... Shri Dandvate, counsel appearing for respondent No. 4 insurance company placed reliance ... Shri Dandvate, counsel for respondent No.4 also admitted that there has been recent amendment

India - Madhya Pradesh