India - Chhattisgarh
(A) Code of Civil Procedure, 1908 - Orders 1 Rule 10 and 22 Rule 4 - Non-joinder of necessary parties - Plaintiffs challenged the ... (Paras 1, 10, 13) ... ... (B) Legal principles - Non-joinder of necessary parties ... 1 Rule 10 of CPC was rejected and in the application moved under Order 22 Rule 4 of CPC, time wa....
India - Calcutta
- Article 141 - Schedule III, Article 3 - Code of Civil Procedure, 1908 - Order 1, Rule 9, 10(2) - Order 21, Rule 90 - Order 34, ... Rule 1 Fact of the Case: A widow inherited property from her deceased husband. ... The court also modified the order for costs. ... That principle is that in compliance with Order xxx....
India - Delhi
(A) Code of Civil Procedure, 1908 - Order XXI Rule 22(1) and (2) - Execution of arbitral award - Court has discretion to decide on ... ... ... Ratio Decidendi: The court ruled that discretion exists under Order XXI Rule 22(1) regarding notice issuance, and the facts ... XXI Rule 22(2) in this context. ... He has p....
under Order 1 Rule 10 as an application under Order 22 Rule 10 if the ingredients of Order 22 Rule 10 are present. 2. ... ORDER 22 RULE 10 - IMPLEADING ASSIGNEES AS PARTIES - ORDER 1 RULE 10 - SCOPE AND APPLICABILITY - ASSIGNMEN....
India - Orissa
Decree proceeding, an application under Order 1, Rule 10 read with Order 22, Rule 10 (1) of the Civil Procedure Code is not maintainable ... Finding of the Court: The court found that the application under Order 1, Rule 10 read with Order 22, Rule 10 (....
India - Madras
Order 22, Rule 3 (1) C. ... Tamil Nadu Buildings (Lease and Rent Control) Act, 1960-Section 27 (1)-Provisions of Rule not inconsistent with abatement rule of ... In view of the conclusion arrived at in the preceding paragraphs, an application under Order 22 Rule 1. ... Rule 3(#HL_S....
India - Current Civil Cases
Civil Procedure Code, 1908—Order 1, Rule 10 and Order 22, Rule 4—Two distinct provisions deal with different eventuality and contingency—Decree ... ... Held: From a bare reading of Order 1 Rule 10 CPC and Order 22 Rule ... from one envisaged by Order 22....
India - Kerala
Abatement - Application under Order 33, Rule 1, C. P. C. - The court held that the provision of Order 22, Rule 4, C. P. ... 22, Rule 4, C. ... Ratio Decidendi: The court interpreted that Order 22, Rule 4, C. P. ... During the pendency of a petition under 0.33, R.1, C. P. ... All t....
22 Rule 4 of CPC to be treated as applications under Order 1 Rule 10 of CPC, permitting the appellants to carry out necessary amendments ... The court also considered the principles of Order 1 Rule 10 of CPC and the inherent powers of the court under Section 151 of CPC. ... However, the court exercised its power to treat the application as an applicati....
Issues: Interpretation of Section 92 of the Civil Procedure Code, applicability of Order 22, Rule 3(1) and Rule 3(2) p ... 22, Rule 3(1), Civil Procedure Code, and the regular appeal will be heard in due course. ... Finding of the Court: The court dismissed the application, stating that it does not come within the scope of Order ......
India - Punjab and Haryana
Order 22, Rule 10 and Order 1, Rule 10 - Dismissal of Plea for Lack of Sale Deeds Fact of the Case: Counsel for the petitioners states that as the petitioners did not claim any relief against respondents No. 15 to 22 ... Challenge in the present petition is made against the order dated 04.01.2014 passed by the Civil Judge (Junior Division) Kurukshetra
It highlighted the distinction between impleading legal representatives under Order 22 Rule 4 CPC and Order 1 Rule 10 CPC, and how ... Ratio Decidendi: The distinction between impleading legal representatives under Order 22 Rule 4 CPC and Order 1 Rule 10 CPC ... Finding of the Co....
India - Himachal Pradesh
RES JUDICATA - ORDER 1 RULE 10, ORDER 22 RULE 5, CIVIL PROCEDURE CODE - SUMMARY ENQUIRY - LEGAL REPRESENTATIVE - WILL - DECISION ... Issues: Whether a decision on an application for substitution as legal representative under Order 1 Rule 10 or Order 22 Rule ... Ratio Decidendi: A....
India - Rajasthan
22, Rule 3 read with Order 1, Rule 10, CPC does not grant independent rights to the legal heirs. ... 22, Rule 3 read with Order 1, Rule 10, CPC Fact of the Case: The revision was filed against the order that the legal ... The court also clarified that the application for substitution under #HL_STAR....
ORDER 1, RULE 10, CPC - IMPLEADING LEGAL REPRESENTATIVES - DISMISSAL OF APPLICATION UNDER ORDER 22, RULE 4, CPC - POWER UNDER ... 22, Rule 4, CPC. ... , as the application under Order 22, Rule 4, CPC had already been dismissed. ... Plaintiffs filed (I petition under Order #HL_START....
AND ORDER 22 RULE 4 C.P.C. - DISTINCTION - SUMMARY Fact of the Case: Petitioner filed an application under Order 1 Rule ... Ratio Decidendi: The court held that the provisions of Order 1 Rule 10 C.P.C. and Order 22 Rule 4 C.P.C. deal with different ... ORDER #HL....
1, Rule 10(2), CPC, even if an application under Order 22, Rule 4 has been rejected. ... 22, Rule 3 of the CPC? ... His widow and two married daughters applied for substitution under Order 22, Rule 3 of the CPC, but it was rejected as time-barred ... 22, CPC made second prayer under Order#....
22, CIVIL PROCEDURE CODE ARE ATTRACTED IN A SUIT FOR PARTITION AND DIVISION OF HOLDING - WHETHER PROVISIONS OF ORDER 1 RULE 10, ... 22, Civil Procedure Code and the legal representatives of the deceased party can be brought on record under Order 1 Rule 10, Civil ... The court further held that the provisions of Order 1#HL_EN....
India - Allahabad
in a revision, and that appeals under Order 43, Rule 1 (1) can only be filed if an order under Rule 10 of Order 22 is passed in ... APPEAL - Order 22, Rule 10 - The appeal was dismissed as the court found that an order under Rule 10 of Order #HL_....
India - Nagpur
Mortgage Suit - Order 22, Rule 10, Civil P.C. - Rules 1-4 of Order 22, Civil P.C. - Rule 10 of Order 22, Civil P.C. - Section ... Finding of the Court: The Court found that no appeal lies against an appellate order passed under Order 43, Rule 1, ... Ratio Decid....
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