AI Overview...
-
Order 22 Rule 1 - Abatement of Suit due to Death of Parties: This rule stipulates that if a plaintiff or defendant dies, the suit does not automatically abate; instead, the legal representatives of the deceased party can be substituted to continue the proceedings. The rule aims to prevent the dismissal of suits solely on account of death, provided substitution is properly effected. ORIENTAL INSURANCE CO. LTD. VS SHASHI MOHAN SINGH - Consumer, Kesarichand Motichand Shah VS Fakirbhai Kariabhai Koli and others - Bombay, Thokchom Khomeisingh and Ors. VS Mutum Birachandra Singh and Ors. - Gauhati
-
Order 22 Rule 2 - Procedure upon Death of a Party: If a party dies and no substitution is made within the prescribed time, the suit may abate. The rule also details the process when multiple plaintiffs or defendants are involved, and some die before the case is disposed of. It emphasizes the importance of timely substitution to avoid abatement. ORIENTAL INSURANCE CO. LTD. VS SHASHI MOHAN SINGH - Consumer, Thokchom Khomeisingh and Ors. VS Mutum Birachandra Singh and Ors. - Gauhati
-
Order 22 Rule 3 - Substitution of Legal Representatives: This rule provides that the legal representatives of deceased parties can be substituted in the suit. It also specifies that such substitution should be made within the time allowed, and the court may extend this period if justified. Thokchom Khomeisingh and Ors. VS Mutum Birachandra Singh and Ors. - Gauhati
-
Order 22 Rule 4 - Substitution of Heirs and Amendment of Pleadings: This rule allows for the substitution of heirs or legal representatives and permits amendments to pleadings, such as written statements, to include the new parties. It emphasizes bona fide applications made after diligent enquiry. Substituted defendants or heirs can raise defenses appropriate to their position, including ancestral rights or legal claims. Arijit Mittra VS Goutam Mitter - Calcutta, Paresh Nath Chakravarti VS United Bank Of India Ltd - Calcutta, Jagjit Singh VS Mithoo Singh - Punjab and Haryana, Harnam Singh VS Giano Devi - Himachal Pradesh
-
Main Insights:
- Proper and timely substitution of legal representatives is crucial to prevent abatement of suits.
- The rules accommodate substitution even after the death of parties, allowing the case to proceed without dismissal.
- Courts focus on bona fide applications and diligent enquiry when permitting substitution or amendments.
-
The rules also address procedural aspects like condonation of delay in substitution applications and the scope of defenses available to substituted parties.
-
Analysis and Conclusion: Order 22 Rules 1, 2, 3, and 4 of the Civil Procedure Code collectively facilitate the continuation of civil suits despite the death of parties by providing mechanisms for substitution and amendments. Proper adherence to these rules ensures the substantive rights of parties are preserved, and cases are decided on merits rather than procedural dismissals. Courts emphasize timely and bona fide applications for substitution, with provisions for extending time and condoning delays when justified. These rules are fundamental in maintaining the procedural integrity and fairness of civil litigation.
Search Results for "Order 22 Rule 1 2 of Code of Civil Procedure"
• India - Consumer
ASMA AHMAD, A.N.CHATURVEDI
Insurance Claim - Consumer Protection - Consumer Protection Act, 1986 - Section 2(1)(d)(i), Civil Procedure Code - Order 41 Rule ... 22 - [Section 2(1)(d)(i), Civil Procedure Code] Fact of the Case: The complainant's vehicle met an accident and he ... Final Decision: The appeal was allowed, the impugned order was set aside, and the complaint was dismissed with no order as ... He sent his reply to opposite party No. 2#HL_....
2008 0 Supreme(Cal) 684 • India - Calcutta
BISWANATH SOMADDER
CIVIL PROCEDURE CODE - SUBSTITUTED DEFENDANT - RIGHT TO FILE WRITTEN STATEMENT - [ORDER 1 RULE 10(2), ORDER 22 RULE 4] - A substituted ... Ratio Decidendi: The provisions of Order 22, Rule 4 and Order 1, Rule 10(2) of the Code of Civil Procedure are fundamentally ... original defendant, in the case of latter, the Court adds a person as a party....
2019 0 Supreme(Cal) 602 • India - Calcutta
BIBEK CHAUDHURI
Abatement - Civil Procedure - Order 22 Rule 2, 3, 4, 9(1) of the Code of Civil Procedure - The court discussed the effect of death ... , marriage, and insolvency of the parties, and the procedure for abatement in case of death of one of several plaintiffs or defendants ... Order 22 rule 2 lays down the procedure where one of several plaintiffs or defendants dies....
1994 0 Supreme(Bom) 485 • India - Bombay
E.S.DA SILVA
Abatement of Suit - Civil Procedure Code, Order 22, Rule 1, Rule 2, Rule 4 - The court relied on Order 22, Rule ... The court relied on Order 22, Rule 1 of the Civil Procedure Code, which states that the death of a plaintiff or defendant shall not ... Rule 2 provides that if there are more plaintiffs or defen....
2003 0 Supreme(Del) 276 • India - Delhi
MANMOHAN SARIN
Commercial – statutory bar - Order 11 Rule 2 and Order 12 Rule 6 of Code of Civil Procedure, 1908 and Sections 2 (1), 22, 22 (1), ... 22 (1) A, 22 (3) and 22A of Sick Industries Companies (Special Provisions) Act, 1985 –plaintiff seeking mandatory injunction directing ... defendant to hand over possession of steam boiler – defendant raised objection on account o....
2005 0 Supreme(Pat) 206 • India - Patna
S.N.HUSSAIN
Specific Relief Act, 1963-Section 22(1) and (2) read with Order 21 Rule 32 of Code of Civil Procedure-Revision against the order ... 21 Rule 32 of the Code is not relevant in the instance as the point involved here is completely different-The objection that partition ... suit is pending and no delivery of possession can be validly affected was raised by the petitioner under section 47 of Code and ... The learned counsel for the peti....
1958 0 Supreme(Cal) 290 • India - Calcutta
LAHIRI, BANERJEE
CIVIL PROCEDURE CODE - ORDER 22, RULE 4 (1) - SUBSTITUTION OF HEIRS - APPLICATION FOR SUBSTITUTION OF ONLY SOME OF THE HEIRS - ... 22, Rule 4 (1) of the Code of Civil Procedure? ... 22, Rule 4 (1) of the Code of Civil Procedure, if it is made bona fide after reasonable and diligent enquiry and in the belief that ... 22, rule 3 of the Code. ... under Or....
1998 0 Supreme(P&H) 484 • India - Punjab and Haryana
V.S.AGGARWAL
CIVIL PROCEDURE CODE - ORDER 22 RULE 4(2) - AMENDMENT OF WRITTEN STATEMENT - LEGAL REPRESENTATIVES - SCOPE OF DEFENCE - ANCESTRAL ... Order 22, Rule 4(2) of the Code of Civil Procedure allows a legal representative of a deceased defendant to make any defence appropriate ... 22, Rule 4(2) of the Code of Civil Procedure as legal representatives. ... Accordingly, it must be held that petitioners can ....
2018 0 Supreme(HP) 1177 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN
Condonation of Delay - Application for Restoration - Order 43 Rule 1 (c) of the Code of Civil Procedure - Order 22 Rule 4, 9 ( ... 2) CPC - [Sufficient grounds to condone the delay in filing application under Order 22 Rule 4, 9 (2) CPC to bring on record the LRs ... Whether there are sufficient grounds to condone the delay in filing application under Order 22 #H....
2001 0 Supreme(Gau) 81 • India - Gauhati
B.B.DEB
Abatement - Civil Procedure Code - Order 22 Rule 1, 2, 3, 4 - The court examined the provisions and applicability of related rules ... under Order 22 C.P.C. and held that the death of one or other of the numerous already substituted legal representatives (LRs) would ... No. 1 to be added as a party respondent. ... ... (a) Respondent No. 1 died on 19.2.1996 for which the appellants filed petition seeking substituti....
Filter by Legal Phrase
