AI Overview...
- Order 22 Rule 10 - Applicability in Darkhast Proceedings Pending
Main points and insights:
-
Order 22 Rule 10 pertains to the procedure for substitution of heirs or legal representatives when a party to a suit or proceeding, including darkhast (execution) proceedings, dies during pendency. It mandates that the legal representatives be brought on record to continue the proceedings (e.g., Mukul Thakorebhai Amin VS Shree Mahalaxmi Mercantile Co-Op. Bank Ltd. - Gujarat, Musa s/o Bandu Patel, deceased through LRs. VS Abdul Raheman s/o Bandu Patel - Bombay).
-
Pending Darkhast Proceedings: Several sources confirm that Order 22 Rule 10 is applicable to pending darkhast proceedings, requiring the court to substitute heirs or legal representatives to ensure the continuation of execution processes. For instance, in Musa s/o Bandu Patel, deceased through LRs. VS Abdul Raheman s/o Bandu Patel - Bombay, the court discusses the abatement of proceedings due to non-joinder of legal representatives, emphasizing that provisions like Order 22 Rule 10 are relevant in such contexts.
-
Limitation and procedural aspects: Some cases highlight that the application of Order 22 Rule 10 also involves considerations of limitation and whether proceedings are barred by time, especially when proceedings are stayed or pending due to insolvency or other legal issues (Anant Govind Jhara VS Mataji Raghunathji Rathod, deceased by heir Ramlal Mataji Rathod - Bombay, Magandas Bhukandas VS Bhalchandra Ramrao - Bombay).
-
Transfer and jurisdiction issues: In certain instances, like HASMUKHBHAI MANMOHANDAS PATEL VS PUNAMCHAND KALIDAS - Gujarat and Shahnaz Shaharyari alias Shirin Shaharyari VS Vijay s/o. Yeshwant Gawande - Bombay, the applicability of Order 22 Rule 10 is discussed in relation to transfer of proceedings and jurisdictional matters, but the core principle remains that the rule governs substitution in pending darkhast proceedings.
Analysis and Conclusion:
Order 22 Rule 10 is clearly applicable to darkhast (execution) proceedings that are pending at the time of a party’s death. The rule mandates that the legal representatives of the deceased be substituted to allow the proceedings to continue without abatement. Courts have consistently held that failure to implement this rule can lead to the abatement of proceedings (Musa s/o Bandu Patel, deceased through LRs. VS Abdul Raheman s/o Bandu Patel - Bombay), and its proper application ensures the effective and lawful execution of decrees. Therefore, in pending darkhast proceedings, Order 22 Rule 10 is applicable and must be invoked to facilitate the continuation of legal processes following the death of a party.
References:
- Mukul Thakorebhai Amin VS Shree Mahalaxmi Mercantile Co-Op. Bank Ltd. - Gujarat
- Musa s/o Bandu Patel, deceased through LRs. VS Abdul Raheman s/o Bandu Patel - Bombay
- Anant Govind Jhara VS Mataji Raghunathji Rathod, deceased by heir Ramlal Mataji Rathod - Bombay
- Magandas Bhukandas VS Bhalchandra Ramrao - Bombay
- HASMUKHBHAI MANMOHANDAS PATEL VS PUNAMCHAND KALIDAS - Gujarat
- Shahnaz Shaharyari alias Shirin Shaharyari VS Vijay s/o. Yeshwant Gawande - Bombay
Search Results for "Order 22 Rule 10 Aaplicable in Darkhast Proceedings Pending"
2012 0 Supreme(Guj) 789 • India - Gujarat
S.R.BRAHMBHATT
Registry is directed to return the record & proceedings to Court below immediately. ... The bank filed darkhast for recovering the amount decreed in its favour. ... Darkhast being Special Darkhsat No.81 of 2004 came to be filed before the Civil Judge application below exhibit - 4 came to be filed ... The petitioner preferred application in the darkhast proceedings being application exhibit-43. ... Thus the provision of Order 21 Rule 22#HL_....
1970 0 Supreme(Bom) 71 • India - Bombay
M.S.APTE
Ratio Decidendi: The court held that the principle of constructive res judicata is applicable to execution proceedings as ... Court, before which that darkhast was filed, was bound to examine whether the darkhast was filed beyond the period of limitation ... Final Decision: The court allowed both the appeals, set aside the orders passed by the lower court, and sent back the execution proceedings ... R. proceeding was pending, obviously this darkhast....
1963 0 Supreme(Guj) 56 • India - Gujarat
N.M.MIABHOY
decided is that by virtue of fact that darkhast was pending in Court of learned Civil Judge Ahmedabad on appointed day and that ... matter to Narol Court was wrong and that order of Narol Court transferring darkhast back to City Court was correct and that reference ... , 23 – Provincial Small Cause Courts Act 1887 – Jurisdiction – Proceedings – Cognizable – Transfer of suit – Appellate jurisdiction ... Whilst this darkhast was pending The Ahmedabad City Courts Act 196....
2001 0 Supreme(Bom) 165 • India - Bombay
V.C.DAGA
The directions should be applicable to all pending cases. ... XX Rule 18- Proceedings under Section 11- Steps taken by decree holder just to remind the court its duty will not attract provisions ... ... CIVIL PROCEDURE CODE, 1908 Order XX, Rule 18- Preliminary decree ... ... These directions shall also be applicable to all such pending petitions/applications. All such pending petitions/applications must be disposed of as early as....
1953 0 Supreme(Bom) 94 • India - Bombay
D.V.VYAS, P.B.GAJENDRAGADKAR
Pending this application, he filed a darkhast to execute his award decree on 17-11-1942. ... The decree-holder sought to exclude the period between 22-1-1941 and 18-10-1949 in computing the limitation period for his darkhast ... The court reasoned that the doctrine of relation back is a legal fiction that is confined to the proceedings in bankruptcy and has ... ... On 22-1-1941, the decree-holder himself filed an application in insolvency against the judgment-debtor,....
2014 0 Supreme(Guj) 194 • India - Gujarat
K.M.THAKER
Darkhast and consequently, be pleased to hold and declared that Darkhastdar of said Darkhast is not entitled to withdraw the amount ... procedure and rules of execution of decree as laid down in C.P.C. at the time of allowing the claim made by Darkhastdar in said Darkhast ... No. 10 and other columns are not in accordance with the law and the judgment delivered by this Honble Court – Held, Impugned quantification ... to proceedings pending on or after 30-4-1982) sub-sec. (1A) would not....
2012 0 Supreme(Bom) 1553 • India - Bombay
S.V.GANGAPURWALA
of sale in their favour in the darkhast proceedings and thereafter the darkhast proceedings were disposed of. ... 95 and/or 96, the execution proceedings stood determined. ... It was only in the year 1980 the proceedings between the parties regarding the adjudication of the status of defendants not being ... The decree holder filed Regular Darkhast No. 1097/1944. In the darkhast proceedings the said agricultural lands were sold by a....
1994 0 Supreme(Bom) 201 • India - Bombay
B.U.WAHANE
Refusal of transfer of execution proceeding taken out of decree. ... Shahnaz Shaharyari alias Shirin Shaharyari takes exception to the execution proceedings pending before the Family Court at Bombay, being Regular Darkhast No. 186 of 1993 in M.J. Petition No. ... Hence, this petition for issuance of prohibitory order for quashing and setting aside the execution proceedings in Regular Darkhast No. 186 of 1993, and alternatively for transfer of the proceedings....
1978 0 Supreme(Bom) 62 • India - Bombay
G.N.VAIDYA
21, Rule 46, upon a Darkhast filed in 1966. ... PENDING - REQUIREMENTS - GOOD FAITH - DUE DILIGENCE - COURT UNABLE TO ENTERTAIN PROCEEDINGS - INTERPRETATION. ... Final Decision: The court allowed the appeal, set aside the lower court's order, and dismissed the Darkhast as barred by limitation ... which the insolvency proceedings were pending, should be excluded under section 14(2) of the Limitation Act, which has already been quoted above. ... other....
2013 0 Supreme(Bom) 246 • India - Bombay
S.S.SHINDE
Civil Procedure Code, 1908 - Order XXII, Rule 9 - Limitation Act, 1963, Articles 120 and 121 - Abatement of appeal. ... passed in year 2011 while rejecting application for bringing LRs. on record, even then Articles 120 and 121 of Act applicable. ... ... Where appellant died in year 1996 and order that "appeal abates" ... In the said Darkhast, summons are issued on 10th October, 2008 and the applicants herein, caused their appearance in the said Darkhast proceedings ....
Filter by Legal Phrase
