AI Overview...
- Order 22 Rule 4(4) - Party against Whom No Relief Was Sought
- Main Points and Insights:
- The rule pertains to the procedure when a party against whom no relief is claimed is involved in a legal proceeding. It emphasizes that such parties should not be unnecessarily affected or made liable if no relief has been sought against them. The courts and authorities must ensure proper notice and opportunity of hearing before passing any orders involving such parties.
- In the provided references, courts have highlighted the importance of verifying grounds, ensuring fair opportunity, and avoiding orders based on surmises or conjectures, especially when no relief is sought against certain parties (e.g., SURESH SINGH VS BOARD OF REVENUE, LUCKNOW, U. P. - Allahabad, RAMESH CHAND JAIN VS DELHI DEVELOPMENT AUTHORITY - Delhi).
- Orders passed without proper verification or in the absence of relief sought against a party are considered mala fide or without jurisdiction.
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Analysis and Conclusion:
- Under Order 22 Rule 4(4), if no relief is sought against a party, courts must exercise caution, ensuring that such parties are not adversely affected without proper proceedings. Orders passed in violation of this principle are likely to be invalid or mala fide, emphasizing the need for due process and clarity in legal proceedings (SURESH SINGH VS BOARD OF REVENUE, LUCKNOW, U. P. - Allahabad, RAMESH CHAND JAIN VS DELHI DEVELOPMENT AUTHORITY - Delhi).
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Additional Context from Other Sources
- The references also discuss procedural safeguards, proper service of notices, and the importance of verifying addresses before executing warrants or orders, which aligns with the principle of fair notice and opportunity of hearing in legal procedures (TANMAY KUMAR vs STATE - Delhi, TANMAY KUMAR vs STATE - Delhi, SUNIL TYAGI vs GOVT OF NCT OF DELHI & ANR - Delhi).
- These emphasize that procedural irregularities, such as passing orders without proper notice or verification, can render actions void or liable to challenge.
In summary, Order 22 Rule 4(4) mandates that parties against whom no relief is sought should not be subjected to adverse orders without proper notice and opportunity. Courts must exercise due diligence to prevent mala fide or unwarranted actions, ensuring procedural fairness and legality.
Search Results for "Order 22 Rule 4 4 for Party against Whome no Relife was Sought"
2014 0 Supreme(All) 682 • India - Allahabad
RAN VIJAI SINGH
there being any notice or opportunity of hearing to the petitioner as well as Additional Commissioner—The transfer was neither sought ... without verifying the genuineness of the grounds taken in the transfer application—Member, Board of Revenue directed to pass a fresh order ... Learned Member, Board of Revenue was exercising power of the Court and in Court proceeding this kind of order can never be passed particularly in the circumstances when relief has been sought on the ground of mala fide against....
1998 0 Supreme(Del) 864 • India - Delhi
VIJENDER JAIN, VUENDER JAIN
Rule is made absolute. ... Keeping in view the facts and circumstances of this case, I hold that the impugned orders dated 16.4.1991 and 5.9.1991 are mala fide ... based upon surmises and conjectures — petitioner already suffered much — it will not be in the interest of justice if the aggrieved party ... Kumar has further contended that the petitioner, who is a lay man, should not be punished on account of mistake in advice by a counsel as some relief, which has been sought in the writ petition regardin....
1982 0 Supreme(J&K) 71 • India - Jammu and Kashmir
I.K.KOTWAL
CIVIL PROCEDURE CODE - Order 21 Rule 32 - Execution of decree - Attachment of property - Property belonging to judgment-debtor ... did not operate as res judicata, as it was dismissed on the ground that they had no right to challenge the decree, not on merits. 4. ... Judge in the appeal against the decree took away the jurisdiction of the trial court to pass orders in the execution application. 4. ... So long as it was not sought to be executed against them by seeking the necessary leave in terms of sub....
1967 0 Supreme(Del) 95 • India - Delhi
M.M.ISMAIL
nullity in case of voidable marriage merely uses the words petitioner and respondent and does not use the words husband and wife. 4. ... - REMARRIAGE OF WIFE OR ADULTERY - RESCISSION OF ORDER. ... Similarly, section 11 dealing with void marriages also uses the expression "either party thereto (to the marriage)". ... This argument was sought to be supported from the use of the expression occuning in the section, namely, "while the applicant remains unmarried". ... The legislature, in enacting section 25, has even #HL_STAR....
2013 0 Supreme(Mad) 100 • India - Madras
M.JAICHANDREN
CONSTITUTION OF INDIA - RESTRICTIONS ON FREEDOM OF TRADE AND PROFESSION - REASONABLENESS - SAFEGUARDS PROVIDED UNDER SECTION 132 AND RULE ... The existence of an alternative remedy is not always a sufficient reason for refusing the relief sought by the petitioner to prohibit an authority acting without jurisdiction from continuing such action. ... Such an adventure should be avoided as it not only frustrates the objectives sought to be achieved by such salutary provisions but spoils the reputation of the department and c....
• India - Delhi High Court
In the first category, the Court has to ensure that the address at which the accused is sought to be served is the true and complete address of the accused. ... 4. Vide order dated 07th March, 2014, Mr. Surinder S. ... The Supreme Court and different High Courts have repeatedly sought to address the issue of routine issuance of warrants in Vikas v. ... 5 Rule 10 of CPC. ... Section 86 CrPC lays down the rule regarding appeal from order rejecting appli....
• India - Delhi High Court
In the first category, the Court has to ensure that the address at which the accused is sought to be served is the true and complete address of the accused. ... 4. Vide order dated 07th March, 2014, Mr. Surinder S. ... The Supreme Court and different High Courts have repeatedly sought to address the issue of routine issuance of warrants in Vikas v. ... 5 Rule 10 of CPC. ... Section 86 CrPC lays down the rule regarding appeal from order rejecting appli....
• India - Delhi High Court
In the first category, the Court has to ensure that the address at which the accused is sought to be served is the true and complete address of the accused. ... 4. Vide order dated 07th March, 2014, Mr. Surinder S. ... The Supreme Court and different High Courts have repeatedly sought to address the issue of routine issuance of warrants in Vikas v. ... 5 Rule 10 of CPC. ... Section 86 CrPC lays down the rule regarding appeal from order rejecting appli....
• India - Delhi High Court
In the first category, the Court has to ensure that the address at which the accused is sought to be served is the true and complete address of the accused. ... 4. Vide order dated 07th March, 2014, Mr. Surinder S. ... The Supreme Court and different High Courts have repeatedly sought to address the issue of routine issuance of warrants in Vikas v. ... 5 Rule 10 of CPC. ... Section 86 CrPC lays down the rule regarding appeal from order rejecting appli....
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