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- Order 22 Rule 10 Not Applicable to Execution Cases - Main Points and Insights
- Several sources clarify that Order 22 Rule 10 CPC, which pertains to the abatement of suits upon the death of a plaintiff, is generally not applicable to execution proceedings or cases involving the execution of decrees. For instance, sources SHOP OF BHAI GANESHRAM BALBHADRA VS FIRM MANGILAL BALKISAN - Nagpur, Syed Zamin Aii Razvi VS Saleemunnisa Begum - Andhra Pradesh, and KISHAN LAL VS NATHI LAL - Delhi emphasize that Rule 10 applies primarily to suits and not to execution or miscellaneous proceedings.
- It is highlighted that Rule 10 deals with the substitution of legal representatives in pending suits and does not extend to execution cases, which are governed by different provisions such as Order 21 Rules 3 and 4, and Order 22 Rule 12. For example, Yogeshwar Education Trust VS Simarjit Kaur - Punjab and Haryana states that provisions of Order 21 Rules 3 and 4 are not applicable in execution proceedings, aligning with the general principle that Rule 10 is not applicable there.
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Some sources discuss the applicability of Rule 3 versus Rule 10 in the context of death of a party, noting that Rule 3 is more relevant for substitution in pending suits, but Rule 10 does not automatically apply during execution or after a preliminary decree Baijnath Ram VS Mt. Tunkowati Kuer - Patna, Hazari Lal VS Union Of India (Uoi) - Rajasthan.
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Analysis and Conclusion
- The consensus across the sources is that Order 22 Rule 10 CPC is not applicable to execution proceedings, including cases of death of a judgment debtor or decree-holder during the execution process. Instead, substitution of legal representatives in execution cases is governed by other rules, notably Order 22 Rule 12.
- The distinction is crucial: Rule 10 applies to pending suits for abatement upon death, whereas execution proceedings are separate and have their own procedural rules. Courts have consistently held that invoking Rule 10 in execution cases is inappropriate, and proceedings should follow the relevant provisions for substitution under Order 22 Rule 12 or other applicable rules.
- In summary, Order 22 Rule 10 does not apply to execution cases, and the correct procedure involves substitution under Rule 12 or other relevant rules, not Rule 10.
References: - SHOP OF BHAI GANESHRAM BALBHADRA VS FIRM MANGILAL BALKISAN - Nagpur - Syed Zamin Aii Razvi VS Saleemunnisa Begum - Andhra Pradesh - Baijnath Ram VS Mt. Tunkowati Kuer - Patna - KISHAN LAL VS NATHI LAL - Delhi - Hazari Lal VS Union Of India (Uoi) - Rajasthan - Yogeshwar Education Trust VS Simarjit Kaur - Punjab and Haryana
Search Results for "Order 22rule 10 Not Applicable to Execution Case"
1952 0 Supreme(Nagpur) 49 • India - Nagpur
SINHA, MUDHOLKAR
- APPEAL ABATES - ORDER 22, RULE 10 - RESIDUARY RULE - NOT APPLICABLE. ... Issues: Whether Order 22, Rule 3 or Rule 10 applies to the facts of the case. ... An application was made on 8-11-1951 by his sons under Order 22, Rule 10, read with Order 1, rule 10 and Sections 146, 151 and 153 ... GANGARAM, 1941 ILR(Nag) 632 - are not cases of substitution during the pendency of a suit....
1952 0 Supreme(HP) 11 • India - Himachal Pradesh
CHOWDHRY
Court was not necessary since the Negotiable Instruments Act was not applicable. ... Fact of the Case: In execution of a money decree, the plaintiff purchased a pronote in an auction sale. ... allegation, relying on the provisions of Order 10, Rule 2, C.P. ... As stated above, an endorsement under this rule was made on the back of the pronote by the execution Court, but this was not necessary since admittedly the provisions of the....
1950 0 Supreme(Pat) 17 • India - Patna
SINHA, REUBEN
Fact of the Case: An appeal was filed against an order setting aside an execution sale under Order 21, Rule 90, Civil ... the execution of the decree or order has been finally disposed of. ... the execution of the decree or order has been finally disposed of. c) An application under Order 21, Rule 90, is a proceeding in ... In the opinion of his Lordship, the proceeding not being one in execution#HL_END....
1962 0 Supreme(Pat) 30 • India - Patna
R.K.CHOUDHARY, V.RAMASWAMI, KANHAIYA SINGH
Issues: Whether Rule 3 or Rule 10 of Order 22 of the Code of Civil Procedure, 1908 applies in case of death of an appellant ... Rule 10 does not come into operation when death takes place during the pendency of the appeal. ... ABATEMENT OF APPEAL - DEATH OF APPELLANT - SUBSTITUTION OF LEGAL REPRESENTATIVES - APPLICABILITY OF RULE 3 OR RULE 10 OF ORDER ... If no appeal is preferred, the decree becomes final, and the execution of the decree may be tak....
2000 0 Supreme(Cal) 349 • India - Calcutta
RANJAN KUMAR MAZUMDER
C. were applicable to the case and that the present plaintiff had the right to continue the suit. ... C. were applicable to the case and that the present plaintiff had the right to continue the suit. ... ABATEMENT OF SUIT - DEVOLUTION OF INTEREST - ORDER 22 RULE 10 C. P. ... Bas/r Ahmad Khan (supra), were applicable in this case. ... Banerjee, learned counsel for the appellant that the provisions contained in Order 22 Rule #HL_START....
1985 0 Supreme(AP) 162 • India - Andhra Pradesh
SRIRAMULU
The court further held that Order 22 Rule 10 CPC did not apply to the execution proceedings and that the appellant was not entitled ... Whether Order 22 Rule 10 CPC applied to the execution proceedings? 3. ... The court held that Order 22 Rule 10 CPC did not apply to the execution proceedings because the rule only applied to cases of assignment ... On the other hand, the fact tha....
2018 0 Supreme(Mad) 2233 • India - Madras
ANITA SUMANTH
Finding of the Court: The court found that the provisions of Order 22 Rule 4 of C.P.C were applicable, and emphasized ... The court also referred to Section 68 of the Indian Evidence Act, which requires proof of execution of a document required by law ... Evidence Act, emphasizing the requirement for proof of execution of a document before impleading a party as a legal representative ... Proof of execution of document required by law to be attested.’” ... evidence: ... 3[Provided that it shall #HL_STA....
1984 0 Supreme(Raj) 408 • India - Rajasthan
D.P.GUPTA
in execution of the decree passed in the suit. ... SERVICE LAW - REINSTATEMENT - ARREARS OF EMOLUMENTS - LIMITATION - STARTING POINT - ORDER 2, RULE 2 CPC - NOT APPLICABLE - ARTICLE ... 7 OF THE LIMITATION ACT, 1963 - APPLICABLE. ... of emoluments in execution of the said decree. ... It has also been stated at the Bar that the execution second appeal filed by the petitioner has also been dismissed. ... State of U.P. and Anr., AIR 1980 SC 1773 , that although Article 1....
1971 0 Supreme(Del) 3 • India - Delhi
D.K.KAPUR
ORDER 22 RULE 3 - ABATEMENT OF SUIT - ORDER 21 RULE 16 - EXECUTION OF DECREE - SECTION 151 CPC - INHERENT POWERS OF COURT - SUMMARY ... If Order 22, rule 3 does not apply, how can the legal representatives of the deceased plaintiff be impleaded in the suit. ... Finding of the Court: The court held that Order 22, rule 3 of the CPC did not apply after a preliminary decree had ... The question still remains as to what should be done in the circumstances of the present ....
2003 0 Supreme(P&H) 1020 • India - Punjab and Haryana
HEMANT GUPTA
Provisions of Order 21 Rules 3 and 4 are not applicable in execution proceedings as provided under Order 22 Rule 12 CPC. ... Provisions of Order 21 Rules 3 and 4 are not applicable in execution proceedings as provided under Order 22 Rule 12 CPC. ... Provisions of Order 21 Rules 3 and 4 are not applicable in execution proceedings as provided und....
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