record under Order 1 Rule 10 of the Code; hence, the
earlier order rejecting the application filed under
Order 22 Rule 4 of the Code ... Order
1 Rule 10 of the Code. Hence, the order passed by the
trial Court on the application filed under Order 22
Rule 4
abatement under Order 22, Rule 9, C.P.C . to set aside the abatement. However applications were filed under Order 22, Rule 10 and under ... parties to the appeal under Rule 10 of Order 1
by circumventing the provisions of Rule 3 of Order 22
22, Rule 4. While setting aside the abatement order, the Court is entitled to pass the order under Sub-rule (4) of Order 22, Rule ... this case.
Firstly, as to whether the Sub-rule (4)
added to Rule 4 of Order 22 of the
Civil P. C. by the Civil
being
CMP No.127 of 2004, under Order 1 Rule 10(2) and
Order 22 Rule 4 CPC , for deletion of name of respondent ... Rule 9 of Order 22 CPC , which
specifically talks about setting aside the abatement, if
any. Hence, any application moved under Order 22 Rule
4
provided for under rules 3 and 4. Sub-rules (3) and (4) of rule 4 must be read together. Sub-rule (3) will not operate ... Court grants exemption under sub-rule (4) before pronouncing of the judgment.
22. In Sub-rule (4) of Order 22, Rule 4, no period
appeal has come up before us for orders on the three applications under Order 22 Rule 4. Order 22, Rule ... deceased respondent to be made a party. Sub-rule (iii) of Order 22 Rule 4 further provides that where within the time prescribed
application under Order 22 Rule 5 C.P.C ., and the tenant cannot take shelter under Order 22 Rule 4(4 ... better to verify Rule 11 at the foremost. Order 22 Rule 11 runs as follows:
Order 22 Rule 11.Application of Order to appeals
that after withdrawal of the applications filed Under Order 22 Rule 3, Under Order 22 Rule 9 CPC and Sec 5 of the Limitation ... provision of Order 1 Rule 10 of CPC could not be invoked to defeat the provision of Order 22 Rule 3, 4
invocation of sub Clause (4) of Rule 4 of
Order 22 for the purpose of an exemption from
substituting the heirs of defendant ... AIR1953All565 in regard to
the respective scope of Order 41, Rule 4 and Order 22, Rules 3
and 11 and approved by the Supreme Court
defence. In any event, according to Mr. Ganju, even
under Order 22 Rule 4 CPC the right of newly impleaded respondent to
file a defence ... said thus:
"The sub-rule (2) of Rule 4 of Order 22 authorises the
legal representative of a deceased defendant to file an
additional
