section (1) of section 2, the provisions of rule 8 of Order I of the First Schedule to the Code of Civil Procedure ... party against whom the complaint has been filed, the provisions of Order XXII of the First Scheduled to the Code of Civil Procedure
Legal
Representatives, application maintainability of - Code of
Civil Procedure , 1908 order XXII Rules 1 and 11 read with
section 306 of the Indian Succession ... Reading section 306 along with Rules 1 and 11
of Order XXII of the Code of Civil Procedure , 1908, it is
clear that a cause
dismissed qua the second appellant by order dated
06.08.2009. It is clear from the combined reading of Order
XXII Rules ... 1998/2012 filed under Order 1 Rule 10
CPC is treated as an application under Order XXII
Rule 3 CPC . The legal representatives of late
decided in this appeal
relates to the interpretation of Order XXII Rule 4[4] of the Code
of Civil Procedure
[for short ... same and
thereafter even there being any exemption obtained under Order
XXII Rule 4 Sub- Rule 4 of the CPC to bring the heirs
clause (v) of clause (5) of section 2, the provisions of Order I Rule 8 of the First Schedule to the Code of Civil Procedure ... party against whom the complaint has been filed, the provisions of Order XXII of the First Schedule to the Code of Civil Procedure
appeal. That is
the principle upon which the provisions of Order XXII of the Code of
Civil Procedure are based.
17. Rule 1 Order XXII ... legal representatives is
contained in Rules 2, 3 and 4 of Order XXII of the CPC . Rules 2, 3
and 4 of Order XXII specifically
some devolution or creation of interest within the meaning of Order XXII, Rule 10, of the Code of Civil Procedure and that the application before ... fell under Order XXII, Rule 10 or Order I, Rule 10, of the Code of Civil Procedure . He then observed that the only question before
There is a further plea that the order of abatement under Rule 3 (2) of Order XXII would only operate as against the legal representatives ... dismissed, We allow the appeal reversing the order of the court below. The application under Order XXII, Rule 10, Civil P. C. would stand dismissed
case to the trial court as provided under Order XLI Rule 25 read with
Order XXII Rule 5 proviso for holding an inquiry ... expression "Appellate Court" occurring in
Order XLI Rule 25 read with Order XXII Rule 5 proviso would not only
include the first Appellate
respondents
Mr. Shekhar Naphade submitted that the order allowing the
application in Order XXII Rule 10 CPC is in the nature of an interim
order ... hand, we find that
the order allowing the application impleading respondent No.3 as
assignee ( Order XXII Rule 10 CPC ) after 27 years of filing
