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
Code of Civil Procedure apply, certainly the
provisions of Order XXII of the Code of Civil Procedure also must apply.
Order XXII Rule 3 provides ... impleading the legal representatives of the
deceased plaintiff. Rule 2 of Order XXII provides for recording that the
surviving plaintiffs or defendants shall represent
Code of Civil Procedure apply, certainly the provisions of Order XXII of the Code of Civil Procedure also must apply. Order XXII Rule 3 provides ... impleading the legal representatives of the deceased plaintiff. Rule 2 of Order XXII provides for recording that the surviving plaintiffs or defendants shall represent
16120/2006
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4. An order under Rule 9 of Order XXII of the
Code of Civil Procedure refusing to set aside the
abatement ... suit is appealable under
Order XLIII Rule 1 (k) of the Code of Civil Procedure .
Rule 11 of Order XXII states that in the application
order. The Supreme Court in V.Uthirapathi v. Ashrab Ali
(AIR 1998 SC 1168) considered the scope and ambit of Rule
12 of Order XXII ... under Rule 97 of Order XXI of the Code of Civil
Procedure . The expression used in Rule 12 of Order XXII is
"proceedings
Order IX Rule 13 of the Code of Civil Procedure to set
aside the exparte decree and also prayed for impleading
under Order XXII Rule ... transferee chosen
to come on record by taking recourse to
Order 22 Rule 10 CPC . In case of an
assignment, creation or devolution
states
that the provisions of Section 146 and Order XXII of the
Code of Civil Procedure shall, as far as possible, be
applicable ... Civil Court under Section 107 and
Rules 23 and 23-A of Order XLI the Code of Civil Procedure .
The finding under the second proviso
survives to her legal representatives and allowed the
application for impleading. That order was challenged in Revision.
Dismissing the Revision, R.S.Pathak ... cannot be
an abatement once an application has been filed under
Order XXII Rule 3 C.P.C . within the time limited. Since
such
states that the provisions of
s.146 and Order XXII of the Code of Civil Procedure
R.C.R. No.358 of 2010
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shall ... Civil Court under S.107 and
Rr.23 and 23-A of Order XLI the Code of Civil
Procedure . The finding under the second proviso
complaint pending before it,
subject to the provisions of Order XXII of the Code of
Civil Procedure , 1908, in so far as they are
applicable ... legal representatives of a deceased party,
subject to the provisions of Order XXII of the Code of Civil
Procedure . What is provided in sub-rule
