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
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
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
Venigalla Koteswaramma vs Malempati Suryamba . on 19 January, 2021
Equivalent citations: AIRONLINE 2021 SC 27
with by the trial Court in view
of the provisions of Order XXII Rule 4 Sub-Rule 4, which is as under:
“4. Procedure ... this stage briefly trace the history of the amendment of
Order XXII, Rule 4 only to highlight the purpose underlying the same. The
Law Commission
substitution is effected in accordance with the
procedure laid down in Order XXII. In terms of section 34(1)
of the Act, if death occurred ... laid down in O. XXII
of the Code. Rule 11 of Order XXII indicates that the
provisions of the Code do apply to appeals
interlocutory application being I.A. no.
9676 of 2003 under Order XXII Rule 4(4) of the Code of Civil Procedure for
proceeding with ... Dass, AIR 1992 Mad. 159, reiterated
that the order granting exemption in terms of Order XXII Rule
4(4) CPC has to precede the judgment
advance the cause of justice, the same may
not be overlooked.
Order XXII Rule 3 C.P.C.
“3. Procedure in case of death ... XXII Rule
3 is applicable also to appeals filed under Order
41. Order XXII Rule 3 declares that where one of
two or more plaintiffs
applicable
to 1986 Act, and in terms of Order XXII Rule 4, even if sole
defendant dies, his legal heirs ought to be substituted when ... Section 13(7) of the 1986 Act
provides for applicability of Order XXII where the complainant or
the opposite party dies. Rule 4 of Order
