open to decision at the hearing. While deciding the question under Order XXII of the Code of Civil Procedure , it is tentative for the purpose ... taken the view that an order under Order XXII is not in the nature of interlocutory order and is conclusive and binding. With great respect
would not make the order passed
therein, a nullity, on the basis of the principles enunciated in Order XXII.
24. But, the said contention ... provision has been incorporated under Order IV, Rule
25. It reads as follows:-
"The provisions of Order XXII of the Code and Indian Limitation
envisaged by Order XXII Rule 3(1) of
the CPC . Order XXII Rule 1 clearly states that the death of a plaintiff
would not cause ... trial
and decision. The learned ADJ, while passing an order under Order
XXII Rule 1 of the CPC , is not mandatorily required to delineate
order of
abatement was not set aside on any application filed by the respondents 1 to 5,
as required under Order XXII Rule ... Code
of Civil Procedure and the limitation Act;
(i) Order XXII Rule 3 provides, Where one of two or more plaintiffs dies
and the right
petitioner contends that since the application was an application under Order XXII, Rule 10 of the Code of Civil Procedure , therefore, the question of abatement ... made under Rules 3, 4 and 5 of Order XXII of the Code, in such cases abatement sets in on the expiry of 90 days
Madan Naik v.
Hansubala Devi11 to contend that a specific order under Order XXII
Rule 9 of the CPC , setting aside the abatement, was necessary ... decision in
Madan Naik11, to contend that, while no specific order, under Order
XXII Rule 9 of the CPC , declaring proceedings to have abated
under Order
I Rule 10 was, therefore, alleged to be a convoluted effort at avoiding
the limitation applicable to applications under Order XXII Rule ... respondents' application, by submitting that Order I Rule
10 is no substitute for Order XXII Rule 3, which was subject to a strict
limitation
substitution of the legal heir of the deceased /
plaintiff and under Order XXII Rule 3 read with Section 151 C.P.C to
implead ... suit, application invoking Order IX
Rule 9 C.P.C was not available in law, he would also contend that Order
XXII Rule
substitution of the legal heir of the deceased /
plaintiff and under Order XXII Rule 3 read with Section 151 C.P.C to
implead ... suit, application invoking Order IX
Rule 9 C.P.C was not available in law, he would also contend that Order
XXII Rule
substitution of the legal heir of the deceased /
plaintiff and under Order XXII Rule 3 read with Section 151 C.P.C to
implead ... suit, application invoking Order IX
Rule 9 C.P.C was not available in law, he would also contend that Order
XXII Rule
