deceased
plaintiff‟s daughter, the respondent filed an application under Order XXII
Rule 3 of CPC , to substitute the deceased plaintiff. The petitioner opposed ... right of
heirship to the parties. The order passed on an application filed under Order
XXII cannot be said to be on the merits
REZA
CAV ORDER
37 20-06-2023 Re:-I.A. No. 02 of 2020
This interlocutory application has been filed under
Order XXII Rule ... instant I.A. No. 02 of 2020 has been under
Order XXII Rule-3, 4, 9 and 10(a) & Section 151 of the Code
happened during the
pendency of such litigation. Precisely for such
reason, Order XXII of the Code of Civil Procedure
was incorporated to save the pending ... made. We
hasten to add that several provisions contained
under Order XXII of the Code is neutral in the
sense that it does not restrict
petitioners against defendant-respondents stands abated in terms of Order
XXII Rule 4 CPC , due to failure of the plaintiff-petitioners to file an
application ... would submit that the
impugned orders are patently contrary to the mandate of Rule 2-B of Order
XXII CPC (as inserted vide local amendment
vide second impugned order dated 26.04.2023. Hence present petition.
5. Learned counsel for the petitioner submitted that impleadment under Order XXII Rule ... filing of impleadment application under Order XXII Rule 10, CPC . Order XXII Rule 10, CPC provides that in case of assignment, creation or devolution
added as Respondent to the First
Appeal. Mr.Kanade relied on Order XXII Rule 10 and 11 of the Code of
Civil Procedure ... ease of
reference, both are reproduced herein:
"Order XXII Rule 10
xxxxxxx
10. Procedure in case of assignment before final order in suit
added as Respondent to the First
Appeal. Mr.Kanade relied on Order XXII Rule 10 and 11 of the Code of
Civil Procedure ... ease of
reference, both are reproduced herein:
"Order XXII Rule 10
xxxxxxx
10. Procedure in case of assignment before final order in suit
added as Respondent to the First
Appeal. Mr.Kanade relied on Order XXII Rule 10 and 11 of the Code of
Civil Procedure ... ease of
reference, both are reproduced herein:
"Order XXII Rule 10
xxxxxxx
10. Procedure in case of assignment before final order in suit
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 15.11.2023
03. 1. This matter is taken up through hybrid mode.
2. Order dated 24th December, 2021 (Annexure ... objection to the sustainability of
order under Annexure-7, also participated in the hearing of the
petition under Order XXII Rule 3 CPC filed
order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order ... order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order
