immediately noticed that this was a case which
involved Order XXII Rule 4. Order XXII Rule 4 reads
as follows:
“4. Procedure in case ... 3 provides
for the converse of Order XXII Rule 4. That is to
say Order XXII Rule 3 deals with a case where
that the provisions of Section 11 , Order 2 Rule 2, Order 9 Rule 9 and Order 2 Rule 1(4) of the Code ... preliminary issue, as provided under Order XIV Rule 2 of the Code. The provisions contained in Order XXII Rule 3(2) of the Code
within the meaning of Order 1, Rule 10,C. P.C. and hence the petition under Order XXII, Rule 3, C.P.C . could neither ... deceased and such a case is governed by Rule 2 of Order XXII and not Rules 3 and 4 of that order
question, then, is whether, of the various Rules under Order
XXII of the CPC , Rules 3 and 4 would apply, as contended by Ms.
Agnihotri ... Shiam Dass, the Supreme
Court held that Order XXII Rule 10 applied, and not Order XXII
Rules 3 or Rule 4. The only difference between
take into account the provision under Rule 3,
Rule 4, Rule 9 and Rule 10(A) of Order XXII of
CPC , which read thus ... condonation of delay),
11812/2009 (under Order XXII, Rule 9, CPC ) and 11813/2009
(under Order XXII, Rule 3, CPC ) were filed to set aside
would arise. Provisions of Order XXII, Rule 10 in such a case would be attracted and not Order XXII, Rule 3 ... doubt this Rule 1 has to be read with in conformity with other Rules under Order XXII.
21. Rule 2, Order XXII lays down
Order
I Rule 10 was, therefore, alleged to be a convoluted effort at avoiding
the limitation applicable to applications under Order XXII Rule 3.
Inasmuch ... respondents' application, by submitting that Order I Rule
10 is no substitute for Order XXII Rule 3, which was subject to a strict
limitation
take into account the provision under Rule 3,
Rule 4, Rule 9 and Rule 10(A) of Order XXII of
CPC , which read thus ... condonation of delay),
11812/2009 (under Order XXII, Rule 9, CPC ) and 11813/2009
(under Order XXII, Rule 3, CPC ) were filed to set aside
take into account the provision under Rule 3,
Rule 4, Rule 9 and Rule 10(A) of Order XXII of
CPC , which read thus ... condonation of delay),
11812/2009 (under Order XXII, Rule 9, CPC ) and 11813/2009
(under Order XXII, Rule 3, CPC ) were filed to set aside
take into account the provision under Rule 3,
Rule 4, Rule 9 and Rule 10(A) of Order XXII of
CPC , which read thus ... condonation of delay),
11812/2009 (under Order XXII, Rule 9, CPC ) and 11813/2009
(under Order XXII, Rule 3, CPC ) were filed to set aside
