interpretation of Order XXII Rule 4[4] of the Code
of Civil Procedure
[for short ` the CPC '].
4. The interpretation given by the High ... subject to Order XXII Rule 4(4) of the CPC
which runs as under :-
"Order 22 Rule 4 (4) The Court whenever it thinks
procedure prescribed in Order XXII Rule 5
of the CPC which reads as under:
"Order XXII Rule 5 - Determination of question as to legal ... expression "Appellate Court" occurring in
Order XLI Rule 25 read with Order XXII Rule 5 proviso would not only
include the first Appellate
stated above, prior to the insertion of Sub-rule (4) in Rule 4 of Order XXII of the Code, a similar provision was incorporated ... that after an order of abatement has been passed, the provision of Sub-rule (4) of Rule (4) of Order XXII of the Code will
rule (4) of Rule 4 of the Order the suit shall abate and the court's power to exempt under Order XXII Rule 4 ... specifically provided for under rules Sand 4. Sub-rules (3) and (4) of Rule 4 must be read together. Sub-rule (3) will not operate
order dated 26.4.2016
passed by the learned Single Judge, in the application being I.A. 261 of
2016, under Order XXII Rule 4 (wrongly mentioned ... filed by the Respondent No.1 under Order XXII
Rule 3 as an application under Order VI Rule 17 for amendment of the
plaint, allow
Order XXII of the CPC provides for the procedure to be adopted on the
death, marriage and insolvency of parties. Order XXII Rule 4 deals ... Order XXII Rule 4 sub-rule (2).
When defendant no.5 died, the right to sue, it is submitted, survived against
4/19
::: Uploaded
filed under Order XXII.
12. Turning to the next issue, I have to point out that Order XXII Rule 4
(4) was brought into ... explicitly in Order XXII. In fact, the word "exparte" is
not even used under Order XXII Rule 4 (4). The tests, as pointed
application under Order
XXII Rule 9 of the CPC ;
(ix) In terms of Order XXII Rule 4 (i), (iii) and (v) and Order XXII Rule ... under
Order XXII Rule 9 of the CPC . Even if the aforesaid application filed on
behalf of the plaintiff under Order XXII Rule 4
procedure
prescribed in Order XXII Rule 5 of the CPC which reads as
18
under:
“Order XXII Rule 5 – Determination of question as to
legal ... lastly, the expression “Appellate Court”
occurring in Order XLI Rule 25 read with Order XXII Rule 5
proviso would not only include the first Appellate
whereby the Learned Trial Court, allowed the application under Order XXII
Rule 4 &10A read with Section 151 of Code of Civil Procedure ... Order XXIII
rule 3 CPC relates to the procedure in case of death of one of several
plaintiffs or sole plaintiff. Rule XXII Rule 4
