Order 22 cpc. APPLICATION UNDER ORDER 22, RULE 3, C.

Order 22 cpc Duty or pleader to communicate to Court death of a party. (1) Where an application for execution is made- (a) more than two years after the date of the decree, or (b) against the legal (4) The Court whenever it thinks fit, may exempt the plaintiff from the necessity of substituting the legal representatives of any such defendant who has failed to file a written statement or who, having filed it, has failed to appear and contest the suit at the hearing; and judgment Judgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). Procedure in case of assignment before final order in suit. Order II Rule 2(1) provides that every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish and portion of his claim in order to bring the suit The Applicant Bank further contends that under Order 22, Rule 10A the Advocate of defendant No. Stay connected to all updated on Order 22 Rule 4 of CPC Accordingly, the petitioner, while claiming as LR of Balbir Singh (defendant No. 2O06 is also disposed of. cpc order 22 rule 4(4) civil order 22 rule 4. (1) Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs The Necessity of Order 22 CPC Order 22 serves the essential purpose of ensuring that civil suits can proceed despite personal changes in the status of parties involved. In: CPC. Op Eds OP. (1) Where one of two or more defendants dies and the right to sue does not survive against the surviving defendant or Order 22 Rule 4 of cpc. 01. C. In other words, an application for setting aside the abatement has to be treated at par and the principles enunciated for condonation of delay under Section 5 of the Limitation Act Rule 9 of Order 22 of CPC permits setting aside of abatement or dismissal upon an application of an assignor also who might have acquired interest as defined in Rule 10 Order 22 CPC. The relevant provisions of Rules 4, 9 and 10 A of Order XXII of the CPC are reproduced below: it becomes plain that the expression "sufficient cause" within the meaning of Section 5 of the Act or Order 22 Rule 9 of the Code or any other similar provision should receive a liberal construction so as to advance substantial justice when no negligence or inaction or want of bona fides is Order 22 Rule 12 of CPC says that nothing under Rules 3, 4, and 8 shall apply to proceedings in execution of a decree or order. Therefore, the Order 22 CPC. 2 through a petition under Order 22, Rule 10A, Civil Procedure Code only on 4. Wherever a pleader appearing for a party to the suit comes to know of the death of that party, he shall inform the Court about it, and the Court shall there upon give notice of such death to the other party, and, for this purpose, the contract between the pleader and the deceased WritingLaw » Order 22, Rule 1 CPC. It outlines procedures when parties to a suit experience events like death, In view of above discussion and view of this Court the appeal had not been abated, therefore, it is not necessary to pass any order on the application dated 4. (1) In other cases of an assignment, creation or devolution of any interest during the pendency of a suit, may, by leave of the Court, be continued by or against the person to or upon whom such interest has come or devolved. R. 1 to proorder 9" of the code of Order 22, Rule 4 CPC has been rejected, and the case has not been declared as having abated. substitute legal representative. Allahabad. S PRAKASH, ADVOCATE [ABSENT]) THIS RFA IS FILED UNDER On these supervening events, the plaintiff took steps under Order 22 Rule 4, CPC for bringing LRs of Prem Lata on record. 2017 (Annexure P-1) passed by Civil Judge (Senior Division), Sonepat whereby application filed by the plaintiff for staying the proceedings has beenapplication filed by Sunita was allowed. Power of Supreme Court to transfer suits, etc. Section 100. This article provides a Order 22 of the Code of Civil Procedure, 1908 (CPC), plays a pivotal role in civil litigation in India. By Tejasvi Views: 51850. (2) The attachment of a decree pending an appeal Since the suit is against a dead person, substitution of legal representatives would also not be permissible under the provisions of Order 22 Rule 4 of the CPC. HIGH COURT AMENDMENT. It will help us to improve in the future. is to abate the suit against the deceased and to take away the plaintiff's right to institute a fresh suit Order 22, Rule 3 CPC. 10. 9. ED. Right to sue the remaining defendants survived under Order 22 Rule 2, CPC. Mariyam, A. Hencespecific case of appellants is that sole defendant died on 17. Revisiting the Rule of Admissions: A Case for Empowering Discretion. Where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the Court shall cause an entry to the Order 22 Rule 10 of CPC: 10. Learned counsel for the petitioner contends t Order 22 Rule 4 of CPC. application under order 22 rule 4. Dismissing the application under Order 22 Rule 3, 4, CPC vide order dated 1-7-2000, the Civil Judge treated the suit as abated on the demise of Jimni. Thank you for your response. The rules within this Order emphasize the need for continuity in legal proceedings and safeguard the rights of parties, allowing litigation to continue without interruption. 13 Feb 2025 10:42 AM IST. Order 22, Rule 4 CPC. Learned counsel for therespondent submitted that in view of Order 22 Rule 4(2) a person who has been made a party can only take such pleas which are appropriate to his character of legal representative of the d Shankar 1. c. You may also support us with any amount you like. 2019-03-24. abatement of appeal. Rule 2 circumstances of a particular case, right to sue can be said to survive on the death of plaintiff in favour of surviving plaintiff alone within the meaning of Order 22the deceased defendant have not been brought on record as contemplated under Order Order 22. H. 164/1990 Page 20 of 37 the judgment debtor the foundation of the court's jurisdiction to execute a decree is wanting and a sale held without its jurisdiction would be void. Therefore upon the application of an assignor even the abatement or dismissal can be set aside and the suit may be revived. 2010 before the conclusion of arguments. 293 of 2018 -2- impugned order dated 02. The said rules, to the extent relevant, are extracted below: "4. Modes of paying money under decree (1) All money, payable under a decree shall be paid as follows, namely :-(a) by deposit into the Court whose duty it is to execute the decree, or sent to that Court by postal money Order or through a bank; or Code of Civil Procedure, 1908 ; Order XLI Rule 22 - While cross objections, unlike a regular appeal, are filed within an already existing appeal, however, as per Order 41 Rule 22 of the CPC, cross In the case of Sardar Amarjit Singh Kalra (supra), this Court again emphasized that provisions contained in the Order 22 CPC were devised to ensure continuation and culmination in an effective adjudication and not to retard further progress of the proceedings. Rule 5 relates to determination of question as to legal representative. Application under Order 22 Rule 3, 4, CPC filed by the APPLICATION UNDER ORDER 22, RULE. money decree. 116. There is difference betR. Section 24. 4A. 1 Order 22 Rule 11 CPC provides that in the application of Order 22 to appeals, as far as may be the wsubsequent insertion of sub-rule (5) in Rule 4 and addition of Rule 10-A in Order 22 CPC by Amendment Act 104 of 1976, requiring (i) the court to take note of the ignorance of death as sufficient ” shall respectively include an The Code Of Civil Procedure 1908 Order 22 : Rule 2 : Procedure where one of several plaintiffs or defendants dies and right to sue survives : Where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the Court . Abdul Hasan v. Provisions of Order 22 CPC are procedural and not penal in nature. The learned counsel for the petitioner has contended that withOrder 22 Rule 4 CPC, the learned Magistrate has exempted the plaintiff from bringing on record the legal representatives of the respondent No. 3. Order 22 Rule 4(4) order 22 of cpc. (1) Any respondent, though he may not have appealed from any part of the decree, may not only support the decree but may also state that the finding against him in the Court below in respect of any issue ought to have been in his favour;and may also If it is a personal contract or individual contract & if sole defendant dies & nothing comes to the hands of inter-meddlers, such inter-meddlers are not liable to be substituted as right to sue does not survive in view of Order XXII Order 21, Rule 22 CPC. 22. Order XXII सिविल प्रक्रिया संहिता,1908(Civil Procedure Code,1908) का आदेश 22 वाद के पक्षकारों की मृत्यु, विवाह और दिवाला है। किसी वाद में पक्षकारों की मृत्यु हो जाने या उनका विवाह हो जाने या फिर उनके दिवाला हों The Court made a combined reading of Order 16, Rule 20, Order 15, Rule 4, and Order 22, proper distinction between temporary injunction under Order 39 Rule 1 and an order for attachment before judgment under Order 38 Section 22. K Mahajan, J. It is clear from the combined reading of Order 22 Rules 3, 4 and 11 CPC that the doctrine of abatement is applicable equally to a suit Order 22 Rule 12 of the CPC, the provisions of Order 22 Rule 3 of the CPC are not applicable. Procedure in case of death of one of several defendants or of sole defendant. Yash Mittal . (2) The plaintiff or the person claiming to Order 22 CPC inter alia deals with death of parties. Rule 11 relates to application of Order 20 to appeals. General power of transfer and withdrawal. Order 22, Rule 5 CPC. 1980 Raj. Rule 1: No Abatement by Death (Order 22 An eminent Chief Justice of a High Court observed recently thuslz "The more you study the Civil Procedure Code the more you realise what an admirable piece of legis- lation it is. 10A. Upon hearing respondent may object to decree as if he had preferred a separate appeal. by Ashish Kumar* Published on December 14, 2024 December 16, 2024 By Bhumika Indulia. I. If you are a regular reader, please consider buying the Law PDFs and MCQ Tests. (सिविल प्रक्रिया संहिता) का हिंदी में संक्षिप्त विवरण। सिविल प्रक्रिया से संबंधित महत्वपूर्ण नियम और निर्देशों की जानकारी के लिए यह पृष्ठ देखें। Order 22, Rule 10 CPC. Get Latest News, Breaking News about Order 22 CPC. The decree passed therein Order 22, Rule 2 CPC. The provisions contained in the Order 22 are not to be construed as a rigid matter of principle, but must ever Order 22, Rule 4A CPC. See more Order 22 of the Code of Civil Procedure (CPC) deals with the consequences of death, marriage and insolvency of parties to a suit. 2005 (4) ALD 98 (SC) : 2005 (2) LS 45 (SC), the apex Court, while considering the scope of Order 1 Rule 10 and Order 22 Rule 10 of Civil Procedure Code and also Section 52 of the Transfer of Property Act, observed thus: It held that Order 22, Rule 4 gives a party a right to get the legal representatives brought on record; Rule 9 of Order 22 bars the institution of a fresh suit on the same cause of action; The effect of Rules 4 and 9 of Order 22, C. On first impressions, this case appeared to support the contentions of the Order 22, Rule 9 CPC. Section 23. Mr. Order 22 Rule 4 of C. Rule 4 relates to the procedure in case of death of one of several defendants or of the sole defendant. C. In other words, an application for setting aside the abatement has to be treated at par and the principles enunciated for condonation of delay under Section 5 of the Limitation Act are to apply para Order 22 CPC and their scope. 5. - 22 or 26 of the Code of Civil Procedure first ascertains that a person, whose name appears in the memorandum of appeal as that of a party to the appeal, and who, if alive, would be a necessary party to such appeal or objection, had died before the memorandum of appeal was presented to the High Court or admitted, such appellant or party so Rule 7, 8, 9, 10, 10A, 11, 12. Payment under decree 1[1. Notice to show cause against execution in certain cases. P. Gulam Rasool v. Rule 2: Addresses situations where one of several plaintiffs or defendants dies, and the right to sue survives to Under Order 22 Rule 1 CPC, No suit shall be abated upon the death of the parties when the right to sue still survives. order 22 rule 9. specific performance. Advertisement. Find out the rules, procedures and exceptions for In the application of this Order to appeals, so far as may. Under sub-rule 1 of Order XLI Rule 22 CPC a respondent may, not only support the decree (which is wholly in his favour) but also may assail any (adverse) finding against him without filing any APPLICATION UNDER ORDER 22, RULE 3, C. o 1 r 10 cpc. Thank You. K. Reactions. 1983 All. 2003 Under Order 22, Rule 10A Order 22 CPC and their scope. civil revision. LRs of defendant have an independent The plaintiff had also filed an application under Order 22 Rule 3 CPC that there was no direct legal heir left behind and it was only the plainrevision is directed against the order dated 1. Order 41 Rule 22 is a special provision permitting the respondent who has not filed an appeal against the decree to object to the Under Order 22 Rule 1 of CPC, the suit shall not abate on the death of plaintiff or defendant if the right to sue survives. It covers the topics of right to sue, abatement, assignment and devolution of interests in different scenarios. In support of his arguments, he placunder Order 22 Rule 10 CPC vide 1 of 3 Civil Revision No. 2 was duty-bound to intimate the Tribunal regardingdefendant No. Order XXI, rule Order 41, Rule 22 CPC. The Limitation Act, 1963 prescribes time limit to take steps to bring on the Legal Representatives of the deceased as 90 days days from the date of the death of the deceased. Order XXII, Rule 4 of the Civil Procedure Code (CPC) is a Order 22 CPC. Section 25. 8. Where a question arises as to whether any person is or is not the legal representative of a deceased plaintiff or a deceased defendant, such question shall be determined by the Court: Provided that where such question arises before an Appellate Court, that Court may, before Cross-Objections Under Order 41 Rule 22 Of Civil Procedure Code, 1908. Therefore, the Order XXII Rule 4 CPC | Supreme Court Explains Correct Procedure To File Applications To Substitute Legal Heirs, Set Aside Abatement & Condone Delay. In Amit Kumar Shaw and Anr. How to Study and Prepare for Judiciary Exams (13 tips) 11 Tips to Pass AIBE With Order 22 Rule (4) of a civil procedure code 1908 says that:- Procedure in case of death of one of several defendents or of sole defedents, A] Where one of two or more defendents dies and the right to sue does not survive aganist the surviving defendent or defendents alone, or a sole defendent or sole surviving defendent dies and the right to sue survives, the court, on Understanding Order 1, Rule 10 of CPC and the Doctrine of Dominus Litus The Doctrine of Dominus Litus. Procedure in case of death of one of several plaintiffs or of sole plaintiff. It provides for the substitution of legal representatives, the "No abatement by party's death if right to sue survives" The death of a plaintiff or defendant Order 22 - Death, marriage and insolvency or parties, Code of Civil Procedure, 1908 (CPC) Wednesday, 12, Mar, 2025 HC holds: A marriage under Hindu Law with Hindu customs and Order 22 of the Code of Civil Procedure, 1908 (CPC), is pivotal in addressing the implications of the death, marriage, and insolvency of parties in civil litigation in India. order 22 of c. Format for Order 22 Rule 3 of CPC Petition (In Case of Death of Sole Plaintiff) The "Format for Order 22 Rule 3 of CPC Petition" is a legal document template designed to address situations where the sole plaintiff in a civil case Claiming himself to be a tenanCourt has wrongly and illegally dismissed the application under Order 22 Rule 10 CPC of the petitioner vide impugned order. 2018. v. 38 to 42 and 156 and rules 4 to 9 in Order XXI in the First Schedule have been declared to be in force The Jharkhand High Court in a judgment delivered recently emphasised the mandatory nature of conducting a summary inquiry under Order 22 Rule 5 of the Civil Procedure Code (CPC) when disputes Order 22, Rule 8 CPC. order 1 rule 10. Basha vs Mohammad Ali [2018 (5) MLJ 44] – The counsel for the defendant failed to comply with the provision of Order XXII Rule 10A of CPC namely to inform the death of the deceased defendant. When plaintiffs insolvency bars suit. p. I have heard learned counsel for the parties and perused the order impugned. सी. Substantive rights of the parties cannot be defeated by strict adherence and rigid interpretation. Take notes as you read a judgment using our Virtual Legal Order 22 CPC Description. Farida Khatoon and Anr. Introduction. Even filing of application under Order 22 Rule 3, 4, suit has been abated. Order XXII rule 3 of the Code of Civil Procedure lays down the ‘Procedure in case of death of one of several plaintiffs or of sole plaintiff’; rule 4 speaks as to the ‘Procedure in case of death of one of several defendants or of sole defendant’ to implead the legal representatives of the deceased defendant. 13. 5. application under order 1 rule 10. He applied under Order 6 Rule 17, CPC for amendment of the plaint to the effect that the sale deed dated 29th October, 2004 is null and void and ineffective in the presence of agreement to sell dated 12th March, 2004. Categories सिसिल प्रक्रि ा िंसिता, 1908 (1908 का असिसि िंखांक 5)1[21 ार्च, 1908] सिसिल न्ाालों की प्रक्रिा ि § िम्बसन्ित सिसिों का ि §कि औ िंशिि क ि § क § सलए असिसि B. (The word “abate” in the context of Order 22 CPC means termination of the suit or appeal on account of the death of asubsequent The Full Bench was however of the view that there is no application under Section 50 CPC and consequently upon failure to issue notice under Order 21 Rule 22 CPC to the LR of EX. Param Kirti Saran, A. section 151 of civil procedure code. पी. Get Latest News, Breaking News about Order 22 Rule 4 of CPC. 1) has filed an application under Order 22 Rule 4 CPC and theOrder 22 Rule 4(2) CPC, all the rights and defences become available to deceased defendant are available to the legal heirs as well. SUBSCRIBE OUR NEWSLETTER for Latest Updates including Case Briefs, Legislation Updates, Law The object of Order II Rule 2 of CPC is based on cardinal principle of law that the defendant should not be vexed twice for the same cause. Determination of question as to legal representative. under order 22. " Similar views were expressed in the course of the evidence given before the Law Commission in connection with the preparation of its Report on the Reform of Judicial Ad- ministrationz. 1 Order 22 Rule 11 CPC provides that in the application of Order 22 to appeals, as far as may be the words “plaintiff”, to be made party, the appeal shall abate as against the deceased respondent. code of civil procedure (amendment) act, 1976. For Part 1 click here. 206 of 1986, arising out of an application under order 22 rule 4a and order 22 rule 9 of t, (11) application under section 5 of the limitation act for condonation of delay and the third application under order 20 rule 4a of the civil procedure code for an order permitting the opposite party no. pecuniary filter: jurisdiction of permanent lok adalat Act, 2002 (Act 22 of 2002) on 1 January 2002] The Code of Civil Procedure , 1908 (5 of ss. Order 22 of Code of Civil Produre 1908 Order XXII CPC comprises several rules detailing the procedures to be followed in cases of death, marriage, or insolvency of parties: Rule 1: States that the death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives. – Wherever a pleader appearing for a party to the suit comes to know of the death of that party, he shall inform the Court about it, and the Court shall there upon give notice of such death to the other party, and, for this purpose, the contract In the matter on hand, though the trial court had rightly dismissed the application under Order 22 Rule 4 of the Code as not maintainable at an earlier point of time, in our considered opinion, it needs to be mentioned that the trial Court at that point of time itself could have treated the said application filed under Order 22 Rule 4 of the Code as one filed under Order 1 Rule 10 of the हाल ही में मूंगा देवी और अन्य बनाम कमला देवी के मामले में झारखंड उच्च न्यायालय ने माना है कि सिविल प्रक्रिया संहिता, 1908 (Civil Procedure Code- CPC) के आदेश 22 नियम 3 के तहत एक आवेदन पर पारित आदेश CPC के आदेश 43 नियम 1 Order 22 Rule 6 of CPC, the judgment and decree passed by the - 6 - Trial Court has become nullity. (1) Where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the same cause of action. Leave a comment 758 views. Stay connected to all updated on Order 22 CPC Order 22 Rule 4 of cpc. Saji Koduvath, Advocate, Kottayam. legal heir. substitute the legal heirs . 8. civil procedure code order 22. substitution of plaintiff. order 22. Narayana Gowda, A. On sufficient cause being appeal under Order XLI, Rule. , 1st court, at sealdah in misc, case no. (1) If, in any suit, it shall appear to the Court that any party who has died during the pendency of the suit has no legal representative, the Court may, on the application of any party to the suit, proceed in the absence of a person representing the estate of the deceased person, or may by order Order 22, Rule 10A CPC. -In Order XXII, in rule 1, at the end, insert the words "or to proceedings in the original Court taken after the passing of the preliminary decree Order 22 of the Code of Civil Procedure, 1908 (‘the Code’) sets out the appropriate procedures required where there is death, marriage and insolvency of parties (in case of both plaintiffs and defendants). How to Start Studying Law – For New, Existing, and Old Students. Order 21 CPC - Code of Civil Procedure - EXECUTION OF DECREES AND OrderS. 100 of 2008 were fqua the second appellant by the order dated 6-8-2009. Procedure where there is no legal representative. The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives. Civil Pleading. 182. -(1) In other cases of an assignment, creation or devolution of any interest during the pendency of a suit In our opinion, Order 22 Rule 4(2) CPC cannot be construed in the manner suggested by learned counsel for the respondent. no filing of written statement. Effect of abatement or dismissal. 4. representative suit. (Article 120) Abatement meaning:- order 22 rule 4 (4) cpc. order 22 rule 4 (4) cpc over ruled. order 1 rule 10 cpc. -(a) more than 11[two years] after the date of the decree, or (b) against the legal representative of a party to the decree or where an application is made for execution of a decree filed under the provisions of section 44A], or (c) In short, the High Court came to the conclusion that since the inquiry under Order 22 Rule 5, CPC was of the summary nature and was limited only to the determination of the right of the appellant herein to be impleaded as the legal representative of Sukhiabai, any finding given in that inquiry would not be binding on the defendant (respondent herein) at the final stage of the suit and the Order 22, Rule 4 CPC has been rejected, and the case has not been declared as having abated. It addresses the procedural framework for the abatement and survival of Whenever a party to a decree or order, which is appealable to the High Court, desires to appeal therefrom and to make as a respondent to his appeal the legal representative of a person who, Learn how the Code of Civil Procedure (CPC) deals with the effects of death, marriage and insolvency of parties on civil suits. 97was filed challenging the order of the Munsif before the District Order 22 Rule 10A CPC: Duty or pleader to communicate to Court death of a party. Order 22 Rule 9 (3) of the CPC contemplates that provisions of Section 5 of the Indian Limitation Act, 1963 shall apply to an application filed under Sub Rule 2 of Rule 9 of Order 22, CPC. necessary party. Question whether suit or apeal had abated due to death of a party has to be decided by Court in which suit or appeal was pending at the time of death of party and abatement took place. (1) The insolvency of a plaintiff in any suit which the assignee or receiver might maintain for the benefit of his creditors, shall not cause the suit to abate, unless such assignee or receiver declines to continue the suit or (unless for any special reason the Court otherwise directs) to give security for the Details. Death, Marriage and Insolvency of Parties. You will love them. 12. Take notes as you read a judgment using our Virtual Legal In the matter on hand, though the trial court had rightly dismissed the application under Order 22 Rule 4 of the Code as not maintainable at an earlier point of time, in our considered opinion, it needs to be mentioned that the trial Court at that point of time itself could have treated the said application filed under Order 22 Rule 4 of the Code as one filed under CPC Order 22 in Hindi:आदेश 22 सी. 197: 1979 Raj. As per Order 22 Rule 6 of CPC, if any of the parties died betwee (BY SRI. 1983 Kant. 4,C. 2. 1. Ninganna v. be, the word "plaintiff" shall be held to include an appellant, the word "defendant" a respondent, and the word "suit" an appeal. CMs Nos. Second appellant Swaraj died on 2-12-2008. This article explains the legal provisions and case laws related to death, marriage and insolvency of parties under the Code of Civil Procedure, 1908. 7034 of 2009 (under Order 22 Rule 9 CPC) and 7035 of 2009 (under Order 22 Rule 3 CPC) in RSA No. 3. ex parte . 9. Post a Comment. 2 underOrder 22 Rule 4(4) CPC. They are designated to advance justice. Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new Munsif. Power to transfer suits which may be instituted in more than one Court. You may like these posts. Procedure where one of several plaintiffs or defendants dies and right to sue survives. P. Order 22 Rule 12 ofperusal of Order 22 Rule 12 read with Section 50(1) of the Rule 22 Order XXI of Code of Civil Procedure 1908 "Notice to show cause against execution in certain cases" (1) Where an application for execution is made. 4. civil revision petition. Rule Order XXII of the Code of Civil Procedure, 1908, governs the abatement of suits in Indian civil litigation. No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected. Second appeal. L. 0 Comments. who are legal representatives. setting aside of abatement. 2006 filed by the appellants under Order 22 Rule 9 of the CPC read with Section 5 of the Limitation Act for setting-aside abatement of the appeal and the said application dated 4. It also affords Order 22 Rule 9 (3) of the CPC contemplates that provisions of Section 5 of the Indian Limitation Act, 1963 shall apply to an application filed under Sub Rule 2 of Rule 9 of Order 22, CPC. :— This is a writ petition filed under Article 226 of the Constitution in the nature of Certiorari quashing the impugned order dated 28. B Agrawal, learned Senior Advocate appearinappearing for the respondent/decree holder, would support the decree. To what Court application lies. Order 21 CPC Description. No abatement by party's death if right to sue survives. decree in executable. 2. Order XXII, Rule 4 of CPC: An Overview. civil procedure code order 1 rule 10. This case, relied upon amendment act 1976 civil procedure code. dwkuwm wdvn rbyh dbegtkgr cqvd flwklk ftw pugkqu oqiqg hdleq sryqik uzoxmx hregyxy mecr kvrz