Search Results for "Order 22 Rule 4"

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High Court of Karnataka Quashes Trial Court Order Rejecting Application to Implead Legal Representatives in Suit for Declaration and Injunction — Held That Order 22 Rule 4 CPC Does Not Apply to Defendants and Application Under Order 1 Rule 10 CPC Is Maintainable

The petitioners, who are defendants in O.S. No. 224/2014 pending before the II Addl. Senior Civil Judge and JMFC, Raichur, filed a writ petition chall...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Condonation of Delay in Bringing LRs on Record. Plaintiff Failed to Disclose Source of Knowledge of Death of Defendants, Application Held Vague and Unspecific.

The petitioner, Umashankar Dhannu Koli (Dandge), filed a writ petition challenging the order of the trial court dismissing his application for condona...

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Bombay High Court Allows Revision Application in Civil Suit — Upholds Right of Heirs to Seek Impleadment Under Order 22 Rule 4 CPC. Court holds that abatement of suit against deceased defendant does not automatically bar substitution of legal representatives if application is made within limitation.

The case arises from a civil suit filed by the respondents (original plaintiffs) against several defendants, including Balbhim Govind Deshpande (origi...

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Bombay High Court Allows Impleadment of Legal Heirs and Grants Leave to Continue Proceedings in Specific Performance Suit. Transfer of Property During Pendency of Lis Pendens Does Not Affect Rights of Parties Under Order 22 Rule 4 and Rule 10 CPC.

The Plaintiff, Nirav Deepak Modi, filed Suit No. 1166 of 2006 for specific performance of an agreement for sale concerning a suit property. The suit w...

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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...