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...for the plaintiff states that in view of Order 30 rule 4 C.P.C the legal representatives of deceased respondent No. 2 are not required to be brought on record and his name...trial Court. The provisions of Order 30 Rule 4, C.P.C are evidently clear and the suit cannot be said to be bad for nonjoinder of parties.For the aforesaid...-joinder of the necessary parties. If so, its effect? OPD.4. Whether the suit in the present form is not maintainable? OPD.5. Whether cause of action survives in favour of...
...is a close relationship between Order 30, Rule 4 of the Code and Section 45 of the Contract Act. Rule 4 of Order 30 is a statutory exception to ...applied from the very beginning. We, therefore, come to the conclusion that so long as the partners were alive the suit could be continued under Order 30, Rule 4, C.P.C When...invoking the provisions of Rule 4 of Order 30 of the Code. In the opinion of the learned Judge inasmuch as the legal representatives of Jagat Prakash and Jai Prakash were not...
...himself if he is not able to get any relief from the court.
8. Learned Counsel for the appellant relies on the provisions of Order 30, Rule 4, C.P.C. The...language of the Rule indicates that it will come into play only in a suit where two or more persons sue or have been sued in the name of the firm under the provisions of Order 30, Rules 1...the business was carried on belonged to the plaintiffs father-and there was an agreement to pay a rent of Rs. 560 per mensem. The business was stopped on 30-4-1971 and the assets of the partnership as...
...(Senior Division, Sealdah in Title Suit No. 142 of 1999, thereby allowing an application under Order 30 Rule 4 of the C.P.CThe short fact is that the...mean time, the defendants nos. 4 and 6 died during the pendency of the suit. Then the plaintiff filed an application under Order 30 Rule 4 of the C.P.C and the applicati...that the learned Trial Judge has rightly allowed the application under Order 30 Rule 4 of the C.P.C and there is nothing to interfere with the impugned order...
.... being original in character, the Principal Judge, City Civil Court, Madras ought to have vacated or confirmed the order under Order 30, Rule 4, C.P.C. and ou...consideration the facts that the grant of ad interim injunction under Order 30, Rule 3 of C.P.C. by theVIII Assistant Judge, City Civil Court, Madras itself is in violation...applicable...
In that case it was further held that the Court had power to appoint a receiver under Order 40, Rule 1, C.P.C. In view of the decision cited supra, I...
...petitioner under Order 39 Rule 4 C.P.C. registered
as Paper No. 30-C2, for recall of the injunction granted in favour
of the plaintiff-respondent, has been rejected.
3. In the opinion of the Court,...rejecting an
application under Order 39 Rule 4 C.P.C. is appealable under
Order 43 Rule 1(r) C.P.C..
4. Faced with the aforesaid, Sri Mahesh Narain Singh seeks liberty
of...Court to withdraw the present petition with liberty to file an
appeal under Order 43 Rule 1(r) C.P.C. He submits that the
Registry may be directed to return the certified copy of the order
impugned to...
...Order 30 Rule 4 of the C.P.C, which provides as under:-“4. Right of suit on death of partner.- (1) Notwithstanding anything contained in ...be treated as nullity. In my opinion, the suit was validly instituted as per the provisions of Order 30 Rule 4 of the C.P.C Rule 4 only deals with the form of t...the deceased partner is to be fixed, then his legal representative must be added. Sub rule (2) of Rule 4 of Order 30 does not create a right that a legal representative has to b...
...any ex-parte order of injunction, expeditious hearing is to be made preferable within a period of 30 days from passing of such order. Similarly under Order XXXIX, Rule 4...applies in case of hearing the matter by the Court particularly at the time of grant or refuse to grant any order of injunction. Under Order XXXIX, Rule 3-A, C.P.C in case..., C.P.C aggrieved party is entitled to make application to get discharge/set aside/variation of the order. Therefore, when the application has already been made by the appellant in the Court below, two...
.... (Annexure No. 1).
ii. Issue an order or direction directing the District Judge to allow the application 30
Ga dated 20.11.2023 of the petitioner filed under Order 11 Rule 1 and 4 C.P.C i...dated 20.11.2023 filed under Order 11 Rule 1 and 4
C.P.C. of the petitioner in the election petition no. 2 of 2023 Arun Kumar Versus Sarit
Kant and others pending in the court of District Judge Mainpuri...for the petitioner is that the petitioner moved
an application on 20.11.2023 (Paper No. 30ga) under Order XI Rule 1 & 4 C.P.C.
in election petition No. 2 of 2023 (Arun Kumar Versus Sarit Kant and...
...a bank had obtained a preliminary mortgage decree for realisation of the amount advanced with interest. Order 30, Rule 11, C.P.C could not be applied, it being applicable only to a money ...the provisions of Order 20, Rule 11, C.P.C not to supersede the provisions of Order 34, Rule 4, C.P.C and that a suit brought by a ba...refused the relief of repayment of the dues amount by instalments being of the view that Order 20, Rule 11 C.P.C had no application to the facts of the case, the decree...
...support of their case by both the parties, it is manifest that in the present case, the suit of the plaintiff was dismissed in default on 30-4-1996 and neither the plaintiff or his counsel nor the defendant or his counsel were prese...circumstances of the case, as enumerated above, the plaintiff has shown sufficient cause within the meaning of Order 9 Rule 4 C.P.C for his non-appearance on 30-4-1996 w...1. This order will dispose of the above application under Order 9 Rule 4 C.P.C praying for re-calling the order of dismissal of suit in default and restoring ...
...the suit, there is no necessity to bring, the legal representative of the deceased as a party to the Suit and that is what Rule 4(1) of Order 30, C.P.C states...dismissal of the Suit against the 3rd defendant, that too as abated, the entire Suit stands dismissed, is not correct and the answer is available under Order 30 Rule 4(1), C.P.C...the firm, the impleading of legal representatives of the deceased as a party to the Suit shall not be necessary as it is stated in Rule 4 of Order 30, C.P.C The language in...
..., Sept. 21, 1996, Sept. 24, 1996 and November 30, 1996. My attention was drawn towards the provisions contained in Order 26, Rule 4, C.P.C. and it was contended that the Court...1. Instant revision impugns the order dated April 9, 1997 of the learned Additional Distt. Judge No. 1 Jodhpur, whereby application under Order 26, Rule 1, C.P.C...March 6, 1997 the company submitted an application under Order 26, Rule 1, C.P.C., for issuance of Commission to examine its Managing Director Chhote Lal Mistry. It was...
...30-4-1983 the date fixed for issues the suit was dismissed for default of the parties under Rule 3 of the Order 9 C.P.C The application for restoration of the suit under...a suit under Order 9, Rule 4 C.P.C is untenable. The limitation for restoration of a suit dismissed for default of appearance or for want of prosecution etc. is 30 days...1. The short question arising in this revision is whether an application under order 9, Rule 4, C.P.C to set aside dismissal of a suit and restore it to its...
...died, the new managing partner is sought to be substituted in his place. In that sense, there is no strict compliance with sub-rule 1 of Rule 1 of Order 30 C.P.C At the same time....2. One difficulty is expressed on the basis of Rules 1 and 2 of order 30 of the C.P.C Rule 1 requires that any two or more persons claiming or being liable as...provisions of Rule 1 of Order 30 C.P.C will have to be read in the light of section 10 of the...
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...the provisions contained in order 30, rule 4 of the C.P.C The learned appellate court has further held that the revision petitioners/defendants having pleaded in the...the name of the plaintiff No. 1 firm but also in the names of the plaintiff Nos. 2 and 3, who were the partners of the said plaintiff No. 1 firm. Rule 4 of order 30, of the .... Rule 1 of order 30, of the C.P.C provides that any two or more persons claiming or being liable as partners, and carrying on business in India may sue or be sued in the name of the firm of which such persons were...
...defendants to file objection under Order 39, Rule 4 C.P.C, fixing 9-12-2006 for disposal. It also appears that the defendant-respondent preferred counter claim in their...), C.P.C In that context, the question of applying Rule 3(ii) of section 115 would not come into play. That can only be applicable if the other precondition of ‘an order...Order 39, Rules 1 and 2 C.P.C (paper no. 6-C2) was also moved by the plaintiff-petitioners.It appears that the trial court after hearing the petitioners passed an ex...
...died, still the application for substitution was filed on 20.09.2013. It is contended that without sufficient cause shown by the plaintiffs, the application under Order XXI Rule 4 C.P.C. has thus erroneously been a..., the trial court has allowed the application under Order XXI Rule 4 C.P.C. with cost.
6. I find no error in the impugned order dated 13.03.2014 and accordingly, the writ...,
4. Jagdish Prasad Choudhary @ Jagdish Kumar Choudhary
5. Binod Kumar Choudhary Sl. No. 2 to 5 all sons of late Chandi Prasad Choudhary Sl. No. 1 to 5 all...
...rule 1 of Order XXX CPC and that the death of the defendent would not entail any abatement of the suit having regard to the provisions of rule 4 of Order ...first two contentions urged by the learned counsel for the petitioners. Indeed, the question whether rule 4 of Order 30 CPC is, at all, attracted to a case where in addition to...whether power under Order 41 rule 4 CPC could be exercised where all the parties, against whom a decree is passed on the ground common to them, are not impleaded in the...