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....5. Second appellant Swaraj died on 2-12-2008. CMs Nos. 7034 of 2009 (under Order 22 Rule 9 CPC) and 7035 of 2009 (under Order 22 Rule 3 ...was dismissed qua the second appellant by the order dated 6-8-2009. 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 as well as ....***RSA No. 100 of 2008 and CMs Nos. 6342 of 2008 (for stay), 11811 of 2009 (for delay), 11812 of 2009 (under Order 22 Rule ...
...the applications, IA No. 1 of 2010 should be treated as an application under Order 22 Rule 3 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as “CPC”) while IA No. 2 of 2010 should be ...come to an end, except when the abatement is set aside and the legal representatives are ordered to be brought on record by the court of competent jurisdiction in terms of Order 22 Rule 9(3) CPC. ...22 Rule 9(3) CPC contemplates that the provisions of Section 5 of the Limitation Act, 1963 shall apply to an application filed under sub-rule (2) of Rule 9 of Order 22 ...
...Heard learned counsel for the petitioners.Page: 992. The plaintiff's legal representatives/applicants submitted an application under Order 22, Rule 3, CPC on ac...application under Order 22, Rule 9, CPC as well as the application under Section 5 of the...which could have been taken in application filed under Order 22, Rule 9, CPC. Therefore, the trial Court considered the said application under Order ...
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...plaintiff 4.
2. After arguments at length, learned counsel for the petitioner submits that although applications under Order 22 Rule 3 CPC and Section 5 of the Limitation Act were filed, but no...the said applications. He submits that he is ready to file fresh application under Order
22 Rule 9 CPC for setting aside the abatement, which took place before trial Court due to...
(DWARKA DHISH BANSAL)
JUDGE
does not reflect that the plaintiffs or the petitioner moved any application under Order 22 Rule ...
...appellant moved applications under Order 22 Rule 3 CPC and under section 5 of the Limitation Act for condonation of delay.3. It is further submitted by the counsel that the appellate Co...the proceedings would stand abated. Thereafter the litigant is required to file an application under Order 22 Rule 9 CPC within a period of 60 days. If such an application could not be filed, then an...application under section 5 of Limitation Act has to be filed for condonation of delay in filing an application under Order 22 Rule 9 CPC. In nutshell, no application for condoantion of delay in filing...
...1. The matter has come up on Misc. Application No. 51716 dt. 26/11/2013 filed by the appellant under Order 22 Rule 3 CPC read with Order 22 Rule 9 ....26/11/2013 has been filed seeking condonation of delay in filing the application under Order 22 Rule 3 CPC read with Order 22 Rule 9 CPC....the appellant approached the counsel and application came to be filed under Order 22 Rule 3 CPC read with Order 22 Rule 9 CPC and under Sectio...
..., and accordingly, I.A. No.4319/2025 was filed on 21.06.2025.
3. No application under Order 22 Rule 9 CPC or under Section 5 of Limitation Act has been filed.
4.... Although application filed under Order 22 Rule 4 CPC can be treated as composite application under Order 22 Rule 9 CPC and under Section 5 of Limitation Act, provided .... Accordingly, this appeal is dismissed as abated. However, liberty is granted to the appellant to file a fresh application under Order 22 Rule 4 CPC, under Order 22 Rule 9 ...
...accordingly, I.A. No.4320/2025 was filed on 21.06.2025.
3. No application under Order 22 Rule 9 CPC or under Section 5 of Limitation Act has been filed.
4.... Although application filed under Order 22 Rule 4 CPC can be treated as composite application under Order 22 Rule 9 CPC and under Section 5 of Limitation Act, provided ...dismissed as abated. However, liberty is granted to the appellant to file a fresh application under Order 22 Rule 4 CPC, under Order 22 Rule 9 CPC, and under Section 5 o...
...was also filed under Order 22 Rule 9 CPC for setting aside the abatement. However, no application under Section 5 of the Limitation Act was filed for condonation of delay in filing an application...under Order 22 Rule 9 CPC.
3. By order dated 27.02.2025, appellants were permitted to withdraw
1...respondent No.2 Kalyan Singh had expired on 16.09.2011. The application under Order 22 Rule 4 CPC (I.A.No.7206/2024) was filed for the first time 26.09.2024.
5. I.A.No.2329/2025 has ...
.../2022, and I.A. No. 4046/2022 have been filed under Order 22 Rule 3 CPC and under Order 22 Rule 9 CPC respectively.
According to these applications,....
Sole appellant has expired on 19.05.2017, and applications under Order 22 Rule 3, and under Order 22 Rule 9 CPC, were filed on 05.09.2022, i.e., after more...under Order 22 Rule 9 CPC for setting aside abatement, is dismissed as barred by time.
As a consequence thereof, I.A. No.4027/2022, which is an application under Order ...
...the application under Order 22 Rule 3 CPC and Order 22 Rule 9 CPC. For the reasons detailed out in the memo of the applica...hereby allowed. Delay, in institution of the application under Order 22 Rule 3 CPC and Order 22 Rule 9 CPC, is condoned. I...Order 13/11/2018 IN IA No. 46597/2018:- Matter comes up on an interim application No. 46597/2018, under Section 5 for condonation of delay in institution of...
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...applicants. Shri S.S. Kushwaha, Government Advocate for respondent Nos. 1 & 2/State.
ORDER
This is an application under Order 22 Rule 9, ...Order 22 Rule 9, CPC has been filed for setting aside abatement. No application under Order 22 Rule 3, CPC was filed. However, it appears that later on I.A. No.2984/2020...is dismissed. However, liberty is granted to applicants to file a properly constituted application under Order 22 Rule 3 and Order 22 Rule 9 CPC along with S.5 of the Limitation ...
...REPORTABLE Heard learned counsel for the petitioners.
The plaintiff's legal representatives/ applicants submitted an application under Order 22 Rule 3 CPC on...petitioners/defendants submitted that the plaintiff's legal representative had knowledge of the suit and they did not move any application under Order 22 Rule 9 CPC as well as...to have been taken to be the reasons which could have been taken in application filed under Order 22 Rule 9 CPC. Therefore, the trial court considered the said application...
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...has been filed after delay so also without filing an application to set aside abatement under Order 22 Rule 9 CPC.Learned counsel for the petitioner submits...that although no separate application was filed under Order 22 Rule 9 CPC but in the application filed under...perused the order impugned. Admittedly, respondent no. 4 of the suit Smt. Phoola Devi died on 19.02.2007 and an application under Order 22 Rule 4 read with Section 151 CPC was fi...
..., Gokulchand died. An application under Order 22 Rule 3, CPC was submitted by the L.Rs., which was dismissed on 24-8-1999 on account of being barred by limitation, since the application ...the ground that once the application under Order 22 Rule 3 of CPC is dismissed, another application before the same Court is not maintainable. 3. Shri S.K. Shrivastava, learned Counsel fo.... Despite dismissal of the application under Order 22 Rule 3 of CPC, an application under Order 22 Rule 9, CPC for ...
...terms of Order 22 Rule 9 of the Code of Civil Procedure, 1908 (in short “CPC”) read with Section 5 of the Limitation Act, 1963 (in short “the Limitation Act”) was rejected. The appellant's father had...filed an appeal in the Court of District Judge, Guna, Madhya Pradesh. He died on 9-1-1991. Thereafter, the application in terms of Order 22 Rule 9 CPC came to be filed on 2-10-1991. The explanatio...weeks from today. On the amount being paid, the appeal shall be restored by the District Court and the application in terms of Order 22 Rule 9 read with Section 5 of the Limitation Act shall be allowed...
...submitted by the counsel for the petitioner that since the information under Order 22 Rule 10(A) of CPC about the death of the defendant No. 4 was given by his counsel on 19.12.2018, the...Order 22 Rule 9 CPC as well as an application under Section 5 of Indian Limitation Act was...necessary. However, it is submitted that the trial Court should have considered the application filed under Order 22 Rule 4 of CPC as a consolidated application under ...