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...not been brought on record as respondents in this appeal. This objection cannot be sustained in view of the provisions of Order 30, Rule 4, C. P. C. It is in these terms...:
"4 (1) Notwithstanding anything contained in
Section 45 of the Indian Contract Act, 1872, where two or more persons may...which is now represented by the surviving partner. The preliminary objection is therefore overruled.
4. Mr. Chalapathi Rao, learned counsel for the appellants, contends that the...
...Order 30 Rule 4 C. P. C., there was no abatement of the suit. The defendant has filed the present revision application against that order.
3. ...continue the suit. Rule 4 is to be read along with Rules 1, 2 and 3 of Order 30 and Order 22 C. P. C. and as providing an exception to that Order to th...did not affect the merits of the case.
On merits, it was contended before the learned Single Judge that Order 30, Rule 4 was applicable only when the suit...
...to have been shown in that case that interests of the defendants were common. The provisions of Order 30, C. P. C., were not utilised in filing the suit. On these facts the Court held th...expressly asserted in the plaint to he in the interest and for the benefit of the joint Hindu family and Us business.
If the provisions of Order 30, C. P. C . are appli...provisions of Order 30, Rule 4, C. P. C. It may, at this stage, be stated that according to Hindu Law on the death of Shri Radha Kishan, his eldest son automatically be...
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...learned Advocate on behalf of the appellants based his contention upon the terms of Order XXII, Rule 4 54 Ind. Cas. 822; 30 C. L. J. 217; 24 Order W. N. 44. which provid...the other respondents and has not abated against them also.
6. No doubt in view of Order XXII, Rule 4, C. P. C., it cannot be said that the case has abated..., (Order XXII, Rule 11). The learned Advocate contends that on a true construction of sub-Rule 54 Ind. Cas. 822; 30 C. L. J. 217; 24 Order W. N. 44. in circumstances such as those...
...file the written statement within 30 days.
4. The provisions of Order 8 Rule 1 of the C. P. C. are directory in nature. The suit is substantive suit, where rights of...the petitioners to file the written statement, but the same was not filed. Provisions of Order VIII Rule 1 of the Code of Civil Procedure have to be strictly followed. The defendant is required to...pitted against each other, the cause for substantial justice shall be sub-served.
5. In the light of above, the impugned order is quashed and set aside. The Rule is made...
...in the name of "Firm Narain Das Mangalsen." During its pendency in the trial Court, mid about 4 years after its institution on 23-2-53, the defendant applied under Order 30, Rule 2...48A of the English Rules. The marginal note of Order 30, Rule 2, C. P. C., is "disclosure of partners names" and it is obvious that disclosure of names is distinct from...the Limitation Act in Order 30, Rule 2, C. P. C., it would not be proper to apply it to the disclosure of names. Amir Ali, J., does not apply...
...Order XLI, Rule 4, Code of Civil Procedure. It has been held in the case of Ram Kamal Shaha v. Ahmad Ali 30 C. 429 .... 878 : C.L.J. 642 are quoted in support of this contention. As the appeal is by one of the defendants only, it is contended that under Order XLI, Rule 4...Order XLI, Rule 4, Code of Civil Procedure, and that being so, it is not necessary to invoke the aid of Order XLI, Rule 33, which is couched in very...
...compromise decree was with the firm and, therefore, under order 30 rule 4, civil p. C. , if one of the persons who was a member of the firm died during the pendency of the suit ...should have applied under order 30 rule 4 (2) of the code of civil procedure within the time prescribed by article 176 of the repealed limitation act of...no provision like order 30 rule 4 (1) of the present code and so the judgment relied on by mr. Sen, has no bearing on the points involved before me and it is also...
...Rule 11(d) read with Order XXIII Rule 3-A of CPC in O.S.No.30/2018, is set aside.
c) I.A.No.3 filed under Order VII Rule 11(b) and I.A.No.4 fi...provisions of Order XXIII Rule 3-A of CPC.
8. In O.S.No.30/2018, the plaintiffs have sought for the following reliefs:
J) zÁªÁ C£ÀĸÀÆa D¹ÛUÀ...OF CPC, AGAINST THE ORDER DATED
04.12.2021 PASSED ON I.A.NO.3 AND 4 IN
OS.NO.30/2018 ON THE FILE OF THE SR. CIVIL JUDGE
AND JMFC, TIPTUR...
...(b) 30-4-1980
:
default in payment occurred and the decree became executable on 30-4-1980.
(c) 7-4-1995
:
Execution application under Order XXI, Rule 2...payment by instalments of the decretal amount of Rs. 19,56,215.35. The parties had agreed to the instalments as under:—(i) Rs. 4 lakhs forthwith;(ii) Rs. 4,50,000/- on 30-4-1980.... 6,25,000/- and odd, were not recorded as required under Order XXI, Rule 2 of the Code of Civil Procedure, 1908 and no certification was obtained by the defendants, such...
...the Court of Civil Judge, Class II, Neemuch, He put this decree in execution, the execution case being 197 of 1972, and attached the house belonging to the judgment-debtor-appellant on 30-4-1975. Thereafter a notice under ...-server dated 26-7-1975, On 5-8-1975 the Executing Court passed an order to the effect that service of notice under Order 21, Rule 66, C. P. C. has been effected on the judgment...under Order 21, Rule 66. C. P. C. for settlement of terms for proclamation of sale by public auction. The notice was served by affixure, although at the relevant date, i. e...
...hearing could be made ex parte, on the ground that there was no opposite party upon whom service of notice was necessary under the proviso of Sub-rule (2) of Rule 4 of Order XLVII. In sup...Hakim v. Hem Chendra Das 30 Ind. Cas. 165 : 42 C. 433. In my opinion, the expression opposite party in the proviso to Order XLVII, Rule 4, means the party...application can be treated as one presented under Order XLVII the provisions of Rule 4(2), proviso (a) of that Order, have not been complied with. That rule provides that no...
...taken on record without any sufficient reason for the same and contrary to the provisions contained in the said Section 30(c) read with Rule 1 of Order XIX, Civil Procedure Code....record contrary to the contents of the said affidavit.3. Referring to Section 30(c) read with Order XIX Rule 1 of the Code of Civil Procedure and placing reliance...with the provision of law. Perusal of Rule 1 of Order XIX of the civil Procedure Code disclose that any Court may at any time for sufficient reason order that any particular...
...decree for recovery of Rs. 2500/- by sale of the mortgaged house under Order XXXIV, Rule 4. Civil P. C. on 30-7-1959 from the Court of Civil Judge. Jodhpur. Three months...that while dealing with the application under Order XXXIV. Rule 6 C. P. C. the Court was not entitled to go behind the preliminary decree dated 30-7-1959 by which a right...and sold for Rs. 1208/-. Consequently, the plaintiffs presented an application on 21-3-1961 under
Order XXXIV, Rule 6 Civil P. C. for a personal decree for the balance of the...
...Hakim Chowdhury v. Hem Chandra Das 30 Ind. Cas. 165 : 42 C.433 it was held that non-compliance with
Rule 4 of Order XLVII, rendered the granting of an ex parte...application for review a nullity. Holmwood, J., observes at page 439 Page of 42 C.--[Ed.]:
It is clear that the non compliance with Rule 4 of Order XLVII...Order XLVII, Rule 4 notice to the other side is imperative. Clause 2(a) is as follows:
No such application shall be granted without previous notice to the opposite...
...provision of Rule 30 and Rule 31 of the BSNL CDA Rules 2006 provides as under;- Rule 30. Suspension (1) . (2) (3) (4) .. (5) (a) . (b) (...applicant that as per rule 5(e) of Rule 30 of BSNL CDA Rules, 2006, an order of suspension made or deemed to have been made under sub rule 30(1) or .... Apart from this, it is also pointed out that as per the proviso to sub Rule 5(e) of Rule 30 of BSNL CDA Rules 2006, no such review of suspension shall be necessary in the...
...,—(a) to (b) …………………….(c) order any fact to be proved by affidavit.Further para 253 of Chapter X of Civil Manual provides that—“The attention of the Court is drawn to the ...Order XVIII. Rule 4 of CPC. The trial Court has held that for the purpose of allowing the parties to produce the evidence in the form of affidavit, the suit must be of the...type wherein evidence could be recorded in terms of unamended Rule 4 of Order XVIII of CPC and not the suit to which Rule 5 of the Order XVIII is...
...)………………….(b)………………….(c) order any fact to be proved by affidavit.Further para 253 of Chapter-X of Civil Manual provides that —“The attention of the Court is drawn to the ...affidavit under Order XVIII Rule 4 of Civil Procedure Code. The trial Court has held that for the purpose of allowing the parties to produce the evidence in the form of...affidavit, the suit must be of the type wherein evidence could be recorded in terms of un-amended Rule 4 of Order XVIII of Civil Procedure Code and not the suit to which...
...meaning could not be extended beyond that prescribed under the Act, by invoking Rule 2(c) which had to be read with Rule 4 providing the procedure for making an application, inter alia, under Section 30...under Chapter V for recovery of the certificate amount in the manner prescribed. A person aggrieved by an order of the Recovery Officer can prefer an appeal before the Tribunal under Rule 4, by an...application in the prescribed Form III. Rule 2(c) defines an “application” to include a memo of appeal under Section 30(1). The appeal is to be preferred before the Tribunal, as distinct from the Appellate...