...6.4. The Executing Court relying upon Order 30 Rule 4 CPC held that since the suit was filed against a firm, on the death of one of the partners, his leg.... Learned counsels appearing for the respondent No. 1 and the respondents 7 & 8 have contended that in view of the provisions contained in Order 30 Rule 4, it is not necessary to implead ...21, Rule 97 or under Order 21, Rule 99 CPC.7. Order 30 Rule 4 is to the following effect:—“4. Right of...

...30, Rule 4 of the Code of Civil Procedure supersedes the general provisions of Order 22 of the Code of Civil Procedure. 3. It has not been shown to me by the cou...rejecting the application, inasmuch as the provision of Order 30, Rule 4 of CPC is only an enabling provision. In case where the plaintiff files a suit against the firm and...quashed and set aside and the application Exh. 62 is allowed and the persons named therein are ordered to be joined as party defendants Nos. 4/1 to 4/5. Rule made absolute with no order as to costs. ...

...Trial Court on the ground that under Order 30 Rule 4 of CPC, if one of the partner is already on record, there is no necessity to bring other legal representatives of...deceased partner on record. 2. The learned counsel for the petitioners has submitted that they can be made party under sub-rule (2) of Rule 4 of Order 30 of CPC...legal representatives of Lalchand moved an application under Order 1 Rule 10 of CPC for impleading them as a party. This application was rejected vide impugned order by the...

...dismissed in default of the appearance of the objector. Few days after expiry of 30 days, an application was filed under Order 37 Rule 4 read with Order 9 Rule 13 CPC....learned counsel for the petitioner argues that Order 9 Rule 13 CPC is not applicable to this case and for filing an application under Order 37 Rule 4 ..., Rule 4, C.P.C. viz., regarding (he special circumstances, if any, which may justify the setting aside of the order. 4. The parties through their counsel are directed to appear before the...

...that suit for accounts by one partner against some only of the others is not maintainable. Order 30 Rule 4. CPC does not sustain such action. In a suit for rendition of...4. Relief.5. Vide order dated 24.8.1985, Sub Judge Ist Class, Chandigarh dismissed the plaintiffs suit in view of his findings that no suit was competent in the absence of...maintainable.4. On the pleadings of the parties, the following issues were framed:1. Whether the defendant is an accounting party? OPP.2. Whether the suit...

...got reconstituted and a fresh partnership deed was also executed, but no such evidence was brought on record. The theory of reconstitution of the firm has been disbelieved by the trial Court. Order 30, Rule 4 ...plaintiffs have also taken care to implead Smt. Prem Lata Sharma widow of late Gajendra Sharma, the deceased partner. This was by way of abundant condition, though not required in view of Order 30, Rule 4 .../s. Janta Finance & Trading Corporation. Order 30, Rule 1 CPC 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...

..., is that an application under Order 9 Rule 13 CPC can be filed only by a defendant and by no one else. Respondent 4 is a transferee pendente lite and in the absence of his having promptly taken steps...application under Order 9 Rule 13 CPC seeking setting aside of the decree and also making a prayer under Order 22 Rule 10 CPC for being brought on record. Prayer was also made for condoning the de...sufficient cause for setting aside the decree within the meaning of Order 9 Rule 13 CPC was made out. The appellant preferred a civil revision in the High Court which has been dismissed...

...the Public Prosecutor. It has to peruse the record. In this respect, these provisions are different from the provisions of Rule 30 Order 41 CPC and the legislature specifically requires the perusal of...the record by the appellate court before deciding the appeal. It does not so provide in Rule 30 Order 41 CPC.10. The view that we take, also finds support from...decided on merits on the material before the court was not dependent on his addressing the court. Reliance is placed on the provisions of Order 41 Rules 30, 31 and 32 CPC. We do not agree with this...

...for the petitioner makes a limited submission that the application preferred under Order 39 Rule 1 and 2 of CPC, which was originally preferred under Order 39 Rule 4 of ...Joshi Sr. Advocate assisted by Ms. Kamini Joshi For Respondent(s) : HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order 10/04/2023 Learned Senior Counsel appearing...the date of receiving the certified copy of this order, strictly in accordance with...

...v. Sardarmal, 1962 Raj LW 65 : (AIR 1961 Raj 223).4. Order 30, Rule 4 of the ...suits by or against the firm and that Rule 4 is applicable only when the suit is brought in the name of the firm. As stated above there is nothing on record in the present case whether the firm had any name at all. Accordingly the p...Himmat Ram. In support of his contention he has relied upon the provisions of O. 30, R. 4 of the CPC. and a Bench decision of this Court Gajanand...

...of the suit, an application was filed by the defendants to reject the plaint under Order 7 Rule 2, 11(b), 14, 17 and Order 30 rule 2, Order 30 rule 8(1), (2), (4) read w...application filed by the appellants under Order 7 Rule 11 of the Code of Civil Procedure, 1908 to reject the plaint at the threshold. 2. In order to comprehend the issues involved in the.... The trial Court held that while deciding application under Order 7 Rule 11, the assertions made in the plaint are required to be examined. Thus, the Court dismissed the application...

...had the information, on coming to know of the death after dasti service was taken out, immediately application under Order 22, Rule 4, CPC came to be filed within 30 days of the date of the knowledge...cannot be construed to be knowledge of death. Even if it is assumed that abatement was caused, since application was filed under Order 22, Rule 4, CPC within 30 days from the date of the knowledge...was taken, the appellant was informed that the respondent had died. Consequently, application for substitution under Order 22, Rule 4, CPC was filed on 12-2-1996. The legal representatives received the...

...wanted to appear in the suit under protest in terms of Order 30 Rule 8 read with Section 151 CPC. [4]. Order 30 ...application under Order 30 Rule 8 read with Section 151 CPC filed by defendant No.2 Smt. Rupinder Kaur was allowed. [2]. Plaintiff/petitioner filed a suit for...application under Order 30 Rule 8 CPC:- 1. Whether defendant No.1 is a partnership firm and defendants No.2 and 3 are partners of defendant No.1...

...accepted the reference. It held that the general rule is that evidence has to be taken in accordance with provisions of Order XVIII, Rule 4, CPC and that evidence on affidavit is..., Rule 1, CPC.4. Section 341 of the U.P Zamindari Abolition and...Act. If a different procedure is contemplated under the U.P Zamindari Abolition and Land Reforms Rules, the procedure under the CPC would not be applicable. Section 198(4...

..., the present petition is disposed of with direction to District Judge, Firozabad to decide the Misc. Case No. 14 of 2025 under Order 9 Rule 4 CPC in Civil Appeal No. 30 of 2024 in accordance with law, if ...following prayer:- "(i). Issue a direction to decide the Misc. Case No. 14 of 2025 under Order 9 Rule 4 CPC, within stipulated period." 3. Learned counsel for petitioner submitted...that aforesaid case is pending since long. Therefore, a direction may be issued to District Judge, Firozabad to decide the case at the earliest. 4. In the facts and circumstances of the case...

...Charitable Endowments Act, the admissibility of document under Order 30 Rule 4 of CPC etc., The learned Judge had returned the suit on the ground that it is only the District Court which would have...initiating the suit under Section 92 of CPC. For the reason best known to the learned Judge, the learned Judge has waxed eloquent on public trust, private trust, Tamil Nadu Hindu Religious and...jurisdiction, to decide the suit filed by the trust, under Section 92 of CPC and that apart, the pecuniary value of the proceedings would also have to be taken note of. Therefore, the learned District Munsif had...

...suit, the Managing Partner died. In view of Rule 4 of Order 30 CPC, the suit shall continue in the event of death of a partner. Thus the courts below have committed...the firm who represented the partnership died during pendency of the suit. Both the courts below are justified in holding that the suit has abated.9. Rule 1 of Order 30 and Rule ....11. The provisions of Order 30 CPC are intended to avoid the consequences and conflicts raised on the basis of Section 45 of the Indian Contract Act. The suit, in the instant case...

.... The suit came to be laid on 25-4-1988. The suit was dismissed for default on 27-5-1988. An application under Order 9 Rule 4 CPC was filed for restoration on 30-5-1988. The appellant filed object...stating that Ram Nihore had already died on 4-9-1979. Therefore, it was a fraudulent suit laid on behalf of a dead person by the co-plaintiff. That application came to be dismissed on 30-5-1988...Order1. Leave granted.2. We have heard learned counsel on both sides.3. These two appeals by...

...Order 22 Rule 4 and Order 30 Rule 4 and Section 151 CPC with the prayer that the name of Smt. Jind Singh being the wife of the deceased be substituted ..., subject to the order of sucession and conditions specified, respectively, in explanation I and Explanation JI to this clause, such of the persons (a) spouse, (b) son or daughter, or, whether there...60 in support of his contention that the provisions of section 30 are enabling provisions and they do not make it compulsory for the partners to sue in the name of the firm. If the suit is not filed...

...suit.2. Defendants filed IA No. 10 under Order 39 Rule 4 CPC to vacate the ad-interim order of temporary injunction ordered in the suit on 30-9-2007, to w...been questioned by the legal representatives of the plaintiff in this writ petition.3. IA No. 10 was filed under Rule 4 of Order 39 CPC. While dismissing IA No.... 10, the observation noted supra been made. An order passed by a court in exercise of jurisdiction under Rules 1, 2 & 4 of Order 39 CPC can be the subject matter of challenge...