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...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.... Order 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 ...within the prescribed time. The expression “sufficient cause” commonly appears in the provisions of Order 22 Rule 9(2) CPC and Section 5 of the Limitation Act, thus categorically demonstrating that...

....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 ...suit as well as to an appeal. It is seen from the records that fresh applications viz. CMs Nos. 11811 of 2009 (for condonation of delay), 11812 of 2009 (under Order 22 Rule 9 CPC) and 11813 of 2009.... 11811, 11812 and 11813 of 2009.6. But the facts remain that three fresh Applications Nos. 11811 of 2009, 11812 of 2009 (under Order 22 Rule 9 CPC) and 11813 of 2009 (under...

...conclusively, rather, the appeal was dismissed as having been abated upon rejection of an application under Order 22 Rule 9 of CPC. Two appellants i.e. appellant Nos. 1 and 3 and...Madan Nayak (supra), relied by the learned counsel for the respondents, in a similar situation where, the first appeal was dismissed as having been abated, upon rejection of the application for setting aside abatement under ...excluded from the definition of decree, no second appeal shall lie against the impugned order of dismissal of the first appeal as having abated as a consequence of rejection of the applic...

...as, the appellate court did not adjudicate the lis determining the rights of the parties conclusively, rather, the appeal was dismissed as having been abated upon rejection of an application under order 22...similar situation where, the first appeal was dismissed as having been abated, upon rejection of the application for setting aside abatement under order 22, rule 9, CPC, held as under..., and the order impugned is also excluded from the definition of decree, no second appeal shall lie against the impugned order of dismissal of the first appeal as having abated as a consequence of...

..., the trial Court has declined to allow the application under Order 22 Rule 9 Code of Civil Procedure, 19208, for setting aside the abatement of suit so far as it relate...Article 227 of the Constitution of India and submits that the application under Order 22 Rule 9 ...Order 43 (1) (k) CPC justify the preliminary objection raised on behalf of respondents. The said provision envisages- (k)- an order under rule 9 of ...

...envisaged; the abatement takes place on its own force by passage of time. In fact, a specific order is necessary under Order 22 Rule 9 CPC for setting aside the abatement....implied adjudication on merits, Section 11 of CPC would be attracted. Abatement of an appeal does not imply adjudication on merits and hence a specific provision had to be made in Order 22 Rule 9(1) that...abatement. An order under Order 22 Rule 9(2) CPC refusing to set aside abatement is specifically appealable under Order 43 Rule 1(k). Such an adjudication if it can be so styled ...

...the said suit, in addition to filing the written statement, the respondent-defendant filed I.A.No.3 under Order VII Rule 11(a & d) of CPC seeking rejection of the plaint on the ground that the...respondent/defendant to seek rejection of the plaint in the present suit, inter alia contending that the same was barred under Order 22 Rule 9(1) of CPC. ...recurring cause of action and the preset suit for permanent injunction simpliciter filed in 2019 cannot be said to be barred under Order 22 Rule 9(1) of CPC, especially, when the appellant-plaintiff had...

...the CPC is attracted and the appeal filed before the First Appellate Court against the rejection of application under Order 22 Rule 9(2) of the ...Order 22 Rule 3 and Order 22 Rule 9 of the CPC before the trial Court on 05-05-2009 inter-alia stating that he was not aware of the suit having been in...and others 2 has also considered the issue and held that an order under Order 22 Rule 9(2) of the CPC refusing to set aside the abatement is appealable under...

...22 Rule 4 CPC, application under Section 5 of the Limitation Act and application under Section 22 Rule 9 CPC. As a consequence of ...Limitation Act is also filed. As the appeal was abated, an application under Order 22 Rule 9 CPC was also filed for setting aside abatement of appeal. The learned Appellate...much less jurisdictional error while passing the impugned order.6. True it is that, while considering the prayer under Order 22 Rule 9 CPC for setting asi...

...to the order dated 11.10.2012. It is only the order of rejection of the application filed under Order 22 Rule 9 of CPC, is c...Order 22 Rule 9 of Civil Procedure Code, 1908 [CPC, for short] to close the revision petitions on 14.03.2013 as abated. Th...application under Order 22 Rule 9 of CPC, which came to be allowed, whereas in Revision Petition No.237/1999, the same came to be dismissed. The incongruous orders passed by...

...reviewing and recalling the order dated 30.05.2014 and rejection of the application under Order 22 Rule 9 of the CPC and application under...and set aside.(iii) by an appropriate writ, order or direction, the application under Order 22 Rule 9 of the CPC for setting aside the abatement read with...direction, the order dated 30.05.2014 (Annex-4) passed by the ADJ No. 2 dismissing the application under Order 22 Rule 4 of the CPC may kindly be declared illegal and be quashed...

...abated for want of filing of application under Order 22 Rule 9 CPC. 2. Short facts of case are that the plaintiff had instituted a suit for declaration of title and.... Although applications under order 22 rule 3 CPC and section 5 of the Limitation Act, 1963 were filed but for want of application under order 22 rule 9 CPC, the applica...affidavit(s) but for the reasons not known to the applicants, application under Order 22 Rule 9 CPC was not filed by the counsel. Resultantly, learned first appellate Court taking harsh view and even...

...maintainable under Order 22 Rule 9 CPC. On the basis of pleadings of the parties, the learned trial Court framed four issues including relief. After recording evidence of the...was different, the provisions of Order 22 Rule 9 CPC were not attracted. He, therefore, prays that the civil second appeal be allowed, the judgement and decree dated 04.12.2018 be quashed and set...to maintainability of the suit in view of Order 22 Rule 9 CPC, the learned trial Court held that the earlier suit filed by him qua the same property for permanent injunction against the predecessor...

...maintainable under Order 22 Rule 9 CPC.6. On the basis of pleadings of the parties, the learned trial Court framed four issues including relief. After recording evidence of...maintainability of the suit in view of Order 22 Rule 9 CPC, the learned trial Court held that the earlier suit filed by him qua the same property for permanent injunction against the predecessor-in-interes...of the defendants no. 1 to 5 stood dismissed on 25.04.1995 as having abated under Order 22 Rule 4 CPC and in view of averment in the instant suit that cause of action arose in July 1993, it was held...

...Smt Parwatu, Respondent 4, before the first appellate court on 16-10-2001, under Order 22 Rule 4 of the Code of Civil Procedure, 1908 (hereinafter called as “CPC”). The said application was duly...abatement can be sought once the suit stands abated. Abatement in fact results in denial to hearing of the case on merits. Order 22 Rule 1 CPC deals with the question of abatement on the death of the...plaintiff or of the defendant in a civil suit. Order 22 Rule 2 relates to procedure where one of the several plaintiffs or the defendants die and the right to sue survives. Order 22 Rule 3 ...

.... No. 13307/07, under Order 22 Rule 4 r/w 9 CPC for setting aside such abatement were filed. The same were seriously opposed on behalf of the proposed legal representatives of.... 4 and acquirement of title by them in respect of the disputed property it is stated that after withdrawal of the applications filed Under Order 22 Rule 3, Under Order 22 Rule ...Order 22 Rule 4, 9 and 11 of CPC and Section 5 of Limitation Act, the proposed legal heirs of such respondent may be brought on record at his place by the appellant in the...

...setting aside of the abatement as the said fact has not disputed by the counsel for the respondents/plaintiffs, the rejection of the said application by the Lower Appellate Court merely on the ground that application under ...representatives of deceased defendant No. 3-Anandram merely on the ground of non filing separate application under Order 22 Rule 9 of CPC for setting aside abatement. He would...condonation of delay, but in fact the same was an composite application under Order 22 Rule 9 of CPC for setting aside abatement and for condonation of delay under...

...application under Order 22 Rule 9 of the CPC as well as an application under Section 5 of the Limitation Act for condonation of delay in filing the application for setting aside the abatement was...under Order 22 Rule 9 of the CPC and Section 5 of the Limitation Act before the appellate Court itself despite passing of the impugned order dismissing the appeal as abated. After abatement it is ...open for a party to apply for setting aside of the same. 4. It is hence directed that in case petitioners file an application under Order 22 Rule 9 of the CPC and an application...

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