What is application under order 22 rule 4 of cpc?
Asked by: Alyson Mayert | Last update: February 2, 2026Score: 5/5 (29 votes)
An application under Order 22 Rule 4 of the Code of Civil Procedure (CPC) is a formal request by a plaintiff (or appellant) to the court to substitute the deceased defendant's legal heirs or representatives into the ongoing lawsuit, ensuring the case continues when the right to sue survives the defendant's death, usually requiring action within 90 days to avoid the suit's abatement against the deceased party.
What is application under order 22 rule 4?
Application for Substitution of Heirs
Order 22 Rule 4 of the Code of Civil Procedure discusses the procedure for when a party dies during a legal proceeding - the legal representatives must be added or the case may be dismissed.
What does rule 22 mean in Court?
Interpleader. (a) Grounds. (1) By a Plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead.
What is the order 22 of the CPC?
Wherever a pleader appearing for a party to the suit comes to know of the death of that party, he shall inform the court about it, and the Court shall thereupon give notice of such death, to the other party, and, for this purpose, the contract between the pleader and the deceased party shall be deemed to subsist.
What is the difference between order 1 rule 10 and order 22 rule 4?
Differentiating the ambit and scope of Order-1 R-10 (2) and Order-XXII R-4 CPC, the Jammu and Kashmir High Court has ruled that while Order-1 R-10 (2) enables the Court to add, substitute or strike down a person impleaded as party to the suit, Order-XXII R-4 on the other hand requires the plaintiff to bring legal heirs ...
How to save your case from Abatement? Order 41 Rule 4 vs Order 22 Rule 4 Code of Civil Procedure
What is a rule 4 summons?
Duty to Avoid Unnecessary Expenses of Serving a Summons
Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint.
Can a suit be dismissed for misjoinder of parties?
A suit is not to be dismissed only on the ground of non-joinder or misjoinder of parties. The Court may allow the necessary parties to be joined, in at a later stage. The Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it.
How does CPC Order 22 protect my rights?
Order XXII of the Code of Civil Procedure, 1908 ('CPC') governs such situations, providing for the abatement of proceedings on the death of one or more plaintiffs or defendants wherein the right to sue does not survive.
What are common CPC mistakes?
Not coding to the highest level of ICD-CM specificity. Not being familiar with coding guidelines that require combination codes. Combination codes must be specific and cannot be reported separately (For example, E11. 22 is Type 2 diabetes mellitus with diabetic chronic kidney disease.
What is Section 22 of the Code of Civil Procedure?
Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court ...
What is the limitation for filing application under order 22 rule 3 cpc?
Sub-Rules 3 and 4 of Order XXII of the CPC stipulate that the Suit automatically abates when an application to substitute the legal representatives of a deceased party is not filed within the prescribed limitation period of 90 days from the date of death as stipulated by Article 120 of the Limitation Act 1963.
What is rule 22?
(a) Grounds. (1) By a Plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead.
What is the time limit for abatement?
Abatement takes place ninety days after the death of the defendant or respondent. So the opposite party is allowed a period of 150 days in which to apply for setting aside the abatement, but if for some reason he cannot move the Court in this respect he is entitled to extension under Section 5 of the Limitation Act.
What are good grounds for appeal?
Good reasons to appeal a court decision center on legal or procedural errors, such as the judge misapplying the law, improper admission/exclusion of evidence, flawed jury instructions, constitutional violations, or insufficient evidence for a verdict, while financial aid appeals are strong when family circumstances change (job loss, high medical bills). The key is showing the lower court made a significant mistake that affected the outcome, not just disagreeing with the result.
How to make a restoration application?
The plaintiff can apply to set aside or restoration of the dismissal order by the court. The plaintiff can file restoration application under Section 151 of CPC. or otherwise fix the date. has to give notice in compulsion.
Who are the Class 2 legal heirs?
CLASS IInd HEIRS
(1) Daughter's son's son, (2) daughter's son's daughter, (3) daughter' daughter's son, (4) daughter's daughter's daughter. (1) Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter. Father's father; father's mother. Father's widow; brother's widow.
How to have a removed from CPC?
If you fit into this category–you would simply submit a letter to AAPC signed by your employer stating that you have 2 years experience. Once AAPC receives your letter, they will remove the “A” from your certification, and you will now have the CPC. If you do not have 2 years experience- AAPC offers another option.
Can you fail your CPC?
The aim of your CPC is to assess and prepare you for suitability to complete Initial Naval Training; whilst at CPC you will participate in a physical test to required standards. Inability to reach the required standard may result in you failing the course, and your entry into the RN may be delayed.
What are the side effects of CPC?
CPC has a lower incidence of side effects than CHX. The following side effects have seldomly been reported: tooth and tongue staining, gum irritation and aphthous ulcers. These side effects are not common and are reversible with discontinuation of use.
What is the order 22 rule 4 of CPC?
(4) The Court whenever it thinks fit, may exempt the plaintiff from the necessity of substituting the legal representatives of any such defendant who has failed to file a written statement or who, having filed it, has failed to appear and contest the suit at the hearing; and judgment may, in such case, be pronounced ...
Can a suit dismissed for default be restored?
If an application under Order 9 Rule 9 is dismissed for default, the plaintiff under Order 9 Rule 9, read with Section 141 of the CPC has the right to file another application to restore the original application.
What are the benefits of CPC Order 22?
Within its comprehensive framework, Order 22 addresses the consequences of the death, marriage, and insolvency of parties. Specifically, Order 22 Rule 4 provides the procedural mechanism for the substitution of legal representatives upon the death of a defendant.
What are common examples of misjoinder?
Example 2: Criminal Lawsuit (Distinct Criminal Acts)
This demonstrates misjoinder because David's alleged shoplifting offense is not of the same character, not based on the same act or transaction, and not connected with a common scheme as the credit card fraud charges against Alex, Ben, and Carla.
Is dismissed the same as denied?
A case being dismissed happens when a Plaintiff's case is thrown out and is considered a law. A denial occurs whenever an Appellate Court chooses not to hear an appeal if its discretionary... i.e Supreme Court cases are almost always discretionary and they will only hear cases if merit is presented.
What are the grounds for a motion to dismiss?
Grounds for a motion to dismiss challenge a lawsuit's legal sufficiency, often citing a court's lack of jurisdiction (subject matter or personal), improper venue, insufficient service of process, or the plaintiff's failure to state a claim (meaning even facts alleged don't support a legal case). Other reasons include failure to join a necessary party, the case being barred by the statute of limitations, or a prior judgment on the same issue.