Application under order 22 rule 3

jitender (Querist) 14 December 2014 This query is : Resolved
Mr.A filed a suit for recovery of wages and was decreed exparte by scj delhi. Thereafter compny x against whomthe decree was passed appeared and filed order 9rule 13 application. The decree holder died and wife of DH moved application under order 22 rule 3 cpc and application was allowed by scj in execution proceeddings comapny x filed review and recall apllication on the ground that order 22rule 3 doesnt apply to execution proceedings as per order 22 rule 12 and since its dcree only wife cant be substituted all class one legal heir names are not on record. but the review and recall appliction was also dismissed and ordered impleadment of wife and ordered warrant of attachment even when order 9 rule 13 application is pending. To which court can company x appeal against this order and under which provision coz cpc doesnt provide for apeeal against orders passed in order 22 rule 3 application. Experts advice is required on this... Pls help..
Thanks.

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ajay sethi (Expert) 14 December 2014
company can afford legal fees

prabhakar singh (Expert) 14 December 2014
Has company not engaged any lawyer in the case?

Devajyoti Barman (Expert) 14 December 2014
Commercial query is not replied.

Guest (Expert) 14 December 2014
Consult A Local Good Advocate.

ROHIT SHARMA (Expert) 14 December 2014
1. The High Court can hear writ petition u/A 227 of the C.O.I. to decide your question in law.

2. Reading Rule 12 of Order 22 of C.P.C. determine that the provisions of Rule 3 of the same Order 22 does not effect the process of execution of decree or order it is therefore quite evident that the process of the requirement of substitution of the deceased plaintiff by the wife or all other legal heirs does not in any way becomes an issue and neither it interferes with the execution of decree or order.

2. As such the application filed by the wife u/Rule 3 of Order 22 C.P.C. for inclusion of her right to represent as legal representative of the deceased plaintiff was allowed by the S.J.

3. And that; the decree debtor cannot seek shelter of Rule 12 Order 22 to disturb the right of the wife to proceed to file such submission for to be acknowledged as legal representative and receive the the sum ordered for recovery from the judgment debtor.

4. Hence the wife is entitled to proceed with execution of the said such decree against the judgement debtor and in the present situation the provisions Rule 3 of order 22 C.P.C. does not attract Rule 12 of Order 22 as the wife has been lawfully substituted as L.R. of the deceased plaintiff within the time limit.

5. The execution of the decree by the L.R. is maintainable despite that proceeding under Rule 3 of Order 22 have been attended to by the court and this fact itself does not invite coherence with Rule 12 Order 22 C.P.C.