Applicability of Order 22 Rule 4 to company petitions led to abatement when legal representatives were not timely substituted.

Section 141 CPC and Rule 6 of the Companies (Court) Rules, 1959 extend suit procedure to company petition proceedings unless the Companies Act or the Rules provide a different procedure. As no contrary procedure was shown, Order 22 Rule 4 applied to the proceeding. Because the respondents had died long before and no application was filed within the limitation period to bring their legal representatives on record, the consequence under Order 22 Rule 4(3) followed. The petition was held to have abated, and the argument that Order 22 Rule 4 did not apply was rejected.

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Issues: Whether Order 22, Rule 4 of the Code of Civil Procedure, 1908 applied to company petition proceedings under the Companies Act, 1956, and whether the petition abated for failure to bring the legal representatives of the deceased respondents on record within the prescribed period.

Analysis: The provisions of Section 141 of the Code of Civil Procedure, 1908 and Rule 6 of the Companies (Court) Rules, 1959 make the procedure applicable to suits available, so far as possible, to proceedings under the Companies Act unless the Act or the Rules provide a contrary procedure. No such contrary procedure was shown. Since respondents had died long before and no application was moved within the limitation period under Article 120 of the Limitation Act, 1963 to bring their legal representatives on record, the consequence under Order 22, Rule 4(3) followed.

Conclusion: The petition was held to have abated, and the contention that Order 22, Rule 4 did not apply to the proceeding was rejected.

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