No Bar For Filing Application Under Order 1 Rule 10, Even When That Filed Under Order 22 Rule 4 Of CPC Is Dismissed As Not Maintainable: Supreme Court

 

 The Supreme Court in Pankajbhai Rameshbhai Zalavadia vs Jethabhai Kalabhai Zalavadiya (Deceased) through LRs & Ors. held that there is no bar for filing the application under Order 1 Rule 10, even though the application under Order 22 Rule 4 of the CPC was dismissed as not maintainable. Earlier the trail court had dismissed the application filed earlier under Order 22 Rule 4 of the Code on the account of non-maintainability.