appellant under Order
1
VII Rule 14 (3) of the Code of Civil Procedure (hereinafter
referred to as the Code) seeking leave ... Rule 1 as applicable to the commercial suits by which
Civil Procedure Code has been amended with respect to the
suits before the commercial
various nuances of provisions of the Partition Act , the Civil Procedure Code ( CPC ) and
O. REF.2/2018 ... part of the
preliminary decree.
Order XXI of the Code of Civil Procedure , inter alia, provides that a
property can be put to sale
Section 15A in The Code of Civil Procedure, 1908
15A. Verification of pleadings in a commercial dispute—
(1) Notwithstanding anything contained in Rule ... elsewhere, before any officer mentioned in section 139 of the Code of Civil Procedure, 1908."-(1-10-1983). [Orissa].-Same as that of Patna
Code of Criminal Procedure.
C. That the proceedings before the learned Trial Court were purely civil
in nature and, therefore, the learned Trial Court ... read
with Order 26 Rule 10A of the Code of Civil Procedure ,1908. It is a totally
flawed argument that such report cannot
used in Rule 10 of Order 30 of the Code of Civil Procedure ?"
The circumstances in which this question arose have been ... person' in Rule 10 of Order 30 of the Code of Civil Procedure by reason of the limitation contained in the definition itself
under Order
VII Rule 11 CPC )
1. The background to these applications is that the Plaintiff, Mrs.
Surinder Kaur, filed the aforementioned ... under Order XXXIX Rules 1 & 2 of
the Code of Civil Procedure , 1908 (' CPC ') was directed
Rule 1 and Order
XXXIX Rule 10 of the Code of Civil Procedure is that a Court can, in a case
of this kind ... suit. Surely, the provisions of Section 151 of
the Code of Civil Procedure can be invited in aid to cover all such cases
specifically, Amendments made to CPC . Order VI
Rule 15A CPC provides for verification of pleadings in a commercial
dispute ... signed and other than this, there is no provision either in the CPC or
in the Commercial Courts Act , requiring every page
civil proceeding and is not restricted by anything contained in Section 115 of the Code to the entirety of the proceeding in a Civil ... case decided within the leaning of Section 115 of the Code of Civil Procedure."
14. Thus it is clear that an interlocutory order
first required to consider the provisions of section 9 of the Civil Procedure Code. The provisions of section 9 of the CPC ... suit as per the procedure as of a civil court under the code of civil Procedure. Section 14 of the Inams Act reads thus