Transfer
of Property Act read with Order 34 of the Civil Procedure Code, 1908 relating to
the procedure prescribed for adjudication of the mortgage suits ... that underlined principles under Order 38 Rule 5 of
the Civil Procedure Code, 1908 ( CPC ) have been satisfied by the petitioner. The
learned
Transfer
of Property Act read with Order 34 of the Civil Procedure Code, 1908 relating to
the procedure prescribed for adjudication of the mortgage suits ... that underlined principles under Order 38 Rule 5 of
the Civil Procedure Code, 1908 ( CPC ) have been satisfied by the petitioner. The
learned
filed by the Petitioner under Section 47 of
the Code of Civil Procedure Code, 1908.
Page 1 of 30
Signature Not Verified
Digitally Signed
Signed ... CPC before the
executing Court.
55.The objections available under Section 47 of the Code of Civil
Procedure, 1908 will therefore
words 'the award shall be enforced under
the Civil Procedure Code, 1908 in the same manner as if it
were a decree ... shall be
enforced in accordance with the provisions of the Civil
Procedure Code, 1908 (5 of 1908), in the same manner
as if it were
VIII Rule 10 of CPC , 1908:
43. Order VIII Rule 10 of CPC , 1908 has been incorporated by the
Legislature ... under Order XIIIA of CPC , 1908, finds mention
in Rule 24.2 of Civil Procedure Rules in England. It refers to the words
, 1908.
17. That the trial Court had failed to notice that there was non -
compliance of Order VII Rule 3 of the CPC ... generic and wide sense (as in Section 20 of
the Civil Procedure Code, 1908) "cause of action"
means every fact, which
only through the process of
execution under Order XXI of Code of Civil Procedure , 1908 (hereinafter
referred to as ' CPC , 1908 ... Code of Civil
Procedure , 1908 (5 of 1908), as amended by this Act, the
provisions of the Code of Civil Procedure as amended by
this
filed under Order XXIII Rule 3 of
CPC 1908, in the said Civil suit, for bringing the compromise on record.
The compromise application ... filed under Order 23 Rule 3 of CPC , 1908, in the said Civil
suit, for bringing the compromise on record
present application under Section 151 of the Code of Civil
Procedure, 1908 (hereinafter referred to as " CPC ") has been filed ... Order VIII Rule 1 read
with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred
to as „ CPC ‟) and read with
directly. Requisite
procedure is required to be followed even by the Court
under the provisions of the Code of Civil Procedure , 1908
read with Section ... under Sections 75 and 77 of
Order XXVI of the Civil Procedure Code, 1908. After considering the arguments
of both the parties, the learned arbitrator
