judgment on admission under Order XII Rule 6 of the Code
of Civil Procedure , 1908 in terms of prayer clause (a) of the plaint ... terms of Order XX
Rule 18(2) of the Code of Civil Procedure , 1908 and seeks further
declaration that the plaintiff along with defendant
aepl4-17
under Order 6 Rule 15 of the Code of Civil Procedure , 1908 and
section 83 of the said Act, the petitioner has failed ... High Court in accordance with the
procedure applicable under the Code of Civil Procedure , 1908 to the
trial of the suit subject to the provision
Judgment :-
1. By this Civil Revision Application filed under Section 115
of the Code of Civil Procedure, 1908 (for short " the CPC ... Code of Civil Procedure, 1908 challenging the jurisdiction of civil
court. He submits that the learned civil court while passing impugned
order was also exercising
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
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
civil court in the earlier round of litigation though
had filed an application under section 9A of the Code of Civil Procedure,
1908 and more ... civil court has jurisdiction by
allowing the application filed by the defendants under section 9A of the
Code of Civil Procedure, 1908 has attained finality
civil court in the earlier round of litigation though
had filed an application under section 9A of the Code of Civil Procedure,
1908 and more ... civil court has jurisdiction by
allowing the application filed by the defendants under section 9A of the
Code of Civil Procedure, 1908 has attained finality
petition on the civil side of this
court on the ground that section 24 of the Code of Civil Procedure, 1908 cannot be
attracted ... High Court exercising civil jurisdiction,
application filed under section 24 of the Code of Civil Procedure, 1908 on the civil
side is not maintainable. Learned
provisions of Order 38 Rule 5 of the Code of Civil Procedure , 1908.
He submits that there were no averments made in the petition filed ... form of dispute
resolution. The rigors of every procedural provision in the Code of
Civil Procedure , 1908 cannot be put into place to defeat
