order inclusive of an order determining any question under Section 47 or Section 144 of the Code of Civil Procedure, 1908, which ... order inclusive of an
order determining any question under Section 47 or
Section 144 of the Code of Civil Procedure
position may now be considered. Order XXXII Rule 15 of the Civil Procedure Code, is as follows :
"The provisions contained in Rules ... follow strictly the procedure prescribed in Order XXXII, Rule 15, Civil Procedure Code, and that if the precaution of a judicial inquiry
language of Rule 7 read with Rule 4. It is manifest from Sub-rule (2) of Rule 4 that the discretion is vested in court ... regard to Rule 4(2) in the present Code. The section that was equivalent to Rule 4 of Order 47 was Section
Constitution of India are civil proceedings within the meaning of the Civil Procedure Code. Article 226 of the Constitution of India says:--
"Notwithstanding ... petitioners. The provision in Order 1 Rule 8 Civil Procedure Code, seeks to obviate the inconveniences arising out of a multiplicity of parties
same powers as are vested in a Civil Court under the Code of Civil Procedure , 1908 (5 of 1908), when trying a suit ... same powers as are vested in a Civil Court under the Code of Civil Procedure , 1908 (Central Act V of 1908), when trying
combined reading of Ss. 47,2(2) and 96, Civil Procedure Code it was apparent that an appeal from an order in execution ... order determining any question within Sec. 47, 'afortiori' the order dismissing an application to record satisfaction under Order XXI Rule
practically re-enacted in
Order XIII, Rule 4, of the Rules and Orders passed under the
Code of Civil Procedure ... formal
order and the definition of "order" contained in Section 2(14) of
the Code of Civil Procedure does
powers conferred on Civil Courts by the Code of Civil Procedure , 1908, including the powers to award costs."
7. The learned counsel ... provisions of Order 47 of the Code but that does not make any difference. If the Code of Civil Procedure applies
from an interlocutory order or from a final order passed in the proceedings. The Code of Civil Procedure , 1908 has not been ... under Order XXXIX, Rule 1 CPC , Order XLIII, Rule 1 CPC cannot be invoked for preferring
field by the petitioner under Order IX Rule 13 of the Code of Civil Procedure .
2. What happened here was that the respondent ... court had no power to order pending trial of an application under Order IX, Rule, 13, C.P.C . the defendants to deposit
