suit was dismissed under Order IX, Rule 3 of the Code of Civil Procedure . Both the parties were absent ... suit was restored under Order IX Rule 4 of the Code of Civil Procedure on the application of the plaintiff. No notice
courts, the learned civil judge noted in the order dated 31.3.2004 that since the application under Order VII Rule 11 CPC ... competent jurisdiction, under provision of Order VII Rule 10 of the Code of Civil Procedure and time be given to the plaintiff
order passed upon the application of the rules of the Civil Procedure Code.
7. In our opinion the phrase "and from ... Arbitration Act itself & as such any order passed under the provisions of the Civil Procedure Code is an order passed under
Conciliation
Act, 1996 or an order passed in proceedings under the Code of Civil
Procedure , 1908. For determining the question about
maintainability ... rules of procedure which reads thus :
"19. Determination of rules of procedure.- (1) The arbitral tribunal
shall not be bound by the Code
page 270, held that Order XXIII, Rule 3, of the Civil Procedure Code, contains provisions corresponding to the plea of "accord ... passed by the Court under Order XXIII, Rule 3, of the Civil Procedure Code, but not otherwise. At page 948 Marten
separate suit.
(2)Omitted by the Code of Civil Procedure (Amendment Act, 1976, S. 20 (w.e.f. 1.2.1977)
(3)Where a question arises ... held that words ''decision', and ''Civil Court' unambiguously rule out an award by arbitrators to be a decree
order dated 16.8.2002 although the defendant No.2 has styled his application as under Section 151 of the Code of Civil Procedure ... order dated 20.9.2003. In that view of the matter it is submitted that the application under Section 151 of the Civil Procedure Code
powers in terms of Order 9 rule 8 of the Civil Procedure Code.
(3) The plaintiffs, who are the petitioners before me. made ... without an affidavit. It is under Order 9, rule 13 Civil Procedure Code. No such application is maintainable on the allegations made
Section 151 of the Code of Civil Procedure and Rule 9 of the Companies (Court) Rules, 1959, for appointment of an umpire to reconcile ... application under Order 23, Rule 3 read with Section 151 of the Civil Procedure Code, referred to above, as also the order
Order qualifies as an interim
award because the counter claims were rejected by the Order. Learned
counsel contended that any order that ... accepted in terms of
Section 23(4) of the Arbitration Act. Section 23(4) is as under:
“(4) The statement of claim and defence under
