allowed the
application under Order IX Rule 13 of the Code of Civil Procedure ,
1908 (hereinafter called CPC ), reversing ... Code of
Criminal Procedure, 1973 (hereinafter called Cr.P.C .). The said
3
application under Order IX, Rule 13 CPC
modelled
either on order XIX Rule 3 of the Code of Civil
Procedure , or Order XI of the Supreme Court Rules ... modelled
on the lines of Order 19, Rule 3, of the
Civil Procedure Code, whether the Code
applies in terms
appeal against such an order would be one under section 104 of
the Civil Procedure Code and a further appeal would, therefore ... history of the matter and
pointed out that under the Civil Procedure Codes of 1877 and 1882 there
was a divergence of opinion among
before the
trial court under Order VII Rule 11 of the Civil Procedure Code, 1908
(for short, `the Code') for rejection ... modes prescribed in
Order IX of the Code. Order IX Rule 6 (1)(a) lays down the procedure
where after due service
Civil Procedure relating to the procedure to be followed by the Court when only plaintiff appears. That Rule reads as under:-
"6. Procedure when ... Section 2(9) read with Order XX Rule 4 of the Code of Civil Procedure .
21. From the above discussions, it is manifestly
application filed under Order 39
Rules 1 and 2 read with Section 151 of Civil Procedure
Code ( CPC ) filed ... applications under Order
39 Rules 1 and 2 read with Section 151 of the
Code of Civil Procedure to restrain the
defendants
established in Rameswaram. One Sivalingam Chettiar filed an application under Order I, Rule 10, CPC , seeking to get impleaded ... shops. The plaint was rejected by the trial Court under Order VII, Rule 11, CPC , on the ground that under Section
admits that by the order
dated 18th March, 2011 notice has been issued in SLP(Civil) No.
5756/2011 filed before the Supreme Court ... Court has power under
Section 75 (e) of the Code of Civil Procedure ( CPC ) read with
Order-XXVI, Rule
importing the provisions of Order 38, Rule 5
of the Code of Civil Procedure as it is. The legislature while
enacting Section ... into it the provisions of Order 38, Rule 5
of the Civil Procedure Code as it is. ..... ..... ..... ..... the
guiding factor for exercise
Sections 4 to 24 .
Sub-rule (3) of Rule 3A does not render an
CRP.785/07 4
appeal properly presented under Sub rule ... read with Order 42 of CPC . Rule 3A of Order
41 introduced by the CPC Amendment
