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
after relying on the
provisions of Order XXVII Rule 8A, Code of Civil Procedure (for
short ‘ CPC ’). Challenging the said ... Civil Procedure , 1908 (5 of 1908).”
CODE OF CIVIL PROCEDURE, 1908.
“Order XXVII, Rule 8A
8A. No security to be required from
Government
application of the provisions of the Civil Procedure Code, Order 1, Rule 10 of the Code would squarely apply to the proceedings ... Rule 789 of the O.S. Rules which provides that, in cases not provided for in the rules the provisions of the Civil Procedure Code
application of the provisions of the Civil Procedure Code, Order I Rule 10 of the Code would squarely apply to the proceedings ... arbitration proceedings will be governed by the Civil Procedure Code and under Order 1 Rule 10 of the C.P.C . the Court
provisions of this Act and of rules made
thereunder
(a) the provisions of the Code of Civil
Procedure, 1908, shall apply to all
proceedings ... provisions of the
Arbitration Act , provisions of the Code of Civil Procedure would
apply to all proceedings before the Court and the appeals under
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
provisions of this Act and of rules made thereunder-(a) the provisions of the Civil Procedure Code, 1908, shall apply to all proceedings before ... prove in order to entitle him to succeed in the suit.
13. The above provisions of the Civil Procedure Code viz., Sections
applications relating to matters contained in the Second Schedule of the Civil Procedure Code. The Arbitration Act of 1940 repealed the Arbitration ... that Act and all the rules made thereunder, the provisions of the Code of Civil Procedure , 1908, shall apply to all proceedings before
Rule 2 places an obligation on the party to lead
their entire evidence, while Sub-rule (4) of Rule 2
of Order 18 notwithstanding ... date fixed by the Court. Sub-rule (4) of Rule 2 of Order 18, still gave powers to the Court to permit a party
