against that order under Order XLIII Rule 1 of the Code of Civil
Procedure , 1908 (for short "the Code ... explanation to Order IX Rule 13 of the Code added by
the Code of Civil Procedure (Amendment
filed under Civil Procedure Code or Criminal Procedure Code or from a decree or order of any High Court to the same ... that Sections 4 to 24 of the Limitation Act would apply to civil courts as duly constituted under the Civil Procedure Code
disposal of which is governed by the rules of
procedure laid down in the Civil Procedure
Code."
Though about 77 years have passed ... Code of Civil
151
Procedure. What does the word "procedure" mean? The
procedure must necessarily be the procedure governing such
-an appeal
application under Order IX Rule 13
2
read with Section 151 of the Civil Procedure Code
(hereinafter called ` CPC ... appellants invited out attention to the
order of the appellate Court, by which the Order IX
Rule 13 application of the appellants/defendants
interpretation of
1
Order VIII Rule 6A of the Civil Procedure Code (hereinafter
referred to as “ the CPC ”), regarding ... Order VIII Rule 6A of
the CPC .
4
6. We have heard the learned counsel on either side at length
Addl. City Civil Judge dismissed the suit by deciding
issues no. 3 and 4 and the application under section 10 CPC ... have to be conducted in accordance with provisions of the Code of Civil
Procedure . Section 10 CPC no doubt lays down
raising objections to the award.
(c) The Civil Procedure Code including Order IX Rule 13
is applicable to the proceedings initiated by producing ... . Order
VIII provides the procedure where written statement by the
defendant is not filed. Order VIII Rule 5(2)(4) provides
that where
Code of
Civil Procedure . A civil court could permit under
provisions of S. 153 of the Code an amendment of the plaint ... Code of Civil Procedure .
In these circumstances, a civil court could permit, tinder
the provisions of s. 153 of the Code (or possibly
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
notice, he is entitled under Section 108 , Civil Procedure Code (Order IX, Rule 13 of the new Code) to have ... Govindaraghava Ayyar, that Order IX, Rule 13, Civil Procedure Code, does not apply to ex-parte orders passed in execution but only
