filing a suit before the civil
'._co'u1*t as provided by Civil Procedure Code, or in
C '' "accordance ... enumerated in cl.a.141ses (21) to (c) of Article 4 ,
S':
4:" 6
no interpretation which takes away such jurisdiction
and renders
respondents filed I.A No. 3 under Section 151 of Civil Procedure Code, 1908 (for short ' CPC ') seeking ... cross-examination. Under the circumstances, considering the procedure contained in Sub-Rule (4) of Order XVIII and Order IX Rule 6 CPC
clear provision contained in Rule 35 and Section 141 of the Code of Civil Procedure, we hold that the provisions of the ... expression "subject-matter" in Order 23, Rule 1, Code of Civil Procedure means the series of acts or transactions alleged
KANT) 1909, (1997) 4 ICC 197, (1997) 3 KANT LJ 266, (1997) 4 CURCC 422
Author: Mohamed Anwar
Bench: Mohamed Anwar
ORDER
1. This ... material provisions under Order 17, Rule 2 and Rule 3(b) read with Order 9, Rule 13, of C.P.C . I find
I Rule 10 Sub-rule (2) read with Rule 3 and further read with Section 151 of CPC. Defendant ... suit is not in consonance with the procedure much less under Rule 12 Rule 6 of CPC .
32. Sri Batra, learned Counsel
claimed, is contained in Order 8, Rule 6 of the Code of Civil Procedure . Sub-rule (1), which is relevant, is extracted below ... emphasis supplied)
19.5 Rule 6-B of Order 8 of the Civil Procedure Code requires the defendant, who seeks to rely upon
amended provisions of the Code Civil Procedure contained in sub-rule (4) of Rule 2 of Order XVIII as also under Order ... parte";
The afore quoted provision under sub-rule (4) of Rule 2 of Order XVIII is a new provision which has been inserted
procedure. An attribute which distinguishes a tribunal from the Civil Court. A Civil Court cannot depart from the procedure prescribed in the Code ... Motor Accidents Claims Tribunal is a Civil Court for the purposes of Section 25 of the Civil Procedure Code. The Supreme Court while placing
maintainability of the petition under Order 9, Rule 9, Civil Procedure Code.
2. The point for determination is whether the application ... Code of Civil Procedure shall apply to all proceedings before the Court under this Act."
Section 141,Civil procedure Code
Civil Procedure , 1908."
(11) In interpreting the language of this section emphasis has been placed on two expressions, viz., that the Civil Procedure Code ... civil court. Indeed we might point out that the very title given to Order 9 of the Code of Civil Procedure
