Decree holder on 27.10.2007
under Order XXI Rule 11 of the Code of Civil Procedure (‘ CPC ’ hereinafter).
It transpired that ... regard that Rule 103 ordains that
where any application has been adjudicated upon under rule 98 or rule 100,
the order made thereon shall
4) ADJ 587, 2014 (4) SCALE 275, AIR 2014 SC (CIVIL) 1201, (2014) 4 SCALE 275
Author: Fakkir Mohamed Ibrahim Kalifulla
Bench: Fakkir Mohamed Ibrahim ... before this Court. Relying on Order 47
Rule 7 of the Code of Civil Procedure , 1908 and the earlier judgments
of this Court
respondent
No.1/plaintiff under Order XV-A of the Civil Procedure Code ( CPC ), 1908
and I.A. No.13496 ... struck off for non-compliance of an order under Order
XXXIX Rule 10 of the CPC , even if the erstwhile
civil court. It is not confined to applications contemplated by or under the Code of Civil Procedure .
16. From the above context ... order and not a Decree. Thus the word 'Decree' must be given the meaning assigned to it in the Civil Procedure Code
JUDGMENT
VIPIN SANGHI, J.
I.A. Nos. 1111/2013 (under Order VII Rule 11 CPC for rejection of
counter-claim filed ... party
pleading fraud is obliged, under Order VI Rule 4 CPC , to give particulars of
the pleaded fraud - with dates
basic principles contained in Order 39 Rules 1 & 2 of Civil
Procedure Code, 1908 ( C.P.C .), the learned Senior Counsel would ... provisions
contained in the Code of Civil Procedure are not
applicable to the proceedings under the Act, still, in my
opinion, in the absence
orders passed against the
appellant therein, and after deliberating the nature of the order, that is,
one under Order IX Rule ... correctness of the order
of the Civil Judge in disposing of the application under Order IX Rule 7
filed by the appellant
immovable property,
consequent to rejection (under Order VII Rule 11 of Civil Procedure Code
( CPC ), 1908 and on a preliminary ... CPC ? OPD
4. Whether the suit is bared u/O 2 Rule 2 CPC ?
OPD
5. Whether the suit
Code of Civil Procedure are applicable to all civil proceedings /
civil suits, whereas under section 4 of the Code of Criminal Procedure ... Code of Criminal Procedure is an Act to consolidate and amend the
law relating to criminal procedure. Section 4 of Cr.PC provides that
Court Act- Application of the Code of Civil Procedure - (1) [ The procedure prescribed om the Code of Civil Procedure ... , they could not be used for disturbing the procedure provided under the Civil Procedure Code because its ramification could prove retrogative
