attachment are in violation of the
procedure established under sub-rule (5) of Rule 159 of HPGST Rules,
which provides that an opportunity of being ... following terms:
“5. The power under Order 38, Rule 5 Civil Procedure Code is a
drastic and extraordinary power. Such power should
civil court and shall have
the same powers as may be exercised by a civil court under the
Code of Civil Procedure ... suit, or
executing a decree or order.
(6) Notwithstanding anything contained in the Code of Civil
Procedure , 1908 (5 of 1908), the Tribunal
express provision like Order [4]1 Rule 22 of the Code of Civil
Procedure it can devise the appropriate procedure to be adopted ... principles without having recourse to Order 41 Rule 22
of the Code of Civil Procedure . Reference may be had to a recent
decision
Court in terms of
2
Order I Rule 8 of the Code of Civil Procedure .
4. Though the builder who is the appellant ... provisions of the Code of Civil Procedure , the
principle behind Order I Rule 1 enabling more than one person to
join
Civil Procedure and thereby
makes a significant departure from the Code. After Order 13
of the Code, Order ... Rules. Venue of the mediation is
provided in Rule 4. Rule 5 stipulates the role of the mediator. Rule 7
lays down the procedure
held as under:
"9. Under Order 47 Rule 1 Code of Civil Procedure , a
judgment may be open to review, inter alia ... exercise its power of review
under Order 47 Rule 1 Code of Civil Procedure . In
exercise of the jurisdiction under Order
Code of Civil Procedure lays down the procedure
for the execution of the decree. Order XXI Rule 1(b) of the Code ... of Civil Procedure and the Code of Criminal
Procedure ‖
(Emphasis Supplied)
14. Section 151 of the Code of Civil Procedure empowers this
under the provisions of 407 of the Code of
Civil Procedure .
CIVIL PROCEDURE CODE
36. Under Section 24 of the Code ... power of transfer conferred under the Code of
Criminal Procedure and the Code of Civil Procedure are expected to be
exercised
order to decide the question as to whether the
jurisdiction of the Civil Court under Section 9 of the Civil
Procedure Code ... Code of Civil Procedure delineates the
jurisdiction of the Civil Court. Section 9 of C.P.C., is reproduced as
CRA 29 of 2011
provide access to justice, this Court relaxed a large
number of procedural Rules qua filing/electronic filing. So much so,
filing without payment of court ... barred by
the principles underlying Order II Rule 2 of the Code of Civil Procedure ,
1908 ( CPC ); (vi) that
