erecting new building on the premises sought to be demolished. Section 13(3A) provides that :---
"No decree for eviction shall be passed ... section 13 and the provisions of Order 7, Rules 14 and 18, Civil Procedure Code the non production of the documents at the time
Order 32 CPC . has to be read in Order 23, Rule 3A, CPC . so viewed, Order 23, Rule 3A CPC ... CPC.
18. The legal questions raised are determined and replied accordingly.
19. In my view, the Appellate Court's impugned order
Sukhdev Singh And Others vs Mohan Singh And Others on 2 August, 2011
Author: Mehinder
Smt. Prabhawati Tokersi Chheda vs Maharashtra Housing & Area Development ... on 27 February, 2002
Equivalent
whether paragraphs no. 7 to 18 of the election petition comes within the mischief of Order VI, Rule 16 CPC justifying their striking ... pleadings in paras no. 10 to 18 suffer from the vice(s) under Order VI Rule 16 CPC , I find that para
application for
injunction is not dispensed as provided
under Order 39 Rule 3 of the CPC ?
Point No.1:-
17. Though the argument ... Amendment to Section 13 of the Act of 2015. Order 39
Rule 3A of the C.P.C . reads as under:
"3A. Court
interference with
the order impugned herein.
11. Firstly, the right to file an appeal under Order XLIII Rule 1(r) CPC ... take notice of proviso
Page No.# 9/18
to Rule 3 of Order XXXIX of CPC which requires, inter alia, that the Court
trade mark.
10. Indubitably, while dealing with the application under Order VII Rule
11 CPC the Court will look into the averments made ... Rule 1 and Order 1 Rule 3 CPC or
CS(COMM) 866/2016 Page 7 of 18
Order II Rule 3 CPC
rejecting the
plaint in limine; (b) bar of Order XXIII Rule 3A CPC was not attracted; and
(c) finding of absence of fraud ... Lastly, even otherwise, the suit was barred under Order XXIII Rule
3A CPC as also by the principles of res judicata as rightly
friend as per Order XXXII Rule 1 C.P.C . has not been appointed and therefore, as per Order XXXII Rule 2 ... Order VII Rule 11(d) C.P.C . to reject the plaint being barred by provisions of Order XXXII Rule 1 and Rule 2
