parte under Order XLI, Rule 17 (2) have both been given analogous remedies under Order XLI, Rule 19 and Order XLI, Rule 21 respectively ... exercise, its general power under Rules 30, 32 and 33 of Order XLI. If Order XLI, Rule 17 (1) is interpreted as preventing the Court
XLI of the Code.
Sub‐Rule 3 of Rule 1 and sub‐Rule 5 of Rule 5 of Order XLI were inserted
by Section ... Rule 1 of Order XLI is as provided in Sub‐
rule (5) of Rule 5 of Order XLI which reads as under:
ʺ(5) Notwithstanding
Though Order XLI, Rule 7 of the Code was repealed by
Adaptation Order, 1937, Order XXVII, Rule 8A, inserted by
Adaptation Order, 1937, which covers ... year 1937, Rule 5 of Order XLI had only four
sub-rules. Rule 5(5) of Order XLI was inserted by the Code of Civil
namely, the insertion of sub-rule (3) in Rule 1
and sub-rule (5) in Rule 5 of Order XLI were duly enacted and stood ... rule (3) of Rule 5 of Order XLI. As per the provisions of sub-
rule (3) of Rule 5 of Order XLI, the Court
2016 IS FILED UNDER S.96 R/W ORDER XLI
RULE 1 OF CPC ., AGAINST THE JUDGMENT AND DECREE DATED
15.02.2016 PASSED ... 2016 IS FILED UNDER S.96 R/W ORDER XLI
RULE 1 OF CPC ., AGAINST THE JUDGMENT AND DECREE DATED
15.02.2016 PASSED
inserted
sub-rule (3) in Rule 1 of Order XLI of the Code, which is to be in the
following effect:
"(3) Where ... Order 41 CPC ."
10. We may, however, notice that although the provisions of sub-rule (3)
of Rule 1 of Order XLI have been
Rule 5 (5) of the C.P.C . In
paragraph 9, it was observed that the exercise of power under Order
XLI, Rule 1 ... application under Order XLI, Rule 5 of C.P.C . for stay and absence of
any order under Order XLI, Rule 1(3) is bound
appeal as it is an order passed under Order XLI, Rule 5 and not one under Order XLI, Rule 1(3). After considering the rival ... provision in Order XLI, Rule 5(5) was unnecessary. It, therefore, follows that the provision contained in Order XLI, Rule 1(3) is not mandatory
Aravind, Advocate)
This ITA Crob filed U/O.XLII, Rule 1 R/w Order
XLI Rule 22 of CPC , arising out of order dated ... Aravind, Advocate)
This ITA Crob filed U/O.XLII, Rule 1 R/w Order
XLI Rule 22 of CPC , arising out of order dated
propose to deal with the question at some length.
(6) Order Xli Rule 1(1) of the Code requires that every appeal shall be preferred ... Order Xli of the Code. However, it is based on the requirement of Rule 2(a) of the Punjab High Court Rules and Order because
