petitioner/plaintiff under Order XVIII Rule 1 of the
Code of Civil Procedure , 1908 (hereinafter referred to as " the CPC ... that Rules 1
and 2 of Order 18 of the Code of Civil Procedure would
entitle the defendant, who admits the fact
however, pursuant to the
Order 18, Rule 1 of the Code of Civil Procedure , since the
plaintiff has come forward with the suit ... According to the non-
applicant/plaintiff, the said order was in terms of Order 18
Rule 1. Order 18 Rule 1 reads thus
application No. I.A.
18455/2022 under Order XVIII Rule 3A of the Code of Civil Procedure ,
1908 (hereinafter referred to as " CPC ... Above circumstances have necessitated the filing of present
Application under Order XVIII Rule 1 of CPC , 1908 in order
Issue)
1. An application under Order XIV Rule 5 read with Section 151
Code of Civil Procedure,1908 (hereinafter referred to as CPC ... evidence to
dislodge the genuineness of the Will.
8. Order XVIII Rule 1 CPC postulates that the plaintiff has a right
requiring the plaintiff to open her case. Order XVIII, Rule 1, Civil Procedure Code, which is applicable to miscellaneous proceedings through Section ... District Judge says in his preliminary order:
Under Order XXVI, Rule 9, Civil Procedure Code, I resolve to appoint a Commissioner to make
Order VIII, Rule 1A CPC , Order XI Rule 1 CPC as
amended by the Commercial Courts Act , Chapter ... Order XI Rule 15 & 17 CPC , Order XI Rule 3
CPC as amended by the Commercial Courts
petition
being aggrieved by order dated 04.02.2017 by which
application under Order VI Rule 17 of CPC seeking
amendment in the written ... civil suit has already
commenced after framing of the issues and filing of
affidavits. Therefore, proviso to Order VII Rule 17 of CPC
Will. He further contends that correction of a
procedural order is an inherent power and procedural orders may be
corrected by the Court ... affidavit, is in the
nature of a procedural order. Order 16 CPC deals with summoning
and attendance of witnesses, which are procedural
record the statements of the
parties before framing issues under Order XIV, Rule 1 read
with Order X, Rule 2. ...
8. These provisions enable ... been raised in the suit itself, then the Defendant under Order XVIII Rule 1
CPC can be directed to lead evidence
upon the provisions of Order XVIII Rule 1 & 2 of the Code of
Civil Procedure which reads as under:
"1 ... 2017 Page 5 of 9
specifically enumerated under Order XLIII of the Code of
Civil Procedure , 1908 as amended by this Act and
section