Civil Procedure Code.
The Code of Civil Procedure is undoubtedly
not exhaustive: it does not lay down rules for
guidance in respect ... appellants that the
civil court had inherent powers to appoint a
commissioner in exercise of authority under s. 151
Civil Procedure Code for purposes
same powers as are vested in a civil court under Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect ... Order I of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modification that every
suit be stayed under
section 10 of the Code of Civil Procedure. Accepting the
contention, on 20.07.1992, the 1992 suit was ordered ... defendants under Order 10 Rule 2 of the Code of the Civil
6
Procedure (for short, CPC ) and then re-cast
triable
in a civil court, would prima facie not be regarded
as falling within Section 86 Code of Civil Procedure.
... ... ..."
14. The learned ... same
powers as are vested in a Civil Court
under Code of Civil Procedure , 1908 (5 of
1908) while trying a suit in respect
also notice some of the provisions of the
Code of Civil Procedure (Code), which are of relevance herein.
Section 2 (2) defines ... parties in the suit before
the civil court by virtue of explanation VIII to S.
11 Civil Procedure Code . However, the civil court
shall
bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles ... same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit
bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles ... same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit
Procedure and powers of Tribunal.
(1) The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure ... same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect
Code which did not contain an express provision on the lines of Clause (3) of Rule 10 in Order XXVI of the New Code ... interests of justice. This procedure is not only contrary to the express provisions of Order 26, Rule 10(3), Civil P.C., but has been
right..............................................................
.......
He rightly relies upon Order xxvi R. 18, Civil
Procedure Code, and the ruling reported in
Achuthan v. Kunhipathumma (1967 KLT. 326)
wherein ... condition precedent. The provision
contained in Order XXVI Rule 12 C.P.C is "vital".
Strict adherence alone will facilitate speedier,
effective
