clearly an inconsistency by virtue
of Section 97 of the Amending Act.
42. Section 97 of the Code of Civil Procedure (Amendment) Act,
1976, reads ... Code both the main part of the Code consisting of sections and
the First Schedule to the Code which contains Orders and
Rules. Section 97
that the repealing provision in Section 97(1) is not confined in its operation
to provisions of the Code including the Orders and Rules ... under Sub-Rule (4) of Rule
105 of Order 21 CPC . It is Section 97 of the Amending Act in relation to
repeal and savings
under Sub-Rule (4) of Rule 105 of Order 21 CPC . It is
Section 97 of the Amending Act in relation to repeal and savings ... introduced to Order 21 Rule 105 CPC by Madras Amendment,
1972, has been repealed by virtue of Section 97 of the Amending Act.
10. However
under Sub-Rule (4) of Rule 105 of Order 21 CPC . It
is Section 97 of the Amending Act in relation to repeal and savings ... introduced to Order 21 Rule 105 CPC by Madras Amendment,
1972, has been repealed by virtue of Section 97 of the Amending Act.
11.However
under Sub-Rule (4) of Rule 105 of Order 21 CPC . It
is Section 97 of the Amending Act in relation to repeal and savings ... introduced to Order 21 Rule 105 CPC by Madras Amendment,
1972, has been repealed by virtue of Section 97 of the Amending Act.
11.However
that the repealing provision in Section 97(1) is not confined in its operation
to provisions of the Code including the Orders and Rules ... under Sub-Rule (4) of Rule 105 of Order 21
CPC . It is Section 97 of the Amending Act in relation to repeal and savings
under Sub-Rule (4) of Rule 105 of Order 21 CPC . It
is Section 97 of the Amending Act in relation to repeal and savings ... introduced to Order 21 Rule 105 CPC by Madras Amendment,
1972, has been repealed by virtue of Section 97 of the Amending Act.
11.However
been made over the order passed under Order 21 Rule
97 CPC and Section 151 CPC. The first respondent, who claimed to have
purchased ... filed by
the appellant / fourth defendant under Order 21 Rule 97 CPC and Section 151
CPC. However, the same came to be dismissed. Challenging
tenants took up the application under Section 47 and Order
21 Rule 97 CPC objecting delivery of possession since the decree directed
only symbolic possession
held
that third party cannot maintain application under
Order 21 Rule 97 CPC by claiming himself as an
obstructor.
http://www.judis ... obstructer is not entitled to file application
under Order 21 Rule 97 of CPC . When a person who is in
possession of the property
