section (2) of
Section 97. Sub-section (3) of Section 97 provides
that save as otherwise provided in sub-section (2)
the provisions ... accrued before such commencement. Sub-
section (3) of Section 97 sets at rest doubts, if any,
by making the code as amended by the Amending
Privy Council was rendered in 1869. According to Section 97 of the Code of 1859, the Court was empowered to allow the withdrawal ... scope of that section in practice. It is especially relevant to observe that in Section 97 of the Code of 1859 there was no reference
Rule 97 CPC ?
(2) Whether Executing Court was
justified in dismissing the
application filed under Order XXI
Rule 97 & 99 CPC by the
objectors ... Court under Order XXI
Rule 97 & 99 CPC read with Section 151 CPC. Rule 97
of Order XXI enables the decree holder to seek
defined under Section 2(2) , the provision of Section 97 read with Order 20, Rule 18, Sub-rules (1) & (2) of CPC contending that ... regarding its correctness, the same would become final in view of Section 97 CPC, as held by the Supreme Court in the case : in which
Sri Adrushya Kadeshwara Swamiji vs The Deputy Commissioner on 25 November, 2025
Author: M.Nagaprasanna
under
Section 38 (3) (b) and (c) of Code and void ab initio.
Consequently, no title passed.
18. It was submitted Section 97 of Code ... also noted that grounds urged herein namely
that Section 97 of Code mandates issuance of notice, holding of
summary enquiry by DC, failure
amendment runs through Section 2 to Section 249 of the
Code. It becomes applicable to Section 94 to Section 187 as
well inter alia. Therefore ... application is filed
under Section 94 or 95, Section 96 kicks in. Section 96 deals
with interim moratorium. Section 96 reads as follows
CPC is
clearly hit by the bar under Section 97 of CPC.
Section 97 of CPC clearly provides that where any
party is aggrieved ... petitioner's application under Section 152
of CPC in final decree proceedings is barred by Section
97 of CPC, as it prohibits challenging
Along with the complaint, she moved an
application under Section 97 of Cr.P.C., supported by her
affidavit. The learned Magistrate by order dated ... Cr.P.C. alleging
: 15 :
commission of offences under Sections 498(A) , 363 , 341 ,
504 and 506 of IPC and Sections
partition after the preliminary decree attained finality in terms
of Section 97 of the Code. It was observed in the said case that ... drawn, which is
subject to an appeal as provided under Section 97 of CPC, no
hardship would be caused to the other side. If prayer
