petition was filed by the petitioner under Section 47 of the Civil Procedure Code but the petition had not been entertained and the same ... regular suit as contemplated under Order XX Rule 12 of the Civil Procedure Code but when a preliminary decree is passed in respect
discussion in respect of Order XXXIV Rule 11 of the Code of Civil Procedure relates to the Scheduled Banks and Nationalised Banks ... short, "the Act") either Section 34 of the Code of Civil Procedure ( CPC ) or Order XXXIV Rule
Kingston.
Respondent(s)
PRAYER: This Civil Revision Petition is filed under Section 115 of the
Civil Procedure Code, to set aside the order ... Code of Civil Procedure , 1908 ( in short ' CPC '), dealing with
enlargement of time, provides for a maximum period
batch
1
HON'BLE SRI JUSTICE BANDARU SYAMSUNDER
Civil Revision Petitions ... filed by proposed parties under Order I Rule 10 of Civil
Procedure Code (in short ' CPC ') on the same
this mortgage suit under Order XXXIV of Code of Civil Procedure ,
1908 ( CPC ) for recovery of Rs.7,03,500/- with ... filed this application under Order XXXIV Rule
3(2)&(3) of CPC . Rule 3 of Order XXXIV of CPC
favour of the decree-holder according to the provisions of Order XXXIV CPC .
3. Later ... stood after amending Act 104 of 1976 amending the Code of Civil Procedure , that there is no necessity of filing a separate suit
time fixed in the decree for redemption under Order XXXIV, Civil Procedure Code. This decision seems to have been approved in Nand Kunwar ... strict an interpretation of Rule 7 of Order XXXIV, Civil Procedure Code, to hold that the power to extend the time vested
bank filed the present application u/s 114
r/w Section 151 CPC for review of the aforesaid judgment/decree ... Code, but from which no appeal
has been preferred,
(b) by a decree or order from which no appeal is
allowed by this Code
order, I shall dispose of the application under
Order VII Rule 11 CPC , moved by the defendant no.2.
2. The brief ... India (herein after referred as plaintiff) filed the suit under
Order XXXIV CPC for sale of mortgaged property against M/s
Surindra
file of the III Addl. City Civil
Judge, Bangalore for a decree of redemption of the mortgage of
the suit schedule property sold in public ... documentary
evidence and on the basis of relevant provisions, namely, Civil
Procedure Code, Transfer of Property Act and Indian Trusts
Act granted preliminary decree
