Virjibun Dass Moolji vs Bissesswar Lal Hargobind And Ors. on 12 May, 1920
Now, the application of Order 37, Rule 4 has not been specifically excluded by the Code itself. Order 49, Rule 3 of the Code does not mention Order 37, Rule 4 among the rules declared not applicable to the
Original Side. The argument is that it follows that it is applicable to the Original Side. For a general application of the provisions in the Code to the Original Side reliance was placed on the decision
in 'Ashutosh v. Sudhangabhushan Mukherjj', (58 Cal 510), which held that Order 21, Rule 89 of the Code applied to a sale under a mortgage in a suit filed on the Original Side of the Calcutta H. C. (Vide
also 'Virjivan Das Moolji v. Biseswar Lal Hargobind", (48 Cal 69)).