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1 - 7 of 7 (0.28 seconds)Article 227 in Constitution of India [Constitution]
The Code of Civil Procedure, 1908
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Gnanada Sundari Mojumdar vs Chandra Kumar De on 30 March, 1926
7. The counsel for Rajni Kapoor firstly contended that
against an order on an application under Section 144 of the
CPC, an appeal under Section 96 of the CPC lies. Reliance is
placed on Gnanada Sundari Mojumdar Vs. Chandra Kumar
De AIR 1927 Calcutta 285, Sheonandanlal Gurudayal
Shrivastava Vs. Gopal babaji Nafde AIR 1943 Nagpur 172 and
Gopal Laskar Vs. Harihar Mukherjee AIR 1948 Calcutta 37.
It is further contended that even where the application is
nomenclatured as under Section 151 CPC but is filed on the
analogy of jurisdiction under Section 144 of the CPC, even then
an appeal would be maintainable. It is argued that since the
order impugned in this petition under Article 227 of the
Constitution of India is appealable, the petition under Article
227 would not lie.
Section 96 in The Code of Civil Procedure, 1908 [Entire Act]
Gopal Laskar vs Harihar Mukherjee And Ors. on 9 May, 1946
7. The counsel for Rajni Kapoor firstly contended that
against an order on an application under Section 144 of the
CPC, an appeal under Section 96 of the CPC lies. Reliance is
placed on Gnanada Sundari Mojumdar Vs. Chandra Kumar
De AIR 1927 Calcutta 285, Sheonandanlal Gurudayal
Shrivastava Vs. Gopal babaji Nafde AIR 1943 Nagpur 172 and
Gopal Laskar Vs. Harihar Mukherjee AIR 1948 Calcutta 37.
It is further contended that even where the application is
nomenclatured as under Section 151 CPC but is filed on the
analogy of jurisdiction under Section 144 of the CPC, even then
an appeal would be maintainable. It is argued that since the
order impugned in this petition under Article 227 of the
Constitution of India is appealable, the petition under Article
227 would not lie.
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