under Section 148 of the Civil Procedure Code
praying that in case any application under Order 21
Rule 97 CPC is filed ... under
Order 21 Rule 97. We feel that the petition dated
13.3.95 is actually an application under Order 21 Rule
97 CPC . Though
Rule 103 of Order 21, an order passed on adjudication under Rule 98 or Rule 100 of Order 21 of the Code shall have ... provisions of Sub-rule (1) of Rule 35 of Order 21 and Rules 97 to 101, 103 and 104 of Order 21
Order 21 Rule 98 to 100 CPC should be classified as appeals from orders and posted for hearing under Order 41 Rule ... provided in Rule 102 of Order 21 CPC .
20. In this case, an application under Order 21 Rule 97 CPC
interim relief under Order 21 Rule 97 CPC read with Order 39 Rule 1 and 2 CPC is in the name ... 21 Rule 97 CPC is of the same notice which are referred in the application under Order 41 Rule 27 CPC
correct.
The procedure is to be found under Rules 105 and 106 of Order
21 C.P.C . Rule 98 of Order 21 ... found in Rule 100 of Order 21
C.P.C . and not in Rule 98 of Order 21 C.P.C . Thus, all
questions including
scheme of the provision contained under Order 21, Rule 35 and Order 21, Rules 97 and 98, C.P.C . a person in possession ... application under Rule 97 of Order 21 although it is described as an application under Order 21, Rule 35, C.P.C. It would appear
safeguard his rights or to obtain an order in his favour under Order 21 Rule 97 C.P.C . or any other provision ... they are 1) Order 21 Rule 63 and 2) Order 21 Rule 103. After amendment, such suits cannot be entertained. The Order passed under
filed by the judgement debtors appellant herein under Order 21
Rule 97 of CPC , which is essentially required to be considered ... what impact and upto what extent the provisions of Order
21 Rule 97 of CPC , could be stretched to the convenience
orders after adjudicating upon the controversy between the parties as enjoined by Order 21, Rule 97, sub-rule (2) read with Order 21, Rule ... procedure to be followed and question to be determined under Order 21, Rules 98 to 102. A reading of Order 21, Rule 97 CPC
order passed by
the learned Rent Tribunal, Udaipur dated 10th May, 2010
rejecting his objections under Order 21 Rule 97 CPC .
The brief ... 21 Rule 97 CPC are required to be
adjudicated in accordance with the procedure contained under
Rules 98 to 103 of Order 21
