Code of Civil Procedure , 1908 (V of 1908) has been amended, in
its application to the State of Maharashtra, by the Code of Civil
Procedure ... Civil Procedure (Maharashtra Amendment) (Amendment) Act, 2018 ”
(the 2nd Amendment Act). Section 2 of Act reads as follows:
“2. In section 3 of the Code
Section 47 CPC by
CPC (Amendment) Act 1976.
Civil Procedure Code 1908: Application for delivery of
possession cannot be equated ... inserted in the Code of Civil Proce-
dure, by Section 20 of
356
the Code of Civil Procedure (Amendment) Act, 1974 , Article
136 prescribing
Code of Civil Procedure , 1908, ss. 2(5), 2(12), 20, 38, 39,
40 48- Code of Civil Procedure (Amendment ... Code'.
It was' next contended that in view of S. 20 cl. (b) of 'the
Code' of Civil Procedure (Amendment
year 1976, the Code of Civil Procedure 1908 was
extensively amended by the Code of Civil Procedure (Amendment) Act, 1976.
Section 97 of the Amendment ... Section 9-A was added to the Civil Procedure Code by Code of Civil
Procedure (Maharashtra Amendment) Act, 1977 . As per the amended provision
Section 100 of the Code of Civil
Procedure as it existed before the Code of Civil Procedure (Amendment) Act,
1976, which amended Section ... Code of Civil Procedure .
26. Thus, Kulwant Kaur’s decision on the application of Section 97(1) of
the Code of Civil Procedure Amendment
other
proceedings instituted before the
commencement of the Code of Civil Procedure
(Orissa Amendment) Act, 1991 may call for the
15
record of any case ... amendment made (Orissa
Amendment) is extracted as under:
“Amendment of Section 115 . In the Code of
Civil Procedure , 1908 (5 of 1908), for Section
Code of Civil Procedure (for short "the Code"), which was
marked as IA 9 of 2006, seeking amendment to the written statement ... substantially amended by
the CPC (Amendment) Act, 2002 .
43. Under the proviso no application for
amendment shall be allowed after the trial
writ petition in the High court stating that after CPC
amendment by Act 46 of 1999 w.e.f. 1 July, 2002, remedy ... Bench considered the question of the impact of CPC amendment on power and
jurisdiction of the High Court to entertain a writ
omitted by the CIVIL PROCEDURE
CODE (AMENDMENT ACT) 1999
Section 16 of the Amendment Act reads as follows:
"16. Amendment of Order ... substantially amended by the CPC
(Amendment) Act, 2002 .
Under the proviso no application for amendment shall be
allowed after the trial has commenced
well-settled position of law under
the unamended CPC .
CPC Amendment of 1976 has not materially or substantially altered ... remains so post amendment too. In the type of
cases (ii) and (iii) pre-amendment CPC did not entitle nor permit the
respondent
