subordinate court
provided any of the three clauses under Section 115 Civil
Procedure Code is fulfilled. It appears that relying on the
decision ... they cannot be held to be a civil court as
contemplated under Section 115 Civil Procedure Code or a
Court as defined in Section
Section 153 in The Code of Civil Procedure, 1908
153. General power to amend .-
The Court may, at any time, and on such terms
deposited an
amount of Rs. 1,60,000 in the Court of Civil Judge Senior Division, Kairana
(M. Nagar). Both the amounts deposited ... exercising power under Order 41 Rule 33 of the
CPC and passing a decree for specific performance in favour of the
respondent
civil prison
was issued to the appellants under section 51 and order 21,
rule 37 of the Code of Civil Procedure . On an earlier ... civil prison was issued to the appellants
under s. 51 and o.21, r. 37 of the Civil Procedure Code
admission as provided under Order XII, Rule 6
of the Code of Civil Procedure . The facts leading to the
suit are as follows:
Transorient ... writing a detailed judgment and adverted to various
provisions of Code of Civil Procedure and reference was made
to Order XII Rule
plaintiff dated 08.04.2019
2
under Order XII Rule 6 of Civil Procedure Code,
decreeing the suit filed by the plaintiff for mandatory
and permanent ... that relief under Section 19 was very well
available in Civil Procedure Code. The plea taken by
the respondent in her pleadings
Civil Procedure was Act VIII of
1859. Its section 1 gave jurisdiction to the civil courts
over all suits of a civil nature with ... of Civil Procedure for the trial of
suits over which the civil Court was given jurisdiction
under the provisions of the Code
against the
appellant under Order XII Rule 6 of the Code of Civil Procedure
which is under challenge in this appeal.
2. Vide registered ... tenancy, the provision of Order 7 Rule 7 Code
of Code of Civil Procedure can then be applied
to take notice of subsequent
same kind of litigation. The
technical aspects of section 11 of Civil Procedure Code, as
for instance, pecuniary or subject-wise competence ... judicata is to
be invoked. Even under section 11 of the Civil Procedure
Code the position has been clarified by inserting a new
Explanation
Schedule bringing in amendments brought to the Civil
Procedure Code to deal with the commercial disputes, only to
highlight that the trial ... referred to above and the amendments inserted to Civil
Procedure Code by the Schedule is to ensure speedy resolution of
the commercial disputes
