application under Order XLI Rule 27 of the
Code of Civil Procedure 1908 (hereinafter called “ CPC ... contents. Without following the procedure
as required under Order XII CPC or admission having not been made
during the course
Order 11 rule 21 of the Code of Civil
Procedure ( C.P.C .) This rule reads thus:
21(1) Non-compliance with order ... handicaps imposed by the Rules can
still appear, under the Civil Procedure Code when the suit
is called on for hearing from
suit be stayed under
section 10 of the Code of Civil Procedure. Accepting the
contention, on 20.07.1992, the 1992 suit was ordered ... defendants under Order 10 Rule 2 of the Code of the Civil
6
Procedure (for short, CPC ) and then
omitted."
The Provision as it exists now after the CIVIL PROCEDURE
CODE (AMENDMENT ACT), 2002
Order VI Rule ... also leading to
boycott of Courts and, therefore, by Civil Procedure Code
(Amendment} Act, 2002, provision has been restored by
recognizing the power
provided under Order XII, Rule 6
of the Code of Civil Procedure . The facts leading to the
suit are as follows:
Transorient Engineering ... detailed judgment and adverted to various
provisions of Code of Civil Procedure and reference was made
to Order XII Rule
Section 30 in The Code of Civil Procedure, 1908
30. Power to order discovery and the like .-
Subject to such conditions and limitations ... reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding
notice some of the provisions of the
Code of Civil Procedure (Code), which are of relevance herein.
Section 2 (2) defines ... suit before
the civil court by virtue of explanation VIII to S.
11 Civil Procedure Code . However, the civil court
shall be free
appellant under Order XII Rule 6 of the Code of Civil Procedure
which is under challenge in this appeal.
2. Vide registered lease ... tenancy, the provision of Order 7 Rule 7 Code
of Code of Civil Procedure can then be applied
to take notice
provided under Order XII, Rule 6
of the Code of Civil Procedure . The facts leading to the
suit are as follows:
Transorient Engineering ... detailed judgment and adverted to various
provisions of Code of Civil Procedure and reference was made
to Order XII Rule
Civil Laws
(Reforms and Amendment) act, 1976 is consistent with the provisions of the
Principal Act as amended by the Central Civil Procedure Code ... Whether Section 97(1) and (3) and of the Central Civil Procedure Code
(Amendment) Act, 1976 are retrospective and the orders passed before
