Civil Court of original
jurisdiction. Section 16 of the Act reads as follows:
"16. Amendments to the Code of Civil Procedure ... Civil Procedure Code,
1908 (5 of 1908), as amended by this Act, the
provisions of the Code of Civil Procedure
position and application of
Order 12 of the Code of Civil Procedure . The relevant
paragraphs from the judgement reads thus:
"19. Heard ... substituted in place of the
old rule by the Code of Civil Procedure (Amendment)
Act, 1976. The Objects and Reasons for this
amendment
court to serve interrogatories, and
seek production of relevant documents from the opposite
party under Order 11 CPC . On filing ... affidavit, the court
may invoke the provisions of Order 10 CPC or Section 165 of
the Evidence
position and application of
Order 12 of the Code of Civil Procedure . The relevant
paragraphs from the judgement reads thus:
"19. Heard ... substituted in place of the
old rule by the Code of Civil Procedure (Amendment)
Act, 1976. The Objects and Reasons for this
amendment
filed
under Order 11 Rule 5[1] of the Code of Civil Procedure , 1908
as applicable to the commercial Courts [for short ... Form No. 7 in Appendix C to the Code of
Civil Procedure , 1908 (5 of 1908).
(3) Any party or person to whom
admissions. In civil suits, such
power is exercised under Order XII Rule 6 of the Code of Civil Procedure
1908, which reads ... Code, but in Order 12 Rule 6 of the Code, the
word "pleading" has been suffixed by the expression "or otherwise
Rule 21 read with Section 151 of the Code
of Civil Procedure, 1908 (― CPC ‖), seeking dismissal of the suit ... under Order XXI Rule 41(2) of the Code of Civil
Procedure within three weeks. They will also file additional affidavits in
terms
brought under Section 96 read with Order XLI of the
Civil Procedure Code, assails preliminary judgment and decree for recovery
of possession ... Admissions in answer to interrogatories
are also covered under this Rule [See Mullas's commentary on
the Code, 16th Edition, Volume II, page
Applicant /
Plaintiff under Order XII Rule 6 of the Code of Civil Procedure , 1908.
2. Today when the matter is called ... purposes of Order XII Rule
6 of the Code of Civil Procedure , 1908 (" CPC "), the Plaintiff
required in Order 8 Rule 5 of the
Code of Civil Procedure , 1908 [hereinafter, " CPC ... Tribunal from drawing sustenance from the fundamental principles
underlying the Civil Procedure Code or Evidence Act , but free the
Tribunal from being bound
