impugned
order allowed the Revision and invoking provisions of Order 39 Rule
10 read with section 151 of CPC ordered Defendant ... herein otherwise provided follow the procedure
prescribed by the Code of Civil Procedure , 1908. The provisions of
CPC are therefore made applicable
impugned
order allowed the Revision and invoking provisions of Order 39 Rule
10 read with section 151 of CPC ordered Defendant ... herein otherwise provided follow the procedure
prescribed by the Code of Civil Procedure , 1908. The provisions of
CPC are therefore made applicable
single Judge, that there is no provision in the civil Procedure Code to pass an order directing payment of rent or mesne profits pending decision ... Order XV-A and therefore, it must be held that the order dated 28.2.2002 was passed in exercise of powers under Order XV
very scheme of (Bombay Amendment) Order XV of the
CPC , whereby Order XV-A of the CPC is incorporated, same
empowers ... order impugned
passed by both the Courts below appears to be in tune
with the very requirement Order XV-A Rules 1 and 2 CPC
Code of Civil Procedure and other relevant provisions has made certain amendments to Schedule 1 of the Code of Civil Procedure , 1908 which have come ... passed. Such orders as between a lessor and lessee are now expressly permitted under Order XV-A of the Code of Civil Procedure . By analogy
under section 151 C.P.C read with Order XV-A C.P.C seeking direction to the respondents to deposit royalty amount ... contention of Advocate Shri Lotlikar and the spirit of Order XV-A C.P.C . cannot be extended to a situation alternatively contemplated
filed by the Original Plaintiffs under provisions of Order XV-A of
Code of Civil Procedure , 1908 directing the Petitioners-Defendants to
deposit ... Order
was passed by the Small Causes Court by relying on provisions of Order
XV-A of the Code of Civil Procedure , 1908 (the Code
also draws the attention of this Court
to Order XV-A of the Code of Civil Procedure (' CPC ') as applicable ... CPC . For the sake of
convenience, Order XV-A of the CPC is quoted as under :
" ORDER XV-A
STRIKING
claiming mesne profits and is claiming
interim compensation as per Order XV-A of C.P.C. She also relied upon
the following decisions ... trial Judge should have
proceeded to decide the application under Order XV-A of C.P.C . Order
XV-A reads thus,
" ORDER XV
application dated September 13, 1984 under Order XV-A Rule 1 of the Code of Civil Procedure for directing the respondent to deposit, the arrears ... profits under Order XX, Rule 12 C.P.C ., the Civil Court has no jurisdiction to order the tenant under Section 151
