provisions of Order Vi, Rule 14(a) Sub-rule 5, Order Viii, Rule 10, Order Xi, Rule 21 and Order xxxviii, Rule 5, CPC . Referring ... pass an order for deposit of rent and considering the principles underlying under Order Xii, Rule I and under Order Xxxix, Rule 10, Cpc, held
interlocutory relief under Order XXXIX Rules 1
and 2 CPC .
(xii) As such, all ingredients of Order XXXIX Rule 10 stand
satisfied in the present ... pass appropriate orders for
deposit, ex debito justitiae, under Section 151 , Order XXXIX
Rules 1 and 2 or under Order XXXIX Rule 10
exercise powers under Section 151
CPC where Order XII Rule 6 or Order XXXIX Rule 10
CPC may not be applicable for the purpose ... deposit thereby rendering the provisions of Order XXXIX
Rules 1 & 2 CPC and Order XXXIX Rule 10 CPC otiose. But that is not even
exercise powers under Section 151
CPC where Order XII Rule 6 or Order XXXIX Rule 10
CPC may not be applicable for the purpose ... deposit thereby rendering the provisions of Order XXXIX
Rules 1 & 2 CPC and Order XXXIX Rule 10 CPC otiose. But that is not even
application so filed under Order VI Rule 17 CPC , had also passed
orders on the Application under Order XXXIX Rule 10 CPC filed ... defence of a party for non-compliance of order
under Order XXXIX Rule 10 CPC . On that basis Mr. Suri submits that the
impugned order
under Order VIII Rule 107, Order
XXXIX Rule 108 of the CPC as well as Order XIIIA Rule 29 and
Order XII Rule ... quantum which may be ordered to be deposited.
Thus, in my opinion, in exercise of powers under Rule 10 Order
XXXIX CPC , a tenant
application under Order XXXIX, Rule 1 & 2 CPC and application
under Order XV-A read with Order XXXIX, Rule 10 and Section ... application under Order XXXIX Rule 1 and 2, CPC and application
under Order XV-A read with Order XXXIX, Rule 10 and Section
applications
either under the provisions of Order XXXIX Rules 1 &2 or under Order
XXXIX Rule 10 CPC for direction against the defendant/erstwhile ... struck off for non-compliance of an order under Order
XXXIX Rule 10 of the CPC , even if the erstwhile tenant/defendant inspite
of direction
Augmont Gold Pvt Ltd vs One97 Communication Limited on 27 September, 2021
Author: C. Hari
section 151 of the Code of Civil Procedure read with Order XXXIX, Rule 10, the Court had power to require the tenant to deposit ... under the Presidency Small Cause Rules framed by the Bombay High Court, section 151 and Order XXXIX, Rule 10 are applicable to suits before
