CiteTEXT
...order, the appellate Court has also recorded that against the order passed under Order 21 Rule 95, appeal cannot be preferred under Order 43 and for th...Prayer in CRP.SR(MD) No. 5950 of 2015: Petition filed the under Section 115 CPC, against the fair and decreetal order passed in E.P No. 84 of 2006 in O.S No. 777 of 1979 on the file of the...Section 5 of the Limitation Act, to condone the delay of 1150 days in filing the civil revision petition.The Order of the Court was delivered b...
...confirming the sale. If the application made is allowed, then the Court has to make an order setting aside the sale. When no application is made under Order 21, Rule 90, there is no ques...against the order dated 11th February 1966 of the District Judge refusing to restore the judgment-debtors' applications under Order 21, Rule 90 and Section 47 which had...against an order of the executing Court dismissing an application filed by the judgment-debtor for restoration of his application under Order 21, Rule 90 dismissed earlier for...
...Order 21, Civil P.C is that the main Application referred to in sub-rule (1) of Rule 104 of Order 21, Civil P.C, is an Appealable order. Undoubtedly a...Devi, AIR 1966 All. 188 (Vol. 53, C57):“Civil P.C (5 of 1908), Order 21, Rule 90, ...Order 21, Rule 92(2) or an order refusing to set aside a sale as a consequence of which the sale is confirmed and the sale c\becomes absolute under Order ...
...Order 21, Rule 90 for default, but in view of the trend of decisions of our Court cited above we are inclined to adhere to the view that an appeal does lie under Order...Order 21, Rule 90 would for all practical purposes, be useless. While it is true that in form a remedy was available against the order dismissing the application under ...appeal lies under Order 43, Rule 1 (j) from an order dismissing an application under Rule 90 of Order 21 on the ground of default. ...
...Order 21/07/2017 This Civil misc. appeal has been filed under Order 43 Rule 1 C.P.C. against the order dated 21.12.2002 p...in the proper court under Sub-rule 1 of Rule 10 of Order 7 C.P.C. Learned counsel for the appellant has argued that the learned trial court has seriously...Additional District Judge Gangapur City in Civil Suit No. 12/1998 whereby the issue no.5-D has been decided against the plaintiff and consequently the suit has been ordered to be returned to be filed...
...RULE 1 OF CPC AGAINST THE
ORDER DATED 25.9.2014 PASSED ON I.A.NO.21 IN
O.S.NO.44/2011 ON THE FILE OF THE SENIOR CIVI JUDGE, JMFC, VIRAJPET, DISMISSING I.A.NO.21...
VIRAJPET TALUK
SOUTH KODAGU … RESPONDENTS
1
THIS MFA IS FILED U/O 43...FILED U/O 39 RULE 1 &
2 OF CPC.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
J U D...
...Order 21, Rule 43, and Rules 122 and 123.
32. Chandoo Lal, the present opposite party, obtained a decree against Ramgopal, Sahu Bisheshar Nath and others. He a....
35. The material provision in the Coda of Civil Procedure, as it was enacted by the legislature, is to be found in Order 21, Rule 43. At a subsequent date this...Rules 122 to 124. It is manifest that these rules are to a very great extent in conflict with Order 21, Rule 43, and it is only by inadvertence that when Rules 122 to 124...
...against the order dismissing the application under Order 21, Rule 90 inasmuch as Order 43, Rule 1(j) provides for an appeal against such an ...objection and not by a separate suit. The proviso to Order 21, Rule 58(1) provides for a situation where the Court may not entertain the objection. By virtue of Sub-Rule (5) if...case where an aggrieved person was not a party to the suit. On the other hand Order 21, Rule 58 contemplates a case where a claim is preferred or an objection made to...
...in application under order 21 rule 32 was not maintainable either under section 96 or under order 43 of the Code of Civil Procedure before the District Judge. This revision petit.... K.D Batish, the appeal was not maintainable against the order dated 27.6.2007 either under section 96 or under order 43 of the Code of Civil Procedure. This position of law has not been disputed by Mr...rule 32 of the Code of Civil Procedure against him, which stood rejected.7. It is evident from the order of the learned Senior Sub Judge (Senior Division) that the petitioner...
...
RULE 22 R/W ORDER 43 RULE 1(u) OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 02.02.2015 PASSED IN RA
NO.21/2011 O...43 RULE 1(u) OF CPC,
AGAINST THE JUDGEMENT AND DECREE DATED 2.2.2015
PASSED IN R.A.No.21/2011 ON THE FILE OF SENIOR CIVIL
JUDGE AND JMFC...…RESPONDENTS
(BY SRI. D. NAGARAJ, ADVOCATE FOR R1(1-4) & R2 TO R5)
- 3 -
THIS MSA IS FILED U/ORDER...
...) & R2 TO R5)
- 3 -
THIS MSA IS FILED U/ORDER 43 RULE 1(u) OF CPC,
AGAINST THE JUDGEMENT AND DE..., ADVOCATE)
THIS MSA.CROB IN MSA IS FILED UNDER ORDER XLI
RULE 22 R/W ORDER 43 RULE 1(u) OF CPC., AGAINST THE
...
...debtor to deposit the amount as above, and thereafter issue warrant of attachment against the J.D under Order 21, Rule 43 for movables and under ...21, Rule 54 for immovables to proceed further for necessary action towards recovery of suit claim.7. The parties and Advocates appeared in this darkhast shall enter their...by the impugned order dated 30-6-2001.3. The decree dated 4-1-2001 was to the effect that the defendant-firm represented by the defendant Nos. 3 to 8 were jointly and severally liable...
...other provision of law. Mr. R. Goplaswamy Iyengar contended, as I pointed out already, that the order appealed against is an order passed under O. 21, rule 92, Civil Procedure Code,..., learned Counsel for the appellant contended that the appeal lies under the provisions of O. 43, since the order appealed against is one under O. 21, R. 92, Civil Procedure Code. Learned Counsel...provisions of Order 21, rule 90 of the Civil Procedure Code. On 9th January, 1962, the Court passed an Order directing the responde...
.../defendants sought of review application under Order 43 Rule 2 and Order 41 Rule 21 read with Section
151 CPC on the ground that they were not served before the appellate...order dated 09.10.2018. An appeal was preferred and the same was allowed vide order dated 23.04.2019 and temporary injunction granted.
3. Against the said order, respondents...on for admission this day, the Court passed the following:
ORDER
The instant petition, under Article 227 of the Constitution...
.... 352 of 1965, the petitioner preferred an appeal under Order 43, rule 1(j), which provides for an appeal against “an order under Rule 72 or ...of the District Munsif dated 14-7-1965 could be said to be a decree within the meaning of Section 2(2) of the CPC.5. It is an order on an application under Order 21, Rule 90...the question arises from the fact that by P. Dis. No. 397 of 1945, Rules 104 and 105 were added in Order 21 for restoration of the petition dismissed for default, and a further provision, ...
...)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
ORDER 43 RULE 1(d) OF CPC, AGAINST THE JUDGMENT AND
...on the file of the XX Additional Chief Metropolitan Magistrate, Bengaluru City (for short, 'the civil Court'), is unsuccessful in his application under Order IX Rule 13 of the Code of...Civil Procedure, 1908 (for short, 'CPC') for restoration of the aforesaid suit. The petitioner's application under Order IX Rule 13 of CPC is rejected in Miscellaneous Case No.246/2017 by the...
...per Order 21 Rule 103 of the Code of Civil Procedure. Since the said order amounts to deemed decree, regular appeal will not lie, but a miscellaneous appeal will lie against such...Appeal Court refused to admit the said appeal by holding, inter alia that no appeal lies against such an order under Order 43 of the Code of Civil Procedure. Accordingly, the...laid down in different provisions of Order 21 of Civil Procedure Code starting from Order 21 Rule 97 to Order 21 Rule 106 of the Code of Civil Procedure ...
...passed in virtue of powers conferred upon the trial Court by Section 47 of the CPC. The other provision of the Code against which an appeal could possibly lie is Order 43, Rule 1 which pr...the draft of the document or of an endorsement and clause(j) provides for an appeal against an order under Rule 72 or Rule 92 of Order 21 setting aside and/or refusing t...Order 21, Rule 72 or under Order 21, Rule 92. Therefore, there was no right to appeal under provisions of Order ...
..., learned counsel for the respondent submits that appeal is not maintainable against an order passed under Order 21 Rule 32 CPC and neither Misc. Appeal could had been preferred under Order .... clearly lays down as to how a decree for injunction can be executed. Order 21 Rule
32 C.P.C says that where a decree for injunction is passed and where the party against...defendant No.1 but rejected the counter-claim filed by defendant No.2 and 3. The petitioner/counter-claim decree holder/defendant No.l then filed an application under Order 21 Rule 11 CPC for execution of...
...sub-rule (1) of Rule 104 of Order 21, Civil P.C is an appealable order. Undoubtedly an order of dismissal of an application under Order .... AIR 1975 Madras 36. considering the question of maintain...required for an appeal being preferred against a rejection of an application under sub-rule (1) of Rule 105 of Order 21. Civil P.C is that the main application referred to in...