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...terms of sub-rule (3) of Rule 106 of Order 21 of the Code of Civil Procedure a restoration application is required to be filed within 30 days from the date of passing of the order and not thereaft...by Central Act 56 of 1974. It is stated under that section that the Indian Limitation Act, 1908 is hereby repealed. Therefore, after 1-1-1964, sub-rule (4) of Rule 105 of Order ...dispute that the Kerala Amendment providing for application of Section 5 of the Limitation Act in Order 21 Rule 105 of the Code became inapplicable after coming into force of the ...
...Section 5 of the Limitation Act and the provisions of Order 21 Rule 106 C.P.C., the lower Court found that Section 5 of ...138 days is maintainable and that the lower Court ought to have seen that the application under Section 5 of the Limitation Act is maintainable in view of the settled law as it has been held by this...Sub-rule (3) of Rule 106 of Order XXI, is, in any way, inconsistent with the amendments introduced either in 1976 or in 1999 or even in 2002. So long as the proviso under Sub-rule (3) is not shown to be...
...should be filed in terms of the Order 21 Rule 106(3) of CPC within a period of thirty days from the date of the order. Admittedly, in the present case application for restoration...Section 5 of the Limitation Act cannot be invoked as regards proceedings under Order 21 of the ...Section 5 of the Limitation Act is not applicable to such proceedings and hence, the order passed in Miscellaneous Petiti...
.... Order 21 rule 106 by omission of sub - rule (4) of rule 105 indicates that section 5 of the limitation act is not applicable. The p...21, rule 106, analogous to order 21, rule 105 should be considered as without previous amendment and consequently section 5 of the limitation .... I am, therefore, of the view that though reference to section 5 of the limitation act is inapt, an application to condone the delay could be filed under order 21, ...
.... K. Saraswathi, 1987 (1) ALT 37 (Notes on recent cases) it is held that Section 5 of the Limitation Act ...of the Amending Act. In view of this Order 21, Rule 106 analagous to Order 21, Rule 105 should be considered as without previous amendment and...of Section 5 of the Limitation Act could be pressed into service in spite of categorical exclusion of Order XXI, C.P.C from the applicability of the said provisions of the Act.2...
.... Saraswati, 1987 (1) ALT 37 (NRC), wherein it was held as under:
"Section 5 of the Limitation ...filed, and by necessary implication the applicability of Section 5 of the Limitation Act cannot be extended. Accordingly, the exec...excludes the carry forward of amendment under the old Code if they are inconsistent with the new Code. Order 21, Rule 106 by omission of Sub-rule (4) of Rule 105 indicates that ...
...section 32 of the Limitation Act before it was repealed by Central Act LVI of 1974. It is stated under that ...section 5 of the Limitation Act is not applicable to the execution proceedings under Order 21 CPC and the impugn.... Section 5 of the present Limitation Act, 1963, states that any appeal or any application under any of the provi...
...sub-rule (4) of Rule 106 of Order 21 of C.P.C the provisions of Section 5 of the Limitation Act, 1963, are applicable to the execution proceed...106 (3), the applicant can file an application to condone the delay invoking Section 5 of the Limitation Act....spite of bar under Section 5 of the Limitation Act regarding its applicability to execution proceedings under Order ...
...petition has been dismissed in default, may file restoration application. Order 21 Rule 106(3) CPC further provides that restoration application under Sub rule...be applicable to any application moved under any provision of Order 21 CPC. Consequently, Section 5 of the Limitation Act is not applicable to the restoration applicatio...the delay, whereas Section 5 of the Limitation Act is not applicable to such restoration application moved under ...
.... 20 of 1981 pending on its file on the same day. Thereafter, the revision petitioner filed a petition under Order 21 Rule 106 of the Code of Civil Procedure (hereinafter referred to as '...that Section 5 of the Limitation Act has no application to the proceedings under Order 21 C.P....Section 5 of the Limitation Act is not maintainable. The executing Court stated in its order that sub-...
...Section 5 of the Limitation Act and E.A No. 295/2005 under Order 21 Rule 106 ...under Order 21 Rule 106(3) CPC to set aside an order passed under Rule 105(2) CPC. Application under Section 5 of Limitation...excluded. The lower appellate court also held that since Section 5 of the Limitation Act is not applicable to proceedings...
...MCOP No.29/2000, wherein and whereby, the application filed by the petitioner herein under Section 5 of the Limitation Act, 1863 to.... Thereafter, the petitioner herein filed an application under Section 5 of the Limitation Act to condone the delay of 274 days in ...Section 5 of the Limitation Act, 1863 is not applicable to the proceedings under Order 21 ...
...filing the Application seeking to set aside the ex parte order. The Petitioner filed the said Application under Section 5 of the ...Damodaran Pillai and held that notwithstanding the repealing provisions contained in 1999 and 2002 Amendments to the Code of Civil Procedure, Rule 106(4) of Order 21, inserted by the Hig...mandate contained in the parliamentary enactment of 1963 (Section 5 of the Limitation Act), the High Court Amendment to Order 21, Rule 105(4) became otiose and ...
...Civil Judge Junior Division, Jabalpur, in MJC No.706/2020 whereby applications for restoration filed under Order 21 Rule 106 read with Section 151 CPC, and for condonation of delay under ...of execution case, application under Order 21 Rule 106 read with Section 151 CPC accompanying with an application under Section 5 of the Limitation Act seekingcondonatio...under Order 21 Rule 106 CPC was filed, but no separate affidavit in support of the application under Section 151 CPC was filed. He also submits that in the aforesaid circumstances delay of 969 days...
...the application under Section 151 of C.P.C is not maintainable. The order passed by the Executing court being one under Order 21 Rule 105(2) of C.P.C and application for restoration has to be made under ...cannot be under Sub-rule 1 of Rule 106 of Order 21. If the application is not one under Sub-rule 1 Rule 106 of Order 21, the limitation provided under ...to an application under Order 21 Rule 106 of C.P.C. Therefore, the application for restoration of the execution petition itself is not maintainable. The Trial Court accepted the defence and also...
...section 5 of the Limitation Act, which was allowed on 19.01.2015 Now, the petition under Order ...the petitioner's lands were acquired by the respondents 1 and 2 under the Land Acquisition Act and an award was...passed by the Land Acquisition Tashildar on 10.01.2000 and under section 18 reference, the Sub Judge, Dhamapuri has passed an award on 10.04.2007 The award was confirmed by the High Court in A.S No. 581 of...
...executing Court dismissed the said miscellaneous application No.99 of 2010 (filed on 2.11.2010) vide order dated 31.12.2011 on the ground that in view of Section 5 of the Limitation Act a...would contend that the learned executing Court has committed error in construing the provision under Order-21 Rule- 105, Order-21 Rule-106 and Section ...defendants also contended that in view of the provision under Order-21 Rule-105, Order-21 Rule-106 of the Code r.w. Section 5 of the ...
.../DHr.
8. Learned counsel for the petitioner contended that the petition filed under Order 21 Rule 26 CPC may be kept in abeyance for the time being but there is no legality in not numbering th...which the petitions under Section 5 of the Limitation Act and Order 21, Rule 106 CPC were returned is ex facia unsustainable. If there is any other objection, as to their maintai...represented along with petition filed under Section 5 of the Limitation Act seeking condonation of delay of 1551 days in filing the petition to set aside the ex parte order in the execution petition. Meanw...
...Senior Counsel, one month outer limit is prescribed under Order 21 Rule 106 C.P.C Under the said provision, any application filed beyond one month cannot be entertained. He would further ...Counsel for the respondent on the legal position. It is true that Order 21 Rule 106 C.P.C, prescribes one month outer limit for entertaining an application to set aside an ex parte ...ground that E.A No. 52 of 2014 to condone the delay of 574 days to set aside the ex parte order cannot be maintained, in view of Order 21 Rule 106 of C.P.C,14. According to the learned...
...178. At page 179, the Division Bench has observed: —“Section 5 of the Limitation Act, 1963, is not appl...Limitation Act says that the Indian Limitation Act, 1908 is hereby repealed. The new Limitation Act was brought into force by Act 36 of 1963. This asp...made under Order 21, Rule 105 C.P.C as held by the Andhra Pradesh High Court in Mupparaju Sreeramulu v. Pidikiti Kotiah 1980 1 An. W.R 174.”11. Therefore, it is we...