...Section 32, Civil Procedure Code; added the appellant as defendant No. 6, and, in the particular circumstances of the case, I do not...who were parties to those proceedings under Section 278, Civil Procedure Code, in which his rights had been successfully questioned. Subsequently however he added as...defendant the auction purchaser who had not been a party to the proceedings under Section 278, Civil Procedure Code. 3. The Court of first instance apparently...

.... Section 32, Civil Procedure Code, gives the Court power to strike out the name of any defen¬dant who has been improperly joined as a party, but that must be done on or before the first hearing. In...Section 45, Civil Procedure Code, and have ordered the several causes of action to be tried separately; but (unless the parties otherwise agreed, which was not alleged in the present case...Section 46, Civil Procedure Code, to confine the suit to such cause or causes of action as could be conveniently tried together. The District Judge does not appear to have acted...

...Section 32, Civil Procedure Code, since the District Judge does not hold that 2nd defendant has been improperly joined and...to point out that the judge was entirely wrong both in his procedure and in the law which he applied to the case. 3. He should not have heard the appeal piecemeal, but have disposed...of the whole case, and the result of this procedure has been that while the plaintiff's suit as against 2nd defendant has been dismissed with costs there is no decree from which the plaintiff can...

...Limitation Act applies when the court of its own motion acts under Section 32, Civil Procedure Code, and orders that a.... 2. By Section 22 of the Limitation Act it is proved that, " when after the institution of a suit, a new plaintiff or...him a defendant and to relinquish his share of the claim. There is no authority for holding that Section 22 of the...

...jurisdiction under Section 32 of the Code of Civil Procedure not only to issue a non bailable warrant of his arrest but also to attach and sell his property and could have impose a...me that Section 32 of the Code of Civil Procedure is not attracted in the present case, in as much as, it applies only if the subordinate court would have issued a summon for...of justice to reproduce Section 32 of the Code of Civil Procedure also:32. Penalty for default. - The Court may compel the attendance of any person to whom a...

...case may be. It is true that the words in Section 32, Civil Procedure Code and the Court may at any time either upon...the former Civil Procedure Code was in force. The learned Judge from whose decision these appeals have been filed interfered under Section 115 and set aside the order of the Subordinate Judge of...that, therefore, Section 92 of the Civil Procedure Code did not govern his suit. That seems to be clear from ground No...

...evidence. 2. The counsel for the petitioner submits that, in such circumstances, the court ought to have followed the procedure laid down in Section 32 of the Code of Civil Procedure before...closing the evidence on the side of the plaintiff. Section 32 of the Code of Civil Procedure, 1908 (CPC), deals with the penalty for default if a person who has been duly summoned does not appear...will be a direction to the court below to proceed further with steps under Section 32 of the CPC for ensuring attendance of the witnesses. For the above purpose, the court below shall consider Exts. P3...

...32 of the said Act, the financial institution is entitled to claim agreed interest. In that case, provision of Section 34 of the Code of Civil Procedure are not attracted. Head Note of the said... of 1951) - Section 32 - Rate of interest payable on the principal amount due under court's order passed under Section 32 - Held, would be as stipulated in the contract - Section 34 C.P.C. not attracted, order under Section 32 being not a 'decree' - Liability to pay contractual rate of interest cannot be disowned merely because of absence of direction for payment of interest in order under Section 32 - Civil Procedure Code, 1908..., 1951 (63 of 1951) - Section 31(1) - Nature of proceedings under. Civil Procedure Code, 1908 - Section 34 and Order 34 Rules 6 and...

...necessary party. The procedure followed by the Judge cannot be reconciled with the policy of Section 32, Civil Procedure Code, as...under Section 244, Civil Procedure Code, the High Court confirmed it on the 21st October 1890. Hence this suit. 2. In his plaint, respondent prayed for a...Section 43, Civil Procedure Code, (3) that the claim is time-barred, and (4) that the debt in question is not binding upon them. The...

.... Therefore, section 32 of the Code of Civil Procedure will apply and this section gives immense power to the assessing authority to compel attendance/appearance of the...assessing authority to secure attendance of the representative of the concerned firm. section 32 of the Code of Civil Procedure empowers to issue warrant of arrest, attach...authority, which is a quasijudicial authority, has failed to exercise the power contained in section 32 of the Code of Civil Procedure. We hope the assessing authority...

...made as one under Section 32 of the Civil Procedure Code; but the suit is one of peculiar character; such suits are...jurisdiction vested in him by law," and might have interfered under Section 622 of the Civil Procedure Code. But we do not think the Judge means to hold that Section 32 is...course of his argument, urged that Section 32 of the Civil Procedure Code did not contemplate the addition of a party...

...Section 32 of the Civil Procedure Code. The words of the section are as follows: "The Court may, on or before the first hearing, upon the application of...

...the point appears to be forthcoming. The present application is made under Section 32 of the Civil Procedure Code, which...

...to make either under Section 27 or Section 32 of the Civil Procedure Code, and the Advocate General signed the...1. This appeal arises out of a suit relating to a public charity and purporting to be brought under Section 539 of the Code of Civil Procedure.... 2. The circumstances under which such a suit can be instituted are indicated in the section : it may be instituted by the Advocate General acting ex officio or by two or more persons having an...

...Act, 1961 and Section 32 of the Code of Civil Procedure, 1908, the present writ petition is disposed of. The petitioner shall be bound by the statement made by his counsel in Court...with regard to the competence or authority of the Assistant Registrar, Cooperative Societies to issue a warrant of arrest under Section 83 of the Punjab State Cooperative Societies...

...01.04.2014. Therefore, the petitioner could not appear before the trial court. On her absence, the trial court under Section 32(c) of Civil Procedure Code imposed a fine of Rs.1,000/- on the petitioner...trial court can impose penalty under Section 32, if the witness failed to appear before the trial court. / 5. In the case on hand, the Tahsildar of the petitioner was...served summons at the instance of the plaintiffs under Order XVI Rule 7-A, therefore, Section 32 of CPC is not attracted as against the petitioner to impose a fine. The trial court ought to have imposed...

...Section 32 of Civil Procedure Code. 3. From the impugned order, it appears that the witness had not appeared and non-bailable warrants were issued against him...the power under Section 32 of C.P.C. by imposing a single day fine upto Rs. 500/-. This exercise Was not com­pleted in the present case, no opportunity of being heard was...Karvaie Kama lazmi haie - Istor gawa par zir dafa 32 zabita diwani kai jurmana mablaga so rupia aaid hota hai -Hasab istidai vakil mudalum gawa rakam jurmana ander panch youm ada Karie - Misal batakarur 19...

...order under Section 32 is not a decree stricto sensu as defined in Section 2(2) of the Code of Civil Procedure, the Financial Corporation could not be said to be a decree-holder. This makes it...claims by the State Financial Corporations. It is by way of a legal fiction that the procedure akin to execution of decrees under the Code of Civil Procedure has been permitted to be invoked. But one...cannot lose sight of the fact that there is no decree or order of a civil court when we are dealing with applications under Section 31 of the Act. The legal fiction at best refers to a procedure to be...

...of section 32 of the Civil Procedure Code would be applicable and under the said provisions the Court may direct a...-section (1) shall, for the purposes of such inquiry, have the same powers as are vested in a Court under the Civil Procedure Code, for trying a suit for enforcing the attendance of any person or examining him on oath and for requiring the discovery and production of documents. The provisions of Civil Procedure Code which provide for detention of a person in civil prison are contained in section 32 and...XVI, Rule 18, Civil Procedure Code which are quoted hereinbelow:“32. Penalty for default. — The Court may compel the attendance of any person to whom a summons has been issued under section 30...