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...Section 32, Civil Procedure Code; added the appellant as defendant No. 6, and, in the particular circumstances of the case...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...Section 45, Civil Procedure Code, and have ordered the several causes of action to be tried separately; but (unless the parties oth...Section 46, Civil Procedure Code, to confine the suit to such cause or causes of action as could be conveniently tried together. Th...
...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...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 who...
...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...
...Counsel submitted that section 9A of the Code of Civil Procedure, pursuant to which the application made by respondent No. 8 was decided by the Learned Single Judge, has been repealed by...question of limitation could be tried as a preliminary issue under section 9A of the Code of Civil Procedure, 1908. The learned Single Judge did not allow the appellants to...-3-2005, a preliminary issue of jurisdiction under section 9A of the Code of Civil Procedure was framed on the application of Original Defendant No. 8. On 20-1-2006, an...
...necessary party. The procedure followed by the Judge cannot be reconciled with the policy of Section 32, Civil Procedure ...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. Th...
.... 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 ...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 appea...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...
...SCR 696 this Court noticed that an 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 sa...contains special provisions for enforcement of 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...
...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 o...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 96 of Code of Civil
Procedure, 1908 pending in the court of District Judge,
Mathura.
No statistics has been placed before this Court regarding other
pending appeal before the court...petitioners
and perused the record.
By means of this petition filed under Article 227 of the
Constitution, the petitioner wants expeditious disposal of Civil
Appeal No.- 32 of 2022 filed under...
...before us for resolving following issue:—Whether section 9A of the Code of Civil Procedure, 1908 (hereinafter referred to as Civil Procedure Code)...section 9A of Civil Procedure Code as applicable to State of Maharashtra stands repealed by section 32 of the Code of Civil ...jurisdiction.”7. As it is to be decided whether the above mentioned provision stands repealed by Section 32 and 16 of the Amendment Act of 1999 and Amendment Act of 2002 respectively, it is w...