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...about the schedule of the property. As far as the execution of the decretal order passed in rent control proceedings, the procedure contemplated under Section 18 CPC would be applicable. As per Section 51...by the Revision Petitioner against the order passed in the application filed by the petitioner under Section 47 CPC, seeking to dismiss the execution petition in E.P.No.44 of 2018, which has been...provision mentioned by the learned counsel for the petitioner under Section 51(a) and Order 21 Rule 11
(2) (j) CPC will not come to his aid...
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...151 of the Code of Civil Procedure, 1908 (in short “CPC”) for placing on record certain documents and the other under Order 18 Rule 17 read with Section 151 CPC for seeking permission to recall PW 1 for...with Section 151 CPC and another application under Order 7 Rule 14 read with Section 151 CPC? The trial court dismissed both the applications, however, the High Court by the impugned order CM (M) No...being in force) put such questions to him as the court thinks fit.”7.3 Section 151 CPC:“151. Saving of inherent powers of court...
.... Section 18 CPC deals with the place of institution of suit where local limits of jurisdictional Courts are uncertain. Section 19 cpc deals with suits for compensation for wrong done to person or..., sections 16 and 17 of cpc, have no application. Section 18 CPC is to be invoked where the jurisdiction of the Courts is uncertain and so far as the case on hand is concerned, it has no application...present suit for recovery of money on the foot of the promissory note. In this context, the learned Counsel for the petitioner has drawn my attention to section 20 of cpc and submitted that a suit can...
...executing case on 6-4-2010 and the same was registered as J. Miscellaneous No. 18 of 2010 under Section 47 CPC. Upon contested hearing of the J. miscellaneous case, this Court by way of Order No. 18...objection under Section 47 CPC in Miscellaneous Case No. 18 of 2010 was dismissed. Along with the said revision petition, a separate application under Section 5 of the Limitation Act was filed for...pursuing the litigation since 1967 should not be deprived of the fruit of the decree. The executing court further held that the objection under Section 47 CPC challenging the executability of the...
...Collector was designated to be a court subordinate to the High Court under Section 115, Civil Procedure Code (for short “CPC”), Section 5 of the Limitation Act (26 of 1963) stands attracted. Though sub-section (3) ...-1970 and he received the compensation under protest on 29-9-1970. The application for reference under Section 18 was made on 21-1-1971. The Collector rejected the application as being barred by limitation. The High Court in revisio...arisen. Section 5 of the Limitation Act was applied for condonation of the delay in seeking to make a reference under Section 18. It was contended that by operation of sub-section (3) as also applicable to States o...
...of the Code of Civil Procedure is made applicable subject to the provisions, under the Family court Act only and, therefore, Section 18(3) of the Family Court Act, will prevail over Section 39(1) and (4) of CPC....person or property, outside the local limits of its jurisdiction. It is pertinent to note that Section 18(3) of the Family Court Act, is in pari materia with Section 38 of the CPC. Section 18(3) o...be held that Section 18(3) of the Family court Act, which stands in pari materia with Section 38 of CPC is also subject to Section 39(1)(a) and (4) of the CPC and it will not override the negative...
...of the suit, the plaintiffs had issued a notice to the first respondent — State — under Section 80 CPC on February 18, 1969 and Exhibit 2 is a copy of the said notice. However, without waiting for the...maintainable for want of proper notice under Section 80 CPC. This contention was upheld by the trial court which also recorded findings against the plaintiffs on the remaining issues concerning the...appeal on the ground that the plaintiffs' suit was not maintainable inasmuch as due notice under Section 80 CPC had not been given. A second appeal preferred by the appellants to the High Court at Patna...
...benefit therefrom as they might have had from the land in respect whereof such money shall have been deposited or as near thereto as may be.7. On reference under Section 18 and after enquiry made by the Co...enhanced rate of interest as provided in the proviso to Section 34 is similarly provided in the proviso to Section 28 as per Section 18 of the Amendment Act 68 of 1984. Section 53 of the Act makes ...land including the land belonging to the appellants, was published on 5-2-1973. On 9-10-1975, the Collector made his award determining compensation @ Rs 10,080 per acre. On reference under Section 18...
....18. Reliance was placed on Section 89 CPC in support of the argument that the matter should have been referred to arbitration. In our view, Section 89 CPC cannot be resorted...tenants of the disputed flats.7. The High Court by its judgment and order dated 18-9-2001 rejected application under Section 8 of the Act. The Court arrived at the..., the court has to apply its mind to the condition contemplated under Section 89 CPC and even if application under Section 8 of the Act is rejected, the court is required to follow the procedure...
...Petition under Section Order 10 of the CPC, R/w Rule 18 of Contempt Rules praying that in the circumstances stated in the affidavit filed in support of the petition, the..., in the interest of justice.
Petition under Section Order 10 of the CPC, R/w Rule 18 of Contempt Rules praying that in the circumstances stated in the affidavit filed in...directed vide orders dt. 22.04.2021, in the interest of justice.
Petition under Section Order 10 of the CPC, R/w Rule 18 of Contempt Rules praying that in the circumstances...
...7 Rule 11 r/w Section 151 CPC
filed in O.S. No. 171 of 2024 within stipulated period."
3. Learned counsel for petitioners submitted that application No.
18-C under Order 7 Rule 11 r/w Section...direction to Civil Judge (J.D.), Sahar Varanasi to
decide application No. 18-C under Order 7 Rule 11 r/w Section
151 CPC filed in O.S. No. 171 of 2024 in accordance with law,
maximum within a period....
2. Present petition has been filed with following prayer:-
" Issue an order/direction to trial Court to Civil Judge (J.D.), Sahar Varanasi
to decide application No. 18-C under Order...
...case, we think it would be more appropriate to invoke Section 47 CPC.18. Another controversy between the parties is as to the sale consideration of Rs 52,000 (fifty-two...not be deprived of the fruits of decree. Resort can be had to Section 152 or Section 47 CPC depending on the facts and circumstances of each case — which of the two provisions would be more appropriate..., just and convenient to invoke. Being an inadvertent error, not affecting the merits of the case, it may be corrected under Section 152 CPC by the court which passed the decree by supplying the...
...(16) CPC defines the term “prescribed” as prescribed by rules. Further, Section 2(18) CPC defines rules as rules and forms as contained in the First Schedule or made under Section 122 or Section 1...orders issued by the Government or the statutory authorities.18. Section 45 of the 1959 Act provides for appointment and duties of the Executive Officer and relevant part...AIR 1954 SC 282 (hereinafter referred to as “Shirur Mutt case”), the 1951 Act was repealed by the 1959 Act. Section 45 thereof empowers the statutory authorities to...
...this day, the Court made the following:- ORDER The petitioner is before this Court under Section 18 of CPC challenging the judgment and decree dated 16.12.2017 passed by the IX Additional Small Causes...Civil Revision Petition coming on for Admission this day, the Court made the following:- ORDER The petitioner is before this Court under Section 16-12-2017 passed...
...under Order 18 Rule 17A read with Section 151 CPC to recall the order dated 17.6.1991 and to give an opportunity to contest the suit. The learned Single Judge has not...Order 18 Rule 1 and 2 and u/s 151 of CPC seeking permission for the plaintiffs representative to lead further evidence. The XVH Additional Small Causes Judge, Mayo Hall Unit...not helpful. Admittedly, Clause (4) of Order 18 Rule 2, of CPC has been deleted and therefore the respondent-plaintiff cannot take advantage of Laxmin Arayan's case in the...
...Procedure, 1908 (hereinafter referred to as 'CPC') and another under Section 151 of CPC.
Vide application under Order 18 Rule 17 of CPC the...commit any error in rejecting the application under Order 18 Rule 17 of CPC.
Similarly, the application under Section 151 of CPC; whereby, the petitioner...consideration, justify the rejection of application under Section 151 of CPC.
Since there is no jurisdictional error, no interference is caused. Petition fails and is dismissed. No costs.
(SANJAY YA...
..., namely, the substantive provisions of the Code of Civil Procedure. There are two difficulties in accepting this argument. In the first place, Section 2(18) CPC defines “rules” to mean “rules and forms contained in the Fir...powers under Section 148 CPC and grant further extension of 30 days beyond 8-7-2003, that request was declined on the ground that the“request was premature and would be...legislative intendment; the High Court (Original Side) Rules were framed under the delegated rule-making power under Section 129 CPC and they could not override the provisions of the amended Order 8 Rule...
...situated the suit can be filed in any one of those Courts (Section 18 CPC). Suits for compensation or damages for personal injury or to movable properties or other suits can be...the suit in the name of dead person could be rectified either under Section 153, CPC (in the former case) or under Order 1 Rule 10 CPC (in the latter case). The First...suit is filed in violation of any of these sections i.e, Section 16 to 20 of the CPC it would affect the Competency of the Court to try such suit.13. This...
.... 1 to 3. They also stated that the respondent Nos. 1 to 3 could not produce any Land Record Certificate to prove their title over the suit land. Also, no notice under Section 18 CPC was served upon...signed the affidavit on their behalf. He accordingly submits that the same goes to show that the suit is bad for mis-joinder of parties and that it is in violation of Order 6 Rule 14 CPC....18. The evidence of the appellants' witness C. Lalhmingliana is to the effect that the Government of Mizoram constructed the Office of the Administrative Officers, quarters and...