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...provisions of Order 39 Rule 1 and 2. 6. It is necessary to examine the provisions of Section 94 to conclude as to whether the relief provided under the provisions of...Section 94(c) of CPC read with Section 151 and that the order passed under Section 94(c) is only a revisable order and it is not an appealable order. He would also plac...arrived at by the appellate court is not based on any legal grounds and that the appellate court on an erroneous appreciation of the provisions of Section 94 has been pleased to hold that the invoking...
...Sections 94 and 149 C.P.C relied upon by the learned counsel for the respondents. Section 94 occurs in PART VI of the Code and the heading is SUPPLEMENTAL PROCEEDINGS. ...to be under Section 94 read with Section 151. Code of Civil Procedure. In the application the plaintiffs admitted receipt of a ‘small sum’ towards interim relief from the...be exercised not in routine but in cases of exceptional nature.6. On the other hand the learned counsel for the respondents (plaintiffs) relied on Section 94(e) and...
.... Moreover, under Section 94 of the Civil Procedure Code, the Courts have the power to pass orders to prevent the ends of justice being defeated in ...94 reads as follows:—“94. Supplementary proceedings:- In order to prevent the ends of justice from being defeated the Court...PRAYER: Original Side Appeal filed under Order XXXVI Rule 11 of Original Side Rules read with Section 13 of the Commercial Courts, Commercial Division and...
..., C.P.C relied upon by the learned counsel for the respondents. Section 94 occurs in PART VI of the Code and the heading is SUPPLEMENTAL PROCEEDINGS. Section 94 starts with the words -...purports to be under Section 94 read with Section 151, Code of Civil Procedure. In the application the plaintiffs admitted receipt of a ‘small sum’ towards interim relief from the...Section 94(e) and Section 149 of the C.P.C to urge that the Court had the power to grant exemption in such matters and, therefore, the discretion was validly exercised in favour of the plaintiffs...
..., (1882) 2 AWN 186). Part III CPC deals with incidental proceedings like power of the court to issue commission, letter of request, etc. Part VI CPC deals with supplemental proceedings which cover Section ...so prescribed” in Section 94 CPC is to prescribe the circumstances in which courts can exercise or grant a particular relief and ordinarily the court is not to use its inherent powers to make the...have to ascertain whether the facts of the case fall under Order 39. That it is in the incidence of exercise of power of the court to issue temporary injunction that Section 94 has a role to play and...
...supplemental proceedings contained in Section 94 of the Code of Civil Procedure. An express order must be passed while giving effect to the supplemental proceedings which is additional to the inci...Procedure, thus, the court could have taken recourse only thereto, thus, its power under Section 151 of the Code of Civil Procedure could not be taken recourse to...in one of the suits or the other, having regard to Section 20 of the Specific Relief Act, 1963. By reason of a compromise or otherwise, the claim of the appellant could not have been defeated. When a...
...disclosed in the main proceeding. Supplemental and incidental proceedings are not part of the main proceeding. They are dealt with separately in the Code of Civil Procedure itself. Section 94 of the Code of Civil P..., 1899 which was bodily lifted in enacting Section 34 of the 1940 Act, in the following terms:“4. Power to stay proceedings where there is a submission.—If any party to a...the proceedings.”12. Section 34 of the 1940 Act reads as under:“34. Power to stay legal proceedings where there is an...
...Supplemental proceedings are provided under Part VI of the Civil P.C Heading of Part VI of the Civil P.C is “Supplemental Proceedings” and Section 94 Cl. (c) provides as follows:—“...):— grant of a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;”.This Section 94 has...the aforesaid agreement.2. During the pendency of the suit, Plaintiff made an application for temporary injunction under O. 39, Rr. 1 and 2 read with Section 151 of the Civil P.C for an...
...of the main proceeding. They are dealt with separately in the Code of Civil Procedure itself. Section 94 of the Code of Civil Procedure deals with supplemental proceedings. Incidental proceedings are...purpose of opposing a prayer for injunction would not necessarily mean that substance of the dispute has already been disclosed in the main proceeding. Supplemental and incidental proceedings are not part...the Act and the provisions of the section clearly indicate that the application thereunder should be made at the earliest. Obviously, a party who willingly participates in the proceedings in the suit...
...distinction between an incidental proceeding and a supplemental proceeding. An order of injunction can be passed in terms of the provisions of the supplemental proceedings contained in section 94 of...reference, falls under Section 94(c) and Order 39 Rules 1 and 2 of the Code of Civil Procedure only.24. Let us examine Section 94 and Order 39 Rules 1 and 2 of the Civil Procedure Code, as they a...94. We further noticed that a separate chapter, Chapter VI under the heading “Supplemental Proceedings” is set out in the Civil Procedure Code and Section 94 & 95 alone are the provisions...
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...contra, the learned Senior Counsel appearing for the respondents would submit that both section 94 and 151 of the Code of Civil Procedure confer ample power on the Trial Court to grant relief to meet the ...prescription under the provisions of the Code of Civil Procedure, supplemental proceedings under section 94 of the Code of Civil Procedure cannot be invoked in the guise of...that neither section 94 nor section 151 of the Code of Civil Procedure confers any power on the Trial Court to grant interim injunction when a petition is presented under...
...Section 151 C.P.C. read with Section 94 (e) C.P.C.
(7) Section 94 C.P.C. reads as under:- ?94. Supplemental proceedings:- In order to...interlocutory orders as may appear to the Court to be just and convenient.?
(8) From the perusal of Section 94(e) C.P.C., I have absolutely no doubt in my mind...Section 18 of the Act if interim maintenance is not granted invoking Section 94(e) C.P.C. read with Section 151 C.P.C. then it would be very harsh for the wife and she may...
...file a revision petition. However, the Court has indicated that though Section 94 C.P.C. provides for supplemental proceedings in a civil suit and in this provision, the general powers of the Court in...(r) of the Code of Civil Procedure. In response, in the first place, the learned counsel for the petitioner has attempted to argue that it had been an application under Section 94 (c) of the Code of...revision petition under Section 115 of the Code of Civil Procedure ('CPC') seeking to question the order dated 17.12.2015 passed by the learned trial court in disposal of the said application. Having...
...94 (a) provides the power of the court with regard to supplemental proceedings. It postulates that in order to prevent the ends of justice from being defeated, the court may if it is so prescribed...are compulsorily registerable they are now seeking to reopen and to got thoss bonds registered. Those applications were dismissed by the lower court holding that the applications do not lie. Section...make such other interlocutory orders as may appear to the court to be just and convenient. Section 151 c. P. C. Also inheres in the court the power to make such orders as may be necessary for the ends of...
.... Section 94 under Part-VI of the Code dealing with supplementary proceedings, sets out the nature of order that a Court may pass in order to prevent justice being defeated and it reads as under:“...submitted that Section 94 of CPC r/w Order XXXIX Rules 1 and 2 of CPC confers power on the Civil Court to grant an order of temporary injunction. While the defendant in a suit is....”10. Clause (c) of Section 94 of the Code states that a Court may grant a temporary injunction there under, only “if it is so prescribed”. Section 2(16) of the Code...
...either side and perused the material documents available on record.7. It is true that the petitioner has moved this petition under Section 94 ad 151 C.P.C to punish the respondent for conte...petitioner is the defendant in the suit who filed an application under Section 94) read with Section 151 Cr.P.C praying to punish the respondent/plaintiff for contempt of Court...that if there is any violation or disobedience as alleged by the petitioner, he can work out his remedy by way of execution proceedings and that the Court below has no power to punish the respondent...
...termed to be in the nature of supplemental proceedings contemplated under Section 94 of the Code which are always taken in aid of final adjudication of a matter. Even sub-section (1) of Section 37...to Order XXXIX of the Code which governs grant of temporary injunction read with Section 94(c) of the Code which deals with supplemental proceedings. Hence the power of the Court to pass the impugned...object of this provision is too well known to require any mention here. The opening words of Section 9 read “a party may, before or during arbitral proceedings or at any time after the making of the...
...the provisions of Section 94 CPC, Section 151 CPC and also Order XXXIX Rules 1 and 2 CPC, which read as under:
Section 94 CPC:
...passed under Order XXXIX Rules 1 and 2 CPC till the suit is restored to file.
Now, coming to the provisions of Sections 94 and 151 of CPC, more particularly, Section 94(c) of CPC, which reads ...
Section 151 CPC:
151. Saving of inherent powers of Court:- Nothing in this Code shall be deem...
...-rule (1) of this rule, such attachment shall be void.”Section 94 of the Code of Civil Procedure reads thus:“94. Supplemental proceedings.- In order to prevent...provisions of Section 94 of the Code of Civil Procedure and Section 151 of the Code. Section 94 of the Code makes provisions with regard to supplemental ...Summons has been filed is that the Petitioners have initiated reference proceedings before the Arbitrator under Section 84 of the Multi-State Co-operative Societies Act, 2002 (hereinafter referred to as...