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Search Results Judgments > Phrase:CODE OF CIVIL PROCEDURE, 1908 Rule 1

Aug 10 1981

Shah Babulal Khimji Vs. Jayaben D. Kania and Anr.

  • Decided on : 10-Aug-1981

Court : Supreme Court of India

Reported in : AIR1981SC1786; 1981(3)SCALE1169; (1981)4SCC8; [1982]1SCR187

... Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'Code of 1908') does not impose any bar on the trial held by the Trial Judge and thus by virtue of these provisions the order impugned (the order of the trial court refusing to appoint Receiver and to grant injunction) falls squarely under clauses (r) and (s) of order 43 Rule 1 of the Code of 1908 ... Code of Civil Procedure, 1908. 33. Thus, this Court has clearly held that the right to appeal against judgments under the Letters Patent was not affected by Section 104(1) of the Code of 1908 and the decision therefore fully supports the argument of Mr. Sorabjee that there is no inconsistency between the Letters Patent jurisdiction and Section 104 read with Order 43 Rule 1 of the Code of 1908 ... 1) of the Code of Civil Procedure, 1908. 33. Thus, this Court has clearly held that the right to appeal against judgments under the Letters Patent was not affected by Section 104(1) of the Code of 1908 and the decision therefore fully supports the argument of Mr. Sorabjee that there is no inconsistency between the Letters Patent jurisdiction and Section 104 read with Order 43 Rule 1 of the Code ... has submitted four important points of law dwelling on the various facts of the question at issue:(1) It was contended that the provisions of Section 104 read with order 43 Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'Code of 1908') does not impose any bar on the trial held by the Trial Judge and thus by ...

Nov 03 1971

S. Iqbal Singh Vs. S. Gurdas Singh Badal and Ors.

  • Decided on : 03-Nov-1971

Court : Punjab and Haryana

Reported in : AIR1973P& H163

... any corrupt practice are made in the petition.' '87. Procedure before the High Court- (1) Subject to the provisions of this Act and of any rules made thereunder, every election petition shall be tries by the High Court, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 to the trial of suits: Provided that the High Court ... (i) Section 87 provides the procedure to be followed in the trial of the election petition and runs thus:-- '87. (1) Subject to the provisions of this Act and of any rules made thereunder, every election petition shall be tired by the High Court, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908, to the trial of suits: ... the date and place of the commission of each such practice; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the verification of pleadings; Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanies by an affidavit in the prescribed form ... for all, material questions between the parties to the suit.' That judgment was based on an interpretation of Section 32 of the Code of Civil Procedure of 1877, which provision corresponds to Order 1, Rule 10(2) of the Code of 1908. The expression which fell for consideration was 'whose presence before the Court may be necessary to enable the Court factually and completely to ...

Sep 18 1996

Sajana Granites, rep. by its Partner, P. Jayaramireddy, Pulivendra (V) ...

  • Decided on : 18-Sep-1996

Court : Andhra Pradesh

Reported in : 1996(3)ALT1059

... under Order 1 Rule 10, Code of Civil Procedure can be converted into an application under Order 22 Rule 10(1) of the Code of Civil Procedure if the requirements of Order 22 Rule 10(1) of the Code of Civil Procedure are satisfied. In that case the Full Bench has opined that an alienee pendente lite can be added as a defendant to the suit under Order 1 Rule 10 of the Code of Civil Procedure ... satisfied.'29.1 have cited this decision of the Full Bench of the Orissa High Court only for a limited purpose that an application filed by an alienee pendente lite under Order 1 Rule 10, Code of Civil Procedure can be converted into an application under Order 22 Rule 10(1) of the Code of Civil Procedure if the requirements of Order 22 Rule 10(1) of the Code of Civil Procedure are satisfied ... a party to the suit under Order 1 Rule 10 of the Code of Civil Procedure and addition of a person as a party to the suit under Order 22 Rule 10(1) of the Code of Civil Procedure. Legal consequences are not similar. If a person is added as a defendant to the suit under Order 1 Rule 10 of the Code of Civil Procedure, he will be entitled to all ... in support of I.A.No. 1298 of 1996 satisfies the requirements of Order 22 Rule 10(l) of the Code of Civil Procedure. Therefore, the application of the respondent made under Order 1 Rule 10, Civil Procedure Code can be converted as the one made under Order 22 Rule 10(1) of the Code of Civil Procedure and if it is so converted, the respondent is entitled to be added ...

Jan 30 1987

The Assistant Commissioner, Hindu Religious and Charitable Endowment a ...

  • Decided on : 30-Jan-1987

Court : Chennai

Reported in : (1988)1MLJ8

... 1, Rule 8, Code of Civil Procedure, there would be no necessity to prove special damage. His Lordship observed that if it is necessary to prove special damage in a suit by private individuals, the necessity is not obviated by bringing the suit under Order 1, Rule 8, Code of Civil Procedure. While dealing with that aspect of the matter, the learned Judge observes that Order 1, Rule 8, Code of Civil Procedure ... 1) The suit is not maintainable as there was no notice under Section 80, Code of Civil Procedure.(2) The suit having been filed by individuals putting forward the rights of the community as such, cannot be maintained without complying with the provisions of Order 1, Rule 8, Code of Civil Procedure. As admittedly leave was not obtained under Order 1, Rule 8, Code of Civil Procedure ... procedure in Order 1, Rule 8, Code of Civil Procedure has been prescribed. The object of the rule is to avoid unnecessary tedium and expense of litigation and to give a binding force to the decision which may be ultimately passed in the suit. A person cannot seek to advance the claims of a group of persons or community without adopting the procedure under Order 1, Rule 8, Code of Civil Procedure ...

Oct 07 2004

P.S. Sathappan (Dead) by Lrs. Vs. Andhra Bank Ltd. and Ors.

  • Decided on : 07-Oct-2004

Court : Supreme Court of India

Reported in : AIR2004SC5152; 2004(5)CTC209; JT2004(8)SC464; (2005)1MLJ105(SC); RLW2005(1)SC19; 2004(8)SCALE601; (2004)11SCC672

... Code of Civil Procedure, 1908. 32. Thus, this Court has clearly held that the right to appeal against judgments under the Letters Patent was not affected by the Section 104(1) of the Code of 1908 and the decision therefore fully supports the argument of Mr. Sorabjee that there is no inconsistency between the Letters Patent jurisdiction and Section 104 read with Order 43 Rule 1 of the Code of 1908 ... Rules 1 and 8 of Order XX; and(6) Rule 7 of Order XXXIII (so far as relates to the making of a memorandum); and Rule 35 of Order XLI shall not apply to any such High Court in the exercise of its appellate jurisdiction.' ANALYSIS:16. The Code of Civil Procedure, 1908 (Code) was enacted to consolidate and amend the laws relating to the procedure of the Courts of Civil ... 1) of the Code of Civil Procedure, 1908. 32. Thus, this Court has clearly held that the right to appeal against judgments under the Letters Patent was not affected by the Section 104(1) of the Code of 1908 and the decision therefore fully supports the argument of Mr. Sorabjee that there is no inconsistency between the Letters Patent jurisdiction and Section 104 read with Order 43 Rule 1 ...

Dec 12 2002

Bhogvati Sahakari Sakhar Karkhana Limited Vs. Chaugule and Sons

  • Decided on : 12-Dec-2002

Court : Mumbai

Reported in : 2003(2)MhLj562

... together with future interest thereon at the rate of 6% per annum. The appellant therefore, was called upon to show cause; why the powers under Order 41, Rule 1(3) of the Code of Civil Procedure, 1908 ('C. P. C.' for short) should not be exercised directing it to deposit decretal amount pending adjudication of the appeal.3. The learned counsel for the appellant, ... rule (3) of Rule 1. Thisprovision, therefore, pre-supposes an existence of (prior) order under Order 41,Rule 1(3) of Civil Procedure Code. In absence of pre-existing order under Order41, Rule 1(3), Sub-rule (5) of Rule 5 of Order 41 will have no role to play. Inother words, Sub-rule (5) of Rule 5 of Order 41 of Civil Procedure Code willcome into play only, if, prior order under Order 41, Rule 1 ... under Order41, Rule 1(3), Sub-rule (5) of Rule 5 of Order 41 will have no role to play. Inother words, Sub-rule (5) of Rule 5 of Order 41 of Civil Procedure Code willcome into play only, if, prior order under Order 41, Rule 1(3) is in existence. Now the question is : in absence of any such prior order, under Order 41, Rule 1(3) of Civil Procedure Code how ... Civil Procedure Code. In absence of pre-existing order under Order41, Rule 1(3), Sub-rule (5) of Rule 5 of Order 41 will have no role to play. Inother words, Sub-rule (5) of Rule 5 of Order 41 of Civil Procedure Code willcome into play only, if, prior order under Order 41, Rule 1(3) is in existence. Now the question is : in absence of any such prior order, under Order 41, Rule 1 ...

Sep 08 2004

Yale Malleshappa and Ors. Vs. Chinna Hotur Bale Eramma

  • Decided on : 08-Sep-2004

Court : Andhra Pradesh

Reported in : 2004(6)ALD285; 2004(6)ALT565

... Rules 1 and 2 of the Code of Civil Procedure along with the suit. The defendants have also filed written statement. At that stage i.e., during the enquiry into the said application, filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure, the plaintiff seems to have filed the present application under Order 16, Rule 1 read with Section 151 of the Code of Civil Procedure ... Rule 1 of the Code of Civil Procedure.12. On the contrary, the learned Counsel appearing for the plaintiff contends that the Court has jurisdiction under Order 16, Rule 1 of the Code of Civil Procedure to order the application of the present nature. It is his further contention that this Court has jurisdiction under Section 151 of the Code of Civil Procedure as the Code postulates in Section 141 that the procedure ... Rules 1 and 2 of the Code of Civil Procedure can be ordered. It is also his further contention that a reading of Order 16, Rule 1 of the Code of Civil Procedure Code would only suggest that the Court can exercise its jurisdiction under the said provision only after framing the issues.9. For ready reference and convenience, the provisions of Rule 1 of Order 16 is extracted hereunder:'1 ...

Nov 26 1958

B.N. Munibasappa Vs. Gurusiddaraja Desikendra Swamigal and Ors.

  • Decided on : 26-Nov-1958

Court : Karnataka

Reported in : AIR1959Kant139; AIR1959Mys139

... that the provisions of Rule 2 of order 19 of the Code of Civil Procedure applies not only to interlocutory applications but also to substantive applications like an application under Rule 13 of Order S of the Code of Civil Procedure. The second is that if an affidavit was properly produced in accordance with the provisions of Rules 1 and 2 of Order 19 of the Code of Civil Procedure, it should be ... provisions of the Code of Civil Procedure, it is seen that it refers to specific instances where the Court is expressly permitted to act upon affidavits. Those are cases like these referred to in Rule 19 of Order 5. Rules 8 to 20 of Order 11 Rule 3 of Order 32, Rules 1 and 5 of Order 38 and Rule 1 of Order 39 of the Code of Civil Procedure. These are ... the Code of Civil Procedure applies not only to interlocutory applications but also to substantive applications like an application under Rule 13 of Order S of the Code of Civil Procedure. The second is that if an affidavit was properly produced in accordance with the provisions of Rules 1 and 2 of Order 19 of the Code of Civil Procedure, it should be regarded as evidence notwithstanding the provisions of Sections. 1 ... to me that there can be no doubt that Rule 1 of Order 19 of the Code of Civil Procedure was as inapplicable to the present case as it. 2 of that order was. As stated in Rule 1 of Order 19 of the Code of Civil Procedure, it is plain that what the Court is empowered to do under that Rule is to order that any particular fact or ...

Sep 09 2008

Salil Srivastava Vs. Addl. District Judge and Ors.

  • Decided on : 09-Sep-2008

Court : Allahabad

Reported in : 2008(4)AWC3910

... rule (1) of Order XV, Rule 5 of the Code of Civil Procedure that is within 10 days the expiry of a week from the date of accrual of the 'monthly amount due.10. At this juncture Section 17 of Provincial Small Cause Courts Act, 1887 is also being looked into.Section 17. Application of the Code of Civil Procedure.- (1) [The procedure prescribed in the Code of Civil Procedure, 1908 (5 of 1908 ... Provincial Small Cause Courts Act, 1887 is also being looked into.Section 17. Application of the Code of Civil Procedure.- (1) [The procedure prescribed in the Code of Civil Procedure, 1908 (5 of 1908) shall save in so far as is otherwise provided by the Code or by this Act,) be the procedure followed in a Court of Small Causes, in all suits cognizable by it and in all ... Sub-section (1) the security may be realised in manner provided by Section [145] of the Code of Civil Procedure, 11908] (5 of 1908).11. A bare perusal of provision quoted above would go to show that the procedure prescribed in the Code of Civil Procedure, 1908 shall save in so far as is otherwise provided by the Code or by this Act be the procedure followed by Judge ... of the Code of Civil Procedure, 11908] (5 of 1908).11. A bare perusal of provision quoted above would go to show that the procedure prescribed in the Code of Civil Procedure, 1908 shall save in so far as is otherwise provided by the Code or by this Act be the procedure followed by Judge, Small Causes in all suits cognizable by it and in all procedures arising out ...

Aug 12 2004

Chintaman Sukhdeo Kaklij and Ors. Vs. Shivaji Bhausaheb Gadhe and Ors. ...

  • Decided on : 12-Aug-2004

Court : Mumbai

Reported in : 2004(5)BomCR573; 2004(4)MhLj739

... in it by the first part of Order 8, Rule 10 of Code of Civil Procedure, i.e. by pronouncing the judgment of failure to file written statement as required under Order 8, Rule 1 of Code of Civil Procedure. The present case would fall within the ambit of latter part of Rule 10 of Order 8 of the Civil Procedure Code, i.e. 'or make such order in relation to ... date of service of suit summons. Rule 1, Order 8 of Civil Procedure Code is mandatory in nature and it requires strict compliance. The time cannot be extended under Order 8, Rule 9 of the Civil Procedure Code as filing of written statement is governed exclusively by Order 8, Rule 1 and on failure to file written statement within 90 days under amended Rule 1, Order 8, the right to file ... , Bhosale J., took a view that the provisions of Order 8, Rule 1, Civil Procedure Code as amended by Act of 22 of 2002 are directory in nature. Rule 10 of Order 8, Civil Procedure Code governs both situations where the written statement is required under Rule 1, Order 8 as also where it has been demanded under Rule 9. In both situations if a written statement has not been ... cannot be extended under Order 8, Rule 9 of the Civil Procedure Code as filing of written statement is governed exclusively by Order 8, Rule 1 and on failure to file written statement within 90 days under amended Rule 1, Order 8, the right to file written statement is lost and the defendant cannot bank upon Rule 9, Order 8 of the Civil Procedure Code to wipe out his default. ...

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