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

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 ...

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 ...

Jan 20 2005

Jogiram Mohapatra and Ors. Vs. Sibaram Pradhan and Ors.

  • Decided on : 20-Jan-2005

Court : Orissa

Reported in : 2005(I)OLR612

... are not just and proper. It was further submitted that the lower appellate Court failed to appreciate the provisions of Order 1 Rule 8 of the Civil Procedure Code in proper perspective. According to Mr. S.P. Mishra, Order 1 Rule 8 of the Civil Procedure Code stipulates that one person may sue or defend on behalf of all having same interest in the lis. Relying upon the ... The lower appellate authority in paragraph-5 of the judgment observed that no proper notice satisfying all the ingredients of Order 1 Rule 8 of the Civil Procedure Code was issued. It was also observed that though a petition under Order 1 Rule 8 of the Civil Procedure Code was filed by the petitioners before the Asst. Commissioner the same did not disclose the names of the persons chosen ... the appellate authority rightly remanded the case for fresh disposal. According to Mr. Mishra-2, the notice under Order 1 Rule 8 of the Civil Procedure Code, which was issued was defective and did not comply with the mandatory requirements of Order 1 Rule 8 of the Civil Procedure Code. Thus there was no notice in the eye of law and it is a fit case where this appeal ... only impleaded as parties to the Original Application. The notice issued under Order 1 Rule 8 of the Civil Procedure Code and published in the daily newspaper was not in accordance with law and was defective. Law is well settled that the notice issued under Order 1 Rule 8(2) of the Civil Procedure Code must disclose as to who are the persons who have been selected to ...

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. ...

Feb 01 1967

Sat Pal L. Rameshwar Dial and Anr. Vs. Budha Lalji and Ors.

  • Decided on : 01-Feb-1967

Court : Punjab and Haryana

Reported in : AIR1968P& H70

... 22, Rule 9 of the Civil Procedure Code, any order passed under that rule would obviously be covered by Clause (k) of Rule 1 of Order 43 of the Civil Procedure Code, which reading with the opening words of Rule 1 of Order 43 provides; --'An appeal shall lie from the following orders under the provisions of Section 104, namely:--(a). ..............(k) an order under Rule 9 ... Civil Procedure Code refusing to set aside the abatement or dismissal of a suit only and not against an order refusing to set aside abatement or dismissal of an appeal.Shri Rule N. Mittal, appearing for the appellants, has, however, urged that Clause (k) of Rule 1 of Order 43 of the Civil Procedure Code applies to orders passed in appeal as well under Order 22, Rule 9 of the Civil Procedure Code ... appeal is provided under Order 43 of the Civil Procedure Code or any other provisions of law. Referring to Clause (k) of Rule 1 of Order 43 of the Civil Procedure Code, Shri Sanghi contends that the right of appeal under this clause is against an order made under Order 22, Rule 9 of the Civil Procedure Code refusing to set aside the abatement or dismissal ... Rule N. Mittal, appearing for the appellants, has, however, urged that Clause (k) of Rule 1 of Order 43 of the Civil Procedure Code applies to orders passed in appeal as well under Order 22, Rule 9 of the Civil Procedure Code as Order 22, Rule 9 has been expressly made applicable to questions of abatement in appeal by virtue of that specific provision contained in Rule ...

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 ...

Feb 06 2008

Fiona Ray Vs. Sipra Roy and Anr.

  • Decided on : 06-Feb-2008

Court : Kolkata

Reported in : 2008(2)CHN402

... the respondent, is essentially an order passed under Order 39 Rule 3 of the Code of Civil Procedure and not under Order 39 Rules 1 and 2 of the Code of Civil Procedure.10. Thus, Mr. Roy submitted that since an order passed under Order 39 Rule 3 is not appealable under Order 43 Rule 1(r) of the Code of Civil Procedure, the instant appeal which was filed by the plaintiffs/appellants ... 104, namely:(a) ...(b) ...(r) an order under Rule 1, Rule 2 Rule 2A, Rule 4 or Rule 10 of Order. ...26. On perusal of the provisions contained in Order 39 Rules 1 and 2 as well as the provision contained in Order 39 Rule 3 of the Code of Civil Procedure, this Court has no hesitation to hold that Order 39 Rules 1 and 2 are the only enabling provisions which ... appealable under Order 43 Rule 1(r) of the Code of Civil Procedure. According to Mr. Roy, such an order of refusal to grant ad interim injunction with consequential direction for service of notice upon the respondent, is essentially an order passed under Order 39 Rule 3 of the Code of Civil Procedure and not under Order 39 Rules 1 and 2 of the Code of Civil Procedure.10. Thus, Mr. Roy ... 43 Rule 1. Appeal from orders.-An appeal shall lie from the following orders under the provisions of Section 104, namely:(a) ...(b) ...(r) an order under Rule 1, Rule 2 Rule 2A, Rule 4 or Rule 10 of Order. ...26. On perusal of the provisions contained in Order 39 Rules 1 and 2 as well as the provision contained in Order 39 Rule 3 of the Code of Civil Procedure, this ...

Jul 09 1997

Rajasthan State Road Transport Corporation, Jaipur Vs. Smt. Poonam Pah ...

  • Decided on : 09-Jul-1997

Court : Supreme Court of India

Reported in : II(1997)ACC537; 1997ACJ1049; AIR1997SC2951; 1997(2)BLJR1757; [1998]92CompCas42(SC); JT1997(6)SC142; (1997)117PLR528; RLW1997(3)SC411; 1997(4)SCALE505; (1997)6SCC100; [1997]

... under Order XXI, Rule 1 Civil Procedure Code in executing the award of compensation passed by the Motor Accidents Claims Tribunal and the Tribunal must be held to be competent to invoke the beneficial provisions of Order XXI Rule 1 Civil Procedure Code.33. We may indicate here that before the amendment of Order XXI Rule 1 Civil Procedure Code by the Amending Act ... 1908 shall in so far as may be applied to proceedings before the Claims Tribunal, namely, Order V, Rules 9 to 13 and 15, Order IX, Order XIII, Rules 3 to 10, Order XVI Rules 2 to 21, Order XVII, and Order XXXIII, Rules 1 to 3. Amendment to Rule 20 has been made in different states. In the State of Punjab, Order XXI was inserted in Rule ... Order XXI Rule 1 Civil Procedure Code on the score of inconsistency with provisions of Land Acquisition Act relating to awards under the said Act has been indicated and for the said reason, applicability of Order XXI, Rule 1 Civil Procedure Code as held in Mathunni's case has been overruled. But applicability of Order XXI Rule 1 Civil Procedure Code in other ... Civil Procedure Code cannot be extended to the execution of award made under the Land Acquisition Act. Dr. Dhavan has rightly contended that in Prem Nath's case non applicability of Order XXI Rule 1 Civil Procedure Code on the score of inconsistency with provisions of Land Acquisition Act relating to awards under the said Act has been indicated and for the said reason, applicability of Order XXI, Rule 1 Civil Procedure Code ...

Jul 24 2009

Twenty First Century Wire Rods Ltd. Vs. Punjab Steel Rolling Mills Pvt ...

  • Decided on : 24-Jul-2009

Court : Gujarat

Reported in : AIR2009Guj147

... Rule 1(d) of the Code of Civil Procedure, 1908 challenging the order Hated 20th June, 2009 passed by learned 7th Additional Senior Civil Judge, Vadodara below Exh-1 dismissing Misc. Civil Application No. 116 of 2008 filed by the appellant herein inter alia praying to condone the delay that has been caused in preferring an application under Order IX, Rule 13 of the Code of Civil Procedure, 1908 ... Civil Judge, Vadodara below Exh-1 dismissing Misc. Civil Application No. 116 of 2008 filed by the appellant herein inter alia praying to condone the delay that has been caused in preferring an application under Order IX, Rule 13 of the Code of Civil Procedure, 1908.2. The appellant herein-original applicant-defendant had preferred the application under Order IX, Rule 13 of Code of Civil Procedure ... Rule 13 of the Code of Civil Procedure, 1908.2. The appellant herein-original applicant-defendant had preferred the application under Order IX, Rule 13 of Code of Civil Procedure inter alia praying to set aside the ex-parte decree dated 30th October, 2004 passed by learned 8th Joint Civil Judge (S.D.), Vadodara. There was a delay in preferring the application under Order IX, Rule 13 of the Code of Civil Procedure ...

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