Friday, June 11, 2021

Civil M.A. - procedure/provision applicability

 - Civil Miscellaneous Application - - - - - Procedure - Applicability of Provision
                                     

                          
- Basically if we peruse all Orders of The Code Of Civil Procedure 1908 we find that those are provided for suit or applicable to the suit.

- For example if we peruse Order 1,2, 4 , 9, 10, 11, 13, 14,16, 23, 26 to 34, 38, 39, 40 of The Code Of Civil Procedure 1908 those shows that all are applicable to suit.

- In fact the procedure provided in the The Civil Procedure Code 1908 in regard to suit shall be followed, as per as it can be made applicable, in all proceedings in any Court of civil jurisdiction.

- So in Civil Miscellaneous (Civil M.A.) party to it may  claim relief like Temporary Injunction, Court Commission, Amendment, etc which may be claimed in Civil Suit.

- In fact civil court have same jurisdiction in respect of civil miscellaneous proceeding like civil suit.

= = Relevant Provision = ==

- Section 141 of The Code Of Civil Procedure 1908.

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