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amendment of the Code of Civil
Procedure in 1951. 'foreign court' under the Code means a
court situate outside India ... result of that the
Code of Civil Procedure (in short the 'Code') was extended
to the former State of Madhya
Supreme Court of India
Code of Civil Procedure expressly makes the
provisions of the Code applicable to High Courts. Hence Sections ... indicated in Sections 100 and 101 of the Civil Procedures Code.
Mr. Sinha placed reliance on Section
Patna High Court
Code of Civil Procedure, which
provided a different procedure in those circumstances, and that clause
36 of the Letters Patent ... Section 104, (which corresponds to Section 588 of the Civil Procedure
Codes of 1877 and 1882), overrides the provisions
Bombay High Court
various Courts in India on this
aspect. In the Civil Procedure Codes of 1877 and 1882 the
equivalent to Section ... Code of Civil
Procedure which preserved powers reserved to Courts under
special statutes. Under the Code of Civil Procedure
Supreme Court of India
Section 104 of the Code of Civil Procedure (for
short, 'the Code') vis-`-vis Clause 15 of the Letters Patent ... appellate
jurisdiction."
ANALYSIS :
The Code of Civil Procedure, 1908 (Code) was enacted to consolidate
and amend the laws relating
Supreme Court of India
rules and also of the Civil
Procedures Code, and there is a conflict between them, the former is
to prevail ... People Act, the provisions of the Code
of Civil Procedure covering that field will not operate and will
yield
Punjab-Haryana High Court
procedure for an application is that
prescribed by the Code but whether the application was under
Code. The application ... sense. The Regulation had been in
existence before the Civil Procedure Codes had been enacted.
We, therefore, think that even
Supreme Court of India
schedule to the Regulation does not contain
the Civil Procedure Codes of 1859 and 1867, nor have they ever been ... Bengal as above described. It follows that these Civil Procedure
Codes were thereafter applicable in the Sonthal Parganas only
Bombay High Court
Calcutta High Court
Prafulla Kamini Roy vs Bhabani Nath Roy on 8 July, 1925 Equivalent
Calcutta High Court
makes the provisions of the Code of Civil Procedure
applicable to the procedure in all suits and other proceedings under ... Provisions
regarding insolvent judgment-debtors were contained in the Civil
Procedure Codes of 1877 and of 1882, both of which
Allahabad High Court
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