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contain the requisite averments in compliance of Order 38, Rule 5 C.P.C and the learned Judge also failed ... satisfy the requirement of the provision of Order 38 Rule 5 C.P.C by making such averments
Madras High Court
- Cites 10 - Cited by 4 -
(2002) 2 MLJ 146
- S Jagadeesan - Full Document
failed to make out a case under Order 38 Rule 5 CPC. 13. It is contended that the respondent ... that the Court cannot invoke the principles of Order 41 Rule 5 C.P.C. while entertaining objections
Delhi High Court
- Cites 19 - Cited by 1 - V Sanghi - Full Document
importing the provisions of order 38, Rule 5 of the Civil Procedure Code as it is. It is true ... hold that the provisions of Order 38, Rule 5 of the Civil Procedure Code cannot be read
Madras High Court
- Cites 14 - Cited by 0 - Full Document
plaintiff moved an application under Order 38 Rule 5 CPC praying for a direction to defendants to furnish security ... prima facie case. It granted relief under Order 38 rule 5, in exercise of revisional jurisdiction, swayed by the fact
Supreme Court of India
- Cites 2 - Cited by 23 - Full Document
contemplated by Rule 6; consequently no appeal lies under Order 43, Rule 1, clause (q), Civil Procedure Code ... under Order 43 (1) (q), Civil Procedure Code where no conditional attachment has been made under Order 38, Rule
Madras High Court
- Cites 11 - Cited by 5 -
AIR 2000 Mad 483
- Full Document
into it the provisions of Order 38, Rule 5 of the Civil Procedure Code as it is. It is true ... hold that the provisions of Order 38, Rule 5 of the Civil Procedure Code cannot be read
Bombay High Court
- Cites 19 - Cited by 4 -
AIR 2004 Bom 136
- R Lodha - Full Document
Arbitral Tribunal shall not bound by the Civil Procedure Code, 1908 or the Indian Evidence Act, 1872. The said provision ... herein to satisfy the requirement as contemplated under Order 38, Rule 5, C.P.C. is concerned, at the outset
Madras High Court
- Cites 33 - Cited by 3 -
2004 (2) ARBLR 284 Madras
- P Sathasivam - Full Document
another application to furnish security. Under Order 38, Rule 5 of C.P.C., when the defendants failed to comply ... have satisfied this Court the conditions prescribed under Order 38, Rule 5(l)(a), C.P.C. In a suit
Madras High Court
- Cites 12 - Cited by 1 -
2004 (1) CTC 117
- A Rajan - Full Document
exercise the powers conferred upon it under Order 38, Rule 5 CPC without their being further material on record ... sine qua non before the power under Order 38, Rule 5 can be exercised by the Court. However
Madras High Court
- Cites 19 - Cited by 0 - Full Document
case against the respondent for an order under Rule 5 of Order 38 C.P.C. being passed against ... Counsel for the respondent that the provisions of Order 38 Rule 5 C.P.C. do not apply
Andhra High Court
- Cites 17 - Cited by 0 -
2007 ACJ 448
- C Somayajulu - Full Document
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