S 9

• Jurisdiction of Civil Court where suit is simpliciter for injunction based upon possession of property
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S 10

• Applicability of S.10 of the Code - Conditions for applicability
• Object - Not only to avoid multiplicity of proceedings but to avoid vexatious prosecution of a litigant
• S.10 of the Code is not applicable where the suits are pending in different forums
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S 11

• Or. 33 and S. 11 — Application to file suit as indigent person
• res judicata

Section 80 - Notice

• NOTICE OF SUIT UNDER SECTION 80, CODE OF CIVIL PROCEDURE
• mandatory as it is conceived in public interest,
• Sec. 80, though a procedural provision, has been held to be mandatory as it is conceived in public interest,
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Ss 87-88

• summons first, then bailable warrant and then non-bailable warrant can be issued.

Section 153-B. Place of trial to be deemed to be open Court.

• Section 153-B Place of trial to be deemed to be open Court

S151- Recall of order of rejection of application

• Order of closure of evidence of plaintiffs', for failure to file affidavit in lieu of examination in chief

S33 Judgement

• there is no such written judgement duly signed by the Presiding Officer is found in the file
• dies before judge was delivered

Bar as to civil suit

• O.2, R.2, O.6, R.17—Bar as to civil suit applies only to subsequent suit and would not apply to amendment

Consent Order

S96 - Appeal

• Sec. 96, O.9, R.13—Appeal—Scope of—Application for setting aside of ex-parte decree

S115 - Revision

• Application U.O.6.R.17 - Petition under Art.227 filed against dismissal of such application
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S. 100 – Second Appeal – Ground of Maintainability

• case involves a substantial question of law.
• no evidence- frivolous appeal and dragged the litigation

Conduct of case

S114- Review petition

• Order 47, Rule 1 and Section 114 CPC- When special leave petition was dismissed in limine without giving any reasons, review petition filed by appellant in High Court would be maintainable
• [ORDER 47 RULE 1 CPC] no error apparent on the face of the record warranting interference

Orders and Rules

• Order 20 Rule 16 - It is not mandatory to pass a preliminary decree in every accountancy suit
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