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present case. For passing an order under Order 38 Rule 5, CPC, learned Court seized of the matter ... While considering the question of passing order under Order 38 Rule 5, CPC this Court in the case
Madhya Pradesh High Court
- Cites 11 - Cited by 0 - Full Document
justice being defeated. The object of order 38 rule 5 CPC in particular, is to prevent any defendant ... prima facie case. 5. The power under Order 38 Rule 5 CPC is drastic and extraordinary power. Such
Supreme Court of India
- Cites 1 - Cited by 66 - Full Document
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 8 - Cited by 6 - Full Document
Order 38 Rule 5 but clause (a) of Section 41 makes the provisions of the Code of Civil Procedure applicable ... Arbitration Act . An order of attachment before judgment under Order 38 Rule 5 CPC is not a matter
Delhi High Court
- Cites 11 - Cited by 2 - Full Document
into it the provisions of Order 38, Rule 5 of the Civil Procedure Code as it is. It is true ... outside the provisions of Order 38, Rule 5, Code of Civil Procedure. Each case under Section
Bombay High Court
- Cites 15 - Cited by 12 - Full Document
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 15 - Cited by 2 - Full Document
Order   39   Rule   1   thereof.   It   is  submitted that the principles governing grant of relief under Order 38  Rule 5 ... cannot be said that while Order 38 Rule 5 does  not apply, Order 31 Rule 1 applies. It is submitted
Gujarat High Court
- Cites 35 - Cited by 0 - Full Document
with Order 34 of the Civil Procedure Code, 1908 relating to the procedure prescribed for adjudication of the mortgage suits ... entrusted to a civil Court in the ordinary hierarchy of Courts without anything more, the procedure of that Court would
Bombay High Court
- Cites 40 - Cited by 0 - Full Document
with Order 34 of the Civil Procedure Code, 1908 relating to the procedure prescribed for adjudication of the mortgage suits ... entrusted to a civil Court in the ordinary hierarchy of Courts without anything more, the procedure of that Court would
Bombay High Court
- Cites 40 - Cited by 0 - Full Document
basic principles contained in Order 39 Rules 1 & 2 of Civil Procedure Code, 1908 (C.P.C.), the learned ... passing the orders of restraint akin to an attachment under Order 38 Rule 5 of C.P.C. In support
Delhi High Court
- Cites 17 - Cited by 2 - Full Document
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