Court : Gujarat
Reported in : AIR1962Guj21; (1961)GLR635; (1961)0GLR165
..... a part a state or a part b state may make such rules not inconsistent with the letters patent or order or other law establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained shall affect the validity ot any such rules in force at the commencement of this code. ..... included in article 37, which says:'provided always that the said high court shall be guided in making such rules and orders as far as possible by the provisions' of the code of civil procedure, being an act passed by the governor general in council, and being act no. ..... the letters patent the high court has got power to frame rules relating to the civil procedure in all proceedings in civil cases which may be brought before the high court. ..... is given to the expression 'court of civil judicature', then high courts dealing with writ petitions would not be courts of civil judicature, because writs are not civil rights but rights created by the constitution. ..... also refers to other writers who have stated that the object of civil proceedings is to enforce rights, while the object of criminal proceedings is ..... of the high court in regard to matters of procedure in civil proceedings is also to be found in other provisions already quoted ..... different meanings:--(1) a court, (whether appellate or otherwise) administering justice in matters relating to enforce-ment of civil rights or to suits of a civil nature within the meaning of section. 9, c. p. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj131; (1965)GLR99
..... cannot agree with him that the order of the high court a the earlier stage operate as res judicata so far as the question about the jurisdiction of the civil court is concerned to entertain such a reference in the absence of any such power invested in the civil court the civil procedure code or under this act or under any other statutory enactment which empowers it to decide such a reference on the question of title or which empowers ..... as in the view of the deputy collector and the revenue tribunal questions relating to title have been raised, and in their view they must be left to the civil courts for adjudication, we do not think that we would be justified in disagreeing with that view and holding in exercise of the limits jurisdiction conferred upon the mamlatdar for deciding questions as to ..... argued that even though a mamlatdar or a revenue tribunal may not have such a power to make a reference to the civil court, the high court in the exercise of its superintendence powers both over the tribunal and the civil courts could resolve such a deadlock in cases, where each had only a partial jurisdiction over the subject matter and none of ..... provisions of the two acts differ in such important respect, it is not competent for the high court to transfer under section 90 of the presidency towns insolvency act and under section 24, civil procedure code, an insolvency petition pending before it under the presidency towns insolvency act for disposal by a mofussil district court. at p. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1972Guj229
..... got, we are bound to say that in fact there was an omission on the part of the court to consider the clear provision of order 41, rule 33, civil procedure code, when the original judgment was passed; and such omission, which appears on the face of the judgment, would constitute a sufficient ground analogous to those mentioned in order 47, rule 1, civil procedure code, and the court was not incompetent to reconsider the matter if it so desired. ..... 144 = (air 1922 pc 112), where it was held by viscount haldane that the expression 'any other sufficient reason' in order 47, rule 1, civil procedure code, would be interpreted to mean 'a reason sufficient on grounds at least analogous to those specified immediately previously. ..... that being the position, such a suit could only be heard by the court of the civil judge, senior division, as the court of civil judge, junior division, has got limited jurisdiction to hear the suit the valuation of the subject-matter of which ..... at page 608, the privy council has observed'' the first portion of section 149 of the civil procedure code (act xiv of 1882) leaves it in the discretion of the court to frame such additional issues as it thinks fit; whilst the latter part makes it imperative on the judge to frame such additional issues ..... this, it was held, was not a sufficient ground within the meaning of order 47, rule 1, civil procedure code, and the court had no jurisdiction to order a review because it was of opinion that a different conclusion of law .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1972Guj162
..... panchmahals at godhra setting aside the judgment and decree for eviction passed by the learned trial judge and remanding the suit to him under section 151, civil procedure code, with a direction that he should raise issues and re-number them and send the same to the mamlatdar for decision and in the meanwhile to stay the suit, under section 85-a of the tenancy act.2 ..... in other words, the plea of tenancy on the two past dates was a subsidiary plea and the main plea was of statutory ownership and the jurisdiction of the civil court cannot, therefore, be held to be barred in this case by virtue of the provisions of section 70 of the act read with the provisions of sec. ..... he therefore, urged that once the suit was remanded to the trial court under section 151, civil procedure code, the only remedy open to the aggrieved party was to come to this court by way of a revision application ..... as a fact that the defendant was a tenant and had acquired interest after december 28, 1948 and prior to 1956, section 88b of the act would not come in his way and it would not be open to the civil court to pass a decree for eviction. ..... he stated that the learned assistant judge had remanded the suit in his inherent powers under section 151, civil procedure code. ..... learned civil judge. ..... civil procedure code could have any application to the facts of the present ..... civil procedure code with a direction to send the issues framed by him to the mamlatdar for his finding and therefore to decide the suit according to .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1314; 2004(28)PTC377(Guj)
..... the appellant before the trial court were not considered in their proper perspective and the observations made and conclusion drawn as well as finding given by the learned city civil judge are contrary to the facts found and evidence adduced on record as well as the settled legal propositions propounded by this court as well as by the hon'ble supreme court ..... trivedi, learned advocate appearing for the respondent while opposing the present appeal from order as well as civil application has strongly contended that the appellant has not made out any case for infringement of ..... trial court has committed a grave error of law and of facts while refusing the interim relief to the appellant and hence, the order of the learned city civil judge is required to be quashed and set aside and the appellant is entitled for the interim relief as prayed.23. mr. yj ..... the appeal from order was admitted by this court on 26.09.2003 and rule was issued in civil application praying for quashing and setting aside the impugned order and further praying for interim injunction restraining the respondent from using the trade name ..... . there was no iota of evidence or any basis for the learned city civil judge to come to a conclusion that the respondent was selling its goods by its clear identity and ..... . the order passed by the learned city civil judge therefore, calls for an interference by this court while exercising the appellate powers and the said order is required to be quashed and set aside and injunction .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1996Guj38; (1995)2GLR1706
..... such meaning which is given by webster, it becomes clear that the order shall take permanent effect at a specified time unless cause is shown why it should not be granted and the practice which is followed by the city civil court at ahmedabad under the ahmedabad city court rules, generally, on notice of motion, the court issues 'rule -- emergent process' with a view to calling upon the other side to show cause as to why prayer made in the ..... in the context of the procedure which is followed by the indian courts and more particularly by ahmedabad city civil court and the practice which is followed by the high court of gujarat, mere issuance of 'rule' on civil application for any temporary relief, would not amount to granting temporary relief. ..... it is, therefore, not correct to state that the learned chamber judge of the city civil court, in fact, grantedtemporary injunction and/or attachment before judgment with respect to suit property. ..... in the aforesaid view of the matter, i do not see any merit in this civil revision application, the same is dismissed. ..... (ii) on such application, the learned city civil judge passed following order on 15th december, 1977. ..... 4287 of 1977 in the city civil court at ahmedabad to recover the amount of rs. ..... this civil revision application is filed under section 115 of the code of civil procedure, is directed against the judgment and order, dismissing the appeal from order no. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2002Guj197
..... supreme court came to the conclusion : 'although the letters patent is a special law certain provisions of the code of civil procedure in the matter of procedure do apply to appeals against the decision of a trial judge to a larger bench ..... the learned single judge dated 27-6-2001 passed in the proceedings in appeal from order for alleged breach of the order of injunction passed therein under order 39, rule 2a read with section 151 of the code of civil procedure is not maintainable under clause 15 of the letters patent. 3. ..... and directed them to restore possession of the suit premises to the respondents within one month from the date of receipt of the writ of the order, failing which the present appellants are directed to be detained in civil prison for a period of two months. ..... thereof, the defendants-appellants were directed to be detained in civil prison for two months. ..... and 2 shall be detained in civil jail for a period of two ..... the section officer of civil revision department prepared a note on 22-2-2001 to the above effect and the appeal was assigned to the record room as automatically dismissed ..... 1992 in the court of civil judge (junior division). ..... appeal from order which was treated as dismissed for non-prosecution for not supplying paper book, on restoration of the said appeal from order by the court on march 23, 2001, the injunction order granted in civil application no. ..... 2001 filed by the appellants seeking condonation of delay caused in filing the lpa in civil application no. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj9
..... the whole purpose of conferment of powers under o.7 r.11 of the code of civil procedure is to ensure that a litigation which is meaningless and bound to prove abortive, should not be permitted to occupy the time of the court and must be terminated and brought to an end at the earliest. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)3GLR847
..... the claim before the arbitrator is clearly in the nature of a suit and instead of a civil court adjudicating upon the claim a separate form of arbitrator adjudicates upon the same claim. ..... the plaintiff will be barred under order 2 rule 2 of the code of civil procedure only when he omits to sue for or relinquishes the claim in a suit with knowledge that he has a right to sue for that relief. ..... in the facts and circumstances of the case and in view of the foregoing discussions made hereinabove, this civil revision application deserves to be allowed and it is accordingly allowed. ..... mr.j.c.sheth, learned counsel for the opponent-railway submitted that applicant had filed civil misc.appln.no.384/86 before this court earlier. ..... being aggrieved and dissatisfied with the said judgment of the learned city civil judge, ahmedabad, he filed civil revision appln.no.669/90. ..... he stated that the learned city civil judge by its common judgment dated 6th november, 1989, pleased to reject the said applications. ..... order 2 rule 25.2 order 2 rule 2 of the civil procedure code reads as follows:'every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action but a plaintiff may relinquish any portion of his claim in order to ..... appln.no.124/83 and then in civil misc.appln.no.384/86, the respondent-union of india, through railway, general manager has forfeited his right now to appoint as a fresh arbitrator. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2006Guj69
..... 182.it has been further observed and held that:-then it is argued that it is bad at all events under section 32 which provides that subject to the second paragraph of section 440 of the civil procedure code, which is not material for this judgment, in every suit brought by or against a government ward, the manager of the government ward's property, or where there is no manager, the court of wards having the superintendence of the ..... in both those cases the provisions of section 443 of the civil procedure code had not been complied with, as they should have been, but under the circumstances it was held that the non-compliance did not vitiate the proceedings. ..... the omission to name such a guardian during some part of the proceedings may be only a defect or irregularity in proceedings not affecting the merits of the case or the jurisdiction of the court such as is contemplated by section 152 of the civil procedure code. ..... regular civil appeal is nothing but a continuation of a suit. ..... 7/2003 as well as the order passed by the appellate court in regular civil appeal no. ..... civil suit no. ..... civil judge, vide impugned order rejected the application exh.23 resisting the execution proceedings initiated by the original judgment creditor of reg. ..... civil judge (s.d. .....
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