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1988 Supreme(All) 396

S.D.AGARWALA, A.N.VERMA, B.L.YADAV
PREMIER MOTOR PVT. LTD. – Appellant
Versus
JASWANT PRASAD – Respondent


Advocates Appeared:
G.P.Verma, Hari Shankar Sharma, R.L.Grover

S. D. AGARWALA, J.


( 1 ) (FOR himself and on behalf of A. N. Varma, J.) :- One of the questions involved in this revision is as to whether a defence of a tenant can be struck off for non-compliance of Rule 5 of Order XV as added by the U. P. Civil Laws (Reforms and Amendment) Act, 1976, (U. P. Act No. 57 of 1976) hereinafter REFERRED TO as the U. P. Act ). Hon. B. N. Sapru, J. by his order dated 29th April, 1987 when the revision came up for hearing before him, directed that the papers of the case be laid before Honble the Chief justice to constitute a larger Bench to consider the following questions : -1. Whether in view of the decision of the Supreme Court in the Case of Ganpat Giri v. II Addl. District Judge, AIR 1986 SC 589 the provisions of Order XV, Rule 5 of the C. P. C. stood repealed by virtue of the provisions of Section 97 (1) of the Code of Civil Procedure (Amendment) Act, 1976 (Act No. 104 of 1976) hereinafter REFERRED TO as the Central Act?

( 2 ) WHETHER the Central Amendments having come into force w. e. f. 1-2-1977 repealed the provisions of Order XV, Rule 5 of the Code of Civil Procedure introduced by U. P. Act No. 57 of 1976? reported in (1987) 2 All Rent Cas 181.



















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