AI Overview...
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C.P.C. Sections and Orders - Several references discuss the interpretation and application of various provisions of the Civil Procedure Code, notably Sections 104, 52, and Orders 1, 21, 22, Rule 10, and Rule 16. It is clarified that orders passed under certain rules (e.g., Rule 2-A of Order 39) are not orders in appeal under Section 104, and the scope of appeal is limited accordingly Madhusudan Hota VS Ratnakar Hota - Orissa, Vijayan P. G. VS Mohanan - Kerala.
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Appeal and Revision - The Supreme Court has emphasized that violations of law that are apparent on record justify interference in revision, and that not all orders are appealable under Section 104(2). The case of Ramaswamy Reddiar is cited to illustrate the principles governing appeals from orders, especially emphasizing that only appeals under specific provisions are permissible Madhusudan Hota VS Ratnakar Hota - Orissa, Vijayan P. G. VS Mohanan - Kerala.
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Suit and Property Attachments - Several cases involve property attachment and ownership disputes, including applications under Section 47 and Orders 21 Rule 63. Courts have clarified procedures for bringing purchasers on record pendente lite and the importance of proper procedures for attachment and sale of property, referencing relevant case law such as Petakamsetty Ramaswamy Naidu K. Mallamma VS Sammuel Shankriah - Andhra Pradesh, Chappidi Subbareddy (died) VS Chappidi Narapureddy - Bombay.
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Negotiable Instruments and Limitation - In cases involving cheques and negotiable instruments, the courts have discussed the nature of suits, deposit orders, and the applicability of limitation periods under Article 11 of the Limitation Act Girdharilal Ratnalal Barker By VS Palaniappa Mudali - Madras.
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Procedure for Bringing Legal Representatives on Record - The principles under Order 1 Rule 10 and Order 22 Rule 10 are explained, emphasizing their similar scope in relation to bringing parties or legal representatives on record during ongoing proceedings K. Mallamma VS Sammuel Shankriah - Andhra Pradesh, Chappidi Subbareddy (died) VS Chappidi Narapureddy - Bombay.
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Asset Disputes and Property Claims - Disputes over assets, especially in the context of attached property and ownership claims, are addressed with reference to Section 47 of the CPC. Courts have held that assets not belonging to the judgment debtor, such as property of the wife, require specific procedures for claim and transfer 02000024192.
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Jurisdiction and Procedural Validity - The scope of jurisdictional provisions such as Section 9 of the CPC is discussed, with courts reiterating the importance of adhering to procedural rules and the limits of revisional powers in correcting apparent errors or violations of law Ashok Leyland Limited VS Renault Nissan Automative India Pvt Ltd. - Madras.
Analysis and Conclusion:
The references collectively highlight the nuanced application of the Civil Procedure Code in various legal scenarios involving appeals, property disputes, and procedural compliance. The case of C.P.C. S. Ramaswamy (specifically Ramaswamy Reddiar and related cases) underscores that appeals are strictly governed by specific provisions, and procedural correctness is vital for the validity of orders and subsequent remedies. Proper procedural adherence, especially regarding attachment, sale of property, and bringing parties on record, is emphasized to ensure justice. The courts maintain a cautious approach, allowing revision only in cases of apparent legal errors, and clarifying that not all orders are appealable under Section 104.
Search Results for "Cpc C s Ramaswamy"
2014 0 Supreme(Ori) 99 • India - Orissa
R.DASH
, Rule 1, C.P.C. and cannot be said to be an order passed in appeal under Section 104 C.P.C. ... CIVIL PROCEDURE CODE, 1908 - Sec. 104(2) - No bar for appeal against order passed under 39, Rule 2-A, CPC for alleged violation of ... CIVIL PROCEDURE CODE, 1908 - Order 43, Rule 1(r) - Appeal against order passed under Order 39, Rule 2-A, C.P.C. by the Court for ... In Ramaswamy Reddiar (supra), it has been explained that in order to attract Sub-section (2) of Section 104....
1929 0 Supreme(Mad) 78 • India - Madras
RAMESAM
cheque - negotiable instrument - Civil Procedure Code - Order XXI, Rule 63 - Limitation Act, Article 11 Fact of the Case ... court also clarified that the suit can be regarded as a suit for a general declaration and not as one under Order XXI, Rule 63, Civil ... Ramaswamy Iyer who appeared for the 1st defendant contended that the plaintiff applied that the amount of the cheque should be brought to Court and be held in deposit and, therefore, the suit may be regarded as one for money. ... Apart from this, I think this suit can be regarded ....
1986 0 Supreme(Ker) 272 • India - Kerala
BALAKRISHNA MENON
C., Order XXI R.16 C. P. C. - Venkatachalam Chetti v. Ramaswamy Servai ((1932) ILR 55 Madras 352), Sailendra Nath v. ... Ramaswamy Servai, Sailendra Nath v. Surendra Nath, Brijmohandas v. Sadashiv, and Sukhdeo Bhagat v. ... Ratio Decidendi: The court relied on S.42 of the C. P. C. and Order XXI R.16 C. P. ... Ramaswamy Servai ((1932) ILR 55 Madras 352) stated at page 366: ... "If R.3 of Order XXII does not apply, it is argued thai there is no procedure provided in the Code for bring....
1967 0 Supreme(AP) 206 • India - Andhra Pradesh
GOPALRAO EKBOLE
not the asset of Ramaswamy. ... Fact of the Case: An ex parte decree was obtained against the assets of Ramaswamy. ... The judgment-debtor, the wife of Ramaswamy, filed an application claiming that the attached and sold house belongs to her and is ... The judgment-debtor, that is, the wife of ramaswamy the deceased, filed an application under section 47, Civil Procedure code, claiming that the house attached and sold belongs to her and that it is not the asset of Ramaswamy in her han....
2005 0 Supreme(AP) 1093 • India - Andhra Pradesh
P.SWAROOP REDDY, D.S.R.VERMA
pendente lite on record are applicable to Or.1, R.10 CPC. ... ... Or.1, R.10 and Or.22, R.10 CPC and Sec.52 of T.P. ... CIVIL PROCEDURE CODE - Or.1, R.10 and Or.22, R.10 - TRANSFER OF PROPERTY ACT, Sec.52 - Suit filed for partition - Trial Court dismissing ... C, in order to bring a purchaser pendente lite on record, are applicable to Order 1, Rule 10 C. P. C. ... ( 22 ) IN Petakamsetty Ramaswamy Naidu and others v. Kandrupu Kondadu, one of us (D. S. R. Varma. ... C. or under Order22 Rule 10 #HL_STAR....
2005 0 Supreme(Bom) 1633 • India - Bombay
P.SWAROOP REDDY, D.S.R.VARMA
Civil Procedure Code, 1908 - Order I, Rule 10 and Order XXII, Rule 10 Transferee pendente lite. ... In Petakamsetty Ramaswamy Naida and others Vs. Kandrupa Kondadu, 2005(3) ALD 853, one of us (D.S.R. ... In fact, the scope of Order 1, Rule 10 and Order 22, Rule 10, C.P.C. is similar. Therefore, the principles applicable to Order 22, Rule 10, C.P.C., in order to bring a purchaser pendent lite on record, are applicable to Order 1, Rule 10, C.P.C. ... 22. ... Perhaps, I.As were filed by the plaintiff, und....
2016 0 Supreme(Mad) 213 • India - Madras
S.VIMALA
ORDER : ... “Flagrant violation of law as well as errors of law apparent on face of record would justify High Court interfering with orders in exercise of revisional powers” - Ruled the Supreme Court in a case of “The Managing Director, Nadipissai Pulavar K.R.Ramaswamy ... Section 9 of the Code of Civil Procedure reads as under: ... “9. ... The scope and ambit of Section 9 of C.P.C. have been explained in the case of Moran Mar Baselious Marthoma vs. ... From a perusal of Order VII Rule 11 of C.P.C., the plaint can be re....
1990 0 Supreme(Mad) 39 • India - Madras
P.K.SETHURAMAN
T.S Ramaswamy Iyengar - Ramiah Aiyar v. Gopalier - The Official Assignee, High Court, Madras v. ... No. 296/87 - O. 1, R. 8, C.P.C. - O. 21, R. 58, r/w S. 47 and 151, C.P.C. - Janaki Nagaswami Iyer v. ... Rules - S. 151 C.P.C. - O.S. No. 1868/85 - E.P. No. 1854/86 - C.S. ... T.S Ramaswamy Iyengar 1 it has been laid down by a Division Bench of our High Court that where property is attached before judgment, but is released on the defendant giving s curity, the security comprising certain items of the atta....
2021 0 Supreme(Ker) 555 • India - Kerala
N.ANIL KUMAR
Hence, the decree passed by the two courts below is executable subject to the provisions contemplated under Section 52 of the C.P.C ... failure - In order to take execution against the legal representatives, there must be a decree passed in terms of Section 52 of the C.P.C ... PW1 deposed that Ramaswamy was introduced to him by PW2. PWs.1 and 2 were doing business in sand. As introduced by PW2, PW1 entered into Ext.A1 agreement with Ramaswamy. PW2 stated that he saw Ramaswamy and PW1 putting their signa....
2015 0 Supreme(Ker) 1158 • India - Kerala
T.B.RADHAKRISHNAN, SUNIL THOMAS
Code of Civil Procedure, 1908 - Section 96 and 104(2) - No appeal shall lie from any order passed in appeal ... It was entirely a different aspect that fell for consideration in Ramaswamy Reddiar's case and the reasoning in Ramaswamy Reddiar's case must be appreciated at a more fundamental level. ... 16. ... Learned Single Judge, following Ramaswamy Reddiar's case held that to attract the bar under Section 104(2), the first appeal from which impugned order arises should be one filed under Section 104 of the CPC....
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