The application filed by Appellant dated 21.08.2002 for restoration of the application Under Order IX Rule 13 Code of Civil Procedure, which was dismissed in default, is not expressly covered by the provisions of Order IX Code of Civil Procedure. The application dated 21.08.2002 was miscellaneous proceeding on which Civil Miscellaneous Case No. 30 of 2002 was registered. What are the provisions and procedure for miscellaneous proceeding have to be looked into for deciding the issue. Section 141 of Code of Civil Procedure is relevant in this context. Section 141 Code of Civil Procedure deals with miscellaneous proceeding. An Explanation has been inserted Under Section 141 by Act 104 of 1976. Section 141 Code of Civil Procedure after amendment w.e.f. 01.02.1977 is as follows:
141. Miscellaneous proceedings.-The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.
[Explanation.-In this section, the expression "proceedings" includes proceedings Under Order IX, but does not include any proceeding Under Article 226 of the Constitution.]
27. As per Section 141, the procedure provided in Code of Civil Procedure in regard to suit shall be followed, as far as, it can be made applicable in all proceedings in any Court of civil jurisdiction. By insertion of explanation, it has now been expressly provided that expression "proceedings" includes proceedings Under Order IX Code of Civil Procedure
28. When Section 141 expressly refers to proceedings Under Order IX, as miscellaneous proceedings and appeals from such orders are expressly provided by Order XLIII Rule 1(c) & (d), it is clear that right of appeal has been given, from the orders arising out of the miscellaneous proceeding.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 9409 of 2017 (Arising out of SLP (C) No. 28713 of 2013)
Decided On: 21.07.2017
Jaswant Singh and Ors. Vs. Prakash Kaur and Ors.
Hon'ble Judges/Coram:
A.K. Sikri and Ashok Bhushan, JJ.
Citation: AIR 2017 SC 5275
Read full judgment here: Click here
141. Miscellaneous proceedings.-The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.
[Explanation.-In this section, the expression "proceedings" includes proceedings Under Order IX, but does not include any proceeding Under Article 226 of the Constitution.]
27. As per Section 141, the procedure provided in Code of Civil Procedure in regard to suit shall be followed, as far as, it can be made applicable in all proceedings in any Court of civil jurisdiction. By insertion of explanation, it has now been expressly provided that expression "proceedings" includes proceedings Under Order IX Code of Civil Procedure
28. When Section 141 expressly refers to proceedings Under Order IX, as miscellaneous proceedings and appeals from such orders are expressly provided by Order XLIII Rule 1(c) & (d), it is clear that right of appeal has been given, from the orders arising out of the miscellaneous proceeding.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 9409 of 2017 (Arising out of SLP (C) No. 28713 of 2013)
Decided On: 21.07.2017
Jaswant Singh and Ors. Vs. Prakash Kaur and Ors.
Hon'ble Judges/Coram:
A.K. Sikri and Ashok Bhushan, JJ.
Citation: AIR 2017 SC 5275
Read full judgment here: Click here
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