CPC, 1908 section 141

This query is : Resolved 
 

(Querist)
13 April 2010

What do u mean by miscellaneous proceedings as per cpc, 1908 section 141 .

The bare act text is as follws.

141. Miscellaneous proceedings.

The procedure provided in this Code in regard to suit shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.

1[Explanation.-In this section, the expression "proceedings" includes proceedings under Order IX, but does not include any proceeding under Article 226 of the Constitution.]

Thanking u all experts in advance.


niranjan (Expert)
13 April 2010

When the suit is filed under O.33,it will be registered as Civil Misc.Application and that application will be decided by following the stages of suit. If you are filing contempt application,it will be regd.as CMA and will be conducted as suit.But if you are filing writ under Art.226 and therein if you are filing stay application which will be regd.as CMA,but it will not attract provisions of suit.

Suryanarayana Tangirala (Expert)
13 April 2010

It means that the courts are empowered to follow the same procedure as followed in suits even in proceeding other than suits( Original Petitions,EP'S,IA'S etc.,)



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