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The Nature and Trial of Miscellaneous Proceedings

By Sri S. M. Deka

Published In

Air 2005

The Beginning Part XI of the Code of Civil Procedure (CPC hereinafter) 1908 with the heading “Miscellaneous” contains twenty eight sections. Courts routinely exercise powers in the conduct of Civil proceedings before it traceable to one or the other of the provisions contained in this part of CPC. But except for the provisions of Section 151 CPC finding place in this part the Courts are hardly concerned about the niceties of these powers. Though not as frequently misconceived and misapplied by lawyers and Judges alike as Section 151 is, Section 141 occurring almost in the middle of Part XI of the CPC during its existence in the Statute Book for nearly a century and a half has been as efficacious in inspiring divergent submissions and producing conflicting judicial opinions. Evolution of the law in Section 141, CPC, the conflicting views on its interpretation, the attempt at resolution of the conflict and the ramifications of such attempts make ....

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