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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

A party seeks to invoke the procedure of the Code of Civil Procedure in a miscellaneous proceeding before a Court of civil jurisdiction. Which statement about Section 141 is correct?

Section 141 requires suit procedure to be followed as far as it can be made applicable in all proceedings in a Court of civil jurisdiction. Proceedings include those under Order IX but exclude proceedings under article 226 of the Constitution.

  1. ASuit procedure is followed as far as it can be made applicable, and proceedings include those under Order IX but not proceedings under article 226 of the ConstitutionCorrect
  2. BSuit procedure applies in full to every proceeding, including writ proceedings under article 226
  3. CSuit procedure applies only to proceedings under Order IX
  4. DSuit procedure applies only to Revenue Courts

Explanation

Section 141 applies the suit procedure, as far as applicable, to all proceedings in any Court of civil jurisdiction. The Explanation includes Order IX proceedings and excludes article 226 proceedings, so the writ-inclusive option is wrong.

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