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Report No. 144

9.3.6. Recommendation.-

We find the Kerala reasoning persuasive and would recommend its adoption.

9.3.7. The object could be achieved by inserting in Order 33, new rule 4A, in these terms:-

"4A. Return of application beyond jurisdiction.-The court shall return an application to the applicant for presentation to the proper court if the averments made by the applicant in the application show that the suit would be beyond the jurisdiction of the Court."

9.4. Order 34, Code of Civil Procedure, and Mortgages of Movables

9.4.1. Order 34, of the Code of Civil Procedure, makes certain provisions as to suits on mortgages. The heading of the Order shows that it is confined to mortgage of immovable property.



Conflicting Judicial Decisions pertaining to the Code of Civil Procedure Back




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