Report No. 55

14. Position under Order 20, rule 11, C.P.C.-

Section 34 may be over-ridden by special provisions. For example, it has been held that where instalments are ordered under Order 20, rule 11, of the Code of Civil Procedure, the restriction in section 34 does not apply1.

1. Govardhandas v. Valmji Khatsi, AIR 1967 Guj 276 (Bhagwati and A.D. Desai JJ.).