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Jackson RuleofLaw (warrior)     11 October 2013

Applicability of order '39' rule '11' to dv case

Against Maintenance Order u/s '23' , I had moved Sessions  Court  an  Appeal u/s '29' of DV Act & Application for stay. The Sessions  had asked to submit 'Paper Book' and fixed date for admittance arguments and stay. In the mean time, the Applicant  has  moved application before Trial Court  with a Prayer to strike down defence due to non payment   under  Order 39 rule 11 r/w section 151 of Civil Procedure Code.

Query:-

(A)) Is  Civil Procedure Code applicable to case under DV Act?

(B)  Any citation on the subject ?

(C) Is application maintainable when  my Appeal  before Sessions Court  is still under consideration?

Thanks  & Greetings on Dusherra



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