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apple (student)     06 June 2011

CPC sections

Dear Members,

Is CPC Sections,rules, orders are applicable to Consumer cases and MACT cases. Can any one clarify my doubt for which i shall be very gratefu for all.

 

Regards,



Learning

 1 Replies

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     07 June 2011

CPC is mother of law in our country. It has various sections. Some sections pertain High courts, Supreme court etc. Thus, such sections and processes/rules in these sections will not be applicable to other courts. But, it  has many sections that addresses various situations that arise in litigation process. These commonalities are applicable in all court and in all types of cases in those courts. CPC is supreme in that sense.

Eg: Adjournment is definitely a litigation ISSUE. It can arise in consumer court, criminal court, tribunal etc. Law is same in all these courts. There can be variances in circumstances and the way it is invoked etc. But, law on adjournment is same. Thus, CPC is definitely applicable. The fundamental characteristic of the rule will remain same. But, the specific court might have fine tuned it. Still that fine tuning cannot violate fundamental structure of CPC.


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