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Section 141: Miscellaneous proceedings

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Act 1908
Section 140 All 158 Sections of Code of Civil Procedure Section 142

Legal Commentary & Landmark Judgments: Section 141

Section 141 establishes that the procedure provided in the CPC in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any court of civil jurisdiction, while explicitly excluding writ petitions under Article 226 of the Constitution.

  • Miscellaneous Civil Proceedings Integration: The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any court of civil jurisdiction.
  • Explanation Excluding Writ Petitions: Explanation added by Act 104 of 1976 explicitly clarifies that 'proceeding' does not include any proceeding under Article 226 of the Constitution.
  • Application to Probate, Succession & Arbitration: Extends CPC trial procedures (amendment, discovery, setting aside ex-parte orders) to probate petitions, guardianship proceedings, and land reference cases under the Land Acquisition Act.
Key Landmark Precedents:
  • Babubhai Muljibhai Patel v. Nandlal Khodidas Barot, (1974) 2 SCC 706: The Supreme Court authoritatively analyzed Section 141, holding that while CPC procedural rules do not govern Article 226 writ petitions rigidly, the broad principles of justice and natural justice apply.
  • Puran Ram v. Bhaguram, (2008) 4 SCC 102: The Supreme Court held that Section 141 allows procedural provisions of CPC (such as Order 6 Rule 17 amendment and Order 9 Rule 9 restoration) to apply to civil miscellaneous proceedings.
  • Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: Affirmed the wide application of Section 141 in standardizing civil court practice.
Courtroom Practice & Strategic Litigation Guidance:

In guardianship, probate, or land acquisition reference trials, invoke Section 141 to apply CPC provisions regarding temporary injunctions (Order 39), amendments (Order 6 Rule 17), and restoration (Order 9 Rule 9).

Section 140 All 158 Sections of Code of Civil Procedure Section 142