Civil Procedure Code, 1908

Civil Procedure Code, 1908—Section 98(2)—Travancore-Cochin High Court Act, Section 23—Kerala High Court Act, Section 9—Held, Section 23 of the Travancore-Cochin Act is in the nature of a special provision while Section 98(2) is in the nature of general law— As between the two, the former would apply in preference to the latter—The decision of this Court in P.V. Hemlatha’s v. Kattamkandi Puthiya Maliackal Saheeda and Anr. 2005 (5) SCC 548 to the extent it takes a contrary view, requires to be reconsidered—Matter referred to larger bench.