includes the proceedings under Order 9". Thus, the citation which has been cited by Mr. Chaddha loses its importance after the amendment of the C.P.C. The explanation is only explanatory and starts with the word "includes". Thus, the word 'includes' enlarges the scope of Section 141 C.P.C. and in proceedings of a miscellaneous nature which arise in a suit fall within the definition of Section 141 C.P.C. The explanation has been added in the C.P.C. to avoid the difficulties of the litigants and multiplicity of proceedings. If an application is filed in the original suit and the temporary injunction application is disposed off without the assistance of the original file then there will be chaos. The assistance of the original file is always taken while deciding the applications under Order 39, Rules1 and 2. Application under Order 39, Rules1 and 2 is a part and parcel of the suit and it cannot be excluded. After the adding of the explanation there remains nothing to be argued and the court was justified in applying the provisions of Order 11, Rule 12. The application of the present nonpetitioner plaintiff relating to Order 11, Rule 12 should be accepted and the present petitioner defendant is directed to file an affidavit under Order 11, Rule 13.
