What is the order 10 CPC?
What is the order 10 CPC?
(2) At any subsequent hearing, the Court may orally examine any party appearing in person or present in Court, or any person, able to answer any material question relating to the suit, by whom such party or his pleader is accompanied. …
What is order 22 rule 9 cpc?
Effect of abatement or dismissal. (1) Where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the same cause of action.
How many sections order and rule in CPC?
51 Orders
The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules.
What is the Section 151 CPC?
Section 151 of CPC Section 151 deals with “Saving of inherent powers of Court.” This Section states that ‘Nothing in CPC shall be considered to restrict or otherwise affect the inherent power of the Court to make such orders as may be important for the ends of justice or to limit abuse of the method of the Court.
What is stay of suit in CPC?
Explanation- The pendency of a suit in a foreign Court does not preclude the Courts in 1[India] from trying a suit founded on the same cause of action. …
Who can apply for execution?
1) Who can make application for execution? The decree holder himself. His legal representative if the decree holder is dead. Any person claiming under the decree holder.
Who is an indigent person as 33 of CPC 1908?
Summarizing up the indigent person under Order 33 is one who is either not possessed of sufficient means to pay court fee when such fee is prescribed by law or is not entitled to property worth one thousand rupees when such court fee is not prescribed.
What is abatement of suit in CPC?
Abatement. Abatement refers to a situation in which when any of the party in a civil suit dies and if their right to sue survives then the suit can be continued by the legal representative or legal heirs of the deceased party.
Can there be two final decree in a suit?
A decree may be partly preliminary and partly final. It is settled law that there can be more than one preliminary decrees in a suit. Similarly, there can be more than one final decrees in a suit.
Who is the father of CPC?
Sir Arthur Hobhouse (later Lord Hobhouse), who was the then Law Member, made substantial contribution to the draft Bill. With certain modifications, the Bill was enacted as the Code of Civil Procedure, 1877. 4. Soon after the enactment of the Code of 1877, it was realised that the new Code required several amendments.
What is Order 1 Rule 10 CPC?
Order 1 Rule 10 of Code of Civil Procedure (herein after referred as C.P.C.,) enables the court to add any person as party at any stage of the proceedings, if the person whose presence before the court is necessary in order to enable the court effectively and completely adjudicate upon and settle all the questions …
What is Order 21 of CPC?
Order 21 of the Code of Civil Procedure deals with the solemn act of execution of the decrees passed by the Courts from grassroots to the top. It is only the execution, which reveals and signifies the importance of the decrees to be passed and the pedestal of the Court and sanctity of the document.
What is Impleadment in CPC?
It is a well-settled principle that it is for the plaintiff in a suit to bring the parties against whom he has any dispute and to implead them as defendants in the suit filed for necessary relief. This also means master of a suit. This is the party who has a real interest in the decision of a case.
How many rules are there in order 1 CPC?
The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India. The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules.
What is an implead petition?
verb (used with object), im·plead·ed, im·plead·ing. to sue in a court of law. to bring (a new party) into an action because he or she is or may be liable to the impleading party for all or part of the claim against that party. to accuse; impeach.
What is meant by discovery and inspection according to CPC?
As per Rule 20, a discovery is termed as premature discovery or inspection: 1) When the right to discovery is based on the determination of any issue or question in dispute; or. 2) For any reason, it is desirable that any issue or question in a suit should be determined before deciding upon the right of discovery.
How do you Implead a third party?
Even without an application to be impleaded as a party, the court may, at any stage of the proceedings order that the name of any party, who out to have been joined whether as plaintiff or defendant or whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate …
Can a third party be Impleaded in injunction suit?
The Supreme Court has held that injunction orders with respect to a suit property cannot be passed in detriment to the interest of third parties who are directly affected by it, without impleading them or giving them an opportunity of being heard.
When a court can strike out a pleading?
The court can strike off the pleadings only if it is satisfied that the same are unnecessary, scandalous, frivolous or vexatious or tend to prejudice, embarrass or delay the fair trial of the suit or the court is satisfied that suit is an abuse of the process of the court.
What does the word Implead mean?
Legal Definition of implead : to bring into a lawsuit specifically : to bring (a third party who is or may be liable to the plaintiff or defendant) into a suit — compare interplead, intervene, join.
