Cpc 1908. Order XXI CPC 2019-02-21

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Legal Provisions of Section 60 of Code of Civil Procedure 1908, (C.P.C.)

cpc 1908

Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction- a the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or b any of the defendants, where there are more than one, at the time of the commencement of the suit actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or c the cause of action, wholly or in part, arises. It applies on the cases, which have been decided. Jurisdiction of Civil Courts barred. The exercise of inherent power vested in a court is based on the principle that no party can be allowed to take advantage of his own wrong in spite of the order to the contrary passed by the Court. Executing court can use inherent powers: It is settled law that power of a court to direct restitution is inherent in the court itself. Like the land registry, revenue records wher u could have known about the suit if a search was made? Jurisdiction: With the passage of time, jurisdiction of Court decreases.

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Legal Provisions of Section 60 of Code of Civil Procedure 1908, (C.P.C.)

cpc 1908

Power to order discovery and the like. To state otherwise, there is no final adjudication by the appellate court of the rights of the parties by the order of remand. It also includes parties in a suit, who may file suit, against whom suit may be filed, legal right of plaintiff, right to sue, pray for remedy, determination of legal right and its violation. Also the reasoning of the Judge which leads him to his decision, which may be reported and cited as an authority, if the matter is of importance, or can be treated as a precedent. B may sue A either in Calcutta or in Delhi. If defendant resides in Lahore and libel publishes in Multan, case may be instituted either in Lahore or Multan. Procedure in appeals from appellate decrees and orders.

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Civil Procedure Code 1908 (CPC)

cpc 1908

Jurisdiction: The Court where the case is to be brought must be competent to hear the case. Power to make up deficiency of court-fees. If there is no violation of right or injury caused then there is no cause of action. Suits by or against government: It is notable thing that where suit is brought by or against government or public officer, Chief Secretary or Chairman of the department or Collector is made party on government side in both cases either provincial or central. Relief for which appellant is entitled.

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Code of Civil Procedure (India)

cpc 1908

Where more causes of action are not joined which may be joined, it shall be presumed that party has relinquished the claim therefore it is advise-able that maximum possible causes of actions must be joined. What is Payment out of Court to decree-holder? All the simultaneous litigations shall be transferred to the Court where case is instituted very first time. There is nothing in Art. Simply because another view of the evidence may be taken is no ground by the High Court to interfere in its revisional jurisdiction; Masjid Kacha Tank, Nahan v. Provident Fund: The provident fund of the judgment-debtor a railway employee is not liable to attachment having regard to the provisions of section 60, Civil Procedure Code, and section 3 of the Provident Funds Act. In this connection reference may be made to the case of Narsingh, Das v. It is the duty of the Court to streamline the proceedings.

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Civil Procedure Code, 1908, O.13 R.4

cpc 1908

Every suit shall be instituted in the Court of the lowest grade competent to try it. The court has power to act under S. Order 35 is also related with procedure on inter-pleader suit. Illustration: A sues B for Rs. Although amendment in pleadings is allowed at any stage of proceedings but substantive amendment is not allowed. Her non-joining makes case defective.

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Code of Civil Procedure, 1908

cpc 1908

Convenience of defendant: It is basic and fundamental principle that while instituting the lawsuit, convenience of the defendant is taken into consideration rather than plaintiff. This is particularly true in cases, where publicly discussing cases sub judice may constitute interference with. The High Court does possess the power to recall and correct an invalid or manifestly erroneous order passed by it in the exercise of its jurisdiction under Art. Where the value of the suit is Rs. In such a contingency the right transforms into cash.

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Civil Procedure Code 1908 (CPC)

cpc 1908

It does not confer any substantive right on parties but is meant to get over the difficulties arising from rules of procedure. They must have right to file suit. Inherent power to amend decrees and orders: Every Court has an inherent power to vary or amend its own decree or order so as to carry out its own meaning. An action does not arise from a base cause, e. Plaintiff cannot be given more than what he has asked for.

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MCQS ON CPC 1908

cpc 1908

Power to order discovery and the like. Filing of formal application: Above application may also be filed under Order 7, Rule 11. Advocate whatever states at bar cannot be denied merely on the ground that plaintiff or appellant or petitioner was not present in Court and such statement was not passed in his presence. The amendments made by that section have no effect in respect of any proceedings arising out of a suit instituted before 1st June, 1937, see Act 9 of 1937, sec. And the plaintiff must be a person who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to such of the defendants as may be declared by the Court to be entitled to it. . Rent Controller is not a Court.

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Order XXI CPC

cpc 1908

His wrist and other portion of body received injury. Before the enactment of Banking Ordinance, the cases relating with banking were dealt in ordinary civil courts but after its enactment, special courts are constituted to deal with banking matters. In respect of such matters the court cannot disregard or go outside the letters of the enactment according to its true construction. Subordinate Court appears to have exercised a jurisdiction not vested in it by law. Committee to report to Supreme Court. Under Section 2 of the Act, a substantial risk of serious prejudice can only be created by a media report when proceedings are active.


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