Sunday, May 10, 2020

KEY Provision-Interim Application-Civil Suit

Interim Applications in civil suit and it's provision...
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-S.10 of C.P.C. - stay of subsequent suit.

-S.148 of C.P.C.-enlargement of time where any period is fixed/granted by court for doing any act/allowed by the code.

-S.153 of C.P.C.-general power to amend any defect /error in any suit.


-O.1R.10 of CPC- add/substitute/strike party (Plaintiff/Defendant) to suit .

-O.2R.2 of CPC- with leave of court- omits to file suit in respect of all reliefs accrued in respect of same cause of action.

-O.5R.20 of CPC- substituted service of summons- by fixing copy of summons on conspicuous place of court / house of defendant, advertisement in a local daily newspaper.

-O.5R.24-service of summons on defendant who is in prison.

-O.5R.25 of. CPC- service of summons  on defendant who resides out of India and has no agent in India.

-O.5R.28-of CPC- service of summons on soldiers, sailors, airmen.

- O.6R.17 of CPC- amendment of pleading - All applications  for amendment of pleading shall be signed and verified as required R.14/15 of O.6 of CPC -please see/peruse para 79 (chapter V) of Civil Manual.

-O.7R.10 of CPC-return of plaint-procedure - application.

-O.11R.2 of CPC -application for interrogatories, R 4 it's form, R 8,9 it's answer, form.

-O.11R.14 of CPC- order the production of documents by any party- document relating to matter in question.

-O.13R.2 of CPC- production of documents after settlement of issues.

-O.13R.10 of CPC- either send/call -record of suit -which is in other court.

-O.14R.5 of CPC- amend and strike out issues- at any time.

- O.16R.5,6- witness summons to give evidence/ production of document.

-O.16R.10 - procedure if witness fails to comply with summons.

-O.16A R.2,3 of CPC-witness summons to person who detained in prisons.

-O22R.2,3 of CPC - bringing legal heirs on record.

-O22R.4(4) of CPC- exemption to take Lrs on record.

- O23R.1 withdrawal of suit with or without permission to file fresh suit.

-O26 R.4/5/9/10A/10B/10C/11/13-commission for examination of person/ examination of person who reside out of India/local investigation/for scientific investigation/performance of ministerial act/ sale of movable property/examine or adjust accounts/partition of immovable property .

-O37R.3(5) of CPC- leave to defend in summary suit-within 10 days from service of summons for judgement.

- O39 R1(a) of CPC -any party to suit (plaintiff/defendant) can file T.I. application- if suit property is in danger/wasted/damaged/alienated/, wrongfully sold in execution.O39R1(b)(c)- plaintiff can can file T.I. application for protection of possession against defendant.

-O39R.2 of CPC- plaintiff may at any time after commencement of  suit,either before or after judgement may apply for T.I.

-O39R.4 of CPC- application for discharge, verify, set aside of injunction order.

O.39R.7 of CPC - application by any party for detention,peservation, inspection, etc of suit property.

-O40R.1 of CPC- Appointment of receiver.

-O.41R.5(2) of CPC-stay by court which passed the decree.

........Please comment and give suggestions....







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