Discovery and Inspection of Documents

Code of Civil Procedure

The provisions of discovery and inspection of documents are not being used in the same way as other provisions of Civil Procedure Code.The parties might obtain clarifications at the very beginning of the lawsuit by filing an application for document discovery. It can help the court in  framing of issues. Document discovery and inspection are optional. These … Read more

Difference between sections and orders

Code of Civil Procedure

In this article we will learn about the difference between sections and orders. Code of civil procedure is divided into sections,orders and appendices. Laws can be divided into two groups. 1. Substantive Laws 2. Procedural Laws or Adjective Laws. Whereas substantive laws determine rights and liabilities of parties, adjective or procedural law prescribes the practice, procedure and … Read more

Questions on Code of Civil Procedure (C.P.C.)

Code of Civil Procedure

This post contain the questions which can be asked on Code of Civil Procedure. Examiner frame the question paper by using these questions. CHAPTER I INTRODUCTION Question No. 1.:- Discuss briefly the scope and object of the Civil Procedure Code, 1908, as amended up to date. Is the Code complete in itself? CHAPTER II SHORT … Read more

How can a fake will be challenged in court?

Will is the last wish of any person. If a person has earned any money and that money is split between his movable and immovable property, he or she may make a will about that property while still alive. A person’s decision regarding his property during his lifetime constitutes a will, and that decision must … Read more

Interpleader Suit

Meaning of Interpleader Suit To interplead” means “to litigate with each other to settle a point concerning a third party. ” An interpleader suit is a proceeding by which a person from whom some persons are claiming same property, debt or money and who does not himself claim such property debt or money and neither … Read more

Suits by or Against Minors and Lunatics

Code of Civil Procedure

Order XXXII(32) of Civil Procedure Code deals with suits by or against minors and lunatics. According to section 37 of the Majority Act, 1875, “a minor is a person who has not attained the age of 18 years. But in the case of a minor of whose person or property a guardian or next friend … Read more

Res Subjudice

Code of Civil Procedure

The word ‘Res Subjudice’ has a Latin origin. ‘Res’ means ‘thing’ or ‘matter’ and ‘Sub judice’ means ‘under consideration of court’ or ‘under a judge’. So, Res Subjudice means matter which is under the consideration of the court. This concept was originated from Roman law as Res Subjudicatae. In the ancient Hindu law, it was … Read more

Constructive Res Judicata

Code of Civil Procedure

The rule of constructive res judicata in Section 11 of the Civil Procedure Code is an artificial form of res judicata. It provides that if a plea has been taken by a party in a proceeding between him and the defendant he will not be permitted to take pleas against the same party in the following proceeding … Read more

Jurisdiction of Civil Courts

Code of Civil Procedure

Meaning ‘Jurisdiction’ may be defined to be the power or authority of a court to hear and determine a cause, to adjudicate and exercise any judicial power in relation to it. In other words, by jurisdiction is meant the authority which the court has to decide matters that are litigated before it or to take … Read more

Mesne Profit

Code of Civil Procedure

Introduction The essential premise that governs the operation of the Code of Civil Procedure, 1908 is ubi jus ibi remedium, which means “where there is a right, there is a remedy.” Because it is the law of nature to grant the right to compensation where a legal right has been infringed or breached, the concept … Read more