Legal Representative

Code of Civil Procedure

Meaning The expression ‘legal representative’ has been defined under section 2(11) the Code of Civil Procedure, 1908 which provides that: “Legal representative means a person who in law represents the estate of decreased person, and includes any person who intermeddles with the estate of the decreased and where a party sues or is sued in … Read more

Order under C.P.C.

Code of Civil Procedure

Meaning According to section 2(14) of the Code of Civil Procedure, 1908, ‘Order’ means the formal expression of any decision of a Civil Court which is not a ‘Decree’. Thus as per the definition provided under the Code, the adjudication of a court which is not a ‘decree’ is an ‘order’. An ‘order’ of a … Read more

What is Preliminary Decree?

Code of Civil Procedure

The word ‘Preliminary’ essentially means something done in the preparatory stage to assist the final action. Preliminary decree is an important concept under the Civil Procedure Code. The Code doesn’t define a preliminary decree per se but it defines what a decree is. From the definition and explanation, we can find out what is preliminary decree. Section 2 (2) … Read more

Provisions relating to Cost in C.P.C.

Code of Civil Procedure

In civil proceedings, cost shall follow the event. Section 35 of the Code of Civil Procedure contains the provision as to costs. The cost of an incident to all suits are in the discretion of the Court. The court shall have full power to determine by order out of what property and what extent such … Read more

Signing and Verification of Pleadings

Code of Civil Procedure

*Deepak Miglani Verification of pleadings basically means checking or proof reading the pleadings. It is done either by one or all the parties or anyone who knows the details of the case. Thus, Verification of pleadings includes verification of both plaint and written statement. The objective of verification is to check that all the details written … Read more