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CODE OF CIVIL PROCEDURE 1908

ORDER XVI SUMMONING ATTENDANCE OF WITNESSES

What is List of witnesses and summons to witnesses? What is the procedure for Production of witnesses without summons? What is the meaning of Expenses of witness to be paid into Court on applying for summons? How to Tender of expenses to witness? What is the Procedure where insufficient sum paid in? What is the meaning of Time, place and purpose of attendance to be specified in summons? What is Summons to produce document? What is Power to require persons present in Court to give evidence or produce document? Rule 1, 2, 3, 4, 5, 6 and 7 of Order XVI of Code of Civil Procedure 1908

 

 

Summons how served? What is the Time for serving summons? What is the Procedure whose witness fails to comply with summons? What is the meaning If witness appears attachment may be withdrawn? What is the Procedure if witness fails to appear? What is the Mode of attachment? What is the meaning of Court may of its own accord summon as witnesses strangers to suit? Rule 8, 9, 10, 11, 12, 13 and 14 of Order XVI of Code of Civil Procedure 1908

What is the Duty of persons summoned give evidence or produce document? When they may depart? What is Application of rule 10 to 13, Procedure where witness apprehended cannot give evidence or produce document? What is the meaning of No witness to be ordered to attend in person unless resident within certain limits? What is the Consequence of refusal of party to give evidence when called on by Court? What are the Rules as to witnesses to apply to parties summoned? Rule 15, 16, 17, 18, 19, 20 and 21 of Order XVI of Code of Civil Procedure 1908

ORDER XVII A SUMMONING ATTENDANCE OF WITNESSES

What are the Definitions? What is the Power to require attendance of prisoners to give evidence? What are the Expenses to be paid into Court? What is the Power of State Government to exclude certain persons from the operation of rule 2? What is the meaning of officer in charge of prison to abstain from carrying out order in certain cases? What is the meaning Prisoners to be brought to Court in custody? What is the Power to issue commission for examination of witness in prison? Rule 1, 2, 3, 4, 5, 6 and 7 of Order XVII A of Code of Civil Procedure 1908

ORDER XVIII SUMMONING ATTENDANCE OF WITNESSES

What is Right to begin? What is Statement and production of evidence? What is the Evidence where several issues? What is the meaning of Party to appear before other witnesses? Is Witnesses to be examined in open Court? How evidence shall be taken in appealable cases? When deposition to be interpreted? Rule 1, 2, 3, 4, 5 and 6 of Order XVIII of Code of Civil Procedure 1908

What is Evidence under section 138? What is Memorandum when evidence not taken down by Judge? When evidence may be taken in English? Any particular question and answer way he taken down? What are the Questions objected to and allowed by Court? What is Remarks on demeanour of witnesses? Rule 7, 8, 9, 10, 11 and 12 of Order XVIII of Code of Civil Procedure 1908

What is Memorandum of evidence in unappealable cases? When Judge unable to make such memorandum to record reasons of his inability? What is the Power to deal with evidence taken before another Judge? What is the Power to examine witness immediately? What is the meaning Court may recall and examine witness? What is Production of evidence not previously known or which could not be produced despite due diligence? What is the Power of Court to inspect? Rule 13, 14, 15, 16, 17, 17A and 18 of Order XVIII of Code of Civil Procedure 1908

 

 

ORDER XIX AFFIDAVITS

What is the Power to order any point to be proved by affidavit? What is the Power to order attendance of deponent for cross-examination? Matters to which affidavits shall be confined? Rule 1, 2 and 3 of Order XIX of Code of Civil Procedure 1908

ORDER XX JUDGMENT AND DECREE

Judgment when pronounced? What is the Power to pronounce judgment written by judge's predecessor? Is Judgment to be signed? What is Judgments of Small Cause Courts? What is the meaning Court to state its decision on each issue? What is the meaning of Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders? What are the Contents of decree? Is Last paragraph of judgment to indicate in precise terms the reliefs granted? Copies of typewritten judgments when to be made available, What is the Date of decree? Rule 1, 2, 3, 4, 5, 5A, 6, 6A, 6B and 7 of Order XX of Code of Civil Procedure 1908

What is the Procedure where Judge has vacated office before signing decree? What is Decree for recovery of immovable property? What is Decree for delivery of movable property? What is the meaning Decree may direct payment by installments? What is Decree for possession and mesne profits? What is Decree in administration suit? What is Decree in pre-emption suit? Rule 8, 9, 10, 11, 12, 12A, 13 and 14 of Order XX of Code of Civil Procedure 1908

What is Decree in suit for dissolution of partnership? What is Decree in suit for account between principal and agent? What is Special directions as to accounts? What is Decree in suit for partition of property or separate possession of a share therein? Decree when set-off or counter-claim is allowed? What is the meaning of Certifies copies of judgment and decree to be furnished? Rule 15, 16, 17, 18, 19 and 20 of Order XX of Code of Civil Procedure 1908

ORDER XX JUDGMENT AND DECREE - RULE 15, 16, 17, 18, 19, 20 OF CODE OF CIVIL PROCEDURE 1908

What is Decree in suit for dissolution of partnership? What is Decree in suit for account between principal and agent? What is Special directions as to accounts? What is Decree in suit for partition of property or separate possession of a share therein? Decree when set-off or counter-claim is allowed? What is the meaning of Certifies copies of judgment and decree to be furnished? Rule 15, 16, 17, 18, 19 and 20 of Order XX of Code of Civil Procedure 1908

Decree in suit for dissolution of partnership, Decree in suit for account between principal and agent, Special directions as to accounts, Decree in suit for partition of property or separate possession of a share therein, Decree when set-off or counter-claim is allowed and Certifies copies of judgment and decree to be furnished are defined under Rule 15, 16, 17, 18, 19 and 20 of Order XX of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 15 Order XX of Code of Civil Procedure 1908 "Decree in suit for dissolution of partnership"

Where a suit is for the dissolution of a partnership, or the taking of partnership accounts, the Court, before passing a final decree, may pass a preliminary decree declaring the proportionate shares of the parties, fixing the day on which the partnership shall stand dissolved or be deemed to have been dissolved, and directing such accounts to be taken, and other acts to be done, as it thinks fit.

Rule 16 Order XX of Code of Civil Procedure 1908 "Decree in suit for account between principal and agent"

In a suit for an account of pecuniary transactions between a principal and an agent, and in any other suit not hereinbefore provided for, where it is necessary, in order to ascertain the account of money due to or from any party, that an account should be taken, the Court shall, before passing its final decree, pass a preliminary decree directing such accounts to be taken as it thinks fit.

Rule 17 Order XX of Code of Civil Procedure 1908 "Special directions as to accounts"

The Court may either by the decree directing an account to be taken or by any subsequent order give special directions with regard to the mode in which the account is to be taken or vouched and in particular may direct that in taking the account the books of account in which the accounts in question have been kept shall be taken as prima fade evidence of the truth of the matters therein contained with liberty to the parties interested to take such objection thereto as they may be advised.

Rule 18 Order XX of Code of Civil Procedure 1908 "Decree in suit for partition of property or separate possession of a share therein"

Where the Court passes a decree for the partition of property or for the separate possession of a share therein, then,-

(1) if and in so far as the decree relates to an estate assessed to the payment of revenue to the Government, the decree shall declare the rights of the several parties interested in the property, but shall direct such partition or separation to be made by the Collector, or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with such declaration and with the provisions of section 54;

(2) if and in so far as such decree relates to any other immovable property or to movable property, the Court may, if the partition or separation cannot be conveniently made without further inquiry, pass a preliminary decree declaring the rights of the several parties interested in the property and giving such further directions as may be required.

Rule 19 Order XX of Code of Civil Procedure 1908 "Decree when set-off or counter-claim is allowed"

(1) Where the defendant has been allowed a set-off or counter-claim against the claim of the plaintiff, the decree shall state what amount is due to the plaintiff and what amount is due to the defendant, and shall be for the recovery of any sum which appears to be due to either party.

(2) Appeal from decree relating to set-off or counter-claim- An decree passed in a suit in which a set-off 98[or counter-claim] is claimed shall be subject to the same provisions in respect of appeal to which it would have been subject if no set-off or counter-claim had been claimed.

(3) The provisions of this rule shall apply whether the set-off is admissible under rule 6 of Order VIII or otherwise.

Rule 20 Order XX of Code of Civil Procedure 1908 "Certifies copies of judgment and decree to be furnished"

Certified copies of the judgment and decree shall be furnished to the parties on application to the Court, and at their expense.

 

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