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CODE OF CIVIL PROCEDURE 1908

ORDER XXII DEATH, MARRIAGE AND INSOLVENCY OF PARTIES

What is the meaning of No abatement by party's death if right to sue survives? What is the Procedure where one of several plaintiffs or defendants dies and right to sue survives? What is the Procedure in case of death of one of several plaintiff or of sole plaintiff? What is the Procedure in case of death of one of several defendants or of sole defendant? What is Determination of question as to legal representative? What is the meaning of No abatement by reason of death after hearing? Rule 1, 2, 3, 4, 5 and 6 of Order XXII of Code of Civil Procedure 1908

 

 

What is the meaning of Suit not abated by marriage of female party? When plaintiffs insolvency bars suit? What is the Effect of abatement or dismissal? What is the Procedure in case of assignment before final order in suit? What is the Duty of pleader to communicate to Court death of a party? What is Application of Order to appeals? What is Application of Order to proceedings? Rule 7, 8, 9, 10, 10A, 11 and 12 of Order XXII of Code of Civil Procedure 1908

ORDER XXIII WITHDRAWAL AND ADJUSTMENT OF SUITS

What is Withdrawal of suit or abandonment of part of claim? Rule 1 of Order XXIII of Code of Civil Procedure 1908

ORDER XXIV PAYMENT INTO COURT

What is the meaning of Deposit by defendant of amount in satisfaction of claim? What is Notice of deposit? Is Interest on deposit not allowed to plaintiff after notice? What is the Procedure where plaintiff accepts deposit as satisfaction in part? Rule 1, 2, 3 and 4 of Order XXIV of Code of Civil Procedure 1908

ORDER XXV SECURITY FOR COSTS

When security for costs may be required front plaintiff? What is the Effect of failure to furnish security? Rule 1 and 2 of Order XXV of Code of Civil Procedure 1908

 

 

ORDER XXVI COMMISSIONS

What are the Cases in which Court may issue commission to examine witness? What is Order for commission? Where witness resides within Court's jurisdiction? Persons for whose examination commission may issue? Process when Commission or request to examine witness not within India? Is Court to examine witness pursuant to Commission? What is Return of commission with depositions of witnesses? When depositions may be read in evidence? Rule 1, 2, 3, 4, 5, 6, 7 and 8 of Order XXVI of Code of Civil Procedure 1908

What are Commissions to make local investigations? What is Procedure of Commissioner? What is Commission for scientific investigations? Who will be in Commission for performance of a ministerial act? How to constitute Commission for the sale of movable property? Rule 9, 10, 10A, 10B and 10C of Order XXVI of Code of Civil Procedure 1908

What is Commission to examine or adjust accounts? What is the meaning Court to give Commissioner necessary instructions? What is Commission to make partition of immovable property? What is Procedure of Commissioner? Rule 11, 12, 13 and 14 of Order XXVI of Code of Civil Procedure 1908

Is Expenses of commission to be paid into Court? What are the Powers of Commissioners? What are the Questions objected to before the Commissioner? Attendance and examination of witnesses before Commissioner, Are Parties to appear before Commissioner? Application of Order to execution proceedings, Is Court to fix a time for return of commission? Rule 15, 16, 16A, 17, 18, 18A and 18B of Order XXVI of Code of Civil Procedure 1908

What are the cases in which High Court may issue commission to examine witness? What is Application for issue of commission? To whom commission may be issued? How to Issue, execution and return of commissions, and transmission of evidence to foreign Court? Rule 19, 20, 21 and 22 of Order XXVI of Code of Civil Procedure 1908

ORDER XXVII SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

What are the Suits by or against Government? Who are Persons authorised to act for Government? What is Plaints in suits by or against Government? What is the meaning of Agent for Government to receive process? What is Fixing of day for appearance on behalf of Government? Is Government to be joined as a party in a suit against a public officer? What is the Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement? Attendance of person able to answer questions relating to suit against Government, Extension of time to enable public officer to make reference to Government, What is the Procedure in suits against public officer? Is No security to be required from Government or a public officer in certain cases? What is Definitions of "Government" and "Government pleader"? Rule 1, 2, 3, 4, 5, 6, 7, 8A and 8B of Order XXVII of Code of Civil Procedure 1908

ORDER XXVII A SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THE VALIDITY OF ANY STATUTORY INSTRUMENT

Notice to the Attorney General or the Advocate - General, What is the Procedure in suits involving validity of any statutory instrument? Court may add Government as party? What is the Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument? Costs, What is Application of Order to appeals? Rule 1, 1A, 2, 2A, 3 and 4 of Order XXVII A of Code of Civil Procedure 1908

ORDER XXVIII SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN

Can Officers, soldiers, sailors or airmen who cannot obtain leave may authorize any person to sue or defend for them? Person so authorized may act personally or appoint pleader, Service on person so authorized, or on his pleader, to be good service? Rule 1, 2 and 3 of Order XXVIII of Code of Civil Procedure 1908

ORDER XXIX SUITS BY OR AGAINST CORPORATIONS

What is Subscription and verification of pleading? How Service on corporation? What is Power to require personal attendance of officer of corporation? Rule 1, 2 and 3 of Order XXIX of Code of Civil Procedure 1908

ORDER XXX SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN

How is Suing of partners in name of firm? Disclosure of partners’ names, Service, What are the Rights of suit on death of partner? Notice in what capacity served? Appearance of partners, No appearance except by partners, What is Appearance under protest? Suits between co-partners, Suit against person carrying on business in name other than his own ? Rule 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Order XXX of Code of Civil Procedure 1908

ORDER XXV SECURITY FOR COSTS - RULE 1, 2 OF CODE OF CIVIL PROCEDURE 1908

When security for costs may be required front plaintiff? What is the Effect of failure to furnish security? Rule 1 and 2 of Order XXV of Code of Civil Procedure 1908

 

When security for costs may be required front plaintiff and Effect of failure to furnish security are defined under Rule 1 and 2 of Order XXV of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 1 Order XXV of Code of Civil Procedure 1908 "When security for costs may be required front plaintiff"

(1) At any stage of a suit,. the Court may, either of its own motion or on the application of any defendant, order the plaintiff, for reasons to be recorded, to give within the time fixed by it security for the payment of all costs incurred and likely to be incurred by any defendant.

Provided that such an order shall be made in all cases in which it appears to the Court that a sole plaintiff is, or (when there are more plaintiffs than one) that all the plaintiffs are, residing out of India and that such plaintiff does not posses or that no one of such plaintiffs possesses any sufficient immovable property within India other than the property in suit.

(2) Whoever leaves India under such circumstances as to afford reasonable probability that he will not be forthcoming whenever he may be called upon to pay costs shall be deemed to be residing out of India within the meaning of the proviso to sub-rule (1)

Rule 2 Order XXV of Code of Civil Procedure 1908 "Effect of failure to furnish security"

1) In the event of such security not being furnished within the time fixed, the Court shall make an order dismissing the suit unless the plaintiff or plaintiffs are permitted to withdraw therefrom.

(2) Where a suit is dismissed under this rule, the plaintiff may apply for an order to set the dismissal aside and, if it is proved to the satisfaction of the Court that he was prevented by any sufficient cause from furnishing the security within the. time allowed, the Court shall set aside the dismissal upon such terms as to security, costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit.

(3) The dismissal shall not be set aside unless notice of such application has been served on the defendant.

 

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