www.Aaptaxlaw.com
   
 
 

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 XXVI COMMISSION TO EXAMINE WITNESSES - RULE 1, 2, 3, 4, 5, 6, 7, 8 OF CODE OF CIVIL PROCEDURE 1908

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

 

Cases in which Court may issue commission to examine witness, Order for commission, Where witness resides within Court's jurisdiction, Persons for whose examination commission may issue, Commission or request to examine witness not within India, Court to examine witness pursuant to Commission, Return of commission with depositions of witnesses and When depositions may be read in evidence are defined under Rule 1, 2, 3, 4, 5, 6, 7 and 8 of Order XXVI of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 1 Order XXVI of Code of Civil Procedure 1908 "Cases in which Court may issue commission to examine witness"

Any Court may in any suit issue a commission for the examination on interrogatories or otherwise of any person resident within the local limits of its jurisdiction who is exempted under this Code from attending the Court or who is from sickness or infirmity unable to attend it:

Provided that a commission for examination on interrogatories shall not be issued unless the Court, for reasons to be recorded, thinks it necessary so to do.

Explanation.-The Court may, for the purpose of this rule, accept a certificate purporting to be signed by a registered medical practitioner as evidence of the sickness or infirmity of any person, without calling the medical, practitioner as a witness.

Rule 2 Order XXVI of Code of Civil Procedure 1908 "Order for commission"

An order for the issue of a commission for the examination of a witness may be made by the Court either of its own motion or on the application, supported by affidavit or otherwise, of any party to the suit or of the witness to be examined.

Rule 3 Order XXVI of Code of Civil Procedure 1908 "Where witness resides within Court's jurisdiction"

A commission for the examination of a person who resides within the local limits of the jurisdiction of the Court issuing the same may be issued to any person whom the Court thinks fit to execute it.

Rule 4 Order XXVI of Code of Civil Procedure 1908 "Persons for whose examination commission may issue"

(1) Any Court may in any suit issue a commission 5[for the examination on interrogatories or otherwise of-

(a) any person resident beyond the local limits of its jurisdiction;

(b) any person who is about to leave such limits before the date on which he is required to be examined in Court; and

(c) any person in the service of the Government who cannot in the opinion of the Court, attend without detriment to the public service ;

Provided that where, under rule 19 of Order XVI, a person cannot be ordered to attend a Court in person, a commission shall be issued for his examination if his evidence is considered necessary in the interests of justice:

Provided further that a commission for examination of such person on interrogatories shall not be issued unless the Court, for reasons to be recorded, thinks it necessary so to do.

(2) Such commission may be issued to any Court, not being a High Court, within the local limits of whose jurisdiction such person resides, or to any pleader or other person whom the Court issuing the commission may appoint.

(3) The Court on issuing any commission under this rule shall direct whether the commission shall be returned to itself or to any subordinate Court.

Rule 5 Order XXVI of Code of Civil Procedure 1908 "Commission or request to examine witness not within India"

Where any Court to which application is made for the issue of a commission for the examination of a person residing at any place not within India is satisfied that the evidence of such person is necessary, the Court may issue such commission or a letter of request.

Rule 6 Order XXVI of Code of Civil Procedure 1908 "Court to examine witness pursuant to Commission"

Every Court receiving a commission for the examination of any person shall examine him or cause him to be examined pursuant thereto.

Rule 7 Order XXVI of Code of Civil Procedure 1908 "Return of commission with depositions of witnesses"

Where a commission has been duly executed, it shall be returned, together with the evidence taken under it, to the Court from which it was issued, unless the order for issuing the commission has otherwise directed, in which case the commission shall be returned in terms of such order; and the commission and the returned thereto and the evidence taken under it shall 8[(subject to the provisions of rule 8)] from part of the record of the suit.

Rule 8 Order XXVI of Code of Civil Procedure 1908 "When depositions may be read in evidence"

Evidence taken under a commission shall not be read as evidence in the suit without the consent of the party against whom the same is offered, unless-

(a) the person who gave the evidence is beyond the jurisdiction of the Court, or dead or unable from sickness or infirmity to attend to be personally examined, or exempted from personal appearance in Court, or is a 9[person in the service of the Government] who cannot, in the opinion of the Court, attend without detriment to the public service, or

(b) the Court in its discretion dispenses with the proof of any of the circumstances mentioned in clause (a) and authorizes the evidence of any person being read as evidence in the suit, notwithstanding proof that the cause for taking such evidence by commission has ceased at the time of reading the same.

 

Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap