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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 XXVI COMMISSION FOR LOCAL INVESTIGATIONS - RULE 9, 10, 10A, 10B, 10C 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

Commissions to make local investigations, Procedure of Commissioner, Commission for scientific investigations, Commission for performance of a ministerial act, Commission for the sale of movable property are defined under Rule 9, 10, 10A, 10B and 10C of Order XXVI of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 9 Order XXVI of Code of Civil Procedure 1908 "Commissions to make local investigations"

In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market-value of any property, or the amount of any mesne profits or damages or annual net profits, the Court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the Court:

Provided that, where the State Government has made rules as to the persons to whom such commission shall be issued, the Court shall be bound by such rules.

Rule 10 Order XXVI of Code of Civil Procedure 1908 "Procedure of Commissioner"

(1) The Commissioner, after such local inspection as he deems necessary and after reducing to writing the evidence taken by him, shall return such evidence, together with his report in writing signed by him, to the Court.

(2) Report and depositions to be evidence in suit. Commissioner may be examined in person - The report of the Commissioner and the evidence taken by him (but not the evidence without the report) shall be evidence in the suit and shall form part of the record; but the Court or, with the permission of the Court, any of the parties to the suit may examine the Commissioner personally in open Court touching any of the matters referred to him or mentioned in his report, or as to his report, or as to the manner in which he has made the investigation. -

(3) Where the Court is for any reason dissatisfied with the proceedings of the Commissioner, it may direct such further inquiry to be made as it shall think fit.

Commissions for scientific investigation, performance of ministerial act and sale of movable property.

Rule 10A Order XXVI of Code of Civil Procedure 1908 "Commission for scientific investigations"

 (1) Where any question arising in a suit involves any scientific investigation which cannot, in the opinion of the Court, be conveniently conducted before the Court, the Court may, if it thinks it necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to inquire into such question and report thereon to the Court.

(2) The provisions of rule 10 of this Order shall, as far as may be, apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.

Rule 10B Order XXVI of Code of Civil Procedure 1908 "Commission for performance of a ministerial act"

(1) Where any question arising in a suit involves the performance of any ministerial act which cannot, in the opinion of the Court, be conveniently performed before the Court, the Court may, if, for reasons to be recorded, it is of opinion that it is necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to perform that ministerial act and report thereon to the Court.

(2) The provisions of rule 10 of this Order shall apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.

Rule 10C Order XXVI of Code of Civil Procedure 1908 "Commission for the sale of movable property"

(1) Where, in any suit, it becomes necessary to sell any movable property which is in the custody of the Court pending the determination of the suit and which cannot be conveniently preserved, the Court may, if, for reasons to be recorded, it is of opinion that it is necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to conduct such sale and report thereon to the Court.

(2) The provisions of rule 10 of this Order shall apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.

(3) Every such sale shall be held, as far as may be, in accordance with the procedure prescribed for the sale of movable property in execution of a decree.

 

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