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CODE OF CIVIL PROCEDURE 1908

ORDER XXXI SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS

What is Representation of beneficiaries in suits concerning property vested in trustees, etc.? What is Joinder of trustees, executors and administrators? Is Husband of married executrix not to join? Rule 1, 2 and 3 of Order XXXI of Code of Civil Procedure 1908

 

 

ORDER XXXII SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND

Can Minor to sue by next friend? Where suit is instituted without next friend, plaint to be taken off the file? Security to be furnished by next friend when so ordered, Should Guardian for the suit to be appointed by Court for minor defendant? Who may act as next friend or be appointed guardian for the suit? Representation of minor by next friend or guardian for the suit, Receipt by next friend or guardian for the suit of property under decree for minor, Agreement or compromise by next friend or guardian for the suit, Retirement of next friend? Rule 1, 2, 3, 4, 5, 6, 7 and 8 of Order XXXII of Code of Civil Procedure 1908

What is Removal of next friend? What is Stay of proceedings on removal, etc., of next friend? How is the Retirement, removal or death of guardian for the suit? What is the Course to be followed by minor plaintiff or applicant or attaining majority? Where minor co-plaintiff attaining majority desires to repudiate suit? What is Unreasonable or improper suit? Rules 1 to 14 (except rule 2A) to apply to persons of unsound mind, Savings, Rule 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of Order XXXII of Code of Civil Procedure 1908

ORDER XXXII A SUITS RELATING TO MATTERS CONCERNING THE FAMILY

What is Application of the Order? Are Proceedings to be held in camera? What is the Duty of Court to make efforts for settlement? How to get Assistance of welfare expert? What is the Duty to inquire into facts? What is "Family"-meaning of? Rule 1, 2, 3, 4, 5 and 6 of Order XXXII A of Code of Civil Procedure 1908

 

 

ORDER XXXIII SUITS BY INDIGENT PERSONS

What is the meaning of Suits may be instituted by indigent person? What Inquiry into the means of an indigent person? What is Contents of application? What is Presentation of application? What is Examination of applicants? What is Rejection of application? What is Notice of day for receiving evidence of applicant’s indigency? Rule 1, 2, 3, 4, 5 and 6 of Order XXXIII of Code of Civil Procedure 1908

What is the Procedure at hearing? What is the Procedure if application admitted? What is Withdrawal of permission to sue as an indigent person? What is Costs where indigent person succeeds? What is the Procedure where Indigent person fails? What is the Procedure where indigent persons suit abates? State Government may apply for payment of court-fees Rule 7, 8, 9, 10, 11 and 12 of Order XXXIII of Code of Civil Procedure 1908

State Government to be deemed a party? How to do Recovery of amount of court-fees? What is Refusal to allow applicant to sue as indigent person to bar subsequent application of like nature? What is Grant of time for payment of court-fee? Costs, How to Defence by an indigent person? What is the Power of Government to provide for free legal services to indigent person? Rule 13, 14, 15, 16, 17 and 18 of Order XXXIII of Code of Civil Procedure 1908

ORDER XXXIV SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY

Who are the Parties to suits for foreclosure sale and redemption? What is Preliminary decree in foreclosure suit? What is Final decree in foreclosure suit? What is Preliminary decree in suit for sale? What is Final decree in suit for sale? What is Recovery of balance due on mortgage in suit for sale? What is Preliminary decree in redemption suit? Rule 1, 2, 3, 4, 5, 6 and 7 of Order XXXIV of Code of Civil Procedure 1908

What is Final decree in redemption suit? What is Recovery of balance due on mortgage in suit for redemption? What is Decree where nothing is found due or where mortgagee has been overpaid, Costs of mortgagee subsequent to decree? What is Power of Court to direct mortgagee to pay mesne profits? What is Payment of interest? What is Sale of property subject to prior mortgage? What is Application of proceeds? What is Suit for sale necessary for bringing mortgaged property to sale? What is Mortgages by the deposit of title deeds and charges? Rule 8, 9, 10, 11, 12, 13, 14 and 15 of Order XXXIV of Code of Civil Procedure 1908

ORDER XXXV INTERPLEADER

What is Plaint in interpleader-suit? Payment of thing claimed into Court, What is the Procedure where defendant is suing plaintiff? What is the Procedure at first hearing? Can Agents and tenants may not institute interpleader suits? What is Charge for plaintiff’s costs? Rule 1, 2, 3, 4, 5 and 6 of Order XXXV of Code of Civil Procedure 1908

ORDER XXXVI SPECIAL CASE

What is the Power to state case for Courts opinion? Where value of subject-matter must be stated? Rule 1 and 2 of Order XXXVI of Code of Civil Procedure 1908

ORDER XXXVII SUMMARY PROCEDURE

What are the Court and classes of suits to which the Order is to apply? What is the process for Institution of summary suits? What is the Procedure for the appearance of defendant? What is the Power to set aside decree? What is the Power to order bill, etc., to be deposited with officer of Court? What is Recovery of cost of noting non-acceptance of dishonoured bill or note? What is the Procedure in suits? Rule 1, 2, 3, 4, 5, 6 and 7 of Order XXXVII of Code of Civil Procedure 1908

ORDER XXXVIII ARREST AND ATTACHMENT BEFORE JUDGMENT

Where defendant may be called upon to furnish security for appearance? Security, What is Procedure on application by surety to be discharged? Procedure Where defendant fails to furnish security or find fresh security? Rule 1, 2, 3,  and 4 of Order XXXVIII of Code of Civil Procedure 1908

Where defendant may be called upon to furnish security for production of property? Attachment where cause not shown or security not furnished? What is the Mode of making attachment? What is Adjudication of claim to property attached before judgment? How is Removal of attachment when security furnished or suit dismissed? What is Attachment before judgment not to affect rights of strangers, nor bar decree -holder from applying for sale? What is the meaning Property attached before judgment not to be re-attached in execution of decree? What are the Provisions applicable to attachment? Is Agriculture produce not attachable before judgment? Is Small Cause Court not to attach immovable property? Rule 5, 6, 7, 8, 9, 10, 11, 12 and 13 of Order XXXVIII of Code of Civil Procedure 1908

ORDER XXIX TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS

What are the Cases in which temporary injunction may be granted? What is Injunction to restrain repetition or continuance of breach, Consequence of disobedience or breach of injunction, Before granting injunction? Is Court to direct notice to opposite party? Is Court to dispose of application for injunction within thirty days? Can Order for injunction may he discharged, varied or set aside? Is Injunction to corporation binding on its officer? Rule 1, 2, 2A, 3, 3A, 4 and 5 of Order XXIX of Code of Civil Procedure 1908

What is the Power to order interim sale? What is Detention preservation, inspection, etc., of subject-matter of suit? What is the meaning of Application for such orders to be after notice? When party may be put in immediate possession of land the subject-matter of suit? What is Deposit of money, etc. in Court? Rule 6, 7, 8, 9 and 10 of Order XXIX of Code of Civil Procedure 1908

ORDER XL APPOINTMENT OF RECEIVERS

What is the process of Appointment of receivers? Remuneration, Duties, How to do Enforcement of receiver's duties? When Collector may be appointed receiver? Rule 1, 2, 3, 4 and 5 of Order XL of Code of Civil Procedure 1908

ORDER XXXIX TEMPORARY INJUNCTIONS - RULE 1, 2, 2A, 3, 3A, 4, 5 OF CODE OF CIVIL PROCEDURE 1908

What are the Cases in which temporary injunction may be granted? What is Injunction to restrain repetition or continuance of breach, Consequence of disobedience or breach of injunction, Before granting injunction? Is Court to direct notice to opposite party? Is Court to dispose of application for injunction within thirty days? Can Order for injunction may he discharged, varied or set aside? Is Injunction to corporation binding on its officer? Rule 1, 2, 2A, 3, 3A, 4 and 5 of Order XXIX of Code of Civil Procedure 1908

 

Cases in which temporary injunction may be granted, Injunction to restrain repetition or continuance of breach, Consequence of disobedience or breach of injunction, Before granting injunction, Court to direct notice to opposite party, Court to dispose of application for injunction within thirty days, Order for injunction may he discharged and varied or set abide, Injunction to corporation binding on its officer are defined under Rule 1, 2, 2A, 3, 3A, 4, and 5 of Order XXIX of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 1 Order XXIX of Code of Civil Procedure 1908 "Cases in which temporary injunction may be granted"

Where in any suit it is proved by affidavit or otherwise

(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or

(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors,

(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any properly in dispute in the suit,

the Court may be order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or dispossession of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the Court thinks fit, until tile disposal of the suit or until further orders.

Rule 2 Order XXIX of Code of Civil Procedure 1908 "Injunction to restrain repetition or continuance of breach"

(1) In any suit for restraining the defendant from committing a breach of' contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgement, apply to the Court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained, of, or any breach of contract, or injury of a like kind arising cut of the same contract or relating to the same property or right.

(2) The Court may be order grant such injunction, on such terms as to the of the durations injunction, keeping an account, giving security, or otherwise, as the Court thinks fit.

Rule 2A Order XXIX of Code of Civil Procedure 1908 "Consequence of disobedience or breach of injunction"

(1) In the case of disobedience of any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order, or any Court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the Court directs his release.

(2) No attachment made under this rule shall remain in force for more than one year, at the end of which time if the disobedience or breach continues, the property attached may be sold and out of the proceeds, the Court may award such compensation as it thinks fit to the injured party and shall pay the balance, if any, to the party entitled thereto.

Rule 3 Order XXIX of Code of Civil Procedure 1908 "Before granting injunction, Court to direct notice to opposite party"

The Court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be give to the opposite party:

Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant-

(a) to deliver to the opposite party, or to send to him by registered post, immediately after the order granting the injunction has been made, a copy of the application for injunction together with-

(i) a copy of the affidavit filed in support of the application;

(ii) a copy of the plaint; and

(iii) copies of documents oil which the applicant relies, and

(b) to file. on the day on which such injunction is granted or on the day immediately following, that day, an affidavit stating that the copies aforesaid have been so delivered or sent.

Rule 3A Order XXIX of Code of Civil Procedure 1908 "Court to dispose of application for injunction within thirty days"

Where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted; and where it is unable so to do, it shall record its reasons for such inability.

Rule 4 Order XXIX of Code of Civil Procedure 1908 "Order for injunction may he discharged, varied or set abide"

Any order for an injunction may be discharged, or varied, or set aside by the Court, on an application thereto by any party dissatisfied with such order :

Provided that if in an application for temporary injunction or in any affidavit supporting such application a party his knowingly made a false or misleading statement in relation to a material particular and the injunction was granted without giving notice to the opposite party, the Court shall vacate the injunction unless, for reasons to be recorded, it considers that it is riot necessary so to do in the interests of justice :

Provided further that where an order for injunction has been passed after giving to a party an opportunity of being heard, the order shall not be discharged, varied or set aside on the application of that party except where such discharge, variation or setting aside has been necessitated by a change in the circumstances, or unless the Court is satisfied that the order has caused undue hardship to that party.

Rule 5 Order XXIX of Code of Civil Procedure 1908 "Injunction to corporation binding on its officer"

An injunction directed to a corporation is binding not only on the corporation itself, but also on all members and officers of the corporation whose personal action it seeks to restrain.

 

 

 

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