ORDER XXVIII SUITS BY OR AGAINST MILITARY OR NAVAL
MEN OR AIRMEN - RULE 1, 2, 3 OF CODE OF CIVIL PROCEDURE 1908
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
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 are defined under Rule
1, 2 and 3 of Order XXVIII of
Code of Civil Procedure 1908. Provisions under these Rules are:
Rule 1 Order XXVIII of Code of Civil Procedure 1908 "Officers,
soldiers, sailors or airmen who cannot obtain leave may
authorize any person to sue or defend for them"
(1) Where any officer, soldier, sailor or airman actual
serving under the Government in such capacity is a party to
a suit, and cannot obtain leave of absence for the purpose
of prosecuting or defending the suit in person, he may
authorize any person to sue or defend in his stead.
(2) The authority shall be writing and shall be signed by
the officer, soldier, sailor or airman in the presence of
(a) his commanding officer, or the next subordinate officer,
if the party is himself the commanding officer, or (b) where
the officer, soldier, sailor or airman, is serving in
military, naval or air force staff employment the head or
other superior officer of the office in which he is
employed. Such commanding or other officer shall countersign
the authority, which shall be filed in Court.
(3) When so filed the countersignature shall be sufficient
proof that the authority was duly executed, and that the
officer, soldier, sailor or airman by whom it was granted
could not obtain leave of absence for the purpose of
prosecuting of defending the suit in person.
Explanation-In this Order the expression "commanding
officer" means the officer in actual command for the time
being of any regiment, corps, ship, detachment or depot to
which the officer, soldier, sailor or airman belongs.
Rule 2 Order XXVIII of Code of Civil Procedure 1908 "Person
so authorized may act personally or appoint pleader"
Any person authorized by an officer, soldier, sailor or
airman to prosecute or defend a suit in his stead may
prosecute or defend it in person in the same manner as the
officer, soldier, sailors or airman could do if present; or
he may appoint a pleader to prosecute or defend the suit on
behalf of such officer, soldier, sailor or airman.
Rule 3 Order XXVIII of Code of Civil Procedure 1908 "Service
on person so authorized, or on his pleader, to be good
service"
Processes served upon any person authorized by an officer
soldier, sailor or airman under rule 1 or upon any pleader
appointed as aforesaid by such person shall be as effectual
as if they had been served on the party in person.
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
