Lastly, if there be specific provision in the Code, which would meet the necessities of the case, inherent powers cannot be invoked. The founder of Pakistan, had a vision regarding the law of Pakistan, to implement a system in accordance to Islamic teachings, but it was never fulfilled. Procedure where defendant appears on day of adjourned hearing assigns good cause for previous non-appearance. Notice of such petition shall be given to such other parties to the suit as the Court may deem it necessary to inform, and may be either served upon the pleaders for such parties or be sent to them by registered post, as the Court thinks fit. Applications of sections 85 and 86 to Rulers of former Indian States.
Procedure in case of non-attendance of one or more of several defendants 12. Place of institution of suit where local limits of jurisdiction of Courts are uncertain. On a bill of exchange or promissory note payable at a fixedtime after sight or after demand. For money deposited under an agreement that it shall be payable on demand including money of a customer in the hands of his banker so payable. Summons to order defendant to produce documents relied on by him. Where defendant may be called upon to furnish security for appearance 2. Who may be joined as defendants.
Joinder of causes of action 4. Relief to be specifically stated. It gives power to the court to pass such orders as it thinks fit. Application of rules to persons of unsound mind 16. Effect of substituted services, Where service substituted, time for appearance to be fixed 21. The date of the final order in the case 48. Thus no appeal can be allowed from a non-appealable order.
Suits for compensation for wrongs to person or movables. Power of Supreme Court to transfer suits, etc. Service of summons where defendant resides in another State. Dismissal of suit where plaintiff after summons returned unserved, fails for three months to apply for fresh summons. The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow.
Rules 20, 22, 23, 24 and 25 of 0. Substituted by the Central Laws Statute Reform Ordinance, 1960 21 of 1960 , section 3 and Second Schedule with effect from the 14th October, 1955 , for subsection 2 which was amended by the A. Where an appeal from any order is allowed it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made, or where such order is made by a Court not being a High Court in the exercise of appellate jurisdiction, then to the High Court. Style of foreign Rulers as parties to suits. Simply because another view of the evidence may be taken is no ground by the High Court to interfere in its revisional jurisdiction; Masjid Kacha Tank, Nahan v. When appeals lie to the Supreme Court. Where an appeal from any order is allowed it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made or where such order is made by a Court not being a High Court in the exercise of appellate jurisdiction, then to the High Court.
For specific performance of a contract. On issue of summons for final disposal, defendant to be directed to produce his witnesses. Maharaj Singh, the Supreme Court held that the Rent Control Officer shall be deemed to be a civil court within the meaning of Ss. Thirty days The date of the decree or order appealed from. Where suit is instituted without next friend, plaint to be taken off the file 3. For the purposes of this section, a plaintiff whose suit has been dismissed and a defendant against whom a suit has been dismissed, are parties to the suit.
Guardian for the suit to be appointed by Court for minor defendant 4. Court — powers of H. Judgment and decree in question was assailed by respondent under S. Alien enemies residing in India with the permission of the Central Government, and alien friends, may sue in any Court otherwise competent to try the suit, as if they were citizens of India, but alien enemies residing in India without such permission, or residing in a foreign country, shall not sue in any such court. Plea ±³Û¿ : It is a charge or answer of charge. It includes cause of action arose. It also includes parties in a suit, who may file suit, against whom suit may be filed, legal right of plaintiff, right to sue, pray for remedy, determination of legal right and its violation.
Remand of case by Appellate Court 24. When summons duly served, When summons served but not in due time 7. Court may give judgment for or against one or more of joint parties 5. Definition of Court which passed a decree. Power to examine witness, immediately 17. Special provisions relating to growing crops 76.
No decree to be set aside without notice to opposite party. An acknowledgment purporting to be signed by the defendant shall be deemed by the Court issuing the summons to be prima fade proof of service. Copies of judgment and decree to be furnished to parties 37. The rest of this Act shall come into force on the first day of January, 1909. Rectification of error in Order: It must also be noted that Court has no inherent power to do, which is prohibited by this code. The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India.
It can recall its order when it found that the order had been made in the absence of materials on the record, materials which were subsequently put before the court. Procedure in case of non-attendance of one or more of several plaintiffs 11. Power to order attendance of dependent for cross-examination 3. She has to prove that upto what extent she is parda observing. Time for inspection when notice given 18. Time for inspection when notice given. Statement of next friend: Where plaintiff or defendant is minor, statement of his next friend is included in the plaint.