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ORDER XXVI of CIVIL PROCEDURE CODE (CPC) – COMMISSIONS Commissions to examine witnesses. 1. 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 itsRead…
ORDER XXVII of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY 1. Suits by or against Government. In any suit by or against the Government the plaint or written statement shall be signed by such person as the Government may,Read…
ORDER XXVIIA of CIVIL PROCEDURE CODE (CPC) – SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THEIR VALIDITY OF ANY STATUTORY INSTRUMENT 1. Notice to the Attorney General or the Advocate-General. In any suit in which it appears to the CourtRead…
ORDER XXVIII of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN 1. 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 theRead…
ORDER XXIX of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST CORPORATIONS 1. Subscription and verification of pleading. In suits by or against a corporation, any pleading may be signed and verified on behalf of the corporation by the security or by any director or other principal officer ofRead…
ORDER XXX of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN 1. Suing of partners in name of firm. (1) Any two or more persons claiming or being liable as partners and carrying on business, in IndiaRead…
ORDER XXXI of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS 1. Representation of beneficiaries in suits concerning property vested in trustees, etc. In all suits concerning property vested in a trustee, executor or administrator, where the contention is between the persons beneficially interested inRead…
ORDER XXXII of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND 1. Minor to sue by next friend. Every suit by a minor shall be Instituted in his name by a person who in such suit shall be called the next friend ofRead…
ORDER XXXIIA of CIVIL PROCEDURE CODE (CPC) – SUITS RELATING TO MATTERS CONCERNING THE FAMILY 1. Application of the Order. (1) The provision of this Order shall apply to suits or proceedings relating to matters concerning the family. (2) In particular, and without prejudice to the generality of the provisionsRead…
ORDER XXXIII of CIVIL PROCEDURE CODE (CPC) – SUITS BY INDIGENT PERSONS 1. Suits may be instituted by indigent person. Subject to the following provisions, any suit may be instituted by an indigent person. Explanation I- A person is an indigent person,- (a) if he is not possessed of sufficientRead…
ORDER XXXIV of CIVIL PROCEDURE CODE (CPC) – SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY 1. Parties to suits for foreclosure sale and redemption. Subject to the provisions of this Code, all persons having an interest either in the mortgage-security or in the right of redemption shall be joined asRead…
ORDER XXXV of CIVIL PROCEDURE CODE (CPC) – INTERPLEADER 1. Plaint in interpleader-suit. In every suit of interpleader the plaint shall, in addition to the other statements necessary for plaints, state- (a) that the plaintiff claims no interest in the subject-matter in dispute other than for charges or costs; (b)Read…
ORDER XXXVI of CIVIL PROCEDURE CODE (CPC) – SPECIAL CASE 1. Power to state case for Court’s opinion. (1) Parties claiming to be interested in the decision of any question of fact or law may enter into an agreement in writing stating such question in the form of a caseRead…
ORDER XXXVII of CIVIL PROCEDURE CODE (CPC) – SUMMARY PROCEDURE 1. Courts and classes of suits to which the Order is to apply. (1) This Order shall apply to the following Court, namely- (a) High Courts, City Civil Courts and Courts of Small Causes; and (b) other Courts; Provided thatRead…
ORDER XXXVIII of CIVIL PROCEDURE CODE (CPC) – ARREST AND ATTACHMENT BEFORE JUDGEMENT Arrest before judgment 1. Where defendant may be called upon to furnish security for appearance. Where at any stage of a suit, other than a suit of the nature referred to in section 16, clauses (a) toRead…
ORDER XXXIX of CIVIL PROCEDURE CODE (CPC) – TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS. Temporary injunctions. 1. 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, damagedRead…
