Order XXI, Rule 33 of the Code of Civil Procedure, 1908, specifically addresses the execution of decrees for the restitution of conjugal rights. It provides the court with the necessary discretion to order that the decree be executed by the payment of a periodical sum of money in lieu of, or in addition to, other modes of execution, ensuring a balanced approach to sensitive family matters.
4492
What is the specific purpose of Order VIII, Rule 13 of the Civil Procedure Code?
Order VIII, Rule 13 of the Code of Civil Procedure specifically addresses the requirement for the defendant to provide a list of their legal representatives. This ensures that the court and the opposing party are aware of the individuals authorized to represent the defendant's interests during the litigation process.
4493
What is the limitation period for a legal representative of a deceased plaintiff or defendant to apply for setting aside an order or judgment passed in their absence?
Under the provisions of the Code of Civil Procedure, the limitation period for a legal representative to apply for setting aside an ex-parte order or judgment passed against a deceased party is sixty days from the date of the order or judgment. This ensures that the legal heirs have a reasonable window to seek judicial remedy for orders passed without their presence.
4494
If a witness intentionally avoids receiving a summons, what order may the Court issue?
When a witness intentionally avoids service of summons, the court has the authority to issue a proclamation requiring their attendance. This is a procedural step to compel the witness to appear in court. While attachment of property is a subsequent step for continued non-appearance, the initial step for avoidance is often the issuance of a proclamation.
4495
In a suit for foreclosure, what type of decree must the court pass if the plaintiff is successful?
In mortgage litigation, specifically foreclosure suits, the court typically follows a two-stage process. While a preliminary decree is often the initial step to allow the mortgagor time to pay, the final decree is the conclusive order passed by the court once the conditions of the preliminary decree have not been met or the time for redemption has expired. The final decree effectively terminates the mortgagor's right to redeem the property.
4496
When a lawsuit involves movable property, what details must be included in the court's decree?
According to the principles of the Code of Civil Procedure, when a decree is passed for the recovery of movable property, it must specify the exact description of the property to ensure it can be identified for execution. Additionally, the decree should state the monetary value of the property in the event that the specific property cannot be delivered, allowing for an alternative recovery.
4497
What is the primary purpose of Section 2 of the Code of Civil Procedure?
Section 2 of the Code of Civil Procedure, 1908, serves as the interpretation clause. It provides the legal definitions for various terms used throughout the Code, such as 'decree', 'judgment', 'order', 'legal representative', and 'judgment-debtor'. These definitions are essential for the uniform application and interpretation of the procedural rules contained within the subsequent sections and orders of the CPC.
4498
Which section of the Civil Procedure Code (CPC) governs the imposition of compensatory costs for false or vexatious claims or defenses?
Section 35-A of the C.P.C. specifically deals with compensatory costs in respect of false and vexatious claims or defenses, allowing courts to impose costs on parties making such claims. This provision serves as a deterrent against the abuse of the judicial process by parties who initiate or defend litigation without any reasonable or probable cause, thereby wasting the court's time and resources.
4499
Where must the expenses for local commissions be deposited under the Civil Procedure Code?
According to the procedural rules governing civil litigation, the expenses incurred for the appointment of a local commissioner are to be deposited into the court. The court then manages the disbursement of these funds to the appointed commissioner to ensure transparency and adherence to judicial administrative protocols.
4500
What subject matter is covered under Order XLVIII of the Code of Civil Procedure (CPC)?
Order XLVIII of the Code of Civil Procedure (CPC) is titled 'Miscellaneous'. This order contains procedural provisions that do not fit into the specific categories of suits, appeals, or execution proceedings. It serves as a catch-all section for various administrative and procedural requirements necessary for the effective functioning of the civil court system during the litigation process.