The court possesses broad discretionary power under the Civil Procedure Code to appoint a local commissioner for the partition of property. While officials like Patwaris or Tehsildars are often chosen due to their expertise in land records, the law allows the court to appoint any person it deems fit and impartial to execute the commission effectively and fairly.
4662
According to Order V, Rule 2 of the Code of Civil Procedure, what document must accompany the summons served to the defendant?
Order V, Rule 2 of the Code of Civil Procedure (CPC) mandates that every summons issued to a defendant must be accompanied by a copy of the plaint. This ensures that the defendant is fully informed of the nature of the claim and the allegations made against them, thereby upholding the principles of natural justice and the right to a fair defense in civil litigation.
4663
Which Order of the Civil Procedure Code (CPC) governs suits related to the mortgage of immovable property?
Order XXXIV of the Code of Civil Procedure, 1908, provides the comprehensive procedural framework for suits relating to mortgages of immovable property. This includes provisions for foreclosure, sale, and redemption of mortgaged property, ensuring that the rights and obligations of both mortgagors and mortgagees are adjudicated according to established legal standards.
4664
What subject matter is covered under Order XVIII of the Code of Civil Procedure?
Order XVIII of the Code of Civil Procedure, 1908, governs the 'Hearing of the Suit and Examination of Witnesses.' It provides the procedural framework for how evidence is presented, how witnesses are examined in open court, and how the trial proceeds toward judgment.
4665
According to Order XVI, Rule 4 of the CPC, what action may the court take if the party applying for summons fails to pay the required fees for witnesses?
Order XVI, Rule 4 of the Code of Civil Procedure empowers the court to recover the expenses of witnesses if the party who applied for the summons fails to deposit the necessary fees. The court may direct the recovery of such amounts by attaching and selling the movable property of the defaulting party to ensure the witness expenses are covered.
4666
Under Order 1, Rule 1 of the Civil Procedure Code, under what conditions may multiple persons be joined as plaintiffs in a single suit?
Order 1, Rule 1 of the Code of Civil Procedure, 1908, allows the joinder of plaintiffs if the right to relief arises out of the same act or transaction, or series of acts or transactions, and if any common question of law or fact would arise if such persons brought separate suits.
4667
Which section of the Code of Civil Procedure (CPC) provides for compensatory costs in cases involving false or vexatious claims or defenses?
Section 35-A of the Code of Civil Procedure, 1908, empowers the court to award compensatory costs to a party against whom a false or vexatious claim or defense has been instituted. This provision is designed to discourage frivolous litigation and compensate the aggrieved party for the unnecessary expenses and harassment caused by such proceedings.
4668
Under Order XVI, Rule 10 of the Code of Civil Procedure (CPC), under what circumstances can a witness's attached property be released by the court?
Order XVI, Rule 10 of the CPC empowers the court to issue a proclamation or attach the property of a witness who fails to appear despite being summoned. However, if the witness subsequently appears and satisfies the court by showing sufficient cause for their previous non-appearance, the court may order the release of the attached property, provided the witness complies with any costs imposed.
4669
How can a surety revoke a continuing guarantee regarding future transactions?
A continuing guarantee, which covers a series of transactions, can be revoked by the surety at any time concerning future transactions. This is legally achieved by providing formal notice to the creditor, thereby terminating the surety's liability for any obligations incurred by the principal debtor after the date of such notice.
4670
Which section of the Code of Civil Procedure (C.P.C.) provides exemption for members of legislative bodies from arrest and detention in civil processes?
Section 135-A of the Code of Civil Procedure (C.P.C.) grants immunity to members of legislative bodies from arrest and detention under civil process during the continuance of a meeting of such body, and during the fourteen days before and after such meeting. This provision is designed to ensure that legislators can perform their parliamentary duties without the threat of civil litigation-related detention, thereby upholding the integrity of the legislative process.