Section 51 of the Contract Act, 1872, deals with the performance of reciprocal promises. It states that when a contract consists of reciprocal promises to be simultaneously performed, no promisor need perform his promise unless the promisee is ready and willing to perform his reciprocal promise. This section ensures fairness by requiring mutual readiness and willingness from both parties involved in the contractual agreement.
4692
Under Order VIII, Rule 10 of the Code of Civil Procedure, what action may the Court take if a party fails to submit a written statement within the prescribed timeframe?
Order VIII, Rule 10 of the CPC grants the Court discretionary power when a defendant fails to file a written statement. The Court may either pronounce judgment against the defaulting party or pass such other order as it deems fit in relation to the suit, ensuring that the litigation process is not unnecessarily delayed by the failure of a party to file their defense.
4693
Which type of legal proceedings is governed by Order XXXV of the Civil Procedure Code?
Order XXXV of the Code of Civil Procedure (CPC) specifically outlines the rules and procedures for 'Interpleader suits'. An interpleader suit is a legal action where a person who is in possession of property or money, but has no personal interest in it, asks the court to determine which of the rival claimants is entitled to the property.
4694
What is the consequence under the C.P.C. if a plaintiff or petitioner fails to provide an address for the service of summons or notices?
Under the procedural requirements of the Code of Civil Procedure, a plaintiff is obligated to provide a valid address for service. Failure to comply with this mandatory requirement renders the plaint or petition liable to be rejected by the court, as the court cannot effectively notify the defendant to appear and defend the suit.
4695
What is the total number of sections contained within the Limitation Act of 1908?
The Limitation Act, 1908, which governs the time periods within which legal proceedings must be initiated, consists of 32 sections in total. These sections establish the framework for calculating periods of limitation for various suits, appeals, and applications in the courts of Pakistan.
4696
What is the primary subject matter governed by Order II of the Code of Civil Procedure?
Order II of the Code of Civil Procedure (CPC) deals with the 'Frame of Suit'. It provides guidelines on how a suit must be framed to include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action, preventing the splitting of claims and ensuring comprehensive litigation.
4697
Who is authorized to sign and verify pleadings on behalf of a corporation in a legal suit?
Under the Code of Civil Procedure, a corporation is a legal entity that must act through authorized representatives. Pleadings, which are formal written statements of a party's claims or defenses, must be signed and verified by someone with sufficient knowledge of the facts. The law permits the principal officer, secretary, or director to perform this function, ensuring the corporation is properly represented in court.
4698
Is the publication of a proclamation in newspapers considered a form of service of summons?
When ordinary methods of service, such as personal delivery or registered post, fail or are impractical, the court may order 'substituted service' under Order V, Rule 20. This often involves publishing a notice in a widely circulated newspaper. This method is deemed effective service when the court is satisfied that the defendant is keeping out of the way to avoid service or for any other reason the summons cannot be served in the ordinary way.
4699
Can a person who has passed through a period of legal disability file a suit or make an application after the standard limitation period has expired?
Under the Limitation Act, 1908, specifically regarding legal disability, a person who was under a disability (such as minority or insanity) at the time the cause of action arose may file a suit or application within the prescribed period after the disability has ceased. This allows them to initiate legal action even if the standard limitation period has technically passed during their period of incapacity.
4700
To whom may a plaint be submitted to formally institute a civil suit?
According to the Code of Civil Procedure, every suit is instituted by the presentation of a plaint to the court or such officer as it appoints in this behalf. Therefore, a plaint can be filed either directly before the competent court or with an officer specifically authorized by the court to receive such legal documents.