Order VI, Rule 14 of the Code of Civil Procedure requires that every pleading must be signed by the party and their pleader, if any. This requirement ensures that the party is personally aware of the contents of the pleading and that the legal representative takes professional responsibility for the legal assertions made therein. If a party is unable to sign, the rule provides for signing by a duly authorized person.
4712
What is the statutory limitation period for filing an application to bring a legal representative on record following the death of a defendant or respondent?
Under the Code of Civil Procedure (CPC), specifically Order XXII, Rule 3 and 4, the legal representative of a deceased party must apply to be brought on record within ninety days from the date of death. If the application is not filed within this period, the suit may abate against the deceased party, subject to provisions for setting aside the abatement upon showing sufficient cause.
4713
How many sub-rules or ingredients are contained within Order VII, Rule 1 of the Code of Civil Procedure (CPC)?
Order VII, Rule 1 of the Code of Civil Procedure, 1908, outlines the mandatory particulars that must be included in a plaint when instituting a civil suit. These include details such as the name of the court, the name and description of the plaintiff and defendant, the facts constituting the cause of action, and the relief claimed, totaling nine distinct requirements.
4714
Which legal framework prescribes the procedure for recovering possession of specific movable property?
While the Specific Relief Act, 1877, provides the substantive right to recover possession of specific movable property, the actual procedural mechanism for enforcing this recovery in a court of law is governed by the Code of Civil Procedure (CPC). The CPC outlines the rules for filing suits, issuing summons, and executing decrees, which are essential for the practical recovery of property.
4715
When filing a suit as a pauper, what specific details regarding the applicant's assets must be included in the application?
An application to sue as a pauper (indigent person) under the Code of Civil Procedure requires a full disclosure of the applicant's financial status. This includes a schedule of any movable and immovable property belonging to the applicant, along with an estimated value, to prove the applicant lacks the means to pay the prescribed court fees.
4716
Under Order VIII, Rule 6 of the Civil Procedure Code, where must the particulars of a set-off be provided?
Order VIII, Rule 6 of the CPC specifically governs the procedure for claiming a set-off. A defendant must include the particulars of the set-off in their written statement. This allows the court to adjudicate the defendant's claim against the plaintiff's demand within the same suit, promoting procedural efficiency and avoiding multiplicity of litigation.
4717
What is the procedural consequence if a plaint fails to disclose a valid cause of action?
Under Order VII, Rule 11 of the Civil Procedure Code, 1908, a court is mandated to reject a plaint if it does not disclose a cause of action. This is a summary power exercised by the court to prevent the wastage of judicial time on litigation that lacks a legal basis or foundation for a claim, ensuring that only valid suits proceed to trial.
4718
How many rules are contained within Order XXXIII of the Code of Civil Procedure?
Order XXXIII of the Code of Civil Procedure, which governs suits by indigent persons (formerly referred to as paupers), consists of 16 rules. These rules detail the application process, the inquiry into the applicant's means, the procedure for granting or rejecting the application, and the conditions for dispaupering.
4719
Under Order XI, Rule 1 of the Civil Procedure Code, what action is a party to a suit permitted to take regarding the discovery of facts?
Order XI, Rule 1 of the CPC allows any party to a suit, with the leave of the court, to deliver interrogatories in writing for the examination of the opposite party. This procedural tool is designed to facilitate the discovery of facts, narrow down the issues in dispute, and obtain admissions from the opposing side, thereby streamlining the trial process and promoting transparency in civil litigation.
4720
According to Order VI, Rule 18 of the Code of Civil Procedure, what is the prescribed time limit for a party to amend their pleading?
Order VI, Rule 18 of the Code of Civil Procedure provides that if a party is granted leave to amend a pleading but fails to do so within the time limited for that purpose, or if no time is specified, within 14 days from the date of the order, they shall not be permitted to amend after the expiration of such period, unless the time is extended by the court.