Order VII, Rule 3 of the Code of Civil Procedure requires that when a suit relates to immovable property, the plaint must contain a description of the property sufficient to identify it. This typically includes details such as boundaries, survey numbers, or other specific identifiers to ensure the court and the defendant clearly understand the exact property in dispute.
4722
Which Order of the Civil Procedure Code (CPC) governs the submission of a written statement by the defendant?
Order VIII of the Civil Procedure Code specifically outlines the requirements and procedures for filing a written statement. It dictates that the defendant must present their defense in writing, addressing the allegations made in the plaint, and sets the rules for set-off and counter-claims, which are essential for the structured progression of a civil suit.
4723
When a party applies for the issuance of a local commission under Order XXVI, Rule 2 of the CPC, what is the requirement regarding the application?
Under Order XXVI, Rule 2 of the CPC, an application for a commission to examine witnesses or conduct local investigations must generally be supported by an affidavit to provide the court with the necessary grounds and facts justifying the request.
4724
Which procedural aspect is addressed under Order IV of the Code of Civil Procedure (C.P.C.)?
Order IV of the Code of Civil Procedure specifically deals with the institution of suits. It mandates that every suit shall be instituted by presenting a plaint to the court or such officer as it appoints in this behalf. This order establishes the formal commencement of civil litigation, ensuring that all legal requirements for filing a case are met before the court takes cognizance of the matter.
4725
Which procedural aspect of the Civil Procedure Code is covered under Order V, Rule 20?
Order V, Rule 20 of the Civil Procedure Code deals with substituted service of summons. This procedure is invoked when the court is satisfied that the defendant is avoiding service or cannot be served in the ordinary manner, allowing for service via publication or other means.
4726
How is Article 181 of the Limitation Act characterized in legal interpretation?
Article 181 of the Limitation Act is widely recognized as the residuary article. It applies to applications for which no specific period of limitation is provided elsewhere in the schedule of the Act. It serves as a catch-all provision to ensure that legal applications are subject to some form of time constraint.
4727
Upon the institution of a civil suit, to whom is the court-issued summons directed for the purpose of answering the claim?
Under the Code of Civil Procedure (CPC), once a suit is instituted, the court issues a summons to the defendant. This document serves as a formal notice requiring the defendant to appear before the court and file a written statement to answer the allegations made by the plaintiff in the plaint.
4728
How many rules are contained within Order XVI of the Civil Procedure Code (CPC)?
Order XVI of the Code of Civil Procedure, 1908, governs the summoning and attendance of witnesses in civil litigation. Upon review of the legislative text, Order XVI comprises exactly 21 rules. These rules detail the procedures for issuing summons, the obligations of witnesses to attend court, and the consequences for failing to comply with court orders regarding witness testimony.
4729
How may a person conducting business under a trade name or style other than their own be sued?
Under the Code of Civil Procedure, a person carrying on business in a name other than their own may be sued either in the name of the business or in their own personal name. This provision facilitates the identification of the actual party responsible for the business liabilities.
4730
Under Order VI, Rule 2 of the Civil Procedure Code, what is the fundamental requirement regarding the content of pleadings?
Order VI, Rule 2 of the Civil Procedure Code stipulates that pleadings must contain material facts, but not the evidence itself. This principle aims to provide a clear and concise presentation of the case's essential facts, preventing the record from being cluttered with evidentiary details that are more appropriately presented during the trial phase of the litigation.
