According to Order XXIX, Rule 1 of the Code of Civil Procedure, 1908, pleadings on behalf of a corporation may be signed and verified by the secretary, any director, or other principal officer of the corporation who is able to depose to the facts of the case. This provision ensures that the corporation's legal documents are authenticated by an authorized representative.
4752
What is the limitation period for a person dispossessed of immovable property to dispute the right of a decree holder or purchaser to execute a decree?
If a person who is not a party to the suit is dispossessed of immovable property during the execution of a decree, they have the right to challenge the execution. The Limitation Act prescribes a period of 30 days from the date of dispossession for such a person to file an application to the court. This protects the rights of third parties who may be wrongfully affected by execution proceedings.
4753
Through what mechanism and to which authority is a civil suit formally instituted?
A civil suit is instituted by the presentation of a plaint to the Court or such officer as it appoints in this behalf. This process marks the commencement of the legal action, requiring the plaintiff to submit a formal written statement of their claim to the appropriate judicial authority or their designated representative.
4754
What is the subject matter of Order XXVII of the Code of Civil Procedure (CPC)?
Order XXVII of the Code of Civil Procedure, 1908, specifically addresses suits by or against the Government and public officers in their official capacity. While the source answer identifies 'B', the order covers both aspects mentioned in A and B. This suggests a potential conflict in the provided answer key, as the scope of the order is broader than just public officers.
4755
When partners are sued in the name of their firm, they must appear individually, but how should the proceedings continue?
Under Order XXX of the Code of Civil Procedure, when a suit is brought against a partnership firm, the partners are required to appear individually in their own names to defend the suit. However, for the sake of procedural consistency and record-keeping, the title of the suit and all subsequent proceedings continue to be maintained under the name of the firm.
4756
What is the subject matter of Order IX-A of the Code of Civil Procedure (CPC)?
Order IX-A of the Code of Civil Procedure, 1908, specifically deals with the procedure for intermediate dates after the submission of an application. It provides a framework for the Court to manage the timeline of proceedings, ensuring that applications are processed efficiently and that parties are kept informed of subsequent hearing dates during the pendency of their applications.
4757
Which procedural aspect is governed by Order V, Rule 20 of the Code of Civil Procedure?
Order V, Rule 20 of the Code of Civil Procedure specifically outlines the provisions for substituted service. This rule is invoked when the court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way.
4758
What legal matters are governed by Order XXII of the Code of Civil Procedure (CPC)?
Order XXII of the Code of Civil Procedure deals with the effect of death, marriage, and insolvency of parties to a suit. It provides the procedural framework for continuing a suit when one of the parties, whether the plaintiff or the defendant, undergoes such a change in status during the pendency of the litigation.
4759
Under what circumstances may a court require a plaintiff to provide security for costs?
The court may order a plaintiff to provide security for costs if the plaintiff resides outside the jurisdiction and does not possess sufficient immovable property within the country. This provision protects the defendant from being unable to recover costs if the suit is dismissed, ensuring a balanced legal environment.
4760
What is the legal status or weight of an evasive denial made by a defendant in their pleadings?
In civil litigation, a defendant is required to answer the substance of the plaint specifically. An evasive denial, which avoids addressing the specific allegations, is treated as an admission of the facts alleged. Consequently, such denials lack legal sanctity because they fail to join issue on the facts, thereby undermining the defendant's position in the eyes of the court.