Order XVI, Rule 14 of the Code of Civil Procedure empowers the court to exercise its discretion to summon any person as a witness, even if they are not a party to the suit (a stranger), if the court believes their testimony is necessary for the just determination of the case. This ensures the court can uncover the truth beyond the evidence presented by the litigants.
4772
How many rules are contained within Order XXXIV of the Code of Civil Procedure (CPC)?
Order XXXIV of the Code of Civil Procedure, which deals with suits relating to mortgages of immovable property, consists of 15 rules. These rules provide the procedural framework for mortgage suits, including foreclosure, sale, and redemption of mortgaged property.
4773
Which provision of the Code of Civil Procedure (CPC) governs the endorsement of documents submitted to a court?
Order XIII, Rule 4 of the Code of Civil Procedure (CPC) mandates that every document admitted in evidence by the court must be endorsed by the judge or an officer appointed by the court. This endorsement includes details such as the number and title of the suit, the name of the person producing the document, and the date of production, ensuring the integrity and traceability of evidence used in judicial proceedings.
4774
What authority does Order XI, Rule 7 of the Civil Procedure Code (CPC) grant to the Court regarding interrogatories?
Order XI, Rule 7 of the CPC provides the court with the discretionary power to review interrogatories submitted by parties. If the court determines that the interrogatories are exhibited unreasonably, vexatiously, or do not comply with the legal requirements of relevance and necessity, it is empowered to set them aside or strike them out. This prevents the abuse of the discovery process during civil proceedings.
4775
Which specific procedural aspect is addressed by Order VI, Rule 15 of the Code of Civil Procedure?
Order VI, Rule 15 of the Code of Civil Procedure (CPC) specifically mandates that every pleading must be verified at the foot by the party or by one of the parties pleading, or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case. This ensures the authenticity and truthfulness of the statements made in the pleadings before the court.
4776
What is the term for the powers exercised by a court to ensure justice is served when the Code of Civil Procedure lacks specific provisions?
Section 151 of the Code of Civil Procedure recognizes the 'inherent powers' of the court. These powers allow the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court, even in the absence of explicit statutory rules.
4777
According to the Code of Civil Procedure 1908, what does the term 'Code' include?
Section 2(1) of the Code of Civil Procedure, 1908, provides the definition of the term 'Code'. It explicitly states that the term 'Code' includes rules made under the authority of the Act. These rules are contained in the First Schedule of the CPC and are essential for the procedural regulation of civil litigation in courts.
4778
What is the prescribed procedure for serving a summons upon a defendant who is currently incarcerated?
When a defendant is in prison, the summons must be delivered or sent to the officer in charge of the prison where the defendant is detained. This ensures that the legal process is formally served upon the individual through the official custodial authority, satisfying the requirements of due process under the Civil Procedure Code.
4779
Under Order V, Rule 20 of the Civil Procedure Code, how many distinct methods and procedures are prescribed for the service of summons?
Order V, Rule 20 of the Code of Civil Procedure (CPC) provides for substituted service when a defendant cannot be served in the ordinary way. The rule outlines specific procedural manners, including affixing the summons on the house, public notice, or other methods deemed fit by the court, totaling six distinct modes or manners of service as interpreted in procedural practice.
4780
Which provision of the Code of Civil Procedure outlines the procedure for the return of a plaint?
Order VII, Rule 10 of the Code of Civil Procedure deals with the return of a plaint when the court finds it lacks jurisdiction to entertain the suit. Specifically, Rule 10(2) requires the judge to endorse the date of presentation and return, the name of the party presenting it, and a brief statement of the reasons for returning it, ensuring transparency in the judicial process.