A legal representative is defined as a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased. This definition is crucial in civil litigation, particularly under the Code of Civil Procedure, to ensure that the estate of a deceased party is properly represented in ongoing legal proceedings.
4782
Under the Code of Civil Procedure (C.P.C.), which type of suits are governed by Section 92?
Section 92 of the Code of Civil Procedure deals with suits relating to public charities or trusts created for public purposes of a charitable or religious nature. It provides a mechanism for the Advocate General or two or more persons having an interest in the trust to institute a suit to obtain a decree for the removal of a trustee, appointment of a new trustee, or vesting of property in a trustee.
4783
When a lawsuit is initiated against a corporation, upon whom may the court summons be legally served?
Under the Code of Civil Procedure, service of summons on a corporation is valid if delivered to the secretary, any director, or other principal officer of the corporation. This ensures that the legal notice reaches a person with sufficient authority to represent the entity's interests in court. By allowing service on these specific roles, the law ensures that the corporation is duly notified of the legal action against it.
4784
How many rules are contained within Order XII of the Code of Civil Procedure?
Order XII of the Code of Civil Procedure, 1908, which pertains to 'Admissions', consists of exactly 9 rules. These rules provide the framework for parties to admit facts or documents, which helps in narrowing down the issues in dispute and expediting the judicial process by eliminating the need to prove undisputed facts.
4785
What is the legal definition of 'substituted service' within the context of civil litigation?
Substituted service is a procedural mechanism used when personal service of a summons or notice cannot be effected through ordinary means. Under the Civil Procedure Code, the court may authorize an alternative method of service, such as publication in a newspaper or affixing the notice at the defendant's residence, ensuring the defendant is legally notified of the proceedings.
4786
When a plaintiff initiates a suit for the recovery of money, what specific detail must be included in the plaint?
According to the rules of pleading in the Code of Civil Procedure, when a suit is filed for the recovery of money, the plaint must precisely state the exact amount claimed by the plaintiff to establish the court's pecuniary jurisdiction and the nature of the claim.
4787
A summons must be delivered or tendered with a copy signed by which official authority?
According to the Code of Civil Procedure, every summons must be signed by the Judge or such officer as the Court appoints, and shall be sealed with the seal of the Court. This formal requirement validates the document as an official court order, ensuring that the recipient is properly notified of the legal action initiated against them.
4788
How many rules are contained within Order XXVIII of the Code of Civil Procedure, 1908?
Order XXVIII of the Code of Civil Procedure, 1908, relates to suits by or against military or naval men. It contains 3 rules that outline the procedure for when a soldier, sailor, or airman is a party to a suit and is unable to attend court due to service requirements. The source explanation regarding the Hague Agreement is factually incorrect and unrelated to the CPC.
4789
What is the formal legal term for an official order requiring a person to appear in court?
A summons is a formal legal process issued by a court of law to notify a defendant or witness that a legal action has been initiated against them or that their presence is required. It serves as a mandatory notice to appear before the court on a specified date and time to answer the claims or provide testimony.
4790
Which Order of the Code of Civil Procedure regulates suits filed by or against corporations?
Order XXIX of the Code of Civil Procedure, 1908, specifically deals with suits by or against corporations. It provides the necessary framework for how corporations are to be represented in court, how pleadings are to be signed and verified, and how service of process is to be effected upon a corporation during litigation.