Order V of the Code of Civil Procedure, 1908, provides the comprehensive legal framework for the issuance and service of summons. It details the requirements for notifying a defendant about the institution of a suit, ensuring the principles of natural justice are upheld by providing the defendant an opportunity to respond.
4842
When a minor co-plaintiff attains the age of majority and seeks to withdraw from the suit, which parties must receive notice from the court?
If a minor co-plaintiff reaches the age of majority and applies to have their name removed from the suit, the court is required to issue notices to both the next friend and the defendant. This procedural requirement ensures that all parties involved in the litigation are aware of the change in the status of the plaintiff and have the opportunity to address any legal implications.
4843
What action is authorized for a party to a suit under Order XI, Rule 1 of the Code of Civil Procedure?
Order XI, Rule 1 of the Code of Civil Procedure allows a party to deliver interrogatories to the opposite party. This process enables the party to obtain admissions or clarifications on specific facts, which helps in narrowing the scope of the trial and reducing the burden of proof on the parties involved.
4844
How many rules are contained within Order XXVII of the Civil Procedure Code (CPC)?
Order XXVII of the Code of Civil Procedure, 1908, specifically deals with suits by or against the Government or public officers in their official capacity. According to the statutory text of the CPC, this order consists of exactly 8 rules that outline the procedures for service of summons, representation, and the conduct of litigation involving the state.
4845
Under Order XXII, Rule 5 of the Civil Procedure Code, which authority determines whether a person is the legal representative of a deceased party?
Order XXII, Rule 5 of the CPC mandates that if a question arises as to whether any person is or is not the legal representative of a deceased plaintiff or defendant, such question shall be determined by the court. This ensures that the legal proceedings continue with the correct parties on record.
4846
What is the procedural consequence if neither the plaintiff nor the defendant appears on the date fixed for the hearing of a suit?
According to Order IX, Rule 3 of the Code of Civil Procedure, if both parties fail to appear when the suit is called for hearing, the court has the authority to pass an order dismissing the suit. This rule is designed to manage court dockets efficiently by disposing of cases where neither party demonstrates interest in proceeding.
4847
How many rules are contained within Order XXV of the Civil Procedure Code (CPC)?
Order XXV of the Civil Procedure Code, which deals with security for costs, consists of exactly two rules. Rule 1 pertains to cases in which security for costs may be required from a plaintiff, while Rule 2 outlines the effect of failure to furnish such security, including the potential dismissal of the suit.
4848
What is the procedural consequence in a suit if the next friend of a minor dies, is removed, or retires?
Under the Civil Procedure Code, a minor must be represented by a next friend in legal proceedings. If the next friend is removed, dies, or retires, the suit must be stayed until a new next friend or guardian is appointed to protect the minor's interests.
4849
What authorization is required for an alien enemy residing in Pakistan to initiate a legal suit?
Under the Civil Procedure Code, an alien enemy residing in Pakistan with the permission of the Federal Government may sue in the courts of Pakistan. This rule ensures that while the state maintains security protocols during hostilities, it also upholds the principle of access to justice for individuals who have received official state sanction to reside and operate within the jurisdiction.
4850
Under Order 1, Rule 1 of the C.P.C., what is the primary condition for multiple persons to be joined as plaintiffs in a single suit?
Order 1, Rule 1 allows for the joinder of plaintiffs if the right to relief arises out of the same act or transaction, or series of acts or transactions, and if a common question of law or fact would arise if such persons brought separate suits. This promotes judicial economy.