Order IX-A of the Code of Civil Procedure specifically addresses the procedural requirements for managing intermediate dates following the submission of an application. It ensures that the court maintains a structured timeline for proceedings after an application has been filed, preventing unnecessary delays. While the provided answer is B, practitioners should note that procedural rules can vary by jurisdiction, and this order is distinct from general provisions regarding ex parte proceedings.
4852
If a warehouse-keeper is entrusted with goods for delivery to Z, but B wrongfully takes possession of them, against whom may the warehouse-keeper initiate a legal suit?
In this scenario, the warehouse-keeper acts as a bailee. Since B has wrongfully taken possession of the goods, the warehouse-keeper has a legal right to recover the possession of the goods from the wrongdoer, B. The warehouse-keeper is responsible for the safety of the goods and has the standing to sue the person who interfered with that possession, regardless of the intended recipient, Z.
4853
Which section of the Civil Procedure Code governs the filing of suits by aliens?
Section 83 of the Civil Procedure Code specifically addresses the capacity of aliens to sue. It stipulates that alien friends may sue in any court in Pakistan, while alien enemies residing in Pakistan with the permission of the Federal Government may also sue, provided they comply with the procedural requirements set forth in the Code.
4854
How many rules are contained within Order XXIV of the Civil Procedure Code?
Order XXIV of the Code of Civil Procedure, 1908, titled 'Payment into Court', consists of exactly four rules. These rules govern the procedure for a defendant to deposit money into court in satisfaction of a claim, providing a mechanism for settling disputes before or during the litigation process.
4855
In which provision of the Code of Civil Procedure (CPC) is the illustration regarding the set-off of definite pecuniary demands between parties provided?
Order VIII, Rule 6 of the Code of Civil Procedure, 1908, governs the concept of 'set-off'. It allows a defendant to claim a set-off against the plaintiff's demand if the suit is for the recovery of money, provided the amount is legally recoverable, ascertainable, and does not exceed the pecuniary jurisdiction of the court.
4856
What is the prescribed time limit for a legal representative to apply to be brought on the record following the death of a plaintiff or appellant?
According to Article 177 of the Limitation Act, 1908, an application to have the legal representative of a deceased plaintiff or appellant made a party to the suit must be filed within ninety days from the date of the death of the deceased party. This ensures the continuity of legal proceedings.
4857
When a minor co-plaintiff reaches the age of majority and requests to have their name removed from the suit, whom must the court notify before issuing an order?
Procedural fairness dictates that when a minor attains majority and seeks to alter their status in a pending suit, the court must ensure transparency. Notifying both the 'next friend' (who represented the minor) and the defendant ensures that all parties are aware of the change in legal representation and the potential impact on the suit's proceedings.
4858
What is the consequence if a plaintiff fails to provide the security for costs ordered by the court under Order XXV of the Civil Procedure Code?
Order XXV of the Civil Procedure Code empowers the court to demand security for costs from a plaintiff in specific circumstances. If the plaintiff fails to comply with the court's order to furnish such security within the specified time, the court is authorized to dismiss the suit. This provision protects defendants from being forced to defend against potentially frivolous or unrecoverable claims.
4859
When a plaintiff relies on specific documents as evidence to support their claim, how must these documents be presented in the pleadings?
According to the Code of Civil Procedure, a plaintiff is required to produce documents upon which they sue or rely. These documents must be entered in a list and annexed to the plaint at the time of its presentation. This procedural requirement ensures transparency and allows the defendant to be fully aware of the evidence being brought against them from the inception of the suit.
4860
Which document is required to be submitted under Order XI, Rule 13 of the Code of Civil Procedure (C.P.C)?
Order XI, Rule 13 of the Code of Civil Procedure, 1908, mandates that a party to a suit may be required to file an affidavit of documents. This document must list all the relevant papers and records that are or have been in the party's possession or power relating to the matters in question, facilitating the discovery process in civil litigation.
