Order XXXV of the Code of Civil Procedure (C.P.C) specifically governs interpleader suits. An interpleader suit is a legal action where a person who is in possession of property or money, but has no personal interest in it, asks the court to determine which of the rival claimants is entitled to the property, thereby protecting the stakeholder from multiple litigations.
4862
Which category of litigants is governed by Order XXX of the Code of Civil Procedure (CPC)?
Order XXX of the Code of Civil Procedure specifically provides the procedural rules for suits by or against firms and persons carrying on business in names other than their own. This order is essential for managing litigation where the business entity operates under a trade name, ensuring that the legal process correctly identifies the parties involved in the business relationship for the purpose of service and judgment.
4863
Under Order XVII, Rule 1 of the CPC, under what circumstances may a court grant an adjournment of a hearing?
Order XVII, Rule 1 of the Code of Civil Procedure provides the court with the discretion to grant an adjournment. This power is exercised when a party demonstrates sufficient cause for the delay, ensuring that the judicial process remains fair while preventing unnecessary litigation delays.
4864
Which subject matter is primarily addressed under Order 1 of the Code of Civil Procedure?
Order 1 of the Code of Civil Procedure, 1908, is titled 'Parties to Suits.' It provides comprehensive rules regarding who may be joined as plaintiffs or defendants, the power of the court to strike out or add parties, and procedures for misjoinder or non-joinder of parties in civil litigation.
4865
What is the subject matter covered under Order IV of the Code of Civil Procedure (CPC)?
Order IV of the Code of Civil Procedure (CPC) specifically deals with the 'Institution of Suits.' It mandates that every suit shall be instituted by presenting a plaint to the court or such officer as it appoints in this behalf. This order establishes the formal procedural requirement for initiating civil litigation in a court of law.
4866
Who is authorized to apply to the High Court for the issuance of a commission?
Under the Civil Procedure Code, the court has the discretion to issue a commission for various purposes, such as examining witnesses or local investigations. Applications for such commissions can be initiated by the parties involved in the litigation or by authorized law officers representing the government, facilitating the gathering of necessary evidence for the court's adjudication.
4867
In a suit for compensation where the cause of action arises only upon the occurrence of specific injury, when does the limitation period commence?
Under the Limitation Act, for suits where the cause of action is contingent upon the actual occurrence of damage or injury resulting from an act, the period of limitation begins to run from the moment that specific injury is sustained, rather than from the date of the initial act.
4868
According to Order XXXV, Rule 2 of the Code of Civil Procedure, what is the requirement for a plaintiff in an interpleader suit regarding the subject matter?
In an interpleader suit, the plaintiff is typically a stakeholder who holds property or funds claimed by two or more defendants. Order XXXV, Rule 2 provides that if the subject matter of the suit is capable of being paid into court or placed in its custody, the court may direct the plaintiff to do so. This ensures that the property is preserved and available for the rightful claimant as determined by the court's final judgment.
4869
Which specific provision of the Civil Procedure Code (CPC) outlines the procedure for the return of a plaint?
Order VII, Rule 10 of the Civil Procedure Code deals with the return of a plaint. Specifically, Rule 10(1) mandates the return of a plaint to be presented to the court in which the suit should have been instituted. Rule 10(2) provides the procedural requirement that the judge, upon returning the plaint, shall endorse the date of presentation and return, the name of the party presenting it, and a brief statement of the reasons for such return.
4870
What is the procedural consequence when the next friend of a minor is removed, retires, or passes away?
Under the Code of Civil Procedure, if the next friend of a minor party retires, is removed by the court, or dies, all further proceedings in the suit are stayed. The litigation cannot resume until a new next friend or guardian is formally appointed to represent the minor's interests, ensuring the minor's legal rights are protected throughout the judicial process.