Under Order XXV of the Code of Civil Procedure, 1908, the court has the authority to order a plaintiff to provide security for costs in specific circumstances. If the plaintiff fails to comply with such an order within the time specified by the court, the court is empowered to dismiss the suit, thereby terminating the litigation due to non-compliance with procedural mandates.
4882
How many rules are contained within Order XIX of the Code of Civil Procedure (CPC)?
Order XIX of the Code of Civil Procedure, 1908, specifically governs the subject of affidavits. It consists of exactly three rules: Rule 1 regarding the power to order any point to be proved by affidavit, Rule 2 regarding the power to order attendance of a deponent for cross-examination, and Rule 3 regarding matters to which affidavits shall be confined.
4883
How many rules are contained within Order XVII of the Code of Civil Procedure (C.P.C.)?
Order XVII of the Code of Civil Procedure (C.P.C.) governs the adjournment of civil proceedings. It consists of exactly five rules, which outline the circumstances under which a court may grant an adjournment, the conditions imposed upon the party requesting it, and the consequences if a party fails to produce evidence or perform acts for which time was granted.
4884
Under which Order of the Code of Civil Procedure are suits involving a substantial question regarding the interpretation of the Constitution of Pakistan addressed?
Order XXVII-A of the Code of Civil Procedure, 1908, specifically deals with suits involving a substantial question of law as to the interpretation of the Constitution. This provision ensures that the Attorney General or the Advocate General is notified when the validity of a constitutional provision is challenged in civil proceedings, allowing the state to present its stance on the matter.
4885
What is the requirement regarding the scope of a claim under Order II, Rule 2 of the C.P.C.?
Order II, Rule 2 of the Code of Civil Procedure mandates that every suit must include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action. If a plaintiff intentionally omits any portion of the claim or relinquishes it, they are generally barred from suing for the omitted portion later. This rule prevents the splitting of claims and promotes judicial efficiency.
4886
How many sub-rules or specific requirements are contained within Order VII, Rule 1 of the Code of Civil Procedure?
Order VII, Rule 1 of the Code of Civil Procedure specifies the essential particulars that must be included in a plaint. These include the name of the court, the name and description of the plaintiff and defendant, the facts constituting the cause of action, and the relief claimed. The rule is structured into nine distinct clauses (sub-rules) that provide a comprehensive framework for drafting a valid plaint in civil litigation.
4887
What are the legal qualifications required for an individual to act as a next friend for a minor under Order XXXII of the C.P.C?
Order XXXII of the Code of Civil Procedure stipulates that a person acting as a next friend for a minor must be of the age of majority and of sound mind. Furthermore, the person's interest must not be adverse to that of the minor, and they must be a fit and proper person to represent the minor's interests in the court proceedings.
4888
In an interpleader suit, what specific declarations must the plaintiff include in the plaint regarding the defendants' claims?
According to Order XXXV, Rule 1 of the Code of Civil Procedure (CPC), a plaintiff in an interpleader suit must state that they claim no interest in the subject matter in dispute, other than for charges or costs, and must affirm that there is no collusion between the plaintiff and any of the defendants.
4889
Which specific order of the Code of Civil Procedure (C.P.C.) governs the framing of a suit?
Order II of the Code of Civil Procedure, 1908, specifically addresses the framing of suits. It mandates that every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action, ensuring that litigation is not split unnecessarily and that all related disputes are resolved in one proceeding.
4890
What is the prescribed format for interrogatories submitted by a party under Order XI, Rule 1 of the Code of Civil Procedure (CPC)?
Under Order XI, Rule 1 of the Code of Civil Procedure, any party seeking to deliver interrogatories to the opposite party must do so in writing. This formal requirement ensures that the questions are clearly documented, allowing the court and the opposing party to review them precisely, thereby preventing ambiguity and facilitating a structured discovery process during litigation.