Order VI, Rule 2 of the CPC mandates that every pleading must contain a concise statement of the material facts on which the party relies for their claim or defense, but not the evidence by which those facts are to be proved. This rule is designed to narrow the issues for trial and prevent the court from being overwhelmed by evidentiary details at the initial stage.
4892
Which form in Appendix C of the Code of Civil Procedure is prescribed for an affidavit in answer to interrogatories, subject to necessary modifications?
According to the procedural requirements of the Code of Civil Procedure, an affidavit used to answer interrogatories must adhere to the format specified in Form No. 3 of Appendix C. This standardized form ensures that the responding party provides the necessary information clearly and under oath, allowing for minor adjustments to suit the specific facts of the case.
4893
What is the subject matter of Order VII, Rule 9 of the C.P.C.?
Order VII, Rule 9 of the Code of Civil Procedure outlines the procedure to be followed after a plaint has been admitted. It specifically deals with the requirement for the plaintiff to present copies of the plaint for service upon the defendants, ensuring that the litigation process commences with proper notice to all parties involved.
4894
What is the prescribed method for summoning defendants in a summary trial?
In summary trials, the procedure for summoning defendants is governed by specific rules to ensure efficiency. The summons must be issued in accordance with Form 4 of Appendix B of the Civil Procedure Code (C.P.C.). This ensures that the defendant is properly notified of the claim and the date of the hearing, maintaining the integrity of the summary process.
4895
What is the procedural consequence if a lawsuit is filed on behalf of a minor without the appointment of a next friend?
Under the Civil Procedure Code, a minor lacks the legal capacity to sue in their own name. If a suit is instituted without a next friend, the court will order the plaint to be taken off the file, effectively removing it from the record until proper representation is established.
4896
According to Order VIII, Rule 6 of the Civil Procedure Code, in which document must the defendant specify the particulars of a set-off?
Order VIII, Rule 6 of the Civil Procedure Code mandates that a defendant claiming a set-off must include the particulars of the debt in their written statement. The written statement serves as the formal pleading where the defendant responds to the plaintiff's claims and asserts any counter-claims or set-offs, allowing the court to adjudicate the net amount due between the parties.
4897
In the context of civil procedure, what is the legal classification of service of summons via newspaper publication?
Under the Code of Civil Procedure, when a defendant cannot be served through ordinary means, the court may order service through alternative methods, such as publication in a newspaper. This is legally termed 'substituted service' because it replaces the standard personal service requirement when the latter is impractical or the defendant is evading process.
4898
When a judge conducts an examination of a party under Order X of the Code of Civil Procedure, what is the mandatory requirement regarding the record of such examination?
Under Order X of the Code of Civil Procedure, when a court examines a party to clarify matters in controversy, the judge is legally obligated to reduce the substance of that examination into writing. This written record forms part of the judicial proceedings and ensures that the statements made by the parties are preserved accurately for future reference, judicial review, and the final adjudication of the suit.
4899
What subject matter is covered under Order XIII of the Code of Civil Procedure (CPC)?
Order XIII of the Code of Civil Procedure, 1908, governs the production, impounding, and return of documents in civil suits. It ensures that all documentary evidence is properly presented to the court during the trial phase and provides mechanisms for the court to retain or return these documents as necessary, maintaining the integrity of the judicial record.
4900
How many rules are contained within Order XXXIII of the Civil Procedure Code (C.P.C.)?
Order XXXIII of the Code of Civil Procedure, 1908, which deals with suits by indigent persons (formerly referred to as pauper suits), consists of 16 rules. These rules outline the procedure for filing a suit when a plaintiff is unable to pay the prescribed court fees, ensuring access to justice for those with limited financial means.