In a suit for the recovery of money, the plaintiff is legally required to state the precise amount claimed in the plaint. This is essential for the court to determine its pecuniary jurisdiction and to calculate the appropriate court fees, as well as to provide the defendant with clear notice of the financial liability being asserted against them.
4902
What is the total number of rules contained in Order XVII of the Code of Civil Procedure?
Order XVII of the Code of Civil Procedure, 1908, specifically addresses the provisions regarding adjournments in civil suits. It consists of 5 rules that regulate the circumstances under which a court may grant an adjournment to a party, the conditions for such grants, and the consequences of failing to proceed with the suit on the adjourned date.
4903
How many rules are contained within Order XXXVI of the Code of Civil Procedure?
Order XXXVI of the Code of Civil Procedure, 1908, deals with 'Special Cases' where parties may agree to state a case for the opinion of the court. This Order consists of exactly five rules, which outline the procedure for filing the agreement, the court's power to pronounce judgment, and the execution of the resulting decree.
4904
How many specific grounds are listed under Order VII, Rule 11 of the C.P.C. that may result in the rejection of a plaint?
Order VII, Rule 11 of the Code of Civil Procedure (C.P.C.) provides the grounds for the rejection of a plaint. These grounds include: (a) where it does not disclose a cause of action; (b) where the relief claimed is undervalued; (c) where the plaint is insufficiently stamped; and (d) where the suit appears barred by any law. There are four distinct clauses under this rule.
4905
Once a civil suit has been formally instituted, to whom may the court issue a summons?
Upon the formal institution of a suit, the court issues a summons to the defendant(s) to appear and answer the claim on a day to be specified therein. This is a fundamental step in civil litigation to ensure the defendant is aware of the allegations and has the opportunity to present their defense before the court.
4906
What does the legal term 'Pleading' encompass within the context of civil litigation?
According to the Civil Procedure Code, pleadings are defined as the plaint or the written statement. The plaint is the document filed by the plaintiff to initiate a suit, while the written statement is the defense filed by the defendant. Together, they form the basis of the issues to be decided by the court.
4907
Under Order VIII, Rule 2 of the Civil Procedure Code, which party is required to raise all matters in their pleadings that demonstrate the suit is not maintainable?
Order VIII, Rule 2 of the CPC imposes a duty on the defendant to raise all grounds of defense in their written statement. This includes any facts showing that the suit is not maintainable, such as issues of jurisdiction, limitation, or other legal bars. Failure to raise these points in the pleadings may preclude the defendant from relying on them at a later stage of the trial.
4908
According to Order II, Rule 2 of the Code of Civil Procedure, what must a suit include regarding the plaintiff's claim?
Order II, Rule 2 of the Code of Civil Procedure, 1908, 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 relinquishes any portion of their claim, they cannot sue for the portion so omitted later. This rule prevents the splitting of claims and ensures finality in litigation.
4909
What is the legal designation for an individual who represents the estate of a deceased person?
A 'legal representative' is defined as a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased. This role is essential in legal proceedings to ensure that the interests of the deceased's estate are properly managed, defended, or pursued in court after the individual's death.
4910
Which Order of the Civil Procedure Code (CPC) governs legal proceedings involving trustees, executors, and administrators?
Order XXXI of the Civil Procedure Code specifically addresses suits by or against trustees, executors, and administrators. It provides the procedural framework for how these representatives can sue or be sued in their representative capacity, ensuring that the interests of the estate or trust are properly managed and represented during litigation.