When a case before a court involves a substantial question regarding the interpretation of the Constitution or the validity of a federal law, the court is required to issue notice to the Attorney General for Pakistan. This ensures that the Federal Government has the opportunity to present its position on matters of constitutional significance, thereby upholding the principle of executive participation in constitutional adjudication.
4912
How many schedules are included in the Limitation Act of 1908?
The Limitation Act, 1908, contains one schedule. This schedule is of critical importance as it lists the various types of suits, appeals, and applications, and specifies the period of limitation for each, after which the legal remedy becomes time-barred.
4913
Where must a plaintiff list the documents upon which they rely to support their claim in a civil suit?
According to the rules of civil procedure, when a plaintiff initiates a suit, they are required to produce all documents in their possession or power upon which they base their claim. These documents must be entered into a formal list and annexed to the plaint at the time of filing to ensure transparency and prevent the introduction of surprise evidence later in the proceedings.
4914
How many rules are contained within Order XI of the Civil Procedure Code?
Order XI of the Code of Civil Procedure, 1908, which deals with discovery and inspection of documents, consists of 23 rules. These rules provide the procedural mechanism for parties to obtain information and evidence from the opposing party before the trial commences, thereby facilitating a fair and transparent adjudication process.
4915
Pursuant to Section 15 of the CPC, in which court must every suit be instituted?
Section 15 of the CPC establishes the principle of pecuniary jurisdiction, requiring that every suit be instituted in the court of the lowest grade competent to try it. This rule is designed to prevent the overburdening of higher courts with cases that can be adequately resolved by lower courts, thereby ensuring the efficient distribution of judicial workload and providing accessible justice to litigants.
4916
Under the Code of Civil Procedure, an affidavit provided in response to interrogatories must follow which specific form in Appendix C?
According to Order XI, Rule 9 of the Code of Civil Procedure (CPC), an affidavit in answer to interrogatories must be prepared in Form No. 3 of Appendix C. The court allows for minor variations in the form depending on the specific circumstances of the case, but the standard format remains the prescribed requirement for procedural compliance.
4917
Which Order of the Code of Civil Procedure (C.P.C) regulates suits pertaining to the mortgage of immovable property?
Order XXXIV of the Code of Civil Procedure is specifically dedicated to suits relating to mortgages of immovable property. It provides the procedural framework for foreclosure, sale, and redemption of mortgaged properties, outlining the requirements for preliminary and final decrees in such litigation.
4918
If an officer of the Armed Forces is unable to participate in legal proceedings due to official duties or leave, who is authorized to act on their behalf?
The Code of Civil Procedure provides specific provisions for military personnel. If an officer is unable to attend court due to service requirements or leave, they may authorize another person to represent them in the proceedings. This ensures that the legal rights of military personnel are protected even when they are physically unable to appear in court, maintaining access to justice for those serving the state.
4919
What is the legal term for the fee paid by the court to a medical practitioner to cover their necessary travel expenses?
In legal proceedings, 'conduct money' refers to the amount paid to a witness, including expert witnesses like medical practitioners, to cover their reasonable travel and subsistence expenses incurred while attending court to provide evidence or testimony as required by a subpoena.
4920
Which provision of the Civil Procedure Code, 1908, governs the rejection of a plaint?
Order VII, Rule 11 of the Civil Procedure Code (CPC), 1908, provides the specific grounds upon which a court may reject a plaint. These grounds include instances where the plaint does not disclose a cause of action, the relief claimed is undervalued, or the plaint is insufficiently stamped. This rule is a critical procedural tool for courts to dismiss meritless or procedurally defective lawsuits at an early stage.