In summary suits under Order XXXVII of the CPC, the defendant does not have an automatic right to defend. Upon receiving the summons, the defendant must apply for 'leave to defend' within the prescribed time. The court will only grant this leave if the defendant discloses a triable issue or a substantial defense, otherwise, the plaintiff is entitled to a summary judgment.
4942
What is the subject matter of Order VIII, Rule 13 of the Code of Civil Procedure (CPC)?
Order VIII of the Code of Civil Procedure deals with written statements and set-offs. Rule 13 specifically addresses the requirement for the defendant to provide details regarding their legal representatives. This procedural rule ensures that the court maintains an accurate record of parties and their successors throughout the litigation process to prevent delays in service of process.
4943
What is the primary purpose of Order XV of the Code of Civil Procedure (CPC)?
Order XV of the CPC governs the disposal of a suit at the first hearing. It allows the court to pass judgment immediately if it appears that the parties are not at issue on any question of law or fact, or if the defendant fails to present a defense, thereby saving judicial time and resources by avoiding a full trial.
4944
Which procedural subject matter is addressed under Order XI of the Code of Civil Procedure?
Order XI of the Code of Civil Procedure (CPC) is dedicated to the mechanisms of discovery and inspection. This order provides the legal framework for parties to obtain information from each other regarding facts and documents relevant to the suit. By allowing parties to inspect documents and answer interrogatories, the law promotes transparency, narrows the issues in dispute, and helps in the efficient resolution of civil cases.
4945
What is the primary subject matter governed by Order VI of the Code of Civil Procedure?
Order VI of the Code of Civil Procedure (CPC) is titled 'Pleadings Generally'. It establishes the fundamental rules for drafting plaints and written statements, defining how parties must set forth their claims and defenses in a civil suit to ensure that the issues in controversy are clearly identified for the court's adjudication.
4946
Which court is governed by Order XLIX of the Code of Civil Procedure?
Order XLIX of the Code of Civil Procedure, 1908, specifically pertains to the rules and procedures applicable to Chartered High Courts. It outlines how the provisions of the Code apply to these courts, ensuring procedural consistency while acknowledging their unique constitutional and statutory status within the judicial hierarchy of Pakistan.
4947
Which procedural aspect of the Code of Civil Procedure (CPC) is governed by Order VII?
Order VII of the Code of Civil Procedure, 1908, is dedicated to the 'Plaint'. It provides detailed rules regarding the particulars that must be included in a plaint, the rejection of a plaint, and the documents that must be produced by the plaintiff upon filing a civil suit. It serves as the foundational procedural requirement for initiating civil litigation.
4948
Under Order VI, Rule 18 of the Code of Civil Procedure, what is the time limit for a party to amend their pleadings after being granted leave by the court?
Order VI, Rule 18 of the Code of Civil Procedure (CPC) provides that if a party who has obtained an order for leave to amend does not amend within the time limited for that purpose by the order, or if no time is limited, then within fourteen days from the date of the order, they shall not be permitted to amend after the expiration of such limited time.
4949
Under the Code of Civil Procedure, how is a 'pauper' or indigent person defined?
Historically, the term 'pauper' referred to an indigent person unable to pay court fees. Under the Code of Civil Procedure, specifically Order XXXIII, a person is considered indigent if they do not possess sufficient means to pay the prescribed court fee, or where no fee is prescribed, if they do not possess property worth one thousand rupees, excluding necessary wearing apparel and the subject matter of the suit.
4950
How many rules are contained within Order XXX of the Code of Civil Procedure, 1908?
Order XXX of the Code of Civil Procedure, 1908, pertains to suits by or against firms and persons carrying on business in names other than their own. It contains 10 rules that govern the procedure for such suits, including the disclosure of partners' names and the service of summons on the firm. The explanation provided in the source text regarding interpleader is factually incorrect.