Section 11 of the Limitation Act, 1908, provides specific rules regarding the institution of suits on contracts entered into in foreign territories. It dictates that such suits are subject to the rules of limitation prescribed by the Act, even if the contract was made in a foreign country, provided the suit is brought within the jurisdiction of the courts in Pakistan.
4982
In whose favor can an ex parte order be issued by a civil court?
An ex parte order is a judicial order granted in the absence of the opposing party. In civil litigation, such orders are typically issued in favor of the plaintiff when the defendant fails to appear after being duly served with a summons. This allows the court to proceed with the case and potentially grant relief to the plaintiff despite the defendant's absence.
4983
Which officials are authorized to attest an authorization document in favor of an advocate?
The law provides multiple avenues for the attestation of an authorization (Vakalatnama) in favor of an advocate. This includes Notaries appointed under the 1961 Ordinance, Oath Commissioners appointed under the 1873 Act, and government servants holding a basic pay scale of 17 or higher. This flexibility ensures that legal representation can be formally authorized through various recognized public officials.
4984
What is the subject matter of Order XXXIII of the Civil Procedure Code (CPC)?
Order XXXIII of the Civil Procedure Code provides the legal framework for 'Suits by Indigent Persons,' historically referred to as 'Suits by Paupers.' This order allows individuals who lack the financial means to pay the prescribed court fees to initiate legal proceedings, provided they meet the specific criteria for indigency as defined by the court, thereby ensuring access to justice for the underprivileged.
4985
According to Order XXXII of the Civil Procedure Code, what are the qualifications required for a person to act as a 'next friend' for a minor?
Order XXXII of the Civil Procedure Code governs suits by or against minors. To act as a 'next friend'—a person who represents a minor in legal proceedings—the individual must be a major (of legal age) and of sound mind. This ensures that the representative is legally capable of making decisions and protecting the interests of the minor throughout the litigation process.
4986
If a right to sue accrues to X during his minority, and X dies before reaching the age of majority, succeeded by his minor son Y, when does the limitation period begin to run against Y?
Under the principles of the Limitation Act regarding legal disability, if a person entitled to sue is a minor, the time does not run until the disability ceases. If the original minor dies while still a minor, and the right passes to another minor, the period of limitation is generally suspended until the successor attains the age of majority. This protects the rights of minors who are unable to initiate legal proceedings independently.
4987
What is the requirement regarding the interest of a plaintiff in a legal suit?
For a person to maintain a suit as a plaintiff, they must demonstrate a 'locus standi,' which means they must have a direct, legal interest in the subject matter of the litigation. This interest must be personal and attached to the litigation, meaning the plaintiff must be aggrieved by the action or omission they are challenging in court.
4988
Which section of the Limitation Act, 1908, governs the limitation period for suits filed against express trustees and their legal representatives?
Section 10 of the Limitation Act, 1908, provides that no suit against a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), for the purpose of following in his or their hands such property, or the proceeds thereof, or for an account of such property or proceeds, shall be barred by any length of time.
4989
Which provision of the Code of Civil Procedure (C.P.C.) governs the requirement for security for costs?
Order XXV of the Code of Civil Procedure, 1908, specifically addresses the concept of 'Security for Costs'. It empowers the court to order a plaintiff to provide security for the payment of costs incurred by the defendant if the court believes the suit is vexatious or the plaintiff resides outside the jurisdiction.
4990
Under Section 4 of the Limitation Act, 1908, what is the procedure if the prescribed limitation period for a legal action expires while the Court is closed?
Section 4 of the Limitation Act, 1908, provides a crucial safeguard for litigants. It stipulates that if the limitation period for filing a suit, appeal, or application expires on a day when the court is closed, the action may be validly instituted on the day the court reopens.