Res judicata means ‘a thing adjudicated’ that is an issue that is finally settled by judicial decision. The Code deals with res judicata in section 11, relevant portion of which…
Code of Civil Procedure is nothing but an exhaustive compilation- cum-enumeration of the principles of natural justice with reference to a proceeding in a court of law. The entire object…
Res judicata means ‘a thing adjudicated’ that is an issue that is finally settled by judicial decision. The Code deals with res judicata in section 11, relevant portion of which…
The law has been explained in the case ‘Byjnath lall v. Ramodeen Chowdry (1874)’ and the decision was further affirmed by Indian courts in various cases. Facts of the Case…
Rules of procedure are intended to be a handmaid to the administration of justice. A party cannot be refused just relief merely because of some mistake, negligence, in- advertence or…
The doctrine of restitution has been enunciated, equating with an obligation on the party to the suit, which has received the benefit under a decree, which has been set aside…
Section 58 give power to the court dealing with claim or objection, to determine all questions (including questions relating to right, title or interest in the property attached) arising between…
The code gives right to choose any option for the execution of decree and except in special circumstances, court cannot compel decree holder to invoke a particular mode of execution.
Order 21 of the CPC which elaborate the procedure of execution of decree and orders, also discuss the ways to obtain decretal amount from the judgement debtor. Order 21 is…
