Order XLI Rule 27 C.P.C.- In Brief
The general principle is that the Appellate Court should not travel outside the record of the lower court and cannot take any evidence in appeal. However, as an exception, Order…
The general principle is that the Appellate Court should not travel outside the record of the lower court and cannot take any evidence in appeal. However, as an exception, Order…
Order XII CPC deals with admission of the case, admission of the documents and judgment on admissions. Rule 1 thereof provides that a party to a suit may give notice…
Presumption of notice has been interpreted by the Full Bench of Allahabad High Court in Ganga Ram v. Phulwati (FB) A.I.R. 1970 Allahabad 446, where following questions were referred:- (1)…
In the written statement filed by defendant, specific para-wise reply should be given. In the absence of para-wise reply to the plaint, it becomes a roving inquiry for the Court…
In the eye of law, an owner would be deemed to be in possession of a property so long as there is no intrusion. Non-use of the property by the…
Order XLI of the Code deals with appeals from original decrees. Rules 1 and 2 give the right to file an appeal against a decree in the manner and on…
Section 2(u) of CrPC defines “Public Prosecutor”. It reads as follows:- “(u) “Public Prosecutor” means any person appointed under Section 24, and includes any person acting under the directions of…
Order XVIII Rule 4 of the Civil Procedure Code provides for the mode of recording the evidence. The said provision reads as follows: “4. Recording of evidence.— (1) In every…
Order IX Rule 6 (1)(a) lays down the procedure where after due service of summons, the defendant does not appear when the suit is called on for hearing. In that…
The hearing of a suit begins on production of evidence by the parties and suit gets culminated on pronouncement of the judgment. Order XVIII Under Order XVIII Rule 1 of…