Any amendment made, or any provision inserted in the principal Act by a State Legislature or High Court before the commencement of this Act shall, except in so far as such amendment or provisions are consistent with the principal Act as amended by this Act, stand repealed.
On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion, without such notice, the High Court or the District Court may, at any stage
ADDITIONAL EVIDENCE AT APPEALLATE STAGE-Order XLI Rule 27 of C.P.C. seeking permission to file additional documents- a party seeking to file additional documents in the appellate stage must first satisfy the ingredients of Order XLI Rule 27 of C.P.C. Only while considering the appeal, the Court has to decide whether with available materials, all the issues raised in the appeal can be decided fully. Only when the Court comes to the conclusion that additional evidence, both oral and documentary evidence is required for properly and fully deciding the issue in the appeal, can consider the application for filing additional documents. The Court has to decide whether the documents sought to be filed are necessary and will be helpful to decide the issue in the appeal. Even before hearing the appeal, the Court cannot independently hear the application for filing additional documents.
An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature Whereas it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; it is hereby enacted as follows:-
The Code is a codification of the principles of natural justice. Natural justice means ‘justice to be done naturally’ which is adopted naturally by the habits of every individual. It does not mean godly-justice or justice of nature. It simply means an inbuilt-habit of a person to do justice
A decision or finding given by a court or a tribunal without jurisdiction
(a) can operate as res—judicata under all circumstances
(b) cannot operate as res-judicata
(c) can operate as res-judicata under certain circumstances only
(d) may operate as res-judicata or may not- operate as res-judicata.
CIVIL Procedure Code Amended CPC Salem Advocate Bar Assn VS UOI AIR 2005 SC 3353 Ram Chandra Singh V Savitri Devi and Ors 2003 8 SCC 319 Fraud Santosh V Jagat Ram and Anr MANU SC 0097 2010 SP Chengalvaraya Naidu vs Jagannath AIR 1994 SC 853 Section 9 of CPC Dhulabai vs state of MP 2005 3 SCC 427 […]
In any suit the plaintiff or defendant by leave of the Court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is required to answer
First Set . (1) What is a Compromise Suit and how to set-aside a Compromise Decree? (2) Whether an applicant is competent to move HC with a review petition in case of SLP rejected by a Non-speaking Order ? (3) Setting aside decree ex-parte against defendant on the basis of sufficient cause-What is Sufficient Cause? (4) For the purpose of […]
Section 144 applies to a situation where a decree or order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose. The principle of doctrine of restitution is that on the reversal of a decree, the law imposes an obligation on the party to the suit who received the benefit of the decree to make restitution to the other party for what he has lost.