It is well known in civil cases that plaintiff is the master of the suit and he has to win the case on his own legs. It follows that since plaintiff comes up with a claim before the court, he owes the burden to prove the material particulars in his favour to get a decree […]
When Defendant can lead Evidence before Plaintiff in a Civil Suit Read More »
Introduction It is a normal thing in civil courts that civil suits get dismissed for default under Order 9 Rule 8[i] of Civil Procedure Code (CPC) when the plaintiff doesn’t appear when the suit is called on for hearing. Once the suit gets dismissed for default the remedy plaintiff has is to file a restoration
Part-II This is second part of Bi-Partite Article Series. This part focuses on situation when the plaintiff dies in a civil action for defamation. It also provides for the remedies that are available to the Legal Representatives of Deceased Plaintiff. Civil Suit for Defamation-Plaintiff died; Can his Legal Representatives continue the suit When a party
Section 2(3)[i] of Code of Civil Procedure provides that a decree holder is a person in whose favour a decree has been passed or order capable of execution has been made. So this definition gives us an impression that only the person in whose favour a decree or order has been passed can get it
The present article focuses on the regularly encountered situation in trial courts. It is often seen that in a suit by plaintiff where he claims injunction in the connected miscellaneous file through an application under Order 39 CPC, defendant many times through his reply to the plaintiff’s application not only denies the averments of the
Defendant’s Claim for Injunction in Suit filed by Plaintiff Read More »