Introduction The more we dwell into civil cases, the more interesting scenarios come to light. One such scenario is suit against a dead person. It immediately raises many questions like: Is such a suit maintainable, if maintainable then under what circumstances, whether legal heirs of such a dead defendant can be taken on record under […]
Suit against a dead defendant-Null or Still Maintianable? Read More »
Introduction Order 18 of Code of Civil Procedure (CPC) deals with hearing of the suit and examination of witnesses. Order 18 R.1 deals with right to begin i.e. the plaintiff has right to begin unless the defendant admits the facts alleged by the plaintiff. Order 18 Rule 2 deals with statement and production of evidence
Right to lead Rebuttal Evidence-
When and How this Right is Exercised Read More »
Introduction The phrase “defence struck off” or “defence struck out” is not unknown in the sphere of law. Indeed it finds place in various provisions of Code of Civil Procedure (CPC) and other special and local laws. This blog tries to explain the term defence struck off in general without referring to any provision in
Defence Struck Off- What it really means and the procedure thereafter Read More »
Order 9[i] of the Code of Civil Procedure (CPC) deals with the appearance of parties and the consequences of non-appearance on the first hearing. Order 17, Rule 2[ii], lays down that the non-appearance of a party on an adjourned hearing may lead to similar consequences. An ex-parte decree is a decree passed in the absence
Whether a Non-Party to the Suit can get the Ex-Parte Decree Set Aside Read More »
Introduction As is well known, Section 80 Civil Procedure Code[i], lays down that no suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, without the expiration of two months next after notice in writing. The