101. Question to be determined. All questions (including questions relating to right, title or interest in the property) arising between the parties to a proceeding on an application under rule 97 or rule 99 or their representatives, and relevant to the adjudication of the application, shall be determined by theKEEP READING
9. Effect of abatement or dismissal. (1) Where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the same cause of action. (2) The plaintiff or the person claiming to be the legal representative of a deceased plaintiff or the assignee or theKEEP READING
3. Compromise of suit. Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise in writing and signed by the parties or where the defendant satisfied the plaintiff in respect of the whole orKEEP READING
ORDER XXVII – SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY 1. Suits by or against Government. In any suit by or against the Government the plaint or written statement shall be signed by such person as the Government may, by general or special order,KEEP READING
3. Plaints in suits by or against Government. In suits by or against the Government instead of inserting in the plaint the name and description and place of residence of the plaintiff or defendant, it shall be sufficient to insert the appropriate name as provided in section 79. Read CPCKEEP READING
8. Procedure in suits against public officer. (1) Where the Government undertakes the defence of a suit against a public officer, the Government pleader, upon being furnished with authority to appear and answer the plaint, shall apply to the Court, and upon such application the Court shall cause a noteKEEP READING
2. Service on corporation. Subject to any statutory provision regulating service of process, where the suit is against a corporation, the summons may be served- (a) on the secretary, or on any director, or other principal officer of the corporation, or (b) by leaving it or sending it by postKEEP READING
4. Rights of suit on death of partner. (1) Notwithstanding anything contained in Section 45 of the Indian Contract Act, 1872 (9 of 1872) where two or more persons may sue or be sued in the name of a firm under the foregoing provisions and any of such persons dies,KEEP READING
ORDER XXXII – SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND 1. Minor to sue by next friend. Every suit by a minor shall be Instituted in his name by a person who in such suit shall be called the next friend of the minor. Explanation- In thisKEEP READING
9. Decree where nothing is found due or where mortgagee has been overpaid. Notwithstanding anything hereinbefore contained, if it appears, upon taking the account referred to in rule 7, that nothing is due to the defendant or that he has been overpaid, the Court shall pass a decree directing theKEEP READING
2. Institution of summary suits. (1) A suit, to which this Order applies, may if the plaintiff desires to proceed hereunder, be instituted by presenting a plaint which shall contain,- (a) a specific averment to the effect that the suit is filed under this Order; (b) that no relief, whichKEEP READING
2. Injunction to restrain repetition or continuance of breach. (1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit,KEEP READING
4. Order for injunction may be discharged, varied or set aside. Any order for an injunction may be discharged, or varied, or set aside by the Court, on application made thereto by any party dissatisfied with such order: Provided that if in an application for temporary injunction or in anyKEEP READING
8. Application for such orders to be after notice. (1) An application by the plaintiff for an order under rule 6 or rule may be made at any time after institution of the suit. (2) An application by the defendant for a like order may be made at any timeKEEP READING
7. No security to be required from the Government or a public officer in certain cases. [Rep. by the A.O. 1937.] Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING
19. Re-admission of appeal dismissed for default. Where an appeal is dismissed under rule 11, sub-rule (2) or rule 17 or rule 18, the appellant may apply to the Appellate Court for the re-admission of the appeal; and, where it is proved that he was prevented by any sufficient causeKEEP READING
