ORDER XXX of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN 1. Suing of partners in name of firm. (1) Any two or more persons claiming or being liable as partners and carrying on business, in IndiaKEEP READING
ORDER XXXI of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS 1. Representation of beneficiaries in suits concerning property vested in trustees, etc. In all suits concerning property vested in a trustee, executor or administrator, where the contention is between the persons beneficially interested inKEEP READING
ORDER XXXII of CIVIL PROCEDURE CODE (CPC) – 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 ofKEEP READING
ORDER XXXIIA of CIVIL PROCEDURE CODE (CPC) – SUITS RELATING TO MATTERS CONCERNING THE FAMILY 1. Application of the Order. (1) The provision of this Order shall apply to suits or proceedings relating to matters concerning the family. (2) In particular, and without prejudice to the generality of the provisionsKEEP READING
ORDER XXXIII of CIVIL PROCEDURE CODE (CPC) – SUITS BY INDIGENT PERSONS 1. Suits may be instituted by indigent person. Subject to the following provisions, any suit may be instituted by an indigent person. Explanation I- A person is an indigent person,- (a) if he is not possessed of sufficientKEEP READING
ORDER XXXIV of CIVIL PROCEDURE CODE (CPC) – SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY 1. Parties to suits for foreclosure sale and redemption. Subject to the provisions of this Code, all persons having an interest either in the mortgage-security or in the right of redemption shall be joined asKEEP READING
ORDER XXXV of CIVIL PROCEDURE CODE (CPC) – INTERPLEADER 1. Plaint in interpleader-suit. In every suit of interpleader the plaint shall, in addition to the other statements necessary for plaints, state- (a) that the plaintiff claims no interest in the subject-matter in dispute other than for charges or costs; (b)KEEP READING
ORDER XXXVI of CIVIL PROCEDURE CODE (CPC) – SPECIAL CASE 1. Power to state case for Court’s opinion. (1) Parties claiming to be interested in the decision of any question of fact or law may enter into an agreement in writing stating such question in the form of a caseKEEP READING
ORDER XXXVII of CIVIL PROCEDURE CODE (CPC) – SUMMARY PROCEDURE 1. Courts and classes of suits to which the Order is to apply. (1) This Order shall apply to the following Court, namely- (a) High Courts, City Civil Courts and Courts of Small Causes; and (b) other Courts; Provided thatKEEP READING
ORDER XXXVIII of CIVIL PROCEDURE CODE (CPC) – ARREST AND ATTACHMENT BEFORE JUDGEMENT Arrest before judgment 1. Where defendant may be called upon to furnish security for appearance. Where at any stage of a suit, other than a suit of the nature referred to in section 16, clauses (a) toKEEP READING
ORDER XXXIX of CIVIL PROCEDURE CODE (CPC) – TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS. Temporary injunctions. 1. Cases in which temporary injunction may be granted. Where in any suit it is proved by affidavit or otherwise- (a) that any property in dispute in a suit is in danger of being wasted, damagedKEEP READING
ORDER XL of CIVIL PROCEDURE CODE (CPC) – APPOINTMENT OF RECEIVERS. 1. Appointment of receivers. (1) Where it appears to the Court to be just and convenient, the Court may by order- (a) appointment a receiver of any property, whether before or after decree; (b) remove any person from theKEEP READING
ORDER XLI of CIVIL PROCEDURE CODE (CPC) – APPEALS FROM ORIGINAL DECREES 1. Form of appeal. What to accompany memorandum. (1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as itKEEP READING
ORDER XLII of CIVIL PROCEDURE CODE (CPC) – APPEALS FROM APPELLATE DECREES 1. Procedure. The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees. 2. Power of Court to direct that the appeal be heard on the question formulated by it. At theKEEP READING
ORDER XLIII of CIVIL PROCEDURE CODE (CPC) – APPEALS FROM ORDERS 1. Appeal from orders. An appeal shall lie from the following orders under the provisions of section 104, namely- (a) an order under rule 10 of Order VII returning a plaint to be presented to the proper Court [exceptKEEP READING
ORDER XLIV of CIVIL PROCEDURE CODE (CPC) – APPEALS BY INDIGENT PERSONS 1. Who may appeal as an indigent person. Any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal,KEEP READING
