When any document is rejected by court under O XIII Rule 3 of CPC the order of such rejection will be?
Rejection of irrelevant or inadmissible documents. The Court may at any stage of the suit reject any document which it considers irrelevant or otherwise inadmissible, recording the grounds of such rejection.
What is order 7cpc?
Plaint is defined in order 7 of CPC. Rules 1to8 of order relate to particulars in a plaint. Rule 9 lays down procedure on plaint being admitted. Whereas rules 10 to 10-B provide for the return of plaint, and appearance of parties, rules 11 to 13 deal with rejection of plaint.
What is meant by impounding of document under CPC?
If it finds the document required to be sufficiently stamped, and is not duly stamped or insufficiently stamped, it shall call upon the party producing the document to deposit duty payable as well as the penalty and on failure, it can impound the document.
How many orders are there in Civil Procedure Code?
The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India. The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules.
What is framing of issues in CPC?
When one party affirms and other party denies a material proposition of fact or law, then only issues arise. If there is no specific denial, the question of framing issue does not, generally, arise. Material propositions are those propositions of law or fact…
Can a fresh suit be instituted after withdrawal if yes explain?
The consequences of withdrawal are mentioned in Order XXIII, Rule 1, Sub-rule (3). The plaintiff withdrawing the suit without the permission of the Court is liable for such costs as the Court may award and is also precluded from instituting any fresh suit in respect of the subject-matter of the suit.
What is subsequent pleading?
“Subsequent Pleading – No pleading subsequent to the written statement of a defendant other than by way of defence to set-off or counter-claim shall be presented except by the leave of the Court and upon such terms as the Court thinks fit; but the Court may at any time require a written statement or additionally …
What is Code of Civil Procedure 1908 HB under section 26?
Institution of suits. [(1)] Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. [(2) In every plaint, facts shall be proved by affidavit.]
What does Rule 2 A of Order XII pertaining to admissions mainly provide for?
Any party to a suit may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party.
Why is affidavit not evidence?
Affidavit is an admissible evidence, however some courts may need you to testify the affidavit or they may consider it as hearsay evidence. Since hearsay is not admissible as an evidence, the affidavit may not be used for evidence if anyone objects to it unless it is testified.
Which order has maximum rules in CPC?
Further Part II provides for the provisions regarding the execution of decrees under Sections 36 to 74 and to be r/w Order XXI having 106 rules (maximum number of rules in any Order in CPC).
What is difference between section and order?
Thus a Section provides all the provisions related to the general principles of the civil jurisdiction whereas the order prescribes the procedures and the methods that are required to proceed with the civil cases.
What are the rules of Civil Procedure Code?
Important Orders and Rules of Civil Procedure Code. Order 1 – PARTIES TO SUITS. Rule 1. Who may be joined as plaintiffs. Rule 3. Who may be joined as defendants. Rule 9. Mis-joinder and non-joinder. Order 2 – FRAME OF SUIT. Order 4 – INSTITUTION OF SUITS. Order 5 – ISSUE AND SERVICE OF SUMMONS.
What are the section 12 and 13 of the Civil Procedure Code?
Section 12. Bar to further suit. Section 13. When foreign judgment not conclusive. Section 14. Presumption as to foreign judgments. Section 15. Court in which suits to be instituted. Section 16. Suits to be instituted where subject-matter situate. Section 17. Suits for immovable property situate within jurisdiction of different Courts. Section 18.
What are the provisions of Rule 13 of order 9?
(4) The provisions of the first proviso to rule 13 of Order 9 and the provisions of rule 14 of the said Order shall apply to an order setting aside a decree or order under sub-rule (3). (5) The application under sub-rule (3) shall be filed within one year from the date of cessation of hostilities with the said State.
What is the Sub Rule (3) of Rule 22 order 21?
[Calcutta].- Add the following as sub-rule (3) to rule 22, Order 21: ” (3) Omission to issue a notice in a case where notice is required under sub-rule (1), or to record reasons in a case where notice is dispensed with under sub-rule (2), shall not affect the jurisdiction of the Court in executing the decree.” [Delhi].- Same as that of Punjab.