A Digest of Civil Procedure Prevalent in British India, Volume 1Church mission Press, 1877 - Civil procedure |
From inside the book
Results 1-5 of 91
Page viii
... proved . - Proved docu- ments to be marked and filed . - Entries in shop - books . 142. Rejected documents to be marked and returned , unless detained by Court . 143. Court may order any document to be impounded . 144. After lapse of ...
... proved . - Proved docu- ments to be marked and filed . - Entries in shop - books . 142. Rejected documents to be marked and returned , unless detained by Court . 143. Court may order any document to be impounded . 144. After lapse of ...
Page viii
... proved by affidavit . 195. When evidence may be given by affidavit . 196 . Matters to which affidavits shall be confined . 197. Oath of declarant by whom to be administered . CHAPTER XVII . OF JUDGMENT and Decree . 198. Judgment when ...
... proved by affidavit . 195. When evidence may be given by affidavit . 196 . Matters to which affidavits shall be confined . 197. Oath of declarant by whom to be administered . CHAPTER XVII . OF JUDGMENT and Decree . 198. Judgment when ...
Page 18
... proving the want of jurisdiction . ( b ) S. 4 . When foreign judgment M. 14. No. foreign judgment no bar to suit in British shall operate as a bar to a suit in British India.- India . ( a ) if it has not been given on the merits of the ...
... proving the want of jurisdiction . ( b ) S. 4 . When foreign judgment M. 14. No. foreign judgment no bar to suit in British shall operate as a bar to a suit in British India.- India . ( a ) if it has not been given on the merits of the ...
Page 19
... prove indirectly a material issue . Heard . With this read Ss . 53 , 54 , 56 of this Code . more . Finally . With this must be read Ex- planation IV . A decision is final , when it is such , that the Court making it cannot , except on ...
... prove indirectly a material issue . Heard . With this read Ss . 53 , 54 , 56 of this Code . more . Finally . With this must be read Ex- planation IV . A decision is final , when it is such , that the Court making it cannot , except on ...
Page 42
... proved B's will . ( b ) A sues as C's administrator . The plaint must state that A has taken out administration to C's estate . ( c ) A sues as guardian of D , a Muhammadan minor . A is not D's guar dian according to Muhammadan law and ...
... proved B's will . ( b ) A sues as C's administrator . The plaint must state that A has taken out administration to C's estate . ( c ) A sues as guardian of D , a Muhammadan minor . A is not D's guar dian according to Muhammadan law and ...
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Common terms and phrases
above-named plaintiff allowed amount Appellate Court application appointed arbitration arrest attachment award Bibi Bombay High Court British India Calcutta High Court cause of action certificate CHAPTER Chaudhri Chunder Civil Court Civil Procedure Collector Commissioner costs creditor cree Dasi day of 18 Debia debt debtor deceased decree-holder defendant Demand of judgment direct District documents Doorga entitled evidence execution of decrees filed Ghose Government ground hearing held High Court immoveable property insolvent interest issue Judge judgment-debtor jurisdiction Khan Koer Lall land liable ment mesne profits misjoinder moveable property Musst Nath notice obtained officer paid Parshad party passed payment person perty plaint plaintiff's claim pleader possession Privy Council proceed proceedings purchaser Re-enacted record rules rupees Singh Small Cause Small Cause Courts sold special appeal suit summons thereof thinks fit tion VIII witnesses
Popular passages
Page lxxv - ... that the plaintiff has good cause of action against the defendant to the amount of fifty pounds or upwards, and that there is...
Page 314 - ... such further or other relief as the nature of the case may require.
Page 288 - ... tending to render the judgment ineffectual, a temporary injunction may be granted, to restrain such act. And where during the pendency of an action, it shall appear by affidavit, that the defendant threatens, or is about to remove, or dispose of his property, with intent to defraud his creditors, a temporary injunction may be granted to restrain such removal or disposition.
Page 40 - Order, the plaintiff may unite in the same action several causes of action, but if it appear to the Court or a Judge that any such causes of action cannot be conveniently tried or disposed of together, the Court or Judge may order separate trials of any of such causes of action to be had, or may make such other order as may be necessary or expedient for the separate disposal thereof.
Page 288 - ... or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating to the same property or right...
Page 114 - ... may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial...
Page xxiii - That by an agreement dated the day of 187 , it was agreed by and between the plaintiff and the defendant that the plaintiff...
Page 384 - Act, the court may, either of its own motion or on the application of any...
Page 30 - Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff...
Page 44 - ... that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.