A Digest of Civil Procedure Prevalent in British India, Volume 1Church mission Press, 1877 - Civil procedure |
From inside the book
Results 1-5 of 92
Page viii
... suits unless specially barred . 12. Pending suits . 13. Res judicata . 14. When foreign judgment no bar to suit in British India . CHAPTER II . OF THE PLACE OF SUING . 15. Court in which suit to be instituted . 16. Suits to be ...
... suits unless specially barred . 12. Pending suits . 13. Res judicata . 14. When foreign judgment no bar to suit in British India . CHAPTER II . OF THE PLACE OF SUING . 15. Court in which suit to be instituted . 16. Suits to be ...
Page viii
... Suit not to fail by reason of misjoinder . 32. Court may dismiss or add parties . - No one to be added as plaintiff or as next friend without his consent . - Parties to suits instituted or defended under section 30 - Defendants added to ...
... Suit not to fail by reason of misjoinder . 32. Court may dismiss or add parties . - No one to be added as plaintiff or as next friend without his consent . - Parties to suits instituted or defended under section 30 - Defendants added to ...
Page xiii
... suit . CHAPTER XXII . OF THE WITHDRAWAL AND ADJUSTMENT OF SUITS . 873. Power to allow plaintiff to withdraw with liberty to bring fresh suit . 374. Limitation law not affected by first suit , 375. Compromise of suits . CHAPTER XXIII ...
... suit . CHAPTER XXII . OF THE WITHDRAWAL AND ADJUSTMENT OF SUITS . 873. Power to allow plaintiff to withdraw with liberty to bring fresh suit . 374. Limitation law not affected by first suit , 375. Compromise of suits . CHAPTER XXIII ...
Page 16
... suit has been stayed under section 20 , the Court shall not try any suit Pending suits . in which the matter in issue is also directly and substantially in issue * previously instituted suit for the same relief between the same parties ...
... suit has been stayed under section 20 , the Court shall not try any suit Pending suits . in which the matter in issue is also directly and substantially in issue * previously instituted suit for the same relief between the same parties ...
Page 17
... suit have been alleged by one party , and either denied or confessed ex- pressly or impliedly by the other . But in the case of a suit this is enlarged by Explanation II . , which deems , as matter directly and sub- stantially in issue ...
... suit have been alleged by one party , and either denied or confessed ex- pressly or impliedly by the other . But in the case of a suit this is enlarged by Explanation II . , which deems , as matter directly and sub- stantially in issue ...
Contents
120 | |
122 | |
124 | |
126 | |
130 | |
132 | |
136 | |
137 | |
14 | |
20 | |
24 | |
26 | |
30 | |
36 | |
42 | |
50 | |
51 | |
52 | |
53 | |
54 | |
55 | |
56 | |
57 | |
58 | |
59 | |
60 | |
61 | |
62 | |
63 | |
64 | |
65 | |
66 | |
67 | |
68 | |
69 | |
70 | |
72 | |
73 | |
74 | |
75 | |
76 | |
77 | |
78 | |
86 | |
92 | |
98 | |
99 | |
100 | |
101 | |
102 | |
114 | |
116 | |
118 | |
144 | |
150 | |
152 | |
154 | |
156 | |
158 | |
160 | |
162 | |
164 | |
166 | |
168 | |
169 | |
170 | |
171 | |
172 | |
173 | |
174 | |
175 | |
176 | |
177 | |
178 | |
179 | |
180 | |
181 | |
182 | |
183 | |
184 | |
185 | |
186 | |
187 | |
188 | |
189 | |
190 | |
191 | |
192 | |
193 | |
206 | |
255 | |
286 | |
287 | |
iv | |
20 | |
25 | |
42 | |
47 | |
Other editions - View all
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.