Explanation I omitted by Act No. Clause ii omitted by the A. When summons served, but not in due time. Powers of Court in executing transferred decree. Section 102 was substituted by Act No. Execution of decrees outside India.
Second appeal 1 Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law. Under revisional powers of High Court this cannot be interfered with by High Court. AppBrain Intelligence premium content Subscribe now to get full and unlimited access to AppBrain Intelligence. The suit was decreed against K D A. Proviso omitted by Act No.
Questions to be determined by Court executing decree 47. Where any such High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the decree shall be executed forthwith except as to so much thereof as relates to the costs; and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the amount of the costs shall be ascertained by taxation. Exemption of certain women from personal appearance. Clauses a to f omitted by Act 10 of 1940, sec. The powers conferred by sections 91 and 92 on the Advocate-General may, outside the presidency-towns, be, with the previous sanction of the State Government, exercised also by the Collector or by such officer as the State Government may appoint in this behalf. Effect of rules in First Schedule.
Exemption of members of legislative bodies from arrest and detention under civil process. Procedure where defendant only appears. To what Court application lies. Subject as aforesaid, any person considering himself aggrieved- a by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred, b by a decree or order from which no appeal is allowed by this Court, or c by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit. Presumption as to foreign judgments. Where two or more persons claim adversely to one another the same debts, sum of money or other property, movable or immovable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself: Provided that where any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted.
If not, then only after passing of the final decree it can be executed; Md. Powers of Court to enforce execution. The court can strike out any party who is improperly joined. Power to order discovery and the like. The said sub-rule is not about the right of a non-party to be impleaded as a party, but about the judicial discretion of the court to strike out or add parties at any stage of a proceeding. However if your suit and reliefs are against the third party alleged purchaser, then sec.
B may sue A either in Calcutta or in Delhi. Second appeal on no other grounds. Procedure in respect of letter of request Every letter of request, summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf. Sub-section 2 omitted by Act No. These provisions are applicable to Commercial disputes of specified value. Matters for which rules may provide. Regency Convention Centre and Hotels P Ltd.
Substituted by Act 9 of 1937, section 2, for clauses h and i. When an order is a nullity, it cannot be supported by invoking procedural principle; Management of Sonepat Co-op. Bar on suit to set aside decree on objection as to place of suing. For amendments to section 60, in its application to East Punjab, see the Punjab Relief of Indebtedness Act, 1934 Punjab Act 7 of 1934 , section 35, as amended by Punjab Acts 12 of 1940 and 6 of 1942. Suit based upon fresh cause of action. His legal representative can continue the proceedings after obtaining the succession certificate; Kariyamma v. Substituted by Act 9 of 1937, section 2, for the clause 1.
Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits if any of its ordinary jurisdiction. All persons disobeying or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had passed the decree. In exercising its judicial discretion under Order 1 Rule 10 2 of the Code, the court will of course act according to reason and fair play and not according to whims and caprice. In such circumstances the direction of the Division Bench in the matter of award of interest is also not liable to be interfered; Municipal Corporation of Delhi v. Notwithstanding anything contained in any Letters Patent for any High Court or in any other instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a single Judge of a High Court, no further appeal shall lie from the judgment and decree of such single Judge. Held, the decree is not passed against Managing Director in his individual capacity. U are a person who can raise a claim under sec.
Judge passed the order to submit the documents in next hearing which i did. Although there is no punishment till a protection order is passed. The amendments made by that section have no effect in respect of any proceedings arising out of a suit instituted before 1st June, 1937, see Act 9 of 1937, sec. Power of Supreme Court to transfer suits, etc. If not, u make check on the ground of Bonaire purchaser. Provided that nothing contained in this section shall be construed as extending the period of limitation to which any proceeding in respect of such judgment decree or order may be subject.