The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow 34. The plaintiff claims— 448 LatestLaws. Section 17 - Suits for immovable property situated within jurisdiction of different Courts— Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Court, the suit my be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situated : Provided that, in respect of the value of the subject matter of the suit, the entire claim is cognizable by such Court. The court which decided the former suit must be a court competent to try the subsequent suit or the suit in which such issue is subsequently raised. The application moved - defendant for 7rant of leave from the Court for defence must contains A All relevant documents B.
Every transferee of a decree shall hold the same subject to the equities if any which the judgment-debtor might have enforced against the original decree-holder. Party who can file suit is termed proper or relevant and party incompetent is termed as improper or irrelevant party. Uncertain jurisdiction: Where ascertainment of original jurisdiction becomes impossible or uncertain regarding immovable property, Court must record statement of uncertainty. In order to prevent the ends of justice from being, defeated the Court may, if it is so prescribed, a issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him so the civil prison; b direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property; 106 LatestLaws. When an order is passed without jurisdiction, the same becomes a nullity.
This means either the suit will be dismissed or will be continued ex parte. Particulars of plaintiff: Name and place of residence of the plaintiff is described. Exclusion of counter-claim - Where a defendant sets up a counter-claim and the plaintiff contends that the claim thereby raised ought not to be disposed of by way of counter-claim but in an independent suit, the plaintiff may, at any time before issues are settled in relation to the counter-claim, apply to the Court for an order that such counter-claim may be excluded, and the Court may, on the hearing of such application make such order as it thinks fit. Pleading is a mother of every case and every pleading contains: 1. If the Immovable property is situated between the middle of two or more districts the suit may be institute at any of the district Courts of such districts. Tender of expenses to witness— The sum so paid into Court shall be tendered to the person summoned, at the time of serving the summons, if it can be served personally. In 1972 some one sued Kanpur Development Authority successors of Dev Board kanpur for a compensation against alleged demolishion of boundary wall.
Explain Decree, Order, and Judgment and distinguish between them. B may sue A either in Calcutta or in Delhi. Failure to produce evidence— Where the summons has been issued for the final disposal of the suit and either party fails without sufficient cause to produce the evidence on which he relies, the Court may at once pronounce judgment, or any, if it thinks fit, after framing and recording issues, adjourn the suit for production of such evidence as may be necessary for its decision upon such issues. Explanation I omitted by Act No. Examples of decisions which are Decrees - Dismissal of appeal as time barred, Dismissal or a suit or appeal for want of evidence or proof, Order holding appeal to be not maintainable. Every judgment should contain - a concise statement of the case, the points for determination, the decision thereon, the reasons for the decision.
Discretionary power to permit judgment debtor to show cause against detention in prison— 1 Notwithstanding anything in these rules, where an application is for the execution of a decree for the payment of money by the arrest and detention in the civil prison of a judgment-debtor who is liable to be arrested in pursuance of the application, the Court shall, instead of issuing a warrant for his arrest, issue a notice calling upon him to appear before the Court on a day to be specified in the notice and show cause why he should not be committed to the civil prison: 271 LatestLaws. It therefore, applies to all kinds of suits such as civil suits, execution proceedings, arbitration proceedings, taxation matters, writ petitions, administrative orders, interim orders, and criminal proceedings. Relief founded on separate ground— Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded upon separate and district grounds, they shall be stated as far as may be separately and distinctly. Jurisdiction: It is a Court having power to entertain the suit institution in first instance. Suits by Aliens and by or against foreign Rulers, Ambassadors and Envoys When aliens may sue 83. When foreign State may sue. Unauthorized persons not to address Court.
The judgement or decree of lower Court is contravened to law and fact. The defendant has not paid the money. The defendant has wrongly heaped up earth and stones on a public road known as. Order under rule 101 or rule 103 to be subject to the result or pending suit— Every order made under rule 101 or rule 103 shall be subject to the result of any suit that may be pending on the date of commencement of the proceeding in which such order is made, if in such suit the party against whom the order under rule 101 or rule 103 is made has sought to establish a right which he claims to the present possession of the property. The Ruler of a foreign State may sue, and shall be sued, in the name of his State: Provided that in giving the consent referred to in section 86, the Central Government may direct that the Ruler may be sued in the name of an agent or in any other name. Minor to sue by next friend— Every suit by a minor shall be instituted in his name by a person who in such shall be called the next friend of the minor. Res judicata debars a court from exercising its jurisdiction to determine the lis if it has attained finality whereas the doctrine of issue estoppel is invoked against the party.
B holds a judgment against A for Rs. C deals with A Appointment of receiver. Party can question on order. Government prepares the list of such exempted persons with residential addresses and provides to High Court and such subordinate Court in whose jurisdiction they reside. Appeal from final decree where no appeal from preliminary decree. Joining of proper party is neither fatal nor beneficial.
Unauthorized persons not to address Court. C cannot set-off the debt of Rs. What are the objects and essential conditions of the doctrine of res judicata? Subject to the pecuniary or other limitations prescribed by any law, suits- a for the recovery of immovable property with or without rent or profits, b for the partition of immovable property, c for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property, d for the determination of any other right to or interest in immovable property, e for compensation for wrong to immovable property, f for the recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate : Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant, may where the relief sought can be entirely obtained through his personal obedience be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain. Section 92 shall not apply to any religious trust in Bihar. A part allowed for amendment can amend the pleadin7 within A 1+ da s B.
Proceeds of execution-sale to be rateably distributed among decreeholders. Since the executing court cannot travel beyond decree under execution, the said decree was held to be without jurisdiction; Kameshwar Das Gupta v. 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. A sues B in 1908 only for the 162 LatestLaws. Court of latter stage may ask certain questions to get satisfaction to ascertain the real need to admit the objection on jurisdiction, which has been omitted once. The execution of deeds is by the signing, sealing, and delivery of them by the parties as their own acts and deeds, in the presence of witnesses.