An injunction is a judicial process whereby a party is ordered to do or to refrain from doing a particular act, and as such can either be mandatory or prohibitive in nature. Injunction can further be temporary or permanent.…
The term ex-parte means the absence of the other party. A decree is said to be ex-parte when ex-parte proceedings are ordered at the hearing immediately preceding the judgment. Where the there is evidence on the record but…
Powers of appellate court:
According to S. 107 C.P.C an appellate court shall have powers:-
To determine a case finally.
To remand a case.
To frame issues and refer them for trial.
To take additional evidence or require such…
S.100 C.P.C provides that an appeal shall lie to the High Court from every decree passed in appeal by a court subordinate to High Court on any of the following grounds, namely:-
The decision being contrary to law or…
The term appeal is not defined by the Code of Civil Procedure. It can be defined as a complaint made to a superior court against the decision of a subordinate court with the object of getting such order set aside or…
JUDGMENT AND DECREE:
The judgment, decree and order are not synonymous terms, but these are distinct principles have different legal implications.
Decree means the formal expression of an adjudication which, so far as the court…
Difference between Decree and Order:
Just as judgment and decree are not synonymous, decree and order are also distinct principles with different legal implications.
Decree means the formal expression of an adjudication…
When amendment of Pleadings can be allowed in CPC
Amendment of Pleadings:
The court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manners and on such terms as may be just, and all such…
Inherent Powers of Civil Courts
S.151 C.P-C provided that "nothing in this code shall be deemed to limit or otherwise affect the inherent power of the court to make such order as may be necessary for the ends of justice or…
Conditions in which Revision u/s 115 CPC may be exercised
Under what circumstances a revision can be filed?
Though a non- appeal able order may be attacked in an appeal against the final decree yet where error of jurisdiction…
Power of Appellate Court to Receive Additional Evidence
Discuss the powers of appellate court in receiving the additional evidence.
An appeal is re-hearing and parties are not entitled as of right to produce additional…
DISCUSS THE CIRCUMSTANCES UNDER WHICH A PLAINT CAN BE REJECTED?
Rejection of plaint:
Under 0.7, R.11 C.P.C, a plaint can be rejected in the following cases.
Clause (a): no cause of action:
Where the plaint does not disclose…