Browsing Category

Civil Procedure Code

Remedies Against Ex-Parte Decree

Ex-Parte Decree: 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

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…

Second Appeal in Civil Cases

Second Appeal: 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…

Civil Appeal

Civil Appeal Appeal 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…

Difference between Judgment and Decree

JUDGMENT AND DECREE: The judgment, decree and order are not synonymous terms, but these are distinct principles have different legal implications. Decree: Decree means the formal expression of an adjudication which, so far as the court…

Difference between Decree and Order

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 defined Decree means the formal expression of an adjudication…

Inherent Powers of Civil Courts

Inherent Powers of Civil Courts Inherent powers 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…

Rejection of Plaint

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…