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Rules Pertaining to Attachment Before Judgement and Remedy  Question: In which suit a property can be attached before judgment? What conditions are to be fulfilled for attachment before judgment? Which court does not have the power to order attachment of property? Discuss with the relevant provision of the Code of Civil Procedure. Answer: In which suit property can be attached before judgment According to rule 1 of order 38, it has been clearly mentioned that, in the suits mentioned in clause (a) to (d) of section 16, (a) suit for recovery of immoveable property, (b) suit for partition, (c) suit for foreclosure and redemption, and (d) suit for determination of any other right to immoveable property no order of arrest before judgment can be made. But, nowhere in rule 5 to 13 of order 38 of the Code, it has been mentioned that in which suits an order of attachment before judgment can be made. But, if we scrutinize rule 1 of order 38, it is found that if the defendant tries to dispos...

Arrest and detention Question: "If the right to sue exists, it is not revoked." Explain the term with the relevant provisions of the law. Answer: "If the right to sue exists, it is not revoked. "Pursuant to Rule 2 of Order 22 of the Civil Procedure Code, if a case has more than one plaintiff or defendant and the right to sue exists even if one of them dies, the court records the case of death between the living plaintiff and the defendant. [No abatement by the death of the party, if right to sue survives.] However, if the application for addition of legal representative has not been made under 176 or 177 of the Limitation Act, such suit shall be dismissed. According to order 22, rule 2- where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the Court shall cause an entry to that effect to be made on the r...

Modes of Execution of Decree Question: After filing the first application for execution of decree within three years, the decree-holder may file any new application for any number of decrees within three years of the disposal of each previous application, but not later than 3 years from the date of the decree. Explain the statement in the light of Section 48 of the Code of Civil Procedure, 1908. Is there any exception to such limitation? Answer: Section 48 of the Code of Civil Procedure provides the maximum limit for filing a suit for execution. According to this section, the application can be filed within 12 years, but there is no time limit for filing the first application in Section 48. In this case, Article 182 of Schedule 1 of the Limitation Act has to be followed. If the decree holder fails to file an application for execution within 3 years, he will be barred by limitation and in this case he will not be able to avail of the 12-year limitation period under Section 48. The dead...

Granting Adjournments to Party, Consequences of Absence in Civil Cases Question: How many times can a court grant adjournments to a party during the hearing of a case and under what conditions? When a party fails to comply with a court order to pay the deferred costs, what shall be the effect? Is there any remedy against such consequences of the aggrieved party? Discuss. Answer: How many times the court can grant adjournments to any party: According to Rule 1 (1) of Order-17 of the Civil Procedure Code, the court may at proper cause approve the parties or any of them at any stage of the case: 1. grant time and 2. may from time to time adjourn the hearing of the case. Pursuant to Rule 1 (2) of Order-17, in each such case the court shall fix the date for the next hearing of the case and the court may make such order as it deems fit in respect of the adjourned expenses. If the hearing needs to be adjourned for a long time and before all the witnesses have completed their statements, the ...

Ex-parte Decree Issue of Law and Issue of Fact Question: When can the civil court proceed to an ex-parte decree in any litigation? Answer: An ex-parte decree: Ex-parte decree means that the case is to be settled after hearing the plaintiff. The decree in which the court provides decree by only hearing one party, is called an ex-parte decree. Ex-parte decree refers to the decree, which is provided in the absence of the defendant, That is, the decree provided in favor of the plaintiff in the absence of the defendant is called an ex-parte decree. According to rule-6 of order-9 of the Code of Civil Procedure, where at the day of hearing of the case, the plaintiff is present, and the defendant is absent, and if it is proved that the summons were issued as usual on the defendant, court may pronounce a decree in the absence of the defendant, which is called an ex parte decree. Question: Who can apply for cancellation of an ex-parte decree? When can the court cancel ex-parte decree? Answer wi...

Privileges of British Parliament Parliamentary Privileges: Erskine May has defined Parliamentary privileges as "the sum of the peculiar rights enjoyed by each House collectively as a constituent part of the High Court of Parliament, and by members of each House individually without which they could not discharge their functions, and which exceed those possessed by other bodies or individuals." Parliamentary privileges had their origin in the claim of monarchs that they would not be deprived of the services of their advisers and officials. Many of those advisers and officials sat in Parliament. If they could be harassed on their journey to the Parliament chamber or arrested by creditors, Crown and Parliament would have lost their services. To prevent this, a privilege of freedom from molestation and arrest was granted and enforced. Enforcement was initially by the Crown, but during the reign of Henry VIII, the Houses of Parliament began to assume jurisdiction themselves and ...

What is Set off? ADR, Service of Summons Question: What do you understand by set-off? When such objection can be raised? What is its legal value on the examination of the merit of the plaintiff's case? Discuss with the relevant provisions of the Code of Civil Procedure. Answer: What a Set off is: When the plaintiff files a suit against the defendant for recovery of money, the defendant may make a written application to reconcile the plaintiff's claim with the defendant's claim on the day of the first hearing. In the case of set-off case, not only the plaintiff owes money to the defendant, but also the defendant owes money to the plaintiff. However, in this case, the claim of the defendant must be equal to or less than the claim of the plaintiff. In the case of set-off cases, the amount of money must be fixed, the money must be legally recoverable and the money claimed must be within the pecuniary jurisdiction of the court. Pursuant to Rule 6 (1) of Order-8 of the Civil Pro...