Civil Procedure Code, 1908, Order 26, Rule 4, Civil Procedure Code, 1908, Section , Order 16, Rule 19 -- Person residing out side local jurisdiction - Recording of evidence thereof - Held, U.O.16.R.19 CPC no one shall be ordered to attend a Court in person to give evidence unless he resides within the local limits of the Court's original jurisdiction - Under proviso to..........
Civil Procedure Code, 1908, Section 16 -- Proviso - Proviso to S.16 applies only if the relief sought could entirely be obtained by personal obedience of the defendant...........
Civil Procedure Code, 1908, Section 16, 20 -- Where suit falls within the preview of Sec. 16, proviso to Sec. 16 and provisions of Sec. 20 are not applicable - Proviso to Sec. 16 apply where relief sought can entirely be obtained by personal obedience of the defendant - Relief of partition, rendition of accounts, declaration of sale deed as null & void cannot entirely be..........
Civil Procedure Code, 1908, Section 16 -- Jurisdiction - Suit for specific performance of immovable property - Can be filed only at the place where property situates - Court at place where agreement was executed has no jurisdiction - Proviso to S.16 CPC has no applicability to cases relating to specific performance of contract of immovable property...........
Civil Procedure Code, 1908, Section 16, 16 -- Proviso & 20 - Suit for specific performance and for possession - Jurisdiction lies with the Court where property situates - Suit is covered by main part of S.16 CPC - Neither proviso to S.16 is attracted nor S.20 (residuary provision) applies...........
Civil Procedure Code, 1908, Section 16 -- Proviso - Proviso is an exception to the main part of the section - Proviso cannot be interpreted or construed to enlarge the scope of the principal provision - It applies only if the suit falls within one of the categories specified in the main part of the section and the relief sought could entirely be obtained by personal..........
Civil Procedure Code, 1908, Section 16, 16, 20 -- Suit for specific performance and for possession - Jurisdiction lies with the Court where property situates - Suit is covered by main part of S.16 CPC - Neither proviso to S.16 is attracted nor S.20 (residuary provision) applies...........
Civil Procedure Code, 1908, Section 16 -- Proviso - Proviso is an exception to the main part of the section - Proviso cannot be interpreted or construed to enlarge the scope of the principal provision - It applies only if the suit falls within one of the categories specified in the main part of the section and the relief sought could entirely be obtained by personal..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 16 -- Exparte decree - Setting aside - Service of summons duly proved by process-server as also by comparison by Court of defendant's signature on summons with his signatures on other documents - Defendant denying his signatures on summons - Hand-writing expert not examined to prove..........
Civil Procedure Code, 1908, Order 21, Rule 16 -- If a decree is transferred to a benamidar of one of the judgment debtors, such assignee remains only a legal representative of the judgment debtor - He does not become a judgment debtor. Hence, the benamidar can execute the decree in the same manner as if the application were made by the decree-holder and the provision of..........
