Ashish Agarwal

Ashish Agarwal

Author Archives: Ashish Agarwal

Application for Miscellaneous Proceedings under Section 141 of CPC

Procedural law can never be complete and exhaustive because substantive laws keep changing with the need of the time. Therefore, certain miscellaneous provisions are required to allow the code to be conformed to in every situation. This article shall analyze the application for miscellaneous proceedings under Section 141 of the Code of Civil Procedure, 1908. Introduction Part XI… Read More »

Concept of Suits filed by Aliens, by or against Foreign Rulers and Ambassadors

The Code of Civil Procedure allows the institution of suits for infringement of any legal right or rights even by and against aliens, foreign rulers and ambassadors. This article shall analyse the concept of suits filed by aliens, by or against foreign rulers and ambassadors and the procedure to be followed under the Code. Introduction The Code of… Read More »

Revision under the Code of Civil Procedure, 1908

Revision is the power of the High Courts to scrutinise any judgment pronounced by a subordinate court and ensuring that the judgment was passed by a competent court. This article aims to analyse the meaning, object and procedure of exercising the powers of revision by the High Courts under the CPC. Introduction Revision, etymologically, means to go through… Read More »

Meaning and Procedure of Review under the Code of Civil Procedure, 1908

Review of a judgment passed by a lower civil court is a substantive right under Section 114 of the Civil Procedure Code and Order XLVII prescribes the conditions and procedure to review a judgment. This article aims to explain this meaning and procedure of review under CPC. Introduction The Latin doctrine ‘functus officio’ is applicable with respect to… Read More »

Meaning and Procedure of Second Appeal under the Civil Procedure Code, 1908

Under the Code of Civil Procedure, appeal to the High Court is referred to as the second appeal since the High Court is a second-highest court of appeal. This article shall comprehend the meaning and procedure of the second appeal under the Civil Procedure Code, 1908. Introduction The Code, under Section 100, entitles an aggrieved party to a… Read More »

Appeal from Original Decree and Order: A Comprehensive Analysis

Appeal is a statutory right of every person aggrieved by any order or judgment of a court to approach a higher court for a reversal of the order. This article shall provide a comprehensive analysis of appeal from original decree and order under the Civil Procedure Code, 1908. Introduction The Code (hereinafter ‘CPC’) does not define the term… Read More »