Subham Agrawal

Author Archives: Subham Agrawal

Transfer of Suits: Application, Grounds and Scope

Transfer of Suits | Overview Introduction Scope Transfer Application Transfer between Benches of Supreme Court Conclusion Section 22-25 of the Code of Civil procedure provide the provisions as respect to transfer of Suits and withdrawal of suits, appeals and different procedures starting with one court then onto the next. Introduction When in doubt, a plaintiff has an option……...

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Joinder, Re-joinder and Misjoinder

Introduction – Joinder, Re-joinder and Misjoinder Order 1 of the Code of Civil Procedure provides for Joinder and Misjoinder. Whereas Rule 1 deals with joinder of plaintiffs, Rule 3 deals with joinder of defendants. And Rule 9 deals with Misjoinder and Non-Joinder of parties. Order 8 Rule 9 deals with the Re-joinder of parties which provides for a……...

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Misjoinder of Causes of Action – Multifariousness

Misjoinder of parties or causes of action has been regarded under the code as a mere irregularity. So, neither a suit will be dismissed on the ground of misjoinder of parties or causes of action, nor a decree can be reversed or substantially varied in appeals. Introduction Joinder of causes of action is laid down under Order 2……...

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Caveat: Introduction, Meaning and Scope

Introduction The term Caveat has been defined out from Latin which signifies “let a person be aware”. Though caveat is not being defined under the Code of Civil Procedure, the right and procedure to file a caveat have been provided under Section 148A. The said provision has been enacted by the amendment to Code to Civil Procedure, 1976….…...

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History of the Code of Civil Procedure

History of the Code of Civil Procedure | Overview Introduction Highlights of Amendment Act, 1976 Amendment Act of 1999 and 2002 Codification of CPC Object Retrospective Operation Introduction The Uniform Code of Civil Procedure in the Republic of India first came into effect in 1859. Before that, there have been numerous kind of civil law procedure followed in……...

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Place of Suits in Civil Litigation

The foremost thing which is to be determined during the filing of a suit is the place of suing. This decides the place for trial and it has nothing to do with the competency of the court. In this article, we will learn all about the place of suits. Introduction Suits are generally of various kinds depending upon……...

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Res Sub Judice: Object, Scope and Application

Res Sub Judice | Overview Introduction Object of Res Sub Judice Scope Conditions Res judicata and res sub-judice Suit Pending in a foreign court Inherent power to stay Contravention Interim orders Res Sub-Judice and Lis Pendens Introduction Section 10 of the Code of Civil Procedure, 1908 deals with the principle of res sub judice. The principle bars the……...

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Res Judicata: Meaning, Application and Explanation

Introduction Res judicata is a plea prescribed under section 11 of the Code of Civil Procedure. It is a doctrine applied to give finality to a lis in original or appellate proceedings. The doctrine in substance means that an issue or a point decided and having attained finality, should not be allowed to be re-opened and re-agitated over……...

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Bar of Suits

Bar of Suits | Overview Introduction Scope Proceedings under SARFAESI Act, 2002 Suits not termed as Civil Suit Suits Impliedly Barred Civil Suits Not Barred Important Case Laws This article on the bar of suits discusses the scope of section 9 of CPC by outlining the suits impliedly barred, civil suits not barred and it also deals with……...

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Limitation in the filing of Written Statement

In this article, we will discuss the limitation in the filing of a Written Statement. Order 8 Rule 1 provides that a Written Statement ordinarily be filed within a period of 30 days, however, an extension of 90 days can be granted by recording the reasons in writing and the payment of costs as it deems fit to……...

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