Category Archives: Civil Procedure

Law Notes – Civil Procedure

Doctrine of Non-Traversal

Introduction The doctrine of Non-Traversal under Order VIII Rule 5 is a settled position of law. It provides that, if an allegation made in the plaint is not specifically denied or by necessary implication in a written statement, it is treated as admitted. Furthermore, if a fact is clearly asserted in the plaint, and supported by a witness… Read More »

Application for Miscellaneous Proceedings under Section 141 of CPC

Application for Miscellaneous Proceedings under Section 141 of CPC | Overview Introduction Historical Background of the Provision Meaning of “Proceedings” under Section 141 Conclusion 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… Read More »

Revision under the Code of Civil Procedure, 1908

Revision under the Code of Civil Procedure, 1908 | Overview Introduction Nature and Scope of Section 115 Object of Revisionary Jurisdiction Conditions for Exercising Revisionary Powers Section 115 of CPC and Article 227 of Constitution Revision is the power of the High Courts to scrutinise any judgment pronounced by a subordinate court and ensuring that the judgment was… Read More »