Category Archives: Civil Procedure

Law Notes – Civil Procedure

ADJOURNMENT

Where hearing of a suit has begun, the same must be continued day to day and an adjournment must be allowed only for unavoidable reasons. The power to grant adjournment is not subject to definite rules and is upto the courts discretion. It is generally granted in such cases where the parties or their pleaders or witnesses are… Read More »

RESTITUTION

Restitution means restoring a thing to its proper owner The doctrine of restitution essentially provides that on reversal of a decree an obligation is cast upon the party who has received an unjust benefit under such erroneous decree to make restitution to the party who has lost the same. The obligation starts immediately when the decree in question… Read More »

COSTS under CPC

The main object behind ordering costs is to secure to a litigant, the expenses incurred by him during litigation. Thus neither does it enable the successful party to earn profits nor does it punish the opposite party. The principles with respect to costs have been provided under Ss. 35, 35-A, 35-B and Order XX-A of the code. The… Read More »

Summary Trial

The objective of a summary trial is to prevent unnecessary obstruction by a defendant who has no defence and come to a conclusion in an expeditious manner. Summary trials may be conducted in High Courts, City Civil Courts or Courts of Small Causes. (rule 1) It may also be conducted in certain other courts. However, the High Court… Read More »