Category Archives: Civil Procedure

The Civil Procedure Code is a procedural law related to the administration of civil proceedings. Law Bites provides you with study material to solve all your questions related to code.

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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Jurisdiction under Code of Civil Procedure 1908

Introduction The word jurisdiction is not defined under the Code of Civil Procedure. It has been derived from Latin terms “Juris” and “dicto” which denote “I speak by the law”. Jurisdiction means the authority to decide.[1] It also denotes the authority vested with a court to administer justice not only in respect to the subject-matter of the suit but……...

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Foreign Judgement – Meaning, Nature and Jurisdiction

Introduction The term “foreign judgement” defined under section 2(6) of the Code of Civil Procedure means the judgement of a foreign court. And ‘foreign court’ defined under section 2(5) of the code means a court situated outside India and not established by the authority of the Central Government. A decree passed before the partition of India by a……...

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General Rules of Denial

Introduction The Rule of denial is prescribed under Order VIII Rule 3, read with Rule 4 and 5, where the defendant is bound to deal thoroughly through each of the issues; he must either deny or state the substance of each of the issues. “The main allegations which form the foundation of the suit should be dealt with……...

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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……...

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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……...

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Procedure to Institute a Suit By or Against a Partnership Firm

The Code of Civil Procedure is a complete procedural encyclopaedia for taking civil actions in a court of law. It deals with suits by or against individuals, suits by or against firms and government or public officers. This article deals with the analysis of the procedure to institute a suit by or against a partnership firm and its……...

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Suits on Public Nuisance and other matters Affecting the Public

When people live in a society, acts of one always affect the other. This article focusses on the procedure for the institution of suits on public nuisance and other matters Affecting the Public under Sections 91 and 93 of the Code of Civil Procedure, 1908. Introduction India is a country with a billion people living in an area……...

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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……...

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