Sunday, 13 May 2018

Basic concepts of CPC Part 4

Commission

Commission refers to an authority which is appointed to exercise a power or direction issued by court,when for instance a witness is unable to attend court on account of his illness or other similar reasons, the court can order such a witness to be examined on commission.
Under S 75 of CPC, commission can be issued by court for several purposes, as for instance to examine witnesses, to make a local investigation, to adjust accounts, to make a partition and so on.

Letter of request/Rogatory letter

A letter of request or rogatory letter is a letter issued by a court of one country to a court in a foreign country requesting for some judicial assistance from Judiciary of that country. Such assistance may be in the form of request to serve a summons or to take evidence of specified person.

Summary suit
A summary suit is a suit where the defendant can not defend the suit as a matter of right,and requires the leave of court to do so. The object underlying the summary procedure is to prevent unreasonable obstruction by a defendant who has no defence. It thus assists expeditious disposal of certain types of suits.

Ex parte
Exparte literally means 'on the side of one party only'. An order or decree is said to be passed exparte when it is passed after hearing one side,and not the other.

Read important judgments on exparte decree

Next friend
The expression 'next friend' is used to denote an adult who is responsible for conduct and costs of legal proceedings instituted on behalf of a minor or a person of unsound mind. Thus every suit filed by a minor is required to be instituted in his name through his guardian or next friend. If this is not done,the defendant can apply to the court to have plaint taken off the file,with costs to be paid by pleader or other person by whom such a plaint was presented.

Guardian as litem
Where a suit is filed against a minor, the court can appoint a proper person to be guardian of minor in respect of that suit. Such a person is referred to be as a guardian ad litem.

Execution
Execution is the enforcement of decrees and orders by the process of the court.

Precept
A precept is an order or direction given by the court which passes a decree to any other court competent to execute the decree to execute such decree by attaching any property of judgment debtor as specified in precept.
Read important judgments on precept

Garnishee
The term garnishee refers to the debtor of a judgment debtor. A garnishee is thus a person who is liable to pay some money to the judgment debtor. By a garnishee order, a court can call upon the garnishee, not to pay such money to judgment debtor but instead to pay the same to judgment creditor or decree holder,who is sometimes referred to as the garnishor.

Read important judgments on Garnishee

Indigent person
An indigent person is one who does not have sufficient means to pay court fees in respect of plaint being filed by him.

Interpleader suit
An interpleader suit is one where real dispute is between the defendants only, and therefore the defendants 'interplead' that is plead against each other , instead of pleading against plaintiff as in an ordinary suit.

Read important judgments on Interpleader suit
Injunction
An injunction is an order of a court calling upon a party to do or to restrain from doing a particular act. It is in the nature of preventive relief granted to applicant. Its main purpose being to preserve status quo in the matter.

Abatement of suit
If the plaintiff or defendant dies during the pendency of a suit and if such a suit does not survive, the suit is said to abate. Thus termination of a suit by operation of law caused by death of one of the parties during pendency of suit is referred to as the abatement of a suit. If however under the law, despite death of plaintiff or defendant, the right to sue survives, the suit does not abate.

Adjournment

An adjournment of a suit is the postponement of the hearing of suit to a future date by court.

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