Saturday, 12 May 2018

Basic concepts of CPC-S 148 to S 153B of CPC

S 148 of CPC-Enlargement of time
It lays down that where any period is fixed or granted by court for doing of any act prescribed or allowed by this code,the court may in its discretion, from time to time enlarge such period but not exceeding 30 days in total even though period originally fixed or granted may have expired.
S 148 A of CPC Right to lodge caveat
Caveat is a caution or warning given by a party to the court, calling upon it not to give any relief to another party, without notice or intimation to the party lodging the caveat. It remains in force within ninety days of lodging.Caveat can be filed in all proceedings including appeal .Stranger to proceeding can not file caveat.

Read important judgments on caveat:
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S 149 of CPC- power to make up deficiency of court fees


S 151 of CPC lays down that nothing in CPC is deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for ends of justice or to prevent abuse of process of court. Under the inherent power of court,a court has no power to do which is prohibited by CPC. In other words,the inherent jurisdiction of court must be exercised subject to the rule that if the code does contain specific provisions which would meet the necessities of the case, such provision should be followed and its inherent jurisdiction should not be invoked.

Read important judgments on inherent powers of court;

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S 152 of CPC- If there are any clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission, the same may at any time be corrected by court either of its own motion or on the application of any of the parties.

Read important Judgments on S 152 of CPC.

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S 153 of CPC- General power to amend
Court may at any time and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit:and all necessary amendments may be made for the purpose of determining the real question or issue raised by or depending on such proceeding.

S 153B of CPC- Trial in open court

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