The postal acknowledgment purporting to contain the signature of the defendant may be deemed to be prima facie proof of sufficient service of the summons on the defendant on the day on which it purports to have been signed by him. This can only be done by the High Court in judicial review under Art. Effect of rules in First Schedule. Where interpleader suit may be reinstituted. Where a party engages a pleader, notices or processes for service on him shall be served in the manner prescribed by Order 3, rule 5, unless the Court directs service at the address for service given by the party. No second appeal shall lie except on the ground mentioned in section 100. Where statutory enactments only create rights or liabilities without providing for remedies, any person having a grievance that he has been wronged or his right is being affected, can approach the ordinary civil court on the principle of law that where there is a right there is a remedy—ubi jus ibi remedium.
The right of yajman vritti being a right in property is heritable and in consequence is also divisible. Please advice The case is about the land which is situated in a tehsil District Moradabad up. A kick administered by him is not an act which lies within the sphere of his official duty. When we examine the scheme of the section it becomes obvious that the section has been enacted as a measure of public policy with the object of ensuring that before a suit is instituted against the Government or a public officer, the Government or the officer concerned is afforded an opportunity to scrutinise the claim in respect of which the suit is proposed to be filed and if it be found to be a just claim, to take immediate action and thereby avoid unnecessary litigation and save public time and money by settling the claim without driving the person who has issued the notice to institute the suit involving considerable expenditure and delay. Nothing in this rule shall prevent the judgment-debtor or any person claiming to be interested in such stock from making such arrangements for feeding the same as may not beinconsistent with its safe custody. Act, the auction sale of property by Executive Court is not barred under the I.
Where a plaintiff or petitioner fails to file an address for service, he shall be liable to have his suit dismissed or his petition rejected by the Court sue motu or any party may apply for an order to that effect and the Court may make such order as it thinks just. Adjournment or stoppage of sale. Power to amend decree or order where appeal is summarily dismissed. Every attachment of movable property under rule 43, of negotiable instruments under rule 51, and of immovable property under rule 54, shall be made through a Civil Court Amin, or Bailiff, unless special reasons render it necessary that any other agency should be employed; in which case those reasons shall be stated in the handwriting of the presiding Judge himself in the order for attachment. Where the court considers that there is no such urgency existing or immediate relief cannot be granted, it is within its powers to decline to grant the leave. Private alienation of property after attachment to be void 64. An order under this rule may be passed by the Court suo motu or on application of any party.
Where the garnishee does not forthwith pay into Court the amount due from him to the judgment-debtor or so much thereof as is sufficient to satisfy the r ecree and the costs of execution or does not appear and show cause in answer to the notice, the Court mayorder the garnishee to comply with the terms of such notice, and on such order execution may issue as though such order were a decree against him. Suits for immovable property situate within jurisdiction of different Courts 17. Where the suit is against a local authority the Court in fixing the day for such authority to answer the plaint shall allow a reasonable time for the necessary communication with any department of the Government and for the issue of necessary instructions to the pleader of the authority, and may extend the time at its discretion. No agreement or compromise to be entered in a representative suit without leave of Court. Nothing in this rule shall prevent the judgment-debtor or any person claiming to be interested in such live-stock from making such arrangements for feeding the same as may not be inconsistent with its safe custody. The Court shall record such admissions and denials.
. In fact, there were five schedules when this code was enacted. Where the plaintiff seeks for recovery of money, the plaint shall state the precise amount claimed, and wherever a statement of account or a memorandum of calculation is necessary for the purpose, such statement or memorandum shall be set out in the schedule to the plaint or separately annexed thereto. Bar of jurisdiction of a Civil Court is not to be readily inferred. Power of High Court to determine issues of fact.
If on a reasonable reading of the notice the plaintiff is shown to have given the information which the State requires him to give, any incidental defects or irregularities should be ignored. Such examination of the process server as well as of witnesses summoned under this rule shall be made after notice to the petitioner in execution application or his pleader. Where a plaintiff or petitioner fails to file an address for service, he shall be liable to have his suit dismissed or his petition rejected by the Court suo motu or any party may apply for an order to that effect and the Court may make such order as it thinks just. Power to permit ex parte evidence on affidavit. Arrest other than in execution of decree. Where the inability to execute the process is stated to be due to the satisfaction of the decree and such satisfaction has been endorsed on the process as mentioned in sub-rule 2 above, the Court shall issue notice to the decree-holder to show cause on a day to be fixed by the Court, why such satisfaction should not be recorded as certified, and if after service ofsuch notice the decree-holder fails to show cause why the satisfaction should not be recorded as certified the Court shall record the same accordingly. The principles which govern exercise of such power must be strictly observed.
Power to get statements recorded on commission. Striking off defence for failure to deposit admitted rent, etc. A perusal of sub-section 2 of S. The Government pleader in any court shall be the agent of the Government for the purpose of receiving processes against the Government issued by such court. Every plaint or original petition shall be accompanied by a proceeding giving an address at which service of notice, summons or other process may be made on the plaintiff or petitioner.
The framers of the code could not foresee the possible circumstances which may arise in the future litigations and could not provide the procedure for such situations. As this Code is a general procedural law, it does not contradict with the local or special law in force. Exemption from arrest and personal appearance 81. For amendments to section 60, in its application to East Punjab, see the Punjab Relief of Indebtedness Act, 1934 Punjab Act 7 of 1934 , sec. The Court may in the case of any debt due to the judgment-debtor other than a debt secured by a mortgage or a charge or a debt recoverable only in a Revenue Court, or a debt on a negotiable instrument the amount of which exceeds the pecuniary jurisdiction of the Court which has been attached under Order 21, rule 46, and in the case of a negotiable instrument which has been attached under Order 21, rule 51, upon the application of the decree-holder, issue notice to the person liable to pay such debt hereinafter called the garnishee calling upon him to appear before the Court and show cause why he should not pay the debt due from him to such judgment-debtor or so much thereof as may be sufficient to satisfy the decree and costs of execution. Every plaint or original petition shall be accompanied by a proceeding giving an address written in Hindi in Devnagri script at which service of notice, summons or other process may be made on the plaintiff or petitioner. Other rights of a civil nature: A suit to declare the election of a candidate as contrary to law is a suit of a civil nature.
Where the plaintiffs claimed to be entitled to enter the temple bareheaded and worship, it was held that the civil court has jurisdiction to entertain it. Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction. Sub-section 2 omitted by Act No. The notice shall be served eight clear days before the returnable date thereof: Provided that, subject to the proviso to rule 46-C, if by any law for the time being in force, the jurisdiction to adjudicate upon the debt or claim relating to the negotiable instrument or movable property in respect of which the application aforesaid is made is conferred on a Civil Court other than the execution Court, the Court shall send the execution case to the District Court to which the said Court is subordinate and thereupon the District Court shall transfer the case to the competent Court and on such transfer the Court to which the case is transferred will deal with it in the same manner as if it had been originally instituted in that Court. But where the right of membership and personal character and status of an individual are affected the suit is maintainable as a suit of a civil nature.
Costs of mortgage subsequent to decree. Zamindari and Land Reforms Act 1951. Distribution of Assets Proceeds of execution-sale to be rateably distributed among decree-holders 73. Unless the cover is returned undelivered for want of proper address or any other sufficient reason, the summons may be deemed to have been delivered to the address at the time when it should have reached him in ordinary course. The order shall direct that the guardian, as and when directed, shall file in Court an account of the moneys so received by him.