Definition of a legal representative under S. 2 (11) of CPC “Legal representative,” as defined in the Civil Procedures Code, under s.2(11), means a person who in law represents the estate of a deceased person and includes any person who intermeddles with the estate of the deceased and where the party sues or is prosecuted […]
Tag: cpc
Can defendant cross-examine of plaintiff’s witness without filing written statement in suit?
Question: Can the defendant cross-examine the plaintiff’s witness without filing a written statement in a suit? The answer to this question is yes. The defendant can cross-examine the plaintiff and his witness without filing a written statement in the suit. According to Basalingappa Chinnappa Goudar vs. Shantavva And Ors ILR 2002 KAR 260, the Karnataka […]
Proper and Necessary party under CPC
Introduction: In a civil suit, having opposite parties is the most crucial requirement of the lawsuit. However, every party of the suit doesn’t need to be adjudicated. In this way, there is some distinction between the necessary and proper party in a civil suit. One of the basic requirements of any civil litigation is proper […]
Vakalatnama: how to fill, Know the content,terms,validity,format & judgements of vakalatnama
Can legal heirs of defendant file an additional written statement in a suit?
The question arises when the defendant does not accept the plaintiff’s suit. He can oppose the lawsuit allegations against him, and this way, in his defense, he can file his written statement, which is known as a reply from the defendant or an answer to the plaint. In the civil procedure code under Order 8 […]
What is the effect of non-filing written statements in a suit?
(1) meaning of the written statement : The written statement is an essential part of every civil suit. When the plaintiff filed a lawsuit against the defendant or defendants, his plaintiff put his grievance against a defendant. After considering the objection of the plaintiff, the Court can order to issue summons to the opposite parties, […]
Importance of a written statement in the civil suit.(Palint,Order 8 of CPC, Set-off, Counter Claim, limitation, etc. with case laws)
What is a written statement? The written statement is part of a civil suit. It plays a very important role in the suit filed by the plaintiff against the defendant. A written statement is a reply file by the defendant of the plaintiff’s suit. It is called a reply to the defendant. The particular definition […]
When court should not permit withdrawal of suit with liberty to file a fresh suit?
Introduction : Withdrawal of suit with liberty to file a fresh suit is the plaintiff’s right, but when the plaintiff wishes to withdraw of suit with liberty to file a fresh suit, generally, the Court should not routinely permit a plaintiff to do so. When the plaintiff wants to request Permission from the Court to […]