Civil procedure code pakistan with commentary. Formats and Editions of The law of civil procedure; a detailed and exhaustive commentary on the Code of civil procedure, 1908, as amended up 2019-02-08

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The Code of Civil Procedure, 1908

civil procedure code pakistan with commentary

Both yajman vritti and man vritti are offerings to a purohit by a devout Hindu on the occasion of his officiating at religious ceremonies and functions. The language used is simple but explicit and clear. Application may contain argue but plaint does not. If from the statement of search witness the court finds that the accused has gone into hiding and avoided his lawful arrest and absconded, then the court would declare him absconder and the court would commence the conduct of trial in his absentia. If plaintiff cannot afford Court fee for larger claim, he may confine his claim upto Rs. They were specially devised to counter the fierce opposition of the Pashtuns to British rule, and their main objective was to protect the interests of the British Empire. Right to office of a hereditary priest to which fees are attached is property and a suit is maintainable.

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Section 12(2) of Civil Procedure Code (CPC)

civil procedure code pakistan with commentary

There may be offices without emoluments at all. It is a civil right of every citizen that he should be entitled to carry on his worship in any method he likes so long as he does not, by his performances, affect others injuriously. The civil court has jurisdiction to see whether the decision of authorities granting patta is fraudulent or spurious. Sub judice is now irrelevant to journalists because of the introduction of the Contempt of Court Act 1981. Res-judicata deals with cases, which have already been decided by a Court of competent jurisdiction, but Res- subjudice deals with cases which are pending before the Court of competent jurisdiction.


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The Code of Civil Procedure, 1908

civil procedure code pakistan with commentary

The scheme of the Land Acquisition Act is complete in itself and thereby the jurisdiction of the civil court to take cognizance of the cases arising under the Land Acquisition Act, by necessary implication, stood barred. A plea not properly raised in the pleadings or in issues at the stage of the trial, would not be permitted to be raised for the first time at the stage of appeal. Jurisdiction: The Court where the case is to be brought must be competent to hear the case. It should contain directly and substantially same matter in issue. May be in a given case only copy of judgment in previous suit is filed in proof of plea of res Judicata and the judgment contains exhaustive or in requisite details the statement of pleadings and the issues which may be taken as enough proof.

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Section 12(2) of Civil Procedure Code (CPC)

civil procedure code pakistan with commentary

And reading the plaint as a whole, it can legitimately be culled out that he made out a case, whether it was right on fact or not, that is a different question, that he was wrongfully dismissed from service. This treatise on Civil Procedure is accurate and concise. The jirga's conclusion in the matter has to be accepted. Appointment of receiver: In order to keep the property of defendant in the custody of Court, Court may appoint receiver for maintenance and subsequently its sale. A perusal of the plaint indicates that the plaintiff has challenged the execution of sale deed of agricultural land on the ground that the sale deed has been executed by the mother without obtaining permission of the District Judge. In English law, the term was correctly used to describe material which would prejudice court proceedings by publication before 1981. Every magistrate court is allocated a jurisdiction that is usually one or more Police Stations in the area.

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Code of Criminal Procedure 1898 PDF

civil procedure code pakistan with commentary

To frame additional issue in case and refer it to the Court below for trial. The previously instituted suit must be pending in the same Court or in any other Court in Pakistan, or in any Court beyond Pakistan established with the authority of the Federal Government. Appeal can also be made against decree. Generally law leans in favour of women. It is open to party to withdraw his plaint as a whole or partly at any stage of proceedings. Code of Criminal Procedure Contains all the procedures and provisions which are necessary to regulate the working of Criminal Law Courts in Country. It is a general principle of law that where there is a right there must be a remedy; ubi jus ibi remedium.

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Civil procedure code

civil procedure code pakistan with commentary

For instance, if a person institutes a suit against government that government has not paid to him salary for last six months, it can easily be checked out from the record. Effects: Service of summons by these means is presumed completed. The suit for declaration of title to Inam land is barred. Plaintiff cannot be given more than what he has asked for. Provincial Parliamentary Committee will oversee the recommendations of the Judicial Commissions.


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The law of civil procedure; a detailed and exhaustive commentary on the Code of civil procedure, 1908, as amended up

civil procedure code pakistan with commentary

Some critics are of the view that some of these amendments had the effect of depriving the litigants of some of their basic rights. As regards the religious offices where fees are appurtenant as of right, there is no dispute that a suit will lie against an intruder for a declaration that the- office is vested in the plaintiff. In pleading state your whole case, in other words set forth in pleading all material facts on which you rely for your claim or defence , as the case may be. The Supreme Court in the case of Abdulla Bin Ali and others v. University of Delhi, 2 S. It is plain that the suit is of a civil nature. Civil suit lies where fundamental principles of procedure are not followed by the tribunals constituted under the land reform laws.


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The law of civil procedure; a detailed and exhaustive commentary on the Code of civil procedure, 1908, as amended up

civil procedure code pakistan with commentary

Suit can be re-opened against consent decree upon mutual agreement of the parties. Effective decision cannot be given without her joining. A question finally decided at one stage of a proceeding cannot be re-agitated between the same parties or their representatives at a subsequent stage. Applicability of bar of res Judicata: Where for recovery of loan by Co-operative Bank, recovery certificate was issued under the Maharashtra Co-operative Societies Act. It is structured on the basic principle of a civilised jurisprudence that absence of machinery for enforcement of right renders it nugatory. It is mere administrative adjustment.

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Civil procedure code

civil procedure code pakistan with commentary

Every pleading shall contain, and contain only, a statement in a concise form of the material facts, on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved. Civil Court may take following measures in the interest of justice: 1. Suits by or against government: It is notable thing that where suit is brought by or against government or public officer, Chief Secretary or Chairman of the department or Collector is made party on government side in both cases either provincial or central. Before the enactment of Banking Ordinance, the cases relating with banking were dealt in ordinary civil courts but after its enactment, special courts are constituted to deal with banking matters. Object of this is to minimization of multiplicity of litigation. If the ombudsman finds a complaint to be substantiated, the problem may get rectified, or an ombudsman report is published making recommendations for change.

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