Category: Civil Procedure
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Right to Lead Rebuttal Evidence – When and How this Right is Exercised
Introduction Order 18 of Code of Civil Procedure (CPC) deals with hearing of the suit and examination of witnesses. Order 18 R.1 deals with right to begin i.e. the plaintiff has right to begin unless the defendant admits the facts alleged by the plaintiff. Order 18 Rule 2 deals with statement and production of evidence…
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Defence Struck Off – What it really means and the procedure thereafter
Introduction The phrase “defence struck off” or “defence struck out” is not unknown in the sphere of law. Indeed it finds place in various provisions of Code of Civil Procedure (CPC) and other special and local laws. This blog tries to explain the term defence struck off in general without referring to any provision in…
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Whether a Non-Party to the Suit can get the Ex-Parte Decree Set Aside
Order 9[i] of the Code of Civil Procedure (CPC) deals with the appearance of parties and the consequences of non-appearance on the first hearing. Order 17, Rule 2[ii], lays down that the non-appearance of a party on an adjourned hearing may lead to similar consequences. An ex-parte decree is a decree passed in the absence…
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Whether Section 80 CPC Notice Required when Court Suo Motu adds/impleads Government as Party to the Suit?
Introduction As is well known, Section 80 Civil Procedure Code[i], lays down that no suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, without the expiration of two months next after notice in writing. The…
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Appointment of Commission for Scientific Investigation in Civil Cases- When, How and its Probative Value (Part-II)
This is the second part of the bi-partite article series. In the previous part, I discussed about the appointment of Advocate commissioner under Order 26 R 10A, the functions usually carried out by the commission, disputes as to handwriting and verification process of such documents. The last heading dealt with in previous part was appointment…
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Appointment of Commission for Scientific Investigation in Civil Cases- When, How and its Probative Value (Part-I)
This is the first part of a bi-partite article series. Introduction Appointment of commission is a daily thing in the civil courts, the most usual being appointment for local inspection, to get a report of the disputed spot. Out of the purposes for which commissioner can be appointed the most technical and tricky in terms…
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