Civil Procedure
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The Illusion of a Stay: Revisiting Order XLI Rule 5 and the Fallacy of the De Facto Appellate Stay
Amitabh Kumar Saxena is a fourth-year student at National Law Institute University, Bhopal. Vibha Patel is a third-year student at Tamil Nadu National Law University, Tiruchirappalli. In civil litigation, the… Read more.
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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… Read more.
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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… Read more.
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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… Read more.
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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… Read more.
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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… Read more.
