Commentaries on the Code of Civil Procedure (Act No. X of 1877)

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Higginbotham, 1878 - 702 страници
 

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Res judicata 2648
26
Appearance and answer by Secretary of State
39
CHAPTER II
48
Procedure where defendant appears on day
63
Suits to be instituted where subjectmatter
67
Defendants added to be served
69
Each of several plaintiffs or defendants
80
278
92
Certificated mukhtárs
95
Notice previous to suing Secretary of State
96
42
101
Procedure where defendant only appears
102
Only certain claims to be joined with suit
109
Proceeding where no application made by repre
119
RECEIVED THE ASSENT OF HIS EXCELLENCY THE GOVERNOR
131
Procedure in case of nonattendance of one
139
Proved documents to be marked and filed
141
No party to be ordered to appear in person unless
154
Court may grant time or adjourn hearing
156
When service may be on male member of defend
161
Endorsement of time and manner of service 81 165166
165
to be fixed 84
171
Setting aside decree ex parte against defendant 108
178
Court may at any time call for written statement
189
Oral examination of party or companion of him
192
Translation of judgment
201
121199202
203
Court receiving copies of decree c to file
206
Entries in shopbooks
218
298
225
Power to amend add and strike out issues
229
Court may proceed notwithstanding either party
231
299
239
OF THE HEARING OF THE SUIT AND EXAMINATION
253
Witnesses to be examined in open Court
263
190
264
When evidence may be given by affidavit
272
Exception
276
Administrationsuit
282
tements
286
Service of process on recognized agent
287
Court if satisfied that the agreement was executed
292
Proviso where property is sold subject to mort
295
Contents of application for execution of decree 235
299
Procedure where Courts in which suit may
301
Time for payment in full
307
Crossclaims under same decree
310
Provisions as to second appeals
313
365
315
255
318
150
331
Power to prescribe rules as to transmission exe
339
Attachment of decree for money
345
Evidence to be adduced by claimant
351
Power of Collector as to sale of land in execution
359
Effect of objection being disallowed and of
360
Procedure in case of obstruction by judgment
365
Abatement where no application by representa
366
OF INSOLVENT JUDGMENTDEBTORS
374
Effect of discharge
381
Section Page
424
Compromise without leave voidable
429
Postage 95
432
Subscription and verification of plaint
435
When interpleadersuit may be instituted 470
436
Power to prescribe rules for transferring to Col
439
CHAPTER V
442
Procedure in case of application by surety to
451
Costs
455
Cases in which Court may issue commission
459
Injunction to restrain repetition or continuance
468
Payment of thing claimed into Court 472 438
472
16
473
Power to order interim sale of perishable articles 498
474
Gresley
477
Procedure where they are not so subordinate
480
511
488
549
504
128
507
OF SUMMARY PROCEDURE ON NEGOTIABLE INSTRUMENTS
510
PART VI
516
Registry of memorandum of appeal 548
523
Finding and evidence to be put on record
532
Application for review in Court consisting of
535
OF APPEALS FROM ORDERS
541
Refund of balance of deposit 607
545
PART II
548
Application when rejected 628
552
643
557
Readmission of appeal dismissed for default
558
OF THE INSTITUTION OF SUITS
564
OF THE DEATH MARRIAGE AND INSOLVENCY OF PARTIES
565
To whom applications for review may be made
624
This part to apply only to certain High Courts
631
Order for commission may be made either
634
Nonjudicial acts may be done by Registrar
637
Admission of affidavits as evidence
648
317
658
0 of officers appointed to try small suits
679
Proviso
703
362
725
Attestation of amendment
727
When the plaint shall be returned to be pre
733
THE THIRD SCHEDULE Bombay enactments
739
Service of process on pleader
681
Mode of taking additional evidence
682
If neither party appear suit to be dismissed
683
Procedure after issue of notice
684
d of Recorder of Rangoon sitting as
685
Compromise of suits
686
Transfer of suits
687
Power to demand admission of genuineness
689
Subsistence money to be added to amount
691
147
692
Seizure of property in house
695
141
697
Ascertainment from each party whether allega
699
Suits by or against Secretary of State in Council 416
700
Expenses of witnesses to be paid into Court
701

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Страница 505 - In case of any action founded upon a bill of exchange, or other negotiable instrument, it shall be lawful for the court or a judge to order that the loss of such instrument shall not be set up, provided an indemnity is given, to the satisfaction of the court or judge, or a master, against the claims of any other person upon such negotiable instrument.
Страница 507 - That the plaintiff may have such further or other relief as the nature of the case may require.
Страница 26 - I say, that where a given matter becomes the subject of litigation in, and of adjudication by, a Court of competent jurisdiction, the Court requires the parties to that litigation to bring forward their whole case, and will not (except under special circumstances) permit the same parties to open the same subject of litigation in respect of matter which might have been brought forward as part of the subject in contest, but which was not brought forward, only because they have, from negligence, inadvertence,...
Страница 200 - ... last-mentioned hour, to admit that such of the said documents as are specified to be originals were respectively •written, signed, or executed as they purport respectively to have been ; that such as are specified as copies are true copies ; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively ; saving all just exceptions to the admissibility of all such documents as evidence in this cause.
Страница 1 - Government, or to prevent the infraction of any law for the protection of the pecuniary interests of Government ; and every officer in the service or pay of Government or remunerated by fees or commission for the performance of any public duty ; Tenth.
Страница 657 - ... that the plaintiff has good cause of action against the defendant to the amount of fifty pounds or upwards, and that there is...
Страница 14 - No Court shall try any suit or issue ; " "' in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court of jurisdiction competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.
Страница 586 - That all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff to have the said agreement performed by the defendant...
Страница 107 - Order, the plaintiff may unite in the same action several causes of action, but if it appear to the Court or a Judge that any such causes of action cannot be conveniently tried or disposed of together, the Court or Judge may order separate trials of any of such causes of action to be had, or may make such other order as may be necessary or expedient for the separate disposal thereof.
Страница 587 - That by an agreement dated the day of 187 , it was agreed by and between the plaintiff and the defendant that the plaintiff...

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