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Home Bare Acts Phrase: actionable claim Sorted by: old Year: 1908 Page 1 of about 102 results (0.008 seconds)Sign-up to get more results
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Start Free TrialCode of Civil Procedure, 1908 Part IV
Title: Suits in Particular Cases
State: Central
Year: 1908
.....prosecute or defend any suit on behalf of such Ruler, and any persons so appointed shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code may be made or done on behalf of such Ruler. (2) An appointment under this section may be made for the purpose of a specified suit or of several specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or defend on behalf of such Ruler. (3) A person appointed under this section may authorise or appoint any other persons to make appearances and applications and do acts in any such suit or suits as if he were himself a party thereto. Section 86 - Suits against foreign Rulers, Ambassadors and Envoys (1) No 1 [***] foreign State may be sued in any Court otherwise competent to try the suit except with the consent of the Central Government certified in writing by a Secretary to that Government: Provided that a person may, as a tenant of immovable property, sue without such consent as aforesaid 2[a foreign State] from whom he holds or claims to hold the property. (2) Such consent may be given with respect to a specified suit or to several.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Order VIII
Title: Written Statement, Set-off and Counter-claim
State: Central
Year: 1908
1[WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM] __________________ 1. Substituted by Act 104 of 1976, section 58, for the heading "WRITTEN STATEMENT AND SET-OFF" (w.e.f. 1-2-1977)
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 97 to 106
Title: Resistance of Delivery of Possession to Decree-holder or Purchaser
State: Central
Year: 1908
.....(including questions relating to right, title or interest in the property) arising between the parties to a proceeding on an application under rule 97 or rule 99 or their representatives, and relevant to the adjudication of the application, shall be determined by the Court dealing with the application, and not by a separate suit and for this purpose, the Court shall, notwithstanding anything to the contrary contained in any other law for the time being in force, be deemed to have jurisdiction to decide such questions.] 2[102. Rules not applicable to transferee pendente lite Nothing in rules 98 and 100 shall apply to resistance or obstruction in execution of a decree for the possession of immovable property by a person to whom the judgment-debtor has transferred the property after the institution of the suit in which the decree was passed or to the dispossession of any such person. Explanation.--In this rule, "transfer" includes a transfer by operation of law.] 2[103. Orders to be treated as decrees Where any application has been adjudicated upon under rule 98 or rule 100, the order made thereon shall have the same force and be subject to the same conditions as.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 82 to 96
Title: Sale of Immovable Property
State: Central
Year: 1908
.....publishing or conducting it. (2) No sale shall be set aside on the ground of irregularity or fraud in publishing or conducting it unless, upon the facts proved, the Court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud. (3) No application to set aside a sale under this rule shall be entertained upon any ground which the applicant could have taken on or before the date on which the proclamation of sale was drawn up. Explanation.--The mere absence of, or defect in, attachment of the property sold shall not, by itself, be a ground for setting aside a sale under this rule.] 91. Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest The purchaser at any such sale in execution of a decree may apply to the Court to set aside the sale, on the ground that the judgment-debtor had no saleable interest in the property sold. 92. Sale when to become absolute or be set aside (1) Where no application is made under rule 89, rule 90 or rule 91, or where such application is made and disallowed, the Court shall make an order confirming the sale, and thereupon the sale shall become.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 58 to 63
Title: Adjudication of Claims and Objections
State: Central
Year: 1908
.....; or (d) pass such order as in the circumstances of the case it deems fit. (4) Where any claim or objection has been adjudicated upon under this rule, the order made thereon shall have the same force and be subject to the same conditions as to appeal or otherwise as if it were a decree. (5) Where a claim or an objection is preferred and the Court, under the proviso to sub-rule (1), refuses to entertain it, the party against whom such order is made may institute a suit to establish the right which he claims to the property in dispute ; but, subject to the result of such suit, if any, an order so refusing to entertain the claim or objection shall be conclusive.] 2 [59. Stay of sale Where before the claim was preferred or the objection was made, the property attached had already been advertised for sale, the Court may-- (a) if the property is movable, make an order postponing the sale pending the adjudication of the claim or objection, or (b) if the property is immovable, make an order that, pending the adjudication of the claim or objection, the property shall not be sold, or, that pending such adjudication, the property may be sold but the sale shall not be.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 41 to 57
Title: Attachment of Property
State: Central
Year: 1908
.....by Act 26 of 1939, section 2, for certain words. 7. Substituted by Act 104 of 1976, section 72(xix)(b), for sub-rule (3) (w.e.f. 1-2-1977). 8. Substituted by Act 104 of 1976, section 72(xix)(c), for Explanation (w.e.f. 1-2-1977). 9. Substituted by Act 2 of 1951, section 3, for "the States." 10. Substituted by Act 104 of 1976, section 72(xxi)(a), for section 247 of the Indian Contract Act, 1872 (9 of 1872)" (w.e.f. 1-2-1977). 11. Substituted by Act 104 of 1976, section 72(xxii)(a), for sub-clause (ii) (w.e.f. 1-2-1977). 12. Substituted by Act 104 of 1976, section 72, for rule 57 (w.e.f. 1-2-1977). 13. Inserted by Act 104 of 1976, section 72(xx) (w.e.f. 1-2-1977). 14. Inserted by Act 104 of 1976, section 72(xxi) (b) (w.e.f. 1-2-1977). 15. Inserted by Act 104 of 1976, section 72(xxiii)(a) (w.e.f. 1-2-1977). 16. Inserted by Act 104 of 1976, section 72(xxiii)(b) (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 10 to 23
Title: Application for Execution
State: Central
Year: 1908
.....every application for the execution of a decree shall be in writing, signed and verified by the applicant or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in a tabular form the following particulars, namely :-- (a) the number of the suit; (b) the names of the parties; (c) the date of the decree; (d) whether any, appeal has been preferred from the decree ; (e) whether any, and (if any) what, payment or other adjustment of the matter in controversy has been made between the parties subsequently to the decree; (f) whether any, and (if any) what, previous applications have been made for the execution of the decree, the dates of such applications and their results ; (g) the amount with interest (if any) due upon the decree, or other relief granted thereby, together with particulars of any cross-decree, whether passed before or after the date of the decree sought to be executed; (h) the amount of the costs (if any) awarded ; (i) the name of the person against whom execution of the decree is sought; and (j) the mode in which the assistance of the Court is required whether- (i) by the.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 20
Title: Judgement and Decree
State: Central
Year: 1908
.....the decree without filing a copy of the decree and in such a case the copy made available to the party by the Court shall for the purposes of rule 1 of Order XLI be treated as the decree. But as soon as the decree is drawn, the judgment shall cease to have the effect of a decree for the purposes of execution or for any other purpose. 6B. Copies of judgments when to be made available Where the judgment is pronounced, copies of the judgment shall be made available to the parties immediately after the pronouncement of the judgment for preferring an appeal on payment of such charges as may be specified in the rule made by the High Court.] 7. Date of decree The decree shall bear date the day on which the judgment was pronounced, and, when the Judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree. 8. Procedure where Judge has vacated officer before signing decree Where a Judge has vacated office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge of any Court to.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 23
Title: Discovery and Inspection
State: Central
Year: 1908
.....to minors This Order shall apply to minor plaintiffs and defendants, and to the next friends and guardians for the suit of persons under disability. ________________________ 1. Inserted by Act 46 of 1999, sec. 21(i) (w.e.f. 1-7-2002). 2. Substituted by Act 104 of 1976, section 61(ii), for "or on any other ground" (w.e.f. 1-2-1977). 3. Substituted by Act 46 of 1999, sec. 21(ii), for "at any time" (w.e.f. 1-7-2002). 4. Inserted by Act 104 of 1976 section 61(ii) (w.e.f. 1-2-1977). 5. Rule 21 renumbered as sub-rule (1) of that rule by Act 104 of 1976, section 61(iv) (w.e.f. 1-2-1977). 6. Substituted by Act 104 of 1976, section 61(iv)(a), for "an order may be made accordingly" (w.e.f. 1-2-1977). 7. Inserted by Act 104 of 1976, section 61(iv)(b) (w.e.f. 01.02.1977).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 13 to 14
Title: Settings Aside Decrees Ex Parte
State: Central
Year: 1908
.....had sufficient time to appear and answer the plaintiffs claim.] 2 [Explanation.--Where there has been an appeal against a decree passed ex parte under this rule, and the appeal has been disposed of on any ground other than the ground that the appellant has withdrawn the appeal, no application shall lie under this rule for setting aside the ex parte decree.] 14. No decree to be set aside without notice to opposite party No decree shall be set aside on any such application as aforesaid unless notice thereof has been served on the opposite party. ________________________ 1. Added by Act 104 of 1976, section 59(v) (w.e.f. 1-2-1977). 2. Inserted by Act 104 of 1976, section 59(vi) (w.e.f. 1-2-1977).
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