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Limitation Act, 1963 (36 of 1963) Section 21

Title: Effect of Substituting or Adding New Plaintiff or Defendant

State: Central

Year: 1963

(1) Where after the institution of a suit, a new plaintiff or, defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party: Provided that where the court is satisfied that the omission to include a new plaintiff or defendant was due to a mistake made in good faith it may direct that the suit as regards such plaintiff or defendant shall be deemed to have been instituted on any earlier date. (2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff.

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Waste Lands (Claims) Act, 1863 Section 10

Title: Plaintiff and Defendant in Suit Under Section 5

State: Central

Year: 1863

In every suit instituted under section 5 of this Act, the claimant of the waste land, or objector to the sale or other disposition of such land, shall appear as plaintiff; and the Collector, or other officer aforesaid, shall appear as defendant on the part of {Subs.by the A.O.1937 for " Govt."}[the State Government]. Appearance.- Either party may appear by pleader or by agent: Proviso.- Provided that if such other officer as aforesaid be the presiding officer of the principal Civil Court of original jurisdiction in the district, the State Government shall appoint some other officer to appear as defendant in the case on its behalf. Plaintiff and defendant in suits under section 6.- In any suit ordered to be instituted {The words " by the L.G." rep.by Act 4 of 1914, Sch., Pt.I.} under section 6 of this Act, {Subs.by the A.O.1937 for " Govt."}[the State Government] by any officer, to be appointed for the purpose, shall appear as plaintiff; and the claimant or objector as aforesaid shall appear as defendant.

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Divorce Act, 1869 Section 11

Title: Adulterer or Adulteress to Be Co-respondent

State: Central

Year: 1869

1 [11. Adulterer or adulteress to be co-respondent On a petition for dissolution of marriage presented by a husband or wife on the ground of adultery, the petitioner shall make the alleged adulterer or adulteress a co-respondent, unless the petitioner is excused by the Court from so doing on any of the following grounds, namely:-- (a) that the wife, being the respondent is leading the life of a prostitute or the husband, being respondent is leading an immoral life and that the petitioner knows of no person with whom the adultery has been committed; (b) that the name of the alleged adulterer or adulteress is unknown to the petitioner although the petitioner has made due efforts to discover it; (c) that the alleged adulterer or adulteress is dead.".] _____________________ 1. Substituted by Act 51 of 2001, section 7, for section 11 (w.e.f. 3-10-2001).

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CONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 17

Title: Decree in case of male respondent refusing to cohabit on grounds of petitioners change of religion

State: Central

Year: 1866

If the respondent be a male, and in answer to the interrogatories of the Judge or Commissioners, as the case may be, shall refuse to cohabit with the petitioner, the Judge, if upon consideration of the respondent's answers and of the facts which may have been proved by the petitioner he shall be of opinion that the ground of such refusal is the petitioner's change of religion, shall adjourn the case for a year. At the expiration of such adjournment, the petitioner shall again appear in Court; and if the respondent on being interrogated by the Judge or Commissioners, as the case may be, again refuse to cohabit with the petitioner, the Judge shall thereupon pass such a decree as last aforesaid : Proviso.-- Provided that if the petitioner shall so desire (but not otherwise), the proceedings in the suit shall, mutatis mutandis, be the same as in the case of a female respondent.

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Representation of the People Act, 1951 Section 116

Title: Abatement or Substitution on Death of Respondent

State: Central

Year: 1951

If before the conclusion of the trial of an election petition, the sole respondent dies or gives notice that he does not intend to oppose the petition or any of the respondents dies or gives such notice and there is no other respondent who is opposing the petition,1[the High Court] shall cause notice of such event to be published in the Official Gazette, and thereupon any person who might have been a petitioner may, within fourteen days of such publication, apply to be substituted in place of such respondent to oppose the petition, and shall be entitled to continue the proceedings upon such terms as1[the High Court] may think fit. ______________________ 1. Substituted by Act 47 of 1966, Section 49, for "the Tribunal" w.e.f. 14-12-1966.

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CONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 13

Title: First interrogation of respondent

State: Central

Year: 1866

The respondent, if such points be proved to the satisfaction of the Judge, shall thereupon be asked whether she or he refuses to cohabit with the petitioner, and, if so, what is the ground of such refusal. In ordinary cases such interrogation and every other interrogation prescribed by this Act shall be made by the Judge, but when the respondent is exempt by law from personal appearance in Court, or when the Judge shall, in his discretion, excuse the respondent from such appearance, the interrogations shall be made by Commissioners acting under such commission as hereinafter mentioned.

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CONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 15

Title: Procedure when female respondent refuses to cohabit with petitioner

State: Central

Year: 1866

If the respondent be a female, and in answer to the interrogatories of the Judge or Commissioners, as the case may be, shall refuse to cohabit with the petitioner, the Judge, if upon consideration of the respondent's answers and of the facts which may have been proved by the petitioner he shall be of opinion that the ground for: such refusal is the petitioner's change of religion, shall make an order adjourning the case for a year, and directing that, in the interring, the parties shall, at such place and time as he shall deem convenient, have an interview of such length as the Judge shall direct, and in the presence of such person or persons (who may be a female or females) as the Judge shall select, with the view of ascertaining whether or not the respondent freely and voluntarily persists in such refusal.(Adjournment for a year.Interview.)

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Hindu Marriage Act, 1955 Section 23A

Title: Relief for Respondent in Divorce and Other Proceedings

State: Central

Year: 1955

1[23A. Relief for respondent in divorce and other proceedings In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner's adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground; and if the petitioner's adultery, cruelty or desertion is proved, the court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground.] __________________________ 1. Inserted by Act 68 of 1976, section 17 (w.e.f. 27-5-1976).

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Special Marriage Act, 1954 Section 35

Title: Relief for Respondent in Divorce and Other Proceedings

State: Central

Year: 1954

1[35. Relief for respondent in divorce and other proceedings In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner's adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground, and if the petitioner's adultery, cruelty or desertion is proved, court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground.] ________________________ 1. Substituted by Act 68 of 1976, Section 35, for section 35, (w.e.f. 27-5-1976).

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CONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 23

Title: Dismissal of suit if either party under age required by Act, or if parties cohabiting, or respondent willing to cohabit

State: Central

Year: 1866

If at any stage of the suit it be proved that the male party to suit is or was at the institution thereof under the age of sixteen years, or that the female party to the suit is or was at the same time under the age of thirteen years, or that the petitioner and the respondent are cohabiting as man and wife, or if the Court is satisfied by the evidence adduced that the respondent is ready and willing so to cohabit with the petitioner, the Court shall pass a decree dismissing the suit and stating the ground of such dismissal.

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