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Start Free TrialLimitation 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.
View Complete Act List Judgments citing this sectionWaste 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.
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 22
Title: Costs when Plaintiff Sues in High Court in Other Cases Cognizable by Small Cause Court
State: Central
Year: 1882
If any suit cognizable by the Small Cause Court, other than a suit to which section 21 applies, is instituted in the High Court, and if in such suit the plaintiff obtains, in the case of a suit founded on contract, a decree for any matter of an amount or value less than {Substituted by section 11, ibid., for "two thousand"} [one thousand] rupees, and in the case of any other suit a decree for any matter of an amount or value of less than three hundred rupees, no cost shall be allowed to the plaintiff; and if in any such suit the plaintiff does not obtain a decree, the defendant shall be entitled to his costs {In the application of the Act to Madras, these words have been substituted by certain other words: see Mad.Act 1 of 1945, section 3} [as between attorney and client]. The foregoing rules shall not apply to any suit in which the Judge who tries the same certifies that it was one fit to be brought in the High Court.
View Complete Act List Judgments citing this sectionBombay City Civil Court Act, 1948, (Maharashtra) Section 13
Title: Costs to Be Disallowed when Plaintiff Sues in High Court Instead of in City Court
State: Maharashtra
Year: 1948
If in any suit instituted in the High Court the Judge who tries it is of the opinion that it ought to have been instituted in the City Court and in such suit-- (a) if the plaintiff does not obtain a decree, the defendant shall be entitled to his costs as between attorney and client; or (b) if the plaintiff obtains a decree for any matter of an amount or value less than the maximum amount of the pecuniary jurisdiction of the City Court, no costs shall be allowed to the plaintiff.
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 26
Title: Compensation Payable by Plaintiff to Defendant in Certain Cases
State: Central
Year: 1882
.....not obtain a decree for the full amount of his claim, the Small Cause Court may in its discretion order the plaintiff to pay to the defendant, by way of satisfaction for his trouble and attendance, such sum as it thinks fit. When any claim preferred, or objection made, under section 278 of the Code of Civil Procedure (14 of 1882){See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Schedule I, Order XXI, rule 58} is disallowed, the Small Cause Court may in its discretion order the person preferring or making such claim or objection to pay to the decree-holder, or to the judgment-debtor, or to both by way of satisfaction as aforesaid, such sum or sums as it thinks fit. And when any claim or objection is allowed the Court may award such compensation by way of damages to the claimant or objector as it thinks fit; and the order of the Court awarding or refusing such compensation shall bar any suit in respect of injury caused by the attachment.Any order under this section may, in default of payment of the amount payable thereunder, be enforced by the person in whose favour it is made against the person against whom it is made as if it were a decree of the Court.
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 18A
Title: Plaintiff May Abandon Suit Against Defendant Resident out of Jurisdiction
State: Central
Year: 1882
The Small Cause Court may allow a plaintiff at or before the first hearing of a suit in which a joint and several liability is alleged on a cause of action arising either wholly or in part within the local limits of the jurisdiction of the Court to abandon the suit as against any defendant who does not reside or carry on business or personally work for gain within such local limits, and to sue for a decree against such defendants only as do so reside, carry on business or personally work for gain.
View Complete Act List Judgments citing this sectionKARNATAKA COURT-FEES AND SUITS VALUATION ACT, 1958 Section 10
Title: Statement of particulars of subject-matter of suit and plaintiff's valuation thereof
State: Karnataka
Year: 1958
In every suit in which the fee payable under this Act on the plaint depends on the market value of the subject-matter of the suit, plaintiff shall file with the plaint a statement in the prescribed form, of particulars of the subject-matter of the suit and his valuation thereof unless such particulars and the valuation are contained in the plaint.
View Complete Act List Judgments citing this sectionKarnataka Land Revenue Act, 1964 Section 63
Title: Plaintiff to Exhaust His Right of Appeal Before Instituting a Suit or Other Proceeding Against Government
State: Karnataka
Year: 1964
No Civil Court shall entertain any suit or other proceeding against the State Government on account of any act or omission of the State Government or any Revenue Officer, unless the plaintiff first proves that previously to the institution of the suit or other proceeding, he has presented all such appeals allowed by the law for the time being in force as, within the period of limitation allowed for bringing such suit or proceeding, it was possible to present.
View Complete Act List Judgments citing this sectionCarriage by Air Act, 1972 Schedule 3
Title: The Third Schedule
State: Central
Year: 1972
.....upon under the form of a single contract or of a series of contracts, and it shall not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State. (5) These rules shall apply also to carriage as set out in Chapter V, subject to the terms contained therein. 2. (1) These rules shall apply to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in rule 1. (2) In the carriage of postal items, the carrier shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administration. (3) Except as provided in sub-rule (2), these rules shall not apply to the carriage of postal items. CHAPTER II Documentation and duties of the parties relating to the carriage of passengers, baggage and cargo 3. (1) In respect of carriage of passengers, an individual or collective document of carriage shall be delivered containing-- (a) an indication of the places of departure and destination; (b) if the places of departure and.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 12
Title: Death, Marriage and Insolvency of Parties
State: Central
Year: 1908
.....within the period specified in the said Act, the Court shall, in considering the application under the said section 5, have due regard to the fact of such ignorance, if proved.] 2[4A. Procedure where there is no legal representative (1) If, in any suit, it shall appear to the Court that any party who has died during the pendency of the suit has no legal representative, the Court may, on the application of any party to the suit, proceed in the absence of a person representing the estate of the deceased person, or may by order appoint the Administrator-General, or an officer of the Court or such other person as it thinks fit to represent the estate of the deceased person for the purpose of the suit; and any judgment or order subsequently given or made in the suit shall bind the estate of the deceased person to the same extent as he would have been bound if a personal representative of the deceased person had been a party to the suit. (2) Before making an order under this rule, the Court-- (a) may require notice of the application for the order to be given to such (if any) of the persons having an interest in the estate of the deceased person as it thinks fit; and .....
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