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Decree

'decree' and is capable of execution, Ameer-un-Nissa Begum v. Mahboob Begum, AIR 1955 SC 352 (359). [Civil Procedure Code, 1908, s. 2(2)] A decree is defined in s. 2(2) of the Code to mean the formal expression

Cause of action

Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)] --It is only that court in whose jurisdiction the 'cause of action' did

Mistake or an error apparent on the face of the record

Mistake or an error apparent on the face of the record, under Order 47, Rule 1, CPC a judgment may be open to review inter alia if there is a mistake or an error apparent

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May

Bihar, 1961 SC 849; Narayana Rao v. State of Andhra Pradesh, 1957 SC 737. [See also Civil Procedure Code, 1908, s. 39] The word 'may' in Article 226 of the Constitution has reference to sanction and does

Corporation

(1398). [Penal Code (45 of 1860), s. 21, Cl. (12)] 'Corporation' referred to under s. 20 Expln of CPC mean not only statutory corporation but also a company registered under the Indian Companies Act, Hakam Singh v.

Means

Means, the word 'means' used in O. XXXIII, R. 1, Civil Procedure Code, covers all realisable assets within the applicant's reach, Tej Dat Singh v. Yuvraj Datt, 1947 AWR (CC) 275:

Limitation of actions and prosecutions

after twelve years, whether by covenant or collateral bond, by the R.P. Act, 1874, s. 8. See (English) CPC, 1833 (3 & 4 Will. 4, c. 42) By the (English) Real Property Limitation Act, 1874 (37 &

In forma pauperis

Orders and Common Law Rules (which gave effect to it in somewhat different terms) are thrown into one code by (English) R.S.C., Ord. XVI., rr. 22-31 G., by which a person may be admitted to sue or

Entertain

(1970) 2 SCR 898. The expression 'entertain' in proviso to cl. (b) of Or. 21, r. 90,Civil Procedure Code,1908 means 'adjudicate upon' or 'proceed to consider on merits' and not 'initiation of proceeding', Hindusthan Commercial Bank Ltd.

Defence struck off or defence struck out

unknown in the sphere of law. Indeed it finds a place on Order XI, Rule 21 of the Code of Civil Procedure: Where any party fails to comply with any order to answer interrogatories, or for discovery

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