Procedural Default - Law Dictionary Search Results
Home Dictionary Name: procedural default Page: 3Ejectment
Ejectment, the 'mixed' action at Common Law to recover the possession of land (which is real), and damages and costs for the wrongful withholding of the land (which are personal).Until abolished by the (English) C.L.P. Act, 1852, s. 168, the forms of this action exhibited the most remarkable string of fictions then recognized by the Courts of Common Law. The action was commen-ced by the party claiming title delivering to the party in possession a declaration in which the plaintiff (John Doe) and the defendant (Richard Roe) were fictitious persons. The declaration stated that a lease of the premises in question for a term of years had been made by the party claiming the title (who was the real plaintiff) to John Doe, who entered upon the land by virtue of such demise, and that afterwards Richard Roe, the casual ejector, entered and ousted John Doe during the continuance of his term. Appended to this declara-tion was a notice signed by Richard Roe, addressed to the tenant in possession (...
Entitled to act
Entitled to act, the following persons shall be deemed persons as and to the extent hereinafter provided (that is to say):-Provided that--(i) no person shall be deemed 'entitled to act' whose interests in the subject-matter shall be shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act.(ii) in every such case the person interested may appear by a next friend, or, in default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof.(iii) the provisions of Order 32 of the First Schedule to the Code of Civil Procedure, 1908 shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act.(iv) no person 'entitled to act' shall be competent to receive the compensation money p...
Summons
Summons [fr. the writ called summoneas--Pegge's Anecd. Of the Eng. Lang., 2nd Edn. 173], a call of authority, admonition to appear in court, a citation.1. To commence Action in High Court, By R.S.C. Ord. II., r. 1(see Annual Practice):-Every action in the High Court shall be commenced by a writ of summons, which shall be indorsed with a statement of the nature of the claim made, or of the relief or remedy required in the action, and which shall specify the Division of the High Court to which it is intended that the action should be assigned.See also SUMMARY JUDGMENT.2. To Judges' or Masters' Chambers.--The means by which one party brings the other before a judge (or a master) to settle matters of detail in the procedure of a suit; as, for directions; to modify pleadings when inconvenient, to require security for costs, to change the venue, etc. There is an appeal from the decision of a master to the judge, and from the judge's decision to the Court of Appeal.3. To Court of Summary Juri...
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