Civil Procedure Code – CPC

  • SC issues 12 Directions for Speedy Trial of Civil Cases

    The Honorable Supreme Court in a landmark judgment issued 12 directions for speedy trial of civil cases in Courts at district and taluka levels. The courts at district and taluka levels were directed to ensure timely execution of summons, filing of written statements, and completion of pleadings. Post-pleadings, parties are to attempt ADR or proceed…

  • Necessary Party and Proper Party for Effective Adjudication

    “15. A “necessary party” is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the court. If a “necessary party” is not impleaded, the suit itself is liable to be dismissed. A “proper party” is a party who, though not…

  • Order obtained by Fraud – Power to Recall the Order

    “21. In Smith v. East Elloe Rural Distt. Council the House of Lords held that the effect of fraud would normally be to vitiate any act or order. In another case, Lazarus Estates Ltd. v. Beasley, Denning, L.J. said: ‘No judgment of a court, no order of a Minister, can be allowed to stand if…

  • Duty of Applicant to Disclose all Material Facts

    The underlying object has been succinctly stated by Scrutton, L.J., in the leading case of R. v. Kensington Income Tax Commrs.– (1917) 1 KB 486 : 86 LJKB 257 : 116 LT 136 (CA) in the following words: (KB p. 514) “… it has been for many years the rule of the court, and one…

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