Sections Flashcards

1
Q

Rejection of plaint

A

Order VII- , Rule 11.

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2
Q

Elements of a Plaint

A

Order VII- Plaint, Rules 1 – 9

(a) the name of the Court in which the suit is brought;
(b) the name, description and place of residence of the plaintiff;
(c) the name, description and place of residence of the defendant, so far as they can be ascertained;
(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that
effect;
(e) the facts constituting the cause of action and when it arose;
(f) the facts showing that the Court has jurisdiction;
(g) the relief which the plaintiff claims;
(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so
allowed or relinquished; and
(i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of
court fees, so far as the case admits.

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3
Q

Pleadings Generally

Leave to amend

A

Order VI
Rules 17, 18

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4
Q

Counter claim

A

Order 8, Rules 6-A-6-G

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5
Q

Set off

A

Order 8, Rule 6

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6
Q

Proclamation of Sale

A

Order 21, Rule 66

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7
Q

Interrogatories

A

(Order XI, Rules 1–11)

Rule 1: Any party can deliver interrogatories with court approval.

Rule 2: Must be clear, concise, and relevant.

Rule 3: Can be objected to if irrelevant, privileged, or oppressive.

Rule 4: Responses must be given via affidavit.

Rule 5: Evasive or incomplete answers can be challenged.

Rule 6: Answers can be used as evidence.

Rule 7: Failure to answer may lead to penalties (striking out pleadings, ex parte decision, contempt).

Rule 8: Court can reject unreasonable interrogatories.

Rule 11: Costs may be imposed for unnecessary interrogatories.

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8
Q

Affidavit Under

A

Order XIX & Section 139 CPC

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9
Q

Garnishee Order Under CPC

A

Order XXI, Rules 46–46F

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10
Q

All suits of civil nature

A

Section 9

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