Muhammad Arooj

Contents: Introduction Objectives of the Limitation Act Overview of Civil Procedure Code (CPC) The Interplay between the Limitation Act and the CPC 4.1. Bar on Suits 4.2. Computation of Period of Limitation 4.3. Exclusion of Time 4.4. Extension of Prescribed Period 4.5. Continuity of Suits 4.6. Application for Execution Comparative Analysis Conclusion Tables for Ready …

The Limitation Act and the CPC: Understanding Their Interplay in Civil Law Read More »

Procedural fairness, commonly known as natural justice, is a fundamental aspect of the law that ensures fair and unbiased treatment in the execution of legal proceedings. Under the Code of Civil Procedure (CPC), procedural fairness plays a vital role in ensuring that parties are treated impartially, and justice is served. This practice note aims to …

A Guide to Procedural Fairness under the CPC Read More »

Table of Contents Introduction Notice of Suit (Section 80) Institution of Suit (Section 79) Agents of the Government (Order XXVII) Government Pleaders (Order XXVII Rule 8) Pleadings (Order XXVII Rule 5 and 7) Security for Costs (Order XXVII Rule 2) Extension of Time (Order XXVII Rule 6) Execution of Decrees (Section 82 & 83) Appeals …

Suits by or Against the Government – Provisions Under the Civil Procedure Code (CPC) Read More »

Contents: Introduction to Special Case Proceedings Different Types of Special Case Proceedings Pleadings Issues Procedures Appeals Conclusion Annexure: Table of Special Case Proceedings 1. Introduction to Special Case Proceedings Special case proceedings refer to those court proceedings which differ from ordinary proceedings in the Civil Procedure Code (CPC) due to their unique characteristics. The CPC …

Special Case Proceedings – A Look at the Civil Procedure Code (CPC) Read More »

Table of Contents Introduction Purpose and Importance Procedural Steps Examination-in-Chief Cross-Examination Re-Examination Recording of Statements Hostile Witnesses Affidavits in Lieu of Examination Expert Witnesses Conclusion 1. Introduction The preliminary examination of witnesses under the Code of Civil Procedure (CPC) is a critical stage in a civil trial, which helps the court to ascertain the truth. …

Preliminary Examination of Witnesses under the CPC (Code of Civil Procedure) Read More »

Table of Contents Introduction Legislative Framework 2.1 Overview of Order 38, Rule 5 of CPC 2.2 Objectives Prerequisites for Attachment Before Judgment 3.1 Prima Facie Case 3.2 Defendant’s Intent to Obstruct or Delay 3.3 Safeguarding the Interests of the Plaintiff Procedure for Attachment Before Judgment 4.1 Application for Attachment 4.2 Notice to Defendant 4.3 Security …

A Study on Attachment Before Judgment under the CPC (Code of Civil Procedure, 1908) Read More »

Contents Introduction Text of Section 151 Objectives When Can Courts Exercise Inherent Powers? Limitations on the Use of Inherent Powers Comparative Analysis Application in Different Stages of Proceedings Conclusion Annexure: Examples and Case Studies 1. Introduction Section 151 of the Code of Civil Procedure, 1908 (CPC) confers inherent powers on the civil courts to make …

Role and Importance of Section 151 in CPC: Inherent Powers of the Court Read More »

Table of Contents Introduction Objective of Pleadings Order 6 of CPC 3.1 Overview 3.2 Key Rules Order 6 Rule 17 of CPC 4.1 Text of the Rule 4.2 Scope 4.3 Conditions 4.4 Principles Governing Amendment Practical Considerations Judicial Trends and Interpretation 1. Introduction In civil litigation, pleadings are the backbone of the case. They define …

Amendment of Pleadings: An Insight into Order 6 Rule 17 of the Code of Civil Procedure (CPC) Read More »