The power of arrest before judgment can neither be used as lever for the plaintiff to coerce or compel the defendant to come to terms, nor to secure easy execution of decree. Principles The power to grant a temporary injunction is at the discretion of the court. . If the court makes an order for discovery, the opposite party is bound to make an affidavit of documents and, if he fails to do so, he will be subject to the penalties specified in Rule 21. Temporary or interim injunction, on the other hand, restrains a party temporarily from doing the specified act and can be granted only until the disposal of the suit or until the further orders of the court. On the other hand, if the plaintiff accepts such payment as satisfaction in part of his claim, he is entitled to prosecute the suit for the balance.
A dies before the institution of the suit. It also cannot be issued against a court or judicial officer. Court ascertains certain facts such as whether A has advanced loan to B, promissory note is original or forged, on which date it was executed etc. When a foreign judgment is sought to be executed under Section 44-A, it will be open to the judgment-debtor to take all objections which would have been open to him under Section 13 if a suit had been filed on such judgment. An application for leave of the court should be accompanied by an affidavit of the next friend or guardian, and if the minor is represented by a pleader, with the certificate of the pleader that such compromise is, in opinion, for the benefit of the minor. A decree however is in its nature final and when an ex parte decree is passed, there can be no question of any future appearance by the defendant who has now become a judgment-debtor; and, unless he can show good cause for his non appearance, the decree will stand unless and until it is set aside on appeal. Claims and objections to the attached property may be raised either by party to the suit or by a stranger.
Where the suit abates on account of the death of a plaintiff, such court fees would be recovered from the estate of the deceased plaintiff. But if two or more courts have jurisdiction to try the suit, it is open to the parties to select a Particular forum and exclude the other forums, and therefore, the parties may agree among themselves that the suit should be brought in one of those courts and not in the other, since there is no inherent lack of jurisdiction in the court. That the Plaintiff will suffer irreparable loss if the dismissal is not set aside and the suit restored. Liabilities: Rule 4 If the receiver fails to submit accounts, or fails to pay the amount due, or occasions loss to the property by his willful default or negligence, the court may direct his property to be attached and sold and make good any amount found to be due from him? That condition in the order of trial court having been set aside by the High Court, we are inclined to sustain the order of the High Court but subject to certain modification. Their joining supports the case. Right of State Government The State Government has right to recover court fees. Interrogatories and an affidavit in answer to interrogatories should be delivered in the prescribed form.
A civil court, hence, cannot appoint a commission to seize account books in possession of any party on the ground that an opposite party has an apprehension that they would be tempered with. Where the parties to a suit agree as to the question of fact or law to be decided between them, they may, by agreement state the same in the form of an issue. Civil Procedure Code, 1908, Order 9, Rule 7-- Ex-parte order - Setting aside of - Held, U. The provisions of Order 21 execution proceedings will also apply to attachment before judgment. But where a decree is passed in a summary suit, an appeal lies.
The expression irreparable injury, however, does not mean that there should be no possibility of repairing the injury. It is not necessary for a judge to give statement in a decree. If the, court Does not possess that jurisdiction, a judgment given, order made or decree passed is null and void which may be set aside in appeal, review or revision. Salary may also be attached if he is employee. Misjoinder: Where persons are wrongly joined as plaintiffs or defendants in an action, i. And higher Court may also put an important question to High Court to get its opinion.
The power may be exercised by the court at any stage of the proceedings either upon an application of the parties or even suo motu of its own motion and on such terms and conditions as may appear to the court to be just. Although this is duty of the every Court to decide the case after getting through the depth of the case, but sometimes assistance of the higher Court is sought. If you are schoolteacher in Islamabad and receive letter of termination in Lahore, then cause of action arises in Lahore as well as in Islamabad because it is the place from where letter is issued. Test for joining: The sole test for joining of the parties and causes of actions is that whether the parties may institute independent suit for each cause of action. Process in Court is not to be taken lightly and non-seriously.
But this provision must be 124. Further injunction: Plaintiff may seek for further injunction for the maintenance of status quo current situation where defendant causes breach of injunction. A counsel for the state need not file a vakalatnama. But the jurisdiction which is important in such matters is only the competence of the court, i. Where she is ultra modern lady, who wears skirt and visits Liberty Market etc. It is an equitable relief and even if all the above conditions are satisfied there may be other circumstances leading to a refusal to grant such a relief.
If, on the other hand, it finds that by granting interim injunction, greater inconvenience will be caused to the defendant, it will refuse the relief. Of course, brevity should not be at the cost of excluding necessary facts, but it does not mean niggling in the pleadings. Where the plaintiff sues in a representative character the plaint shall show not only that he has an actual existing interest in the subject-matter, but that he has taken the steps necessary to enable him to institute a suit concerning it. It may even be an oral application. The documents sought to be discovered need not be admissible in evidence in the enquiry or proceedings.
Does the code of civil procedure make any provision from preventing courts of concurrent jurisdiction from trying at the same time two parallel suits in respect of same cause of action? Where common cause of action arises, mere one plaintiff may file suit, which shall definitely give benefit to all of the parties concerned. As regards future proceedings however he should not he debarred from appearing and contesting the suit. Rejection of application for condonation of delay. Rukn-ul-Mulk Syed Abdul, Shah, the supreme court stated: In considering whether a judgment of a foreign court is conclusive, the court in India will not inquire whether conclusions recorded thereby are supported by the evidence, or are otherwise correct, because the binding character of the judgment may be displaced only by establishing that the case falls within one or more of the six clauses of Section 13, and not otherwise. Dismissal of suit under O. A part of it cannot be rejected.
A decree must be a formal expression of a decision. Wrongful attachment A suit for damages is maintainable for wrongful attachment of property. Whether the interest is allowed in the computation of mesne profits. Under special circumstances, however, the creditor can move for the arrest of the debtor or for the attachment of his property even before the judgment. The report of the Commissioner would furnish prima facie evidence of the facts and data collected by the Commissioner. If the answer is in the affirmative, the bar of Order 2 Rule 2 would apply.