Know Civil Law Terminologies In Easy Language | सरल भाषा में नागरिक कानून शब्दावली को जानें
Civil Procedure Code is a complete code itself, which consolidates and amends the laws relating to the procedure of the Courts of Civil Judicature. Various terms and their meaning in the preview of CPC are listed here.
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Civil Procedure Code is a complete code itself, which consolidates and amends the laws relating to the procedure of the Courts of Civil Judicature. Once proceedings are initiated thereunder, rights and remedies have to be looked into. All other manners and / or procedures are impliedly prohibited; (Kapildeo Prasad vs. Ramanand Prasad) AIR 2007 Pat 1. Various terms and their meaning in the preview of CPC are listed below
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CPC Terminologies |
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Some Special Terms and their Underlying Conditions |
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DECREE: When an Order Becomes a Decree? |
· There must be adjudication in a suit, and such adjudication must have determined the rights of the parties with regards to all or any of the matters in controversy in the suit, and such determination must be conclusive in nature..
· The rejection of application for the delay will not amount to a decree.
· Also dismissal of an appeal as time barred is also not a decree
· An order under ORDER XXII, rule 9(2) refusing to set aside abatement would not be a decree – abatement of an appeal doesn’t imply adjudication based on merit, hence provision had to be made in Order XXII that no fresh suit can be brought on the same cause of action. Therefore when the appeal was abated, there as no decree.
- There can be more than one preliminary / final decrees