Cpc G. Surya Narayanan Mhc Advt: 1. Court can pronounce judgement when parties are not in issue Ans.: Order XV Rule 1
[4/4, 09:20] Cpc G. Surya Narayanan Mhc Advt: 1. Court can pronounce judgement when parties are not in issue
Ans.: Order XV Rule 1
- Party to examine himself before any other witnesses
Ans.: Order XVIII Rule 3A - Memorandum of substance to be written and signed by judge
Ans.: Order XVIII Rule 8 – when evidence isn’t taken down in writing by a judge or dictated, he shall take a memorandum of the substance of what the witness deposes, which shall be signed by the judge and form part of record. - Court shall inform party not represented by pleader the court to which appeal lies and period of limitation
Ans.: Order XX Rule 5A - Decree in suit for partition shall direct separation by Collector or any gazetted subordinate
Ans.: Order XX Rule 18 – when the property relates to estate assessed for payment of government revenue.
[4/5, 07:53] Cpc G. Surya Narayanan Mhc Advt: Quote relevant provision for situation - Court power to order arrest prior to preparation of warrant
- Application for arrests should state grounds
- Court power to seek certified extract from collector office
- Court to hear objections for execution filed by assignee of a decree
- Court power to refuse execution at the same time on person and property
[4/5, 10:16] Cpc G. Surya Narayanan Mhc Advt: 1. Court power to order arrest prior to preparation of warrant
Ans.: Order XXI Rule 11(1) – upon oral application of decree holder, court may order arrest prior to preparation of warrant if judgment debtor is within the precincts of the court. - Application for arrests should state grounds
Ans.: Order XXI Rule 11A - Court power to seek certified extract from collector office
Ans.: Order XXI Rule 14 – when the land sought to be attached is registered with Collector’ office the court may seek applicant to produce a certified extract from register of Collector’s office. - Court to hear objections for execution filed by assignee of a decree
Ans.: Order XXI Rule 16 – in an application for execution by transferee of a decree, court shall await objections if any from transferor or judgment debtor before execution. - Court power to refuse execution at the same time on person and property
Ans.: Order XXI Rule 21 – discretionary power of court to refuse execution at the same time on person and property of the judgment debtor.
[4/6, 08:29] Cpc G. Surya Narayanan Mhc Advt: Quote provision for situation:
1 Execution can be ordered without notice
- Court need not set aside sale on the death of judgement debtor
- Court to consider objections before ordering execution
- Court can restore property pending result of stay petition before the court granting decree or before appellate court
- Court can take security form or impose condition on judgement debtor
[4/6, 10:14] Cpc G. Surya Narayanan Mhc Advt: 1. Order 21 rule 22 - Order 21 rule 22A
- Order 21 rule 23(2)
- Order 21 rule 26(2)
- Order 21 rule 26(3)