Code of Civil Procedure, 1908 : Basics

*Code of Civil Procedure, 1908 : Basics*

Order V Rule 1 for filing WS from 30 days. 30 days start from date of service of summons.

Proviso to Order V R. 1 is applied when WS is not filed in 30 days. 

Order VI Rule 2 (2) says evidence are not to be contained in pleading.

Order VI Rule 15 provides for affidavit in support of pleading.

Order VI Rule 16 gives power to Court to strike out any matter in any pleading which is an abuse of process of the Court.

Order VI Rule 17 gives power to Court to permit amendment of pleading at any stage. 

Order VII Rule 11 (a) deals with situation when plaint does not disclose cause of action. 

Order II Rule 2 (2) deals with relinquishment of claim. It says that where a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.

Order IX Rule 13 provides for procedure when ex parte decree is passed against a defendant. 

Order IX Rule 8 lays down the effect when defendant appears but plaintiff does not appears. It clearly says that  "where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall make an order that the suit be dismissed, unless the defendant admits the claim, or part thereof, in which case the Court shall pass a decree against the defendant upon such admission, and where part only of the claim has been admitted, shall dismiss the suit so far as it relates to the remainder."

Order XLI Rule 5 deals with date from which Appellate Court's Order of stay of execution of decree becomes effective. It does not becomes effective from date of Order of Appellate Court. It says that  "an order by the Appellate Court for the stay of execution of the decree shall be effective from the date of the communication of such order to the Court of first instance".

Order XLI Rule 5 (2) gives power to Court which passed the decree to stay the execution of decree.