Review under CPC
Review means consideration, inspection or re-examination of a subject or thing. So, the review of judgment is to examine or study again the facts and judgment of the case.
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January 7, 2024
Code of Civil Procedure (CPC)
DISTINCTION BETWEEN REVISION AND REVIEW
Revision Review The power of revision is exercised by the court superior to the court which decides the case. But the power of review is
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January 7, 2024
DISTINCTION BETWEEN REVISION AND APPEAL
Revision Appeal A revision application lies only to the High Court. An appeal lies to a superior court, which may not necessarily be a High
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January 7, 2024
DISTINCTION BETWEEN REFERENCE AND REVISION
Revision Reference In revision, the aggrieved party moves the High Court for the exercise of its revisional jurisdiction, or the High Court may on its
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January 7, 2024
Distinction between Revision and Writ
Distinction Between Revision and Writ are as follows : The revisional power under Sec. 115 of the Code is clearly in the nature of a
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January 7, 2024
Concept of Revision under CPC
INTRODUCTION Section 115 of the Code of Civil Procedure, 1908 deals about Revision. The Higher Courts have revision jurisdiction and can call for the record
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January 7, 2024
Foreign Judgment in CPC
Res Judicata is a phrase which has been evolved from latin maxim , which stand for „the thing
has been judged’ meaning there by that the issue before the court has already been decided by
another court, between the same parties. Therefore , the court will dismiss the case before it as
being useless.
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January 7, 2024
Concept of Sub Judicata in CPC
Res Judicata is a phrase which has been evolved from latin maxim , which stand for „the thing
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January 7, 2024
Concept of Sub Judice under CPC
Meaning of Res Sub Judice: Res = pending, sub = subject and judice = under consideration for adjudication or under judiciary’s control. Thus, res sub
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January 5, 2024
AMENDMENT OF PLEADINGS RULES 17-18
the plaintiff filed a suit for damages against the tramway company for damages caused by the negligence of the company in allowing the tramway to be in defective condition. The company denied the allegation of negligence.
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December 25, 2023
Pleadings and its fundamental rules in CPC
Pleadings are statements made by suit in support of their rights, either by plaintiff or defendant. So, it is a formal statement regarding cause of action, matters in issue and relief claimed by the party. These three are the essential elements of a pleading.
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December 25, 2023
Execution and Modes of Execution in CPC
Execution is the medium by which a decree holder constrains the judgment-debtor to do the command of the decree or order as the case may be. It empowers the decree holder to recover the products of the judgment.
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December 25, 2023
NOTICE UNDER SECTION 79 & 80 OF THE CODE OF CIVIL PROCEDURE ,1908
Introduction : Suit under CPC can be of two kinds Section 79 to 82 and Order 27 of the Civil Procedure Code, 1908 lay down
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December 22, 2023
Plaint in CPC
Introduction A Plaint is a legal document that contains the content of any civil suit which shows the Plaintiff’s claim after filing suit. The plaint
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December 22, 2023
Ex Parte Decree in CPC
Introduction In situations where the defendant is noticeably absent on the scheduled hearing day as outlined in the summons, an ex-parte decree can be rendered.
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December 22, 2023
Order-IX : Appearance of parties and Consequence of non-Appearance
Introduction: Every proceeding as far as possible must be carried on in the presence of parties as a general principle of law. Order IX of
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December 22, 2023
Special Case Section 90 CPC
Special Case (Sec. 90, Order 36) ‘Special case’ is one where parties do not institute a suit by presentation of a plaint, but they, claiming
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December 1, 2023
Interpleader Suit in Code of Civil Procedure 1908
An interpleader suit is one in which the real dispute is between the defendants only and the defendants interplead (i.e., plead against each other), instead of pleading against the plaintiff as in an ordinary suit.
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December 1, 2023