Introduction India’s overburdened judiciary has necessitated the growth of Alternate Dispute Resolution (ADR) mechanisms to ensure speedy, effective, and affordable justice. Section 89 and Order […]
Tag: civil procedure code
18. A transport company has its head office in Delhi and branch offices in Chennai. Jaipur. and Mumbai. A dispute cropped up between Sam and the company in respect of a transaction made through the Chennai office. Sam files a suit in respect of this dispute against the company in a Court at Jaipur. How will the Court decide?
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20. A was a trustee of a trust. After A’s death, B wrongfully takes possession of the trust property. C, the son of A files a suit for recovery of possession of the property against B as the legal heir of A in his individual capacity. But C did not succeed. Then C files another suit for recovery of trust property against B in the capacity of the trustee as he was appointed as trustee after the death of A. Whether the second suit is barred by the doctrine of constructive res judicata?
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16. A Plaintiff, who wants to file a suit in the lower court and whose cause of action is time barred, files a condone relay petition in the same court. Is that petition maintainable?
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11. ‘X’ is an indigent person. He wants to file a suit against ‘X’ for recovery of Rs. one lakh based on a promissory note. What is the procedure that he should follow?
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9. When a suit is dismissed for default, what are the remedies available to the aggrieved party. under the provisions of CPC 1908?
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2. ‘X’ filed a suit for declaration. However, he has omitted certain facts and committed certain typographical mistakes in the plaint. Now ‘X’ wants to rectify his pleadings. What remedy is available to ‘x’ under C.P.C. 1908.
Facts of the Case Issues in the Case Principles Associated With It Judgement