What happened if the plaint is prolix lengthy or omits to give the necessary particulars or to specify the relief claimed precisely or is defective in any other respect?
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What happened if the plaint is prolix lengthy or omits to give the necessary particulars or to specify the relief claimed precisely or is defective in any other respect?
If the plaint is prolix or indefinite or omits to give the necessary particulars or to specify the relief claimed precisely or is defective in any other respect, it should be returned to the party or his counsel for such amendment as may be necessary in the actual presence of the presiding officer after he has signed …
Is a lost ball stroke and distance?
Yes, that means that a lost ball is a stroke and distance penalty. Now, to help keep the pace of play, if you think that your ball may be lost or out of bounds, you as a player are entitled under Rule 27-2-a to play a provisional ball.
What is capacity to sue?
One such right is that a Company can sue and can be sued in its name i.e. a Company can file a case against some other person or some other Company and also a case can be filed by some other person against the Company. All such litigations / suits / petitions have to be in the name of the Company.
What is doctrine of last clear chance?
The doctrine of last clear chance provides that where both parties are negligent but the negligent act of one is appreciably later in point of time than that of the other, or where it is impossible to determine whose fault or negligence brought about the occurrence of the incident, the one who had the last clear …
Can a civil court examine a party at the first hearing?
Examination of parties—Order X, Rule 2, of the Code, empowers the Court at the first or any subsequent hearing to examine any party appearing in person or present in Court or any person, accompanying him, who is able to answer all material questions relating to the suit.
What is difference between order and section in CPC?
The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India.
Can you stand out of bounds to hit a golf ball?
The answer is definitely yes. As long as the ball is in bounds, you may stand out-of-bounds to make a stroke and you will not incur any penalty or break any rules if you do this.
What is lack of capacity to sue?
Legal personhood is the capacity to possess a legal right. The capacity to sue is one such right, and an important one. If a party lacks the capacity to sue, it cannot sue, though a third party may sometimes sue on its behalf.
What is an example of last clear chance?
The plaintiff has to prove that the defendant had the last chance to avoid the accident. For example, say you run a stop sign. Another driver is approaching the intersection, sees your car, and has plenty of time to stop and avoid hitting you. But the driver is distracted by an emotional phone call and doesn’t stop.
What is doctrine of last clear chance Philippines?
Why is first hearing necessary?
The very first stage in the suit is the first hearing. It states about the issues and originates by complaining, filing plaint in order to understand the court their controversies. Order 10 is the part of the first hearing, the method of the court is set in motion by the representation of the court.
Is decree and Order same?
The formal proclamation of the adjudication by the court of law explaining the rights of the parties concerned judgment the suit, is called decree. The legal announcement of the judgement taken by the court, defining the relationship of the parties, in the proceedings, is called an order.