Commentaries on the Code of Civil Procedure (Act No. X of 1877)

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Higginbotham, 1878 - 702 頁

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358
125
Suits on lost negotiable instruments
150
Procedure where defendant appears on day of Section Page
176
1
187
CHAPTER X
194
Translation of judgment
201
122
203
Court receiving copies of decree c to file
206
Proved documents to be marked and filed
215
150
219
Allegations from which issues may be framed
226
Attachment of decree for money
227
Suit how to be framed
228
Court may grant time or adjourn hearing 156
233
CHAPTER XIV
240
Page
244
Summons to produce document 164
246
Attachment of immoveable property
247
Rules as to witnesses to apply to parties sum
252
How evidence shall be taken in appealable cases 182
263
Exception
276
Only certain claims to be joined with suit
282
130
283
Execution of decree or order by Court to which
292
Proviso where property is sold subject to mort
295
Contents of application for execution of decree 235
299
Delivery of debts and of shares in public com
301
Time for payment in full
307
314316
316
264
322
Claims by or against executor administrator
323
265
329
Service of interrogatories on officer of corporation
343
Court may direct coin or currencynotes attached
347
Power to order property attached to be sold
353
Effect of objection being disallowed and of
360
Resisting or obstructing purchasers in obtaining
370
If decreeholder purchase amount of decree
374
Creditors to prove their debts
376
Investment of other Courts with powers of Dis
382
CHAPTER XVI
383
367
388
Residence out of British India
397
13
398
Power to order any point to be proved by affi
401
paying immoveable property 396
409
CHAPTER V
415
Arrests in such suits
420
When foreign judgment no bar to suit in Bri
423
Joinder of executors and administrators
424
Before decree next friend or guardian ad litem
429
Authority to be in writing signed and filed
432
155
440
PART II
442
Procedure in case of application by surety to
451
Removal of attachment when security furnished
488
Time for filing affidavit in answer
498
ments
510
532
511
Sections extending to Mufassal Small Cause
516
Where plaintiff sues as a representative
517
Appellate Court may require appellant to give
523
When evidence on record sufficieut Appellate
529
Application for review in Court consisting of
535
in person
541
Refund of balance of deposit
545
PART V
548
To whom applications for review may be made
551
Registry of application granted and order
552
Procedure on receiving application for execution
553
281282
555
Costs of commission rendered necessary by claim
557
Readmission of appeal dismissed for default
558
7
561
OF THE PLACE OF Suing
564
OF THE DEATH MARRIAGE AND INSOLVENCY OF PARTIES
565
Time within which application must be made
599
18
604
Power to order further security or payment
605
Saving of certain Bombay laws
616
Order for commission may be made either
634
CODE OF CIVIL
639
Application for order for discovery of docuinent
647
361
656
When Court to nominate arbitrator
672
of appeal
678
RECEIVED THE ASSENT OF His ExcELLENCY THE GOVERNOR
679
222
679
CHAPTER XVII
715
Judgmentdebtors subsistencemoney
717
Copy or statement annexed to summons
725
429
727
Procedure when defendant refuses to accept ser
731
Saving of certain Bombay laws
733
Service of process on recognized agent
681
Limit to remand
682
Compensation for obtaining arrest or attachment
683
OF JUDGMENT AND DECREE
685
Compromise of suits
686
Transfer of suits
687
Crossdecrees
688
Notice to produce for inspection documents
689
Release of judgmentdebtor
691
Judgment when pronounced
692
40
694
Power to summon and examine persons as
695
302307
696
141
697
or cannot be found
699
Endorsement of time and manner of service
700

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第 509 頁 - In case of any action founded upon a bill of exchange, or other negotiable instrument, it shall be lawful for the court or a judge to order that the loss of such instrument shall not be set up, provided an indemnity is given, to the satisfaction of the court or judge, or a master, against the claims of any other person upon such negotiable instrument.
第 511 頁 - That the plaintiff may have such further or other relief as the nature of the case may require.
第 26 頁 - I say, that where a given matter becomes the subject of litigation in, and of adjudication by, a Court of competent jurisdiction, the Court requires the parties to that litigation to bring forward their whole case, and will not (except under special circumstances) permit the same parties to open the same subject of litigation in respect of matter which might have been brought forward as part of the subject in contest, but which was not brought forward, only because they have, from negligence, inadvertence,...
第 200 頁 - ... last-mentioned hour, to admit that such of the said documents as are specified to be originals were respectively •written, signed, or executed as they purport respectively to have been ; that such as are specified as copies are true copies ; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively ; saving all just exceptions to the admissibility of all such documents as evidence in this cause.
第 1 頁 - Government, or to prevent the infraction of any law for the protection of the pecuniary interests of Government ; and every officer in the service or pay of Government or remunerated by fees or commission for the performance of any public duty ; Tenth.
第 661 頁 - ... that the plaintiff has good cause of action against the defendant to the amount of fifty pounds or upwards, and that there is...
第 14 頁 - No Court shall try any suit or issue ; " "' in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court of jurisdiction competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.
第 590 頁 - That all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff to have the said agreement performed by the defendant...
第 107 頁 - Order, the plaintiff may unite in the same action several causes of action, but if it appear to the Court or a Judge that any such causes of action cannot be conveniently tried or disposed of together, the Court or Judge may order separate trials of any of such causes of action to be had, or may make such other order as may be necessary or expedient for the separate disposal thereof.
第 591 頁 - That by an agreement dated the day of 187 , it was agreed by and between the plaintiff and the defendant that the plaintiff...

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