Cpc G. Surya Narayanan Mhc Advt: 1. Court can pronounce judgement when parties are not in issue Ans.: Order XV Rule 1

[4/4, 09:20] Cpc G. Surya Narayanan Mhc Advt: 1. Court can pronounce judgement when parties are not in issue
Ans.: Order XV Rule 1

  1. Party to examine himself before any other witnesses
    Ans.: Order XVIII Rule 3A
  2. Memorandum of substance to be written and signed by judge
    Ans.: Order XVIII Rule 8 – when evidence isn’t taken down in writing by a judge or dictated, he shall take a memorandum of the substance of what the witness deposes, which shall be signed by the judge and form part of record.
  3. Court shall inform party not represented by pleader the court to which appeal lies and period of limitation
    Ans.: Order XX Rule 5A
  4. Decree in suit for partition shall direct separation by Collector or any gazetted subordinate
    Ans.: Order XX Rule 18 – when the property relates to estate assessed for payment of government revenue.
    [4/5, 07:53] Cpc G. Surya Narayanan Mhc Advt: Quote relevant provision for situation
  5. Court power to order arrest prior to preparation of warrant
  6. Application for arrests should state grounds
  7. Court power to seek certified extract from collector office
  8. Court to hear objections for execution filed by assignee of a decree
  9. Court power to refuse execution at the same time on person and property
    [4/5, 10:16] Cpc G. Surya Narayanan Mhc Advt: 1. Court power to order arrest prior to preparation of warrant
    Ans.: Order XXI Rule 11(1) – upon oral application of decree holder, court may order arrest prior to preparation of warrant if judgment debtor is within the precincts of the court.
  10. Application for arrests should state grounds
    Ans.: Order XXI Rule 11A
  11. Court power to seek certified extract from collector office
    Ans.: Order XXI Rule 14 – when the land sought to be attached is registered with Collector’ office the court may seek applicant to produce a certified extract from register of Collector’s office.
  12. Court to hear objections for execution filed by assignee of a decree
    Ans.: Order XXI Rule 16 – in an application for execution by transferee of a decree, court shall await objections if any from transferor or judgment debtor before execution.
  13. Court power to refuse execution at the same time on person and property
    Ans.: Order XXI Rule 21 – discretionary power of court to refuse execution at the same time on person and property of the judgment debtor.
    [4/6, 08:29] Cpc G. Surya Narayanan Mhc Advt: Quote provision for situation:

1 Execution can be ordered without notice

  1. Court need not set aside sale on the death of judgement debtor
  2. Court to consider objections before ordering execution
  3. Court can restore property pending result of stay petition before the court granting decree or before appellate court
  4. Court can take security form or impose condition on judgement debtor
    [4/6, 10:14] Cpc G. Surya Narayanan Mhc Advt: 1. Order 21 rule 22
  5. Order 21 rule 22A
  6. Order 21 rule 23(2)
  7. Order 21 rule 26(2)
  8. Order 21 rule 26(3)

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