APPEALS FROM ORIGINAL AND APPELLATE DECREE UNDER THE CIVIL PROCEDURE CODE,1908

INTRODUCTION Where the parties to a suit are not satisfied with the judgment, decree or order passed by the lower court then they may approach the higher court by way of Appeal. The term Appeal is not defined under the Civil Procedure Code, 1908. According to the Black’s Law Dictionary the term Appeal is explained as “the complaint to a superior court for an injustice done or error committed by an inferior one, whose judgment or decision the Court above is called upon to correct or reverse. It means the…

CAVEAT

Introduction The principles of natural justice form the touchstone of justice and fairness in any adjudicatory proceeding. The serving of notice is thereby considered a cardinal cannon of affording fair hearing to the involved parties. However, when a party is of the belief that a proceeding has already been or may be initiated against her, the resultant right to be served a notice before taking certain steps by the court of law has been envisaged in the provisions of Section 148-A of the CPC, 1908. It’s paramount significance can be…

RESTITUTION

 Section 144 of Civil Procedure Code INTRODUCTION The term restitution has not been defined anywhere in the Code of Civil Procedure[1] But has been statutorily recognized under section 144 of CPC[2]. In the literal sense, restitution refers to the restoration of things which were lost or stolen to its rightful owner. Justice Subba Rao mentioned restitution as to restoring to a party the benefit which the other party has received under a decree which was eventually held to be wrong[3]. The Black law dictionary[4] has given the meaning of restitution…

Everything to know about Decree

Introduction: In a civil suit, the judgment is the concluding part that determines the rights and liabilities of both parties. Every judgment then is followed by a decree which is known as the ‘operative part’ of such judgment. In U.K., there is a difference between the judgment and decree which now has lost relevance, but in India, the distinction is still intact, and the Code of Civil Procedure, 1908[1] (hereinafter referred to as ‘CPC’) recognizes such a difference and governs both the judgment and decree under its ambit. So, now…

Call for Blogs by LEXAUXILIUM.COM

Theme: – Alternative Dispute Resolution (ADR) January 2021 Edition About the Blog The editorial board of LEXAUXILIUM.COM invites blog posts from legal practitioners, academicians, research fellows, undergraduate and postgraduate law students. The blog is aimed to build a holistic environment for the readers. General Submission Guidelines (A). Formatting Guidelines: Language: – All the submissions will be accepted only in the English language.Co-authorship up to two authors is permitted.Font Style: -Times New Roman,Font Size: – Heading: – 14Sub-Heading and Main Body: -12 Line spacing-1.5Footnotes: – No footnotes shall be inserted into…