Commission
Commission
refers to an authority which is appointed to exercise a power or
direction issued by court,when for instance a witness is unable to
attend court on account of his illness or other similar reasons, the
court can order such a witness to be examined on commission.
Under
S 75 of CPC, commission can be issued by court for several purposes,
as for instance to examine witnesses, to make a local investigation,
to adjust accounts, to make a partition and so on.
Letter
of request/Rogatory letter
A letter of request or
rogatory letter is a letter issued by a court of one country to a
court in a foreign country requesting for some judicial assistance
from Judiciary of that country. Such assistance may be in the form of
request to serve a summons or to take evidence of specified person.
Summary
suit
A summary suit is a suit where
the defendant can not defend the suit as a matter of right,and
requires the leave of court to do so. The object underlying the
summary procedure is to prevent unreasonable obstruction by a
defendant who has no defence. It thus assists expeditious disposal of
certain types of suits.
Ex
parte
Exparte literally means 'on
the side of one party only'. An order or decree is said to be passed
exparte when it is passed after hearing one side,and not the other.
Read important judgments on exparte decree
Next
friend
The expression 'next friend'
is used to denote an adult who is responsible for conduct and costs
of legal proceedings instituted on behalf of a minor or a person of
unsound mind. Thus every suit filed by a minor is required to be
instituted in his name through his guardian or next friend. If this
is not done,the defendant can apply to the court to have plaint taken
off the file,with costs to be paid by pleader or other person by whom
such a plaint was presented.
Guardian
as litem
Where a suit is filed against
a minor, the court can appoint a proper person to be guardian of
minor in respect of that suit. Such a person is referred to be as a
guardian ad litem.
Execution
Execution is the enforcement
of decrees and orders by the process of the court.
Precept
A precept is an order or
direction given by the court which passes a decree to any other court
competent to execute the decree to execute such decree by attaching
any property of judgment debtor as specified in precept.
Read important judgments on precept
Garnishee
The term garnishee refers to
the debtor of a judgment debtor. A garnishee is thus a person who is
liable to pay some money to the judgment debtor. By a garnishee
order, a court can call upon the garnishee, not to pay such money to
judgment debtor but instead to pay the same to judgment creditor or
decree holder,who is sometimes referred to as the garnishor.
Read important judgments on Garnishee
Indigent
person
An indigent person is one who
does not have sufficient means to pay court fees in respect of plaint
being filed by him.
Interpleader
suit
An interpleader suit is one
where real dispute is between the defendants only, and therefore the
defendants 'interplead' that is plead against each other , instead of
pleading against plaintiff as in an ordinary suit.
Read important judgments on Interpleader suit
Injunction
An
injunction is an order of a court calling upon a party to do or to
restrain from doing a particular act. It is in the nature of
preventive relief granted to applicant. Its main purpose being to
preserve status quo in the matter.
Abatement
of suit
If
the plaintiff or defendant dies during the pendency of a suit and if
such a suit does not survive, the suit is said to abate. Thus
termination of a suit by operation of law caused by death of one of
the parties during pendency of suit is referred to as the abatement
of a suit. If however under
the law, despite death of plaintiff or defendant, the right to sue
survives, the suit does not abate.
Adjournment
An adjournment of a suit is
the postponement of the hearing of suit to a future date by court.
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