IMPORTANT DEFINITION TERMS OF CIVIL PROCEDURE CODE
IMPORTANT DEFINITION TERMS OF CIVIL PROCEDURE CODE
(1) Affidavit
An affidavit is a declaration of facts, reduced to writing and affirmed or sworn here an officer having authority to administer oaths. It should be drawn up in the first person and contain statements and not inferences.
(2) Appeal
The expression "Appeal may be defined as "the judicial examination or the decision by a higher court of the decision of an inferior court". It is a complaint made to a higher court that the decree passed by a lower court is wrong. it is a remedy provided by law for getting the decree of a lower court set aside. The right of appeal is a creature of a statute and unless it is granted clearly and expressly it cannot be claimed by a person. Again, it is a vested right and can be taken away only by a statutory provision, either expressly or by necessary implication.
(3) Cause of action
Cause of action may be described as "a bundle of essential facts, which it is necessary for the plaintiff to prove before he can succeed". A cause of action is the foundation of a suit. It must be antecedent to the in situation of a suit and on the basis of it the suit must have been filed. If a plaint does not disclose a cause of action, a court will reject such plaint.
(4) Caveat
According to its dictionary meaning, a "caveat" is an official request that a court should not take a particular action without issuing notice to the party lodging the caveat and without affording an opportunity of hearing him.
(5) Civil
The word 'civil" pertains to rights and remedies of a citizen as distinguished from criminal political etc. The expression "civil proceedings"covers all proceedings in which aperty asserts civil rights conferred by a civil law.
(6) Court
“Court" is a place where justice is administered. To be a court, the person constituting it must have been entrusted with judicial functions.
(7) Defendant
Defendant means a person who defends or a person sued in a court of law by a plaintiff. In every suit there must be two parties, namely, the plaintiff and the defendant. A defendant is a person against whom a relief is claimed by a plaintiff.
(8) Execution
"Execution" means "the process of enforcing or giving effect to the judgment, decree or order of a Court".
(9) Issue
According to the Concise Oxford Dictionary,"issue" means "a point in question, an important subject of debate or litigation". Issues are of three kinds: (i) Issues of fact; (ii) Issues of law; and (iii) Mixed issues of fact and law. Issues arise when a material proposition of fact or law is affirmed by one party and denied by the other.
(10) Jurisdiction
"jurisdiction" means authority to decide. “Jurisdiction" may be defined to be the power or authority of a court to hear and determine a cause, to adjudicate and exercise any judicial power in relation to it. Jurisdiction means the extent of the authority of a court to administer justice prescribed with reference to subject-matter, pecuniary value and territorial limits. Consent can neither confer nor take away jurisdiction of a court.
(11) Plaint
A “Plaint" is a statement of claim, a document, or a memorial by the presentation of which a suit is instituted. It contains the grounds on which the assistance of a court is sought by a plaintiff. It is a pleading of the plaintiff.
(12) Plaintiff
Plaintiff is a person who brings a suit or commences an action against a defendant. It is the plaintiff who approaches a court of law by filing a suit for reliefs claimed in the plaint.
(13) Suit
The word "suit" ordinarily means a civil proceeding instituted by the presentation of a plaint. In its comprehensive sense, the word "suit" is understood to apply to any proceeding in a court of justice by which an individual pursues that remedy which the law permits.
(14) Summons
A summons is a document issued from an office of a court of justice, calling upon the person to whom it is directed to attend before a judge or an officer of the court for a certain purpose. It is a written order that legally obligates someone to attend a court of law at a specified date. When a plaintiff files a suit, the defendant must be informed about it. The intimation which is sent to the defendant by the court is technically known as "summons". A summons can also be issued to witnesses. Service of summons can be effected in any of the modes recognized by the Code .
(15) Written statement
Written statement may be defined as a reply of a defendant to the plaint filed by a plaintiff. Thus, it is a pleading of a defendant dealing with every material fact of a plaint. It may also contain new facts in favor of a defendant or legal objections against the claim of a plaintiff. It is a pleading of a defendant.
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(1) Affidavit
An affidavit is a declaration of facts, reduced to writing and affirmed or sworn here an officer having authority to administer oaths. It should be drawn up in the first person and contain statements and not inferences.
(2) Appeal
The expression "Appeal may be defined as "the judicial examination or the decision by a higher court of the decision of an inferior court". It is a complaint made to a higher court that the decree passed by a lower court is wrong. it is a remedy provided by law for getting the decree of a lower court set aside. The right of appeal is a creature of a statute and unless it is granted clearly and expressly it cannot be claimed by a person. Again, it is a vested right and can be taken away only by a statutory provision, either expressly or by necessary implication.
(3) Cause of action
Cause of action may be described as "a bundle of essential facts, which it is necessary for the plaintiff to prove before he can succeed". A cause of action is the foundation of a suit. It must be antecedent to the in situation of a suit and on the basis of it the suit must have been filed. If a plaint does not disclose a cause of action, a court will reject such plaint.
(4) Caveat
According to its dictionary meaning, a "caveat" is an official request that a court should not take a particular action without issuing notice to the party lodging the caveat and without affording an opportunity of hearing him.
(5) Civil
The word 'civil" pertains to rights and remedies of a citizen as distinguished from criminal political etc. The expression "civil proceedings"covers all proceedings in which aperty asserts civil rights conferred by a civil law.
(6) Court
“Court" is a place where justice is administered. To be a court, the person constituting it must have been entrusted with judicial functions.
(7) Defendant
Defendant means a person who defends or a person sued in a court of law by a plaintiff. In every suit there must be two parties, namely, the plaintiff and the defendant. A defendant is a person against whom a relief is claimed by a plaintiff.
(8) Execution
"Execution" means "the process of enforcing or giving effect to the judgment, decree or order of a Court".
(9) Issue
According to the Concise Oxford Dictionary,"issue" means "a point in question, an important subject of debate or litigation". Issues are of three kinds: (i) Issues of fact; (ii) Issues of law; and (iii) Mixed issues of fact and law. Issues arise when a material proposition of fact or law is affirmed by one party and denied by the other.
(10) Jurisdiction
"jurisdiction" means authority to decide. “Jurisdiction" may be defined to be the power or authority of a court to hear and determine a cause, to adjudicate and exercise any judicial power in relation to it. Jurisdiction means the extent of the authority of a court to administer justice prescribed with reference to subject-matter, pecuniary value and territorial limits. Consent can neither confer nor take away jurisdiction of a court.
(11) Plaint
A “Plaint" is a statement of claim, a document, or a memorial by the presentation of which a suit is instituted. It contains the grounds on which the assistance of a court is sought by a plaintiff. It is a pleading of the plaintiff.
(12) Plaintiff
Plaintiff is a person who brings a suit or commences an action against a defendant. It is the plaintiff who approaches a court of law by filing a suit for reliefs claimed in the plaint.
(13) Suit
The word "suit" ordinarily means a civil proceeding instituted by the presentation of a plaint. In its comprehensive sense, the word "suit" is understood to apply to any proceeding in a court of justice by which an individual pursues that remedy which the law permits.
(14) Summons
A summons is a document issued from an office of a court of justice, calling upon the person to whom it is directed to attend before a judge or an officer of the court for a certain purpose. It is a written order that legally obligates someone to attend a court of law at a specified date. When a plaintiff files a suit, the defendant must be informed about it. The intimation which is sent to the defendant by the court is technically known as "summons". A summons can also be issued to witnesses. Service of summons can be effected in any of the modes recognized by the Code .
(15) Written statement
Written statement may be defined as a reply of a defendant to the plaint filed by a plaintiff. Thus, it is a pleading of a defendant dealing with every material fact of a plaint. It may also contain new facts in favor of a defendant or legal objections against the claim of a plaintiff. It is a pleading of a defendant.
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