The Pocket Code of Civil Procedure, Containing Also the Mufassal Small Cause Court Act, the Indian Registration Act and the Indian Limitation Act (wit the Latest Amendments)

1879 - 476 páginas

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Página 324 - ... that the plaintiff has good cause of action against the defendant to the amount of fifty pounds or upwards, and that there is...
Página 272 - The plaintiff claims : — 1. To have the real and personal estate of AB administered in this Court, and for that purpose to have all proper directions given and accounts taken. 2. To have a receiver appointed of the rents of his real estate. 3. Such further or other relief as the nature of the case may require.
Página 144 - ... the trial of any such action the plaintiff shall not be permitted to go into evidence of any cause of action which is not stated in...
Página 4 - 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.
Página 94 - In any action for breach of contract to deliver specific or ascertained goods the court may, if it thinks fit, on the application of the plaintiff, by its judgment or decree direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages.
Página 200 - Act, the court may, either of its own motion or on the application of any...
Página 163 - ... any samples to be taken, or any observation to be made or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence.
Página 170 - ... been guilty of fraudulent concealment of any matter which he ought to have disclosed, or of wilfully misleading or deceiving the arbitrator or umpire ; (c) the award having been made after the issue of an order by the Court superseding the arbitration and restoring the suit ; and no award shall be valid unless made within the period allowed by the Court.
Página 246 - ... 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 on his part].
Página 161 - ... tending to render the judgment ineffectual, a temporary injunction may be granted, to restrain such act. And where during the pendency of an action, it shall appear by affidavit, that the defendant threatens, or is about to remove, or dispose of his property, with intent to defraud his creditors, a temporary injunction may be granted to restrain such removal or disposition.

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