Pecuniary jurisdiction
(S.6) nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction
Res judicata
(S.11) no Court shall try any suit/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 such 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
Power to order discovery and the like
(S.30) (a) all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence;
(b) issue summonses to persons whose attendance is required either give evidence or to produce documents or other material objects producible as evidence;
(c) order any fact to be proved by affidavit.
Penalty for default
(S.32) The Court may compel the attendance of any person to whom a summons has been issued and for that purpose may —
(a) issue a warrant for his arrest;
(b) attach and sell his property;
(c) impose a fine upon him;
(d) order him to finish security for his appearance and in default commit him to the civil prison.
Costs
(S.35) the costs of and incident to all suits shall be in the discretion of the Court and the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers.
Court by which decree may be executed
(S.38) A decree may be executed either by the Court which passed it, or by the Court to which it is sent for execution
Precepts
(S.46)
*provided that no attachment under a precept shall continue for more than 2 months unless the period of attachment is extended by an order of the Court which passed the decree or unless before the determination of such attachment the decree has been transferred to the Court by which the attachment has been made and the decree-holder has applied for an order for the sale of such property.
Property liable to attachment and sale in execution of decree
(S.60)
Power of Court to issue commissions
(S.75) the Court may issue a commission
(a) to examine any person;
(b) to make a local investigation;
(c) to examine or adjust accounts; or
(d) to make a partition;
(e) to hold a scientific, technical, or expert investigation;
(f) to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit;
(g) to perform any ministerial act.
cy pres
(as near as possible)
relating to modification by the Court of terms of a charitable trust or gift when the original intent is impossible to fulfil
Settlement of disputes outside the Court
S.89
(a) arb, (b) mediation, and (c) Lok Adalats (— Legal Services Authorities Act, 1987)
ex parte
Court order or final judgment issued in the absence of one of the parties
(S.96(2)) an appeal may lie from an original decree passed ex parte
Second Appeal
(S.100)
Power of HC to determine issue of fact
(S.103)
(a) which has not been determined by the lower Court or
(b) which has been wrongly determined by such Court or Courts by reason of a decision on such question of law as is referred to in s.100
Review
(S.114)
may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit
Revision
(S.115) Revision by HC of any case which has been decided by any Court subordinate to such HC and in which no appeal lies thereto
Constitution of Rule Committees in certain States
(S.123)
constitueer at which is the usual place of sitting of each of the HCs referred to in s.122
(S.124) Every Rule Committee shall make a report to the HC
Power of HC to require evidence to be recorded
(S.138)
HC, may by notification in the Official Gazette, direct with respect to any Judge specified in the notification that evidence in cases in which an appeal is allowed shall be taken down by him in English
Application for restitution
(S.144)
Enlargement of time
(S.148) discretionary power; not exceeding 30 days in total
