Who can be legal representative in CPC?

Who can be legal representative in CPC?

Legal representative is a person in law who represents the estate of the deceased and includes any person who intermeddles with the estate of deceased and where a party sues or sued in representative character, the person on whom the estate devolves on the death of the party so suing or sued. S. 2(11) of CPC.

What is representative suit in CPC?

A representative suit is a suit that is filed by one or more persons on behalf of themselves and others having same interest in the suit. The general rule is that all persons interested in a suit ought to be joined as parties to it.

What is the CPC in law?

The Code of Civil Procedure (CPC) is a code that regulates the procedure to be followed in courts in a civil case. It is a procedural law that prescribes the procedure and machinery to be followed by the courts for the enforcement of the rights and liabilities in a civil issue.

What is order CPC?

Order. Defined u/s 2 (14) of the Civil Procedure Code. It means the formal expression of any decision of the Civil Court which is not a decree. The starting point for an order need not always be a plaint, it may be an application or petition.

Who is legal representative with example?

In its broadest sense, one who stands in place of, and represents the interests of, another. A person who oversees the legal affairs of another. Examples include the executor or administrator of an estate and a court appointed guardian of a minor or incompetent person.

What do u mean by legal representative?

Legal Representative means an attorney at law who has been retained by or for an individual, or a person or agency authorized by the court to make decisions about services for the individual. Legal Representative means a person who has the legal authority to act for an individual.

What are the conditions required for representative suit?

the parties must be numerous; they must have the same interest in the suit; permission or direction to file the representative suit must be given by the court; notice must be issued to the parties who are proposed to be represented by the suit.

Where the plaintiff sues in a representative character?

c) Where the plaintiff sues in a representative character, the plaint shall show not only that has an actual existing interest in the subject matter, but that he has taken the steps (if any) necessary to enable him to institute a suit concerning it (Rule 4).

How many Schedules are there in CPC?

The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules….Code of Civil Procedure (India)

Civil Procedure Code, 1908
Enacted 21 March 1908
Commenced 1 January 1909
Civil Procedure Code, 1882

Who is the father of CPC?

Sir Arthur Hobhouse (later Lord Hobhouse), who was the then Law Member, made substantial contribution to the draft Bill. With certain modifications, the Bill was enacted as the Code of Civil Procedure, 1877. 4. Soon after the enactment of the Code of 1877, it was realised that the new Code required several amendments.

How many rules are there in CPC?

How do I learn CPC orders?

Order 1 to 21 of the Code of Civil Procedure, 1908

  1. Order 1: Parties to Suit.
  2. Order 2: Frame of Suit.
  3. Order 3: Recognized agents and pleaders.
  4. Order 4: Institution of suits.
  5. Order 5: Issue and service of summons.
  6. Order 6: Pleadings generally.
  7. Order 7: Plaint.
  8. Order 8: Written statement, set-off, and counter-claim.