Principle Archive

Again, the expression 'may' in Order XXVII r.1 is not directory but mandatory. The defendant can only raise the defence at the time prescribed in the…

It is well settled that an amendment speaks from the date of the original pleading. Upon an amendment of the statement of claim, the defendant is…

In the latter class of applications, the points of law desired to be raised by the defendant as a preliminary issue are required to be set…

Where the time limited for delivering an amended statement of defence in response to the amendments in the statement of claim had elapsed and no consequential…

For the purpose of such application, the defendant shall be taken as admitting the truth of the plaintiff's allegations, and no evidence respecting matters of fact,…

The whole basis of a demurrer is in effect to short circuit the action and by a preliminary point of law to show that the action…

For the invocation of Order XXVII Federal High Court (Civil Procedure) Rules therefore, one must apply not before a statement of claim, and not after statement…

Once a person has pleaded however, the time for demurrer is passed and he cannot then, in our view, under the rules of court seek to…

The determination of the question whether the court before whom an action comes for adjudication has jurisdiction is a radical and crucial matter relating to its…

Institution of multiplicity of suits against the same defendants in respect of the same subject matter, though prima facie on abuse of the judicial process is…

From the totality of the foregoing, particularly, from the admission of the Captain of the vessel himself and the exposition of Turkish Law, it becomes abundantly…

Section 10 of our act presupposes the existence of a pending action that is ordered to be stayed or dismissed. Section 26 of the U.K. Act…