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Summary of Civil Procedure Code Section 31
- Section 31 - Summons to Witnesses and Service of Process
- The section primarily deals with the procedure for issuing summons to witnesses and the service of process in civil cases.
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It stipulates that summons for witnesses cannot be ordered if the witness has already provided an affidavit in lieu of examination, emphasizing procedural efficiency and avoiding unnecessary summons IND_GUJ00000023608, CIVIL PROCEDURE CODE, 1908, Section 31.
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Application in Different Contexts
- The section is applied to prevent unnecessary or redundant witness summons, especially when the witness's testimony is already recorded or available in affidavit form IND_GUJ00000023608, Chukka Ramaiah VS Chekuru Bujjiah - Andhra Pradesh.
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It also restricts the joinder of plaintiffs or parties in respect of certain claims, ensuring that the proceedings adhere to the scope defined by the section IND_GUJ00000023608, Haramoni Dassi VS Hari Churn Chowdhry - Calcutta.
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Relation to Other Sections and Legal Principles
- Section 31 interacts with other procedural provisions, such as Order 41 Rule 31, which mandates reasoned judgments on appeals. Failure to comply with this can lead to judgments being set aside for non-adherence to procedural rules IND_GUJ00000023608, K. Jiji Bai @ Pushpammal VS Sureshkumra Kankariya - Current Civil Cases.
- The section also influences the framing of issues, the conduct of departmental proceedings, and the limitation of claims or interests, such as in boundary disputes or specific performance cases T.M.GEORGE Vs T.M.MATHEW - Kerala, Kochukunju VS Joseph - Kerala.
Analysis and Conclusion
Section 31 of the Civil Procedure Code aims to streamline the process by regulating witness summons and preventing unnecessary procedural steps, thereby promoting judicial efficiency. It also plays a role in restricting joinder and ensuring that proceedings are confined within the scope of the pleadings and legal provisions. Its proper application is crucial for maintaining procedural discipline and ensuring fair adjudication.
References: - Civil Procedure Code, 1908, Section 31 - Various case laws highlighting its application in witness summons, joinder restrictions, and procedural compliance (e.g., IND_GUJ00000023608, 00200035091, 04200003519, 00900082903).
Search Results for "Civil Procedure Code s 31"
2024 Supreme(Online)(GUJ) 535 • India - High Court of Gujarat
JCD
Civil Procedure - Civil Procedure Code - Section 100 - Second Appeal - Departmental Proceedings Fact of the Case: p ... The court held that the civil court cannot sit in appeal against the judgment of the disciplinary authority and cannot re-examine ... Issues: Whether the questions of law framed by the appellant are substantial questions of law under Section 100 of the Civil ... Versus Saraswati [2022 (0) AIR(SC) 4601], the Hon’ble Apex Court has summarized the principle in regards to section 1....
2020 Supreme(Online)(KER) 4530 • India - High Court of Kerala
Sathish Ninan, J
Specific Performance - Boundary Dispute - Civil Procedure Code, Sections 20, 31 - The court emphasized the necessity for strict
1950 0 Supreme(Ker) 74 • India - Kerala
SANKARAN, GANGADHARA MENON
Interest Calculation - Recovery Suit - Travancore Civil Procedure Code, S. 31 - Agriculturists' Relief Act of Travancore (Act ... Ratio Decidendi: The court held that interest calculation should be limited to a moiety as per S. 31 of the Travancore Civil ... of the Travancore Civil Procedure Code. ... The necessary consequence is that the interest due on such amounts also will have to be limited to a moiety up to the date of the suit as per S. 31 of the Travancore Civil Proc....
1958 0 Supreme(Ker) 239 • India - Kerala
KOSHI, VAIDIALINGAM
It also clarified the interpretation of the principal amount sued for and the applicability of the relevant civil procedure codes ... Execution - Decree - Interest - Travancore Civil Procedure Code Act VIII of 1100 - Indian Civil Procedure Code Act V of 1908 - ... Act VIII of 1100 and the Indian Civil Procedure Code Act V of 1908. ... Apart, however, from the question whether the corresponding provision of the Indian Civil Procedure Code, namely, S.34, applied to the case or S.#HL_STAR....
2010 0 Supreme(AP) 558 • India - Andhra Pradesh
L.NARASIMHA REDDY
CIVIL PROCEDURE CODE, 1908, Section 31:- Summons to a party’s witness cannot be ordered where his affidavit in lieu of chief examination ... The procedure that is prescribed for service of summons to defendants in a suit is made applicable to witnesses also, under Section 31 of CPC. ... ... Where a party, whether plaintiff or defendant, has secured the presence of a witness by himself, but is not able to ensure his presence subsequently, Section 31 of C.P.C., has no ....
2019 0 Supreme(Ker) 63 • India - Kerala
V.CHITAMBARESH, R.NARAYANA PISHARADI
The Arbitration and Conciliation Act, 1996- Section 34(2) - Section 31(7)(a) - Section 31(7) of the Act dealing with the contents ... agree only for the period between the date on which the cause of action arose and the date on which the award is made under Section 31 ... The said amount cannot be awarded in terms of Clause 16(2) of the General Conditions of Contract governing the parties which is in accord with Section 31(7)(a) of the Act. ... This is because the parties can agree only for the period between the date on....
2023 0 Supreme(Gau) 1195 • India - Gauhati
DEVASHIS BARUAH
Perverse Appreciation - Property Dispute - Order XLI Rule 31 of the CPC - 12, 14, 17, 18, 19 Fact of the Case: The ... Issues: Perverse appreciation of evidence, applicability of Order XLI Rule 31 of the CPC, entitlement to recovery of possession ... of the CPC. ... 'Whether the judgment of the reversal of the learned Appellate Court is in accord with Order XLI Rule 31 of the CPC' is a substantial question of law involved in the instant appeal inasmuch Clause (d) of....
1895 0 Supreme(Cal) 106 • India - Calcutta
MACPHERSON, BANERJEE
Misjoinder - Suit for Possession - CPC Section 26 - [26, 31] - The court interpreted Section 26 of the CPC, holding that the ... The court also considered the restriction implied in Section 31 of the CPC, which prohibits the joining of plaintiffs in respect ... The court also considered the restriction implied in Section 31 of the CPC, which prohibits the joining of plaintiffs in respect ... Its determination must depend upon the construction of Section 26 of the #HL....
• India - Current Civil Cases
G.RAJSURIA
(i) Civil Procedure Code, 1908—Order 41 Rule 31, Order 2 Rule 2—Unreasoned Order—Passed by first appellate court—Effect thereof—Held ... judgment—Such has to be set aside (Paras 7, 8, 9) ... (ii) Civil Procedure ... —If an appellate court renders the judgment without adhering to order 41 Rule 31, then it cannot be equated with that of reasoned ... of C.P .C. ... When the 1st Appellate Court is bound to render judgment in accordance with Section 96 read with Order 41, Rule 31 of the #....
2017 0 Supreme(Gau) 805 • India - Gauhati
PRASANTA KUMAR DEKA
prayed for restraining – Application under Order 39, Rule 1 and 2 of the CPC for granting temporary injunction. ... Civil Procedure Code, 1908 – Order 39, Rule 1 and 2 – Indian Succession Act, 1925 – Section 213 – Petitioner ... Along with the said suit, an application under Order 39, Rule 1 and 2 of the CPC was also filed thereby praying for grant of temporary ... However, the said petition for temporary injunction was rejected vide order dated 31.08.2016 passed by the Court of the learned Civil Judge,....
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