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Introduction The Kerala High Court has once again clarified an important procedural principle governing writ proceedings. In Cholamandalam Investment and Finance
Introduction Many litigants assume that once a civil court pronounces a judgment and passes a decree, the case comes to an
Turning Defence into Offence in Civil Litigation Introduction In civil litigation, a defendant is not always confined to merely resisting the
Introduction Once a plaint is admitted and summons is served, the next crucial stage in a civil suit is the filing
Introduction Not every defect in a civil suit results in rejection. Sometimes, the court does not question the validity of the
Introduction Not every civil suit proceeds to trial. Some suits are terminated at the very threshold — not because the facts
Introduction Every civil suit begins and stands on the strength of one document—the plaint. It is not merely a formality or
Introduction After determining jurisdiction—subject-matter, territorial, and pecuniary—the next crucial step in civil litigation is the institution of the suit. A civil
Introduction Even when a civil court has subject-matter jurisdiction and territorial jurisdiction, a suit may still fail if it is filed
Introduction Once it is established that a civil court has jurisdiction to try a suit under Section 9 CPC, the next
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