Part-I: Basics of

Moot Court

1
 1. INTRODUCTION
Moot court involves simulated proceedings before an appellate court, arbitral
tribunal, or international dispute resolution body. These are different from mock
trials that involve simulated jury trials or bench trials.
Moot court does not involve actual testimony by witnesses, cross-examination,
or the presentation of evidence, but is focused solely on the application of the
law to a common set of evidentiary assumptions, facts, and
clarifications/corrections to which the competitors are introduced.
Though not moots in the traditional sense, alternative dispute
resolution competitions focusing on mediation and negotiation have also
branded themselves as moot competitions in recent times, as had role-playing
competitions in the past such as the Jean-Pictet.

2. OBJECTIVE OF MOOT
Moot court aims to provide opportunities for students to develop skills like
public speaking, examining witnesses, and presenting legal arguments.
Some key objectives are to help students gain confidence, learn court
procedures and decorum, and experience different roles like counsel and judge.
Overall, participating in moot courts prepares law students for their professional
careers by simulating real court environments.

3. CONCEPT OF MOOT COURT

In the earlier times, there was no concept of moot court and mooting when the
law was taught in colleges etc. But due to the growing need and the
development and advancement in the field of law and various interpretations as
to the law was made the concept of moot court was started in the year 2012 by
the joint operations of Essex Court Chambers and the Singapore Academy of
law, so that the students who will become the backbone of the future law
should have the practical and logical knowledge and implementation of law.

2
It is one of the modern methods of giving practical knowledge to the students by
putting them in a hypothetical situation similar to that of a real court and then
the two teams each on one side argue upon fictional cases and those questions
of law with are debatable in reality and which have not been banded or are still
the lawmakers are silent on some facts.
Moot Court, now is one of the biggest and efficient sources from where people
get the education and imbibe all the qualities and skill that a lawyer require.

4. DEFINITION OF MOOT COURT

1. Wikipedia defines moot court as: Moot court is a co-curricular activity at
many law schools. Participants take part in simulated court
or arbitration proceedings, usually involving drafting memorials or
memoranda and participating in oral argument. The phrase "moot court"
may be shortened to simply "moot" or "mooting". Participants are either
referred to as "mooters" or, less conventionally, "mooties".
2. Cambridge Dictionary defines moot court as: A trial or discussion dealing
with an imaginary legal case, performed by students in exactly the same
way as a real case, as part of their legal training: a moot court.
3. Black's Law Dictionary defines moot court as: Moots are exercises in
pleading, and in arguing doubtful cases and questions, by the students of
an inn of court before the benchers of the inn.

5. MEANING OF MOOT COURT

A moot court provides law students with a simulated courtroom experience to
practice their advocacy skills and legal reasoning. Participants engage in arguing
hypothetical cases, mirroring appellate court proceedings, under the scrutiny of
a panel of judges comprising law professors, practicing attorneys, or judges.
Students are tasked with analysing legal issues, crafting persuasive arguments,
and presenting them orally in a controlled environment.
This experiential learning opportunity allows students to refine their ability to
navigate legal principles, statutes, and precedents effectively. By grappling with
3
complex legal scenarios, they develop critical thinking and analytical skills
essential for a successful legal career. Additionally, moot courts foster
collaboration and teamwork as students often work in pairs or teams to prepare
their cases.
Ultimately, moot courts serve as a cornerstone of legal education, providing
students with practical experience and enhancing their understanding of the law
while preparing them for the rigors of real-world legal practice.

6. COMPONETS OF A MOOT
 A Judge or a bench of Judges
 A moot proposition (legal problem)
 Representatives of the parties involved (counsels or team composition
of representatives, generally consisting of 3 persons, two speakers and a
researcher)
 Court clerks.

4
 7. TYPES OF MOOT COURT
Moot court typically fall into several categories based on the type of legal
problem or case they address:
1) Appellate Moot Court: In appellate moot court competitions, participants
argue a hypothetical appeal before a higher court. They typically receive a set
of facts and a lower court decision, and they must argue for either affirming
or reversing the lower court's decision.
2) Trial Advocacy Moot Court: Trial advocacy moot court competitions simulate
trial proceedings. Participants take on the roles of attorneys and witnesses,
presenting evidence and arguments to a mock jury or judge. These
competitions often involve both civil and criminal cases.
a) Civil Law Moot Court: These moot court competitions focus on civil cases,
which involve disputes between individuals, organizations, or entities.
Participants argue issues such as contract disputes, torts, property rights,
or family law matters.
b) Criminal Law Moot Court: Criminal law moot court competitions simulate
criminal proceedings, where participants argue cases involving offenses
against the state or society. This can include issues such as murder, theft,
assault, or constitutional rights violations.
3) International Law Moot Court: International law moot court competitions
focus on issues of international law, such as human rights, international trade,
or disputes between nations. Participants analyse treaties, conventions, and
international case law to argue their positions.
a) Human Rights Moot Court: Human rights moot court competitions focus
on cases involving violations or protections of human rights under
international or domestic law. Participants argue cases related to civil
liberties, discrimination, refugee rights, or humanitarian law.
4) Transactional Law Moot Court: Transactional law moot court competitions
focus on drafting and negotiating agreements, contracts, or other legal
documents. Participants may simulate negotiations between parties or draft
legal documents based on a given set of facts.
a) Corporate Law Moot Court: Corporate law moot court competitions
involve cases related to business entities, transactions, or corporate

5
 governance. Participants argue issues such as mergers and acquisitions,
shareholder disputes, corporate liability, or securities regulation.
5) Specialized Moot Courts: Some moot court competitions focus on specific
areas of law, such as constitutional law, intellectual property law, or
environmental law. These competitions allow participants to delve deeply
into niche legal issues and develop expertise in specialized areas.
a) Constitutional Law Moot Court: These competitions centre around
constitutional issues and challenges, where participants argue cases
involving constitutional rights, interpretations, or conflicts. Cases may
involve freedom of speech, privacy rights, equal protection, or separation
of powers.
b) Intellectual Property Law Moot Court: Intellectual property law moot
court competitions focus on cases involving patents, copyrights,
trademarks, or trade secrets. Participants argue issues related to
infringement, licensing, or ownership of intellectual property rights.
c) Environmental Law Moot Court: Environmental law moot court
competitions involve cases centred around environmental issues, such as
pollution, natural resource management, conservation, or climate change.
Participants analyse environmental laws, regulations, and treaties to argue
their positions.
6) Moot Court Based on Cases:
a) Landmark cases: A landmark judgment-based moot court involves
simulating arguments from influential legal decisions. Participants analyse
precedent, legal principles, and policy, refining advocacy skills in a
simulated courtroom, deepening understanding of key precedents.
b) Decided Cases: A decided case law moot court entails arguing based on
past rulings. Participants analyse legal principles and precedent, enhancing
understanding of legal application and advocacy skills through role-play
and argumentation from established decisions.
c) Imaginary Cases: An imaginary cases-based moot court simulates
arguments from fictional legal scenarios. Participants craft and analyse
legal issues, fostering creativity, legal analysis, and advocacy skills within a
hypothetical framework.
d) Based on Current Issues: A current issue-based moot court simulates
arguments on contemporary legal topics. Participants analyse recent
6
 events and laws, fostering critical thinking and applying legal principles to
address pressing societal issues in real-time scenarios.
Each type of moot court offers unique challenges and opportunities for
participants to hone their legal skills and knowledge.

7
 8. WHAT IS A MOOT PROBLEM?
A moot problem, also known as a moot court problem or case hypothetical, is a
detailed legal scenario presented to participants in a moot court competition.
It typically outlines a set of facts and legal issues based on real or fictional
events, challenging participants to analyse the case, research relevant laws, and
develop persuasive arguments to advocate for their assigned side.
Moot problems serve as the foundation for participants to engage in legal
analysis, research, and advocacy skills during the competition.

9. FEATURES OF A MOOT PROBLEM:

The features of a moot problem typically include:
1. Factual Background: This section outlines the facts of the case, including
the parties involved, their actions, and any relevant circumstances leading
to the legal dispute.
2. Legal Issues: The moot problem identifies the key legal questions or issues
that the participants are required to address. These may involve
interpreting statutes, applying case law, or analysing constitutional
principles.
3. Arguments and Positions: The problem presents the arguments and
positions taken by each side in the case. Participants are typically assigned
roles representing either the plaintiff/prosecution or the
defendant/respondent and are expected to develop arguments supporting
their respective positions.
4. Legal Authorities: The problem may provide references to relevant
statutes, regulations, case law, and legal doctrines that participants can use
to support their arguments.
5. Additional Instructions: Moot problems often include specific instructions
or guidelines for participants, such as word limits for written submissions,
rules for oral arguments, or requirements for citing legal authorities.
These features provide participants with a comprehensive framework to engage
in legal analysis, research, and advocacy within a moot court competition.

8
 10. Moot court memorial
Moot Court memorials can be defined as legal documents which are prepared
by teams competing in the moot court competition. It is a written submission
that the teams prepare to contain details such as the cases and books referred
to, statements of jurisdictions, arguments of the parts, facts of the case, and the
prayer.
The cases assigned in moot court are usually matters which are either imaginary
cases or those cases which are already adjudicated.

1. Contents of the Moot Court Memorial

A moot court memorial will contain the following. The arrangement is to
be as follows-
I. Cover page
The rules may vary as per the organizing committee as per the format and
the information to be mentioned. In general, the following things should
be mentioned:
a) The introductory page of the memorial contains the name of the
court in front of whom the matter is presented.
b) The title of the competition (national/regional)
c) The name of the case.
d) On behalf of whom the memorial presented is also to be mentioned
such as whether it’s the petitioner or the respondent.
e) The cover page is presented in two different colours which allow for
identifying who is the plaintiff/petitioner from the
defendant/respondent. The blue colour is used by the
plaintiff/petitioner and red for the defendant/respondent.
II. List of abbreviations:
This contains all the abbreviations along with their full form which is used
throughout the memorial, and it also includes the footnotes.
III. Table of content:
It represents a systematic order in which the content of the memorial is
mentioned. It reflects the titles and headings on each page along with
their respective page numbers.

9
 IV. Index of Authorities:
This is the list of authorities that you have referred for the case assigned. It
includes a list of cases cited, reports of the law commissions, books
referred to, parliamentary debates, commentaries, and other materials
used to support the contentions made in the memorial.
V. Statement of jurisdiction:
It explains the nature of the matter whether it is a civil suit or petition and
the court before which the matter is pleaded. E.g., “In the Supreme Court
of India” right under this heading you need to mention the kind of matter
it is- Writ Petition “WP (1) of the 2022”.
VI. Statement/Synopsis of the facts:
This is part of the memorial which explains the standing of the party being
represented. It is important that in the synopsis only relevant facts in a
concise manner should be presented. It should not exceed more than two
pages and should mention only the given facts that support their case.
VII. Statement of issues:
In this section, a short introductory statement explains the legal
contentions involved in the case. The arguments are based on the
statement of issues framed and should be phrased in a manner starting
with “whether” further explaining the issue in question.
VIII. Summary of the arguments:
As the heading suggests, it should be a brief of the arguments made in the
matter. It should only mention the issues being raised. The explanation for
these arguments is presented in the next heading.
IX. Arguments/Pleadings:
This is the ground where the participants are allowed to express their
creativity and understanding of the laws and precedents. This is where all
the research work is done, and the knowledge gained through the same is
expressed. It is where you get a chance to convince the judges by
explaining your contentions on the issues raised. Just like in a real-life
courtroom.
X. Conclusion/Prayer:
This is the final section of the memorial, in this, the parties are to submit
what remedy or relief they are seeking from the court. One can claim more
than one relief in this manner.
10
 At the end of the prayer, the counselors should sign the memorial.
This is the relief mentioning sentence, and in it the basic motive of filing
the suit is mentioned through reliefs claimed.

2. Drafting a moot court memorial:

A court memorial is the first piece of document that the jury interacts with, so it
is pertinent for the teams to draft the same in a persuasive manner while
keeping the format and these underlying guidelines in place.
I. First step:
The first step is to read the proposition assigned to get a good grasp of the
issues and laws applicable. This will not only allow understanding of the
problem better but will also aid in framing the issues.
II. Second step:
Conducting research is the second step. It is based on the issues which are
framed after reading the assigned proposition. To conduct the research,
one can start with the materials in the college library and then can look
them up on the internet using paid or free websites.
It is prudent to have a research plan formulated i.e. have a starting point
based on the reading done and proceed with the same.
As it is easier to get lost in the sea of information without having an idea
as to what exactly is one looking for.
III. Third step:
Make a rough draft, now this will allow you to eliminate the unnecessary
elements which may have been accumulated during the research process.
IV. Fourth step:
The actual draft should contain a summary of the facts and a statement of
jurisdiction. This step is when one drafts the actual memorial keeping in
mind all the steps mentioned above and to make to include only relevant
facts and arguments which are related to the case.
It’s important to note that while drafting the memorial the terminologies
should be used in a proper manner to address the panel. E.g.- “Most
respectfully showed” and “It is humbly submitted that”.
3. Elements of arguments in moots:
Following are the elements of oral arguments in moots:
I. Introduction:
At the beginning of the argument, introduce:
11
 i. Yourself
ii. Who you are representing
iii. In what capacity
For example: “May it please the Court, counsel, my name is _________, and I
represent the appellant ______.”

II. State the issue:

This part of the argument sets the tone and establishes your theme.
Clearly and concisely explain the issues and state the reasons why you
should win. Also be sure to include what, specifically, you are asking the
court to do (overturn, affirm, reverse and remand, etc.).
For example, “This case raises the issue of whether (frame the issue).
Because the appellant in this case (describe relevant/significant facts
needed to set up the issue and why you should win), the decision of the
district court should be reversed.”
III. Provide a roadmap:
This is particularly important to try to keep yourself on track, and if the
judges do derail your argument with questions, the roadmap at least lets
them know what you intended on covering.
To do this, create an overview that will lay the foundation of your case.
Use ordinals as verbal signals and mention each point that you plan on
covering, but don’t go into too much depth.
For example, “Today I would like to cover three main points. First, ______.
Second, _______. And third, ________.”
IV. The facts:
To include the facts or not to include them, that is the question. In
practice, some courts’ rules explicitly state that attorneys should assume
the court is familiar with the facts. For moot court competitions, this may
or may not be noted in the rules, so there are a few ways you can
approach this:

a. Ask if the judges if they’d like a brief recitation. (If you offer this, you’d
better be prepared for it!)
b. Be quick with relevant and crucial facts — only enough information so that
judges completely unfamiliar with the case can understand the issues.
c. If applicable, simply weave facts into the reasons you should win.
d. Some judges may simply ask for a fuller decision of the facts, so be
prepared with the most relevant story for your side.
12
 11. IMPORTANCE OF MOOTING:
Mooting helps in the overall development of an individual as a good and
proficient lawyer and participating in Moot Court Competition regularly makes a
student familiar with the proceedings that take place generally in real
courtrooms. Thus, the advantages of mooting are as follows:
1. Practical Experience: Moot courts simulate real courtroom experiences,
providing law students with practical skills such as legal research, writing,
oral advocacy, and courtroom etiquette. This hands-on experience is
invaluable for future lawyers.
2. Critical Thinking and Analysis: Participants must analyse complex legal
issues, apply relevant laws, and construct persuasive arguments. This
process sharpens critical thinking skills and enhances the ability to analyse
legal problems from various perspectives.
3. Confidence Building: Presenting arguments in front of judges and peers
can be intimidating, but it also helps build confidence. Overcoming nerves
and effectively advocating for a position in moot court competitions can
instil self-assurance that is beneficial in both academic and professional
settings.
4. Oral Advocacy Skills: Moot court competitions require participants to
present arguments orally before a panel of judges. This helps students
develop strong communication skills, including public speaking,
articulation, and the ability to think on their feet.
5. Networking Opportunities: Moot court competitions provide
opportunities for students to network with legal professionals, judges, and
other students from different law schools. Building these connections can
lead to mentorship opportunities, internships, and future career prospects.
6. Teamwork and Collaboration: Many moot court competitions involve
teamwork, requiring students to collaborate with their peers in preparing
legal briefs and arguments. This fosters teamwork, leadership, and
cooperation, which are essential skills in the legal profession.
7. Feedback and Improvement: Participants receive feedback from judges,
coaches, and peers, allowing them to identify areas for improvement and
refine their advocacy skills. This feedback-oriented learning process is
instrumental in honing legal skills and professional development.
13
Overall, moot court is an invaluable component of legal education that helps
students develop the skills, confidence, and professional network necessary for
success in the legal profession.

14
 12. DIFFERENCE BETWEEN MOOT COURT AND REAL
COURT
Moot court and real court differ in several key aspects:
1. Nature of Proceedings:
A moot court simulates legal proceedings conducted in an educational
setting, often involving law students arguing hypothetical cases.
While in a real court actual legal proceedings are conducted in a court of
law, presided over by judges or juries, involving real cases with legal
consequences.
2. Cases Heard:
A moot court is typically based on hypothetical or fictional cases, designed
to test participants' legal analysis and advocacy skills.
But a real court involves real-life cases, such as criminal trials, civil
disputes, appeals, and other legal matters, affecting individuals or entities.
3. Adversarial System:
A moot court operates on an adversarial system, where participants
represent opposing sides of a legal argument, advocating for their
positions before a mock court.
But a real Court adheres to an adversarial system, where opposing parties
present their cases before a neutral judge or jury, aiming to persuade the
court to rule in their favour.
4. Legal Consequences:
In a moot court’s decisions do not have legal consequences and do not
affect individuals' rights or obligations outside of the competition.
But in a real court’s decisions have legal consequences and can
significantly impact the rights, obligations, and lives of individuals involved
in the case.
5. Judicial Authority:

15
A moot court is typically presided over by legal professionals, law
professors, or experienced moot court judges who evaluate participants'
performance and provide feedback.
While a real court is presided over by judges who are authorized by law to
interpret and apply the law, make rulings, and render judgments in
accordance with legal procedures and principles.

16
 13. SIMILARITIES BETWEEN MOOT COURT AND REAL
COURT
Moot court and real court share several similarities:
1. Adversarial System: Both operate on an adversarial system, with opposing
sides presenting arguments and evidence before a neutral decision-maker.
2. Legal Argumentation: Participants in moot court, like lawyers in real court,
engage in legal argumentation, citing statutes, case law, and legal
principles to support their positions.
3. Preparation: Both require thorough preparation, including legal research,
case analysis, and development of persuasive arguments.
4. Oral Advocacy: Participants in moot court and lawyers in real court
practice oral advocacy skills, such as making opening statements,
examining witnesses, and delivering closing arguments.
5. Judicial Evaluation: In both settings, participants' performance is evaluated
by judges or experienced legal professionals based on their legal
knowledge, argumentation, and presentation skills.
6. Professionalism: Both moot court and real court emphasize
professionalism, including courtroom decorum, respect for procedural
rules, and ethical conduct.
While moot court is an educational simulation and real court involves genuine
legal proceedings, these similarities help participants in moot court develop
valuable skills applicable to real-world legal practice.

17
Part-II: Procedure followed in civil suit

18
 1. CIVIL SUIT: INTRODUCTION
1.Civil Suit:
The term suit is not defined under the CPC but on the basis of the Hansraj
Gupta v. Official Liquidator of Dehradun-Mussorie Electric Tramway Co.Ltd.,
AIR 1933 PC 63, it can be said that ‘suit ordinarily means a civil proceeding
instituted by the presentation of a plaint. Civil suit is the institution of the
litigation for enforcement of civil rights (or substantive rights, it may be against
state or individual). A suit results in a decree. Without a suit, there can be no
decree.
According to section 9 code of civil procedure 1908: Courts to try all civil suits
unless barred.
The Courts shall (subject to the provisions herein contained) have jurisdiction to
try all suits of a civil nature excepting suits of which their cognizance is either
expressly or impliedly barred.
2. There are four essentials of a suit:
1. Name of Parties:
There must be at least two parties the plaintiff (who claims) and the defendant
(against whom plaintiff claim). There is no limitation with regards to the number
on either side.
2. Cause of Actions:
Without a cause of action there is no existence of the suit. Cause of action is a set
of fact or circumstance that a plaintiff is required to prove. Means that set of facts
and circumstances constituting the right and its infringement.
The cause of action means every fact which is necessary for the plaintiff to be
proved with a view to obtain a decree in his favour.
Where a plaint is not disclosing a cause of action, it is the duty of the court to
reject the plaint under Or. 7 R.11.
3. Subject matter:
The third essential for a suit is subject matter, means in what respect or aspect a
civil dispute is related.
4. Relief claimed by the plaintiff:
The fourth essential is relief claimed by the plaintiff in his suit. No will grant relief
unless it is specifically claimed by the party.
Relief is of two types:
a. Specific relief and
b. Alternative relief.

19
3. Types of Civil Suits as per CPC:
The different kinds of civil suits mentioned in the Code of Civil Procedure,
1908 have been explained below. The categorization depends upon the
nature of disputes/ matters brought in the civil courts.
1. Regular Civil Suit:
Suits in general under part 1 of CPC 1908 fall under the category of regular
suits. It usually includes disputes related to title, recovery of money,
declaration, suit for redemption, rendition of accounts, etc. Also, the
pecuniary limit for such matters is less than or equal to Rs 5 lakh.
Additionally, in an ordinary or regular suit, the defendant is entitled to
defend his/ her case before the court.
2. Special Civil Suit:
Some types of civil suits in India have special characteristics to distinguish
them from ordinary matters. Such examples of civil cases have been
provided under part 4 of the Civil Procedure Code. Suits by or against the
government or government officers in their official capacity, or suits for
enforcement of a public right, exemption, etc. are some of the examples
of special civil suits under CPC.
3. Summary Suits:
Suits filed under the Order XXXVII of the Civil Procedure Code, 1908 are
termed summary suits. Matters related to promissory notes, hundis, bills
of exchange, etc. constitute summary suits that fall under this category. In
summary suits, the defendant has to apply for the court’s leave to defend
the case since the same does not come as a right. The time limit to prove
the defendant's facts is also very limited (10 days).
4. Suits Exclusively Triable by Court of Small Causes:
Petty matters civil in nature, whose value does not exceed Rs 500 or Rs
1000 (as decided by the concerned State governments) are decided by a
court of small causes. Such courts were established in India under the
Presidency Small Cause Courts Act,1882 and Provincial Small Cause Courts
Act, 1887. As per section 24 of the Act, an appeal against matters decided
by the courts of small causes lies with the District Courts.
5. Most Common Types of Civil Cases in India:
The Code of Civil Procedure mostly lays out the process to be followed in
the civil courts. However, several statutes provide for the laws which
eventually lead to a civil dispute. For example, the Indian Contract Act,

20
 1872 provides for what a contract is and how it is considered valid. This
and other such examples of civil cases have been explained below.
I. Contract Disputes:
A contract mentions the various terms and conditions to which the
parties agree. A dispute occurs when one or both parties diverge from
the conditions agreed between the parties. A contract dispute includes
controversy among landlord-tenant, consumers, businesses, etc.
whereby certain terms are agreed upon by the parties involved. In such
cases, the contract document is the base for discussion, unless some
term is contrary to the applicable law under the Indian Contract Act,
1872 or otherwise.
II. Torts:
An act or omission causing injury or harm to another whereby usually,
the duty of care is compromised is called tort. A suit for compensation
against damages incurred results in a civil action of torts. Examples of
tort cases include negligence, strict and absolute liability, nuisance, etc.
III. Class Action
When a number of people have suffered the same loss due to the act of
another, which is one among the examples of civil cases, it is termed
class action. Any one of those persons can initiate the civil action with
or on behalf of the others in a court of appropriate jurisdiction.
Examples may include wage claims, dangerous gas emissions in an area,
etc.
IV. Suit for Recovery
To recover money from someone who owes the same and is not willing
to pay back, a suit for recovery initiates action through courts. Order 4
of the Civil Procedure Code provides for the same.
V. Suit Against Government
The state as well as central government and the corresponding
departments are considered juristic persons for suing and being sued.
Hence, types of civil cases under the special category can be done
against the government as well as per section 80 of the CPC Code.
VI. Property Disputes
When it comes to civil disputes, property is said to be the major subject
matter. Whether it is for land partition or possession, there are a variety
of matters that have the potential of making people each other’s
enemies. All such kinds of civil cases are witnessed in the courts.
VII. Suit for Declaration of Rights/ Title Suit
21
 There are times when the rightful owner of a property is unknown, or
there is a dispute regarding who should be the rightful owner among a
bunch of people. In such cases, people have to knock on the doors of a
civil court to legally analyse who the real owner is.
VIII. Suit for Eviction
It is usually the matter when a tenant occupying the landlord’s property
refuses to leave the premises. Rather than using force, a suit for
eviction is lodged in the court to evict the tenant after determining the
tenancy.
IX. Specific Relief
When the parties to a contract seek some specific act to be performed
by the other party in furtherance of the terms agreed upon or implied,
the action is pursued in civil court. The matter is initiated under the
Specific Relief Act, 1963.

22
 2. STAGES OF A CIVIL SUIT:
For a Civil Suit, there are two criterions- the cause of action and the claim for
damages/compensation. The Civil Suit must also fulfil all the conditions laid
down in Section 9 of the Code of Civil Procedure, 1908.

In India, a civil case is initiated when an individual (also known as the plaintiff)
claims to have suffered due to the action of another individual (also known as
the defendant) thereafter filing a complaint. Majority of the suits follow the
principles laid down in the Code of Civil Procedure, 1908.

1. Plaint (Order 7):

The entire legal machinery under the Civil Law is set in motion by filing of
plaint and hence plaint is the actual starting point of all pleadings in a case.
The plaint shall contain the following particulars:
I. Name of the court in which suit is to be filed.
II. Name, description and place of residence of the plaintiff.
III. Name, description and place of residence of the defendant so far it
can be ascertained.
IV. Where the plaintiff or defendant is a minor or person of unsound
mind statement to that effect.
V. Facts constituting the cause of action and when it arose.
VI. Fact showing that the court has jurisdiction.
VII. Relief which the plaintiff claims.
VIII. Where plaintiff has allowed a set off or relinquishes a portion of his
claim, the amount so allowed for relinquishment.
IX. Statement of the value of the subject matter of the suit for purpose
of jurisdiction and court fees.

If after submitting the plaint the court finds that it should be submitted
before some other court the plaint could be returned, and intimation
thereof can be given to the plaintiff.

The court has power to reject the plaint on following grounds (ORDER 7
RULE 11 CPC):
i. Where it does not disclose the cause of action.
ii. Where the relief claimed is undervalued and plaintiff fails to correct
the valuation within the time fixed.
23
 iii. If the relief is properly valued but insufficient court fee stamp is paid
and the plaintiff fails to make good such amount.
iv. Where the suit appears to be time barred, from the statements in
the plaint.
v. Where it is not filled in duplicate.
In ROOPLAL SATHI V/s. SINGH 1982 3SCC 487 it was held that the
whole plaint should be rejected and not a portion of it.
However, the rejection of plaint on aforesaid grounds does not bar
the plaintiff from presenting a fresh plaint. (ORDER 7 RULE 13 OF
CPC).
2. Service of Summons (Order 5):
A summons, an essential instrument in civil proceedings, grants the court
jurisdiction over parties involved. It instructs a proper officer to notify the
named individual of the commencement of legal action against them,
requiring their appearance on a specified day to respond to the claim.
Defendants may appear personally, through a pleader, or with someone
capable of answering questions.
Courts may expedite proceedings by directing the filing of a written
statement on the appearance date, failure to do so could lead to an ex-
parte judgment under Order 8, Rule 10.
Substituted service methods, like affixing copies to residences, are
employed if normal service fails. Additionally, if the defendant is evading
service, the court may order service by affixing a copy to a conspicuous
part of the house as per Order 5, Rule 20 of the Civil Procedure Code.
Another method is service by advertisement in a local newspaper, as per
Order 20, Rule 1A, ensuring effective summons delivery.
3. Appearance of parties (Order 9):
On the day fixed in the summons the defendant is required to appear and
answer and the parties shall attend the court unless the hearing is
adjourned to a future day fixed by the court, if the defendant is absent
court may proceed ex-parte.
Where on the day so fixed it is found that summons has not been served
upon defendant is consequence of failure of plaintiff to pay the court fee
or postal charges the court may dismiss the suit.
Where neither the plaintiff nor the defendant appears, the court may
dismiss the suit. Such dismissal does not bar fresh suit in respect of same
cause of action.
24
4. Ex-parte Decree (Order 9 Rule 6 (1)(a)):
A decree against the Defendant without hearing him or in his absence or in
absence of his defence can be passed under the following circumstances
I. Where any party from whom a written statement is required fails to
present the same within the time permitted or fixed by the court, as
the case may be the court shall pronounce judgment against him, or
make such order in relation to the suit as it thinks fit and on
pronouncement of such judgment a decree shall be drawn up.
(ORDER 8, RULE 10 CIVIL PROCEDURE CODE.)
II. Where defendant has not filed a pleading, it shall be lawful for the
court to pronounce judgment on the basis of facts contained in the
plaint, except against person with disability.(ORDER 8, RULE 5(2),
CIVIL PROCEDURE CODE.)
III. Where the plaintiff appears and defendant does not appear when
suit is called up for hearing and summons is properly served the
court may make an order that suit will be heard ex parte (ORDER 9,
RULE 6(1 )(a) OF CIVIL PROCEDURE CODE).
If an ex-parte decree is passed and the defendant satisfies that he was
prevented by sufficient cause then he has the following remedies open
i. Prefer appeal against decree.
ii. Apply for Review.
iii. Apply for setting aside the ex-parte Decree.
In UCO BANK V/S. IYENGER CONSULTANCY SERVICES, 1994 (SCC) 399
(SUPPLE.) it was observed that the words Sufficient Cause has not been
defined and it will depend on facts and circumstances of each case.
5. Interlocutory Proceedings (Order 39 Rule 6):
The period involved between initiation and disposal of litigation is
substantially long. The intervention of the court may sometimes be
required to maintain the position as it prevailed on the date of litigation. In
legal parlance it is known as “status quo. It means preserving existing state
of things on a given day.
In that context interlocutory orders are provisional, interim, temporary as
compare to final. It does not finally determine cause of action but only
decides some intervening matter pertaining to the cause.
i. Arrest and attachment before judgment Order 38
ii. Temporary injunctions and interlocutory orders Order 39
iii. Appointment of receiver Order 40
25
 iv. Appointment of commissioner Order 26
6. Written Statement (Order 8):
The defendant is obliged to submit a written statement of defence either
before or during the initial hearing, or within a timeframe granted by the
court. If disputing the suit's validity or asserting a void transaction,
specificity is required.
Merely denying the grounds alleged in the plaint is inadequate; the denial
must be explicit and substantive, not evasive. Failure to specifically deny
facts or state non-admission results in their deemed admission as per
Order 8 Rule 5 of the Civil Procedure Code.
Order 8 Rule 1 dictates that the defendant must furnish the written
statement within 90 days of receiving the summons. The court may allow
an additional 30 days if the defendant fails to do so within the initial
period, but this extension must not exceed 90 days from the date of
service of summons.
Rule 1-A imposes a duty on the defendant to produce relevant documents
and provide a list thereof along with the written statement.
7. Production of Documents (Order 13):
After filing written statement by defendant, the next stage of the suit is
documents. On this stage both parties have to file documents in court
which are in their possession or power.
If parties relay on some documents which are not in their possession in
that case they have to apply to court for issue of summons to authority or
persons in whose possession these documents are. The parties have to
deposit in court cost of such production of documents. (Process fees and
bhatta).
8. Examination of parties (Order 10):
Examination of parties is an important stage after appearance. At first
hearing of the suit the court shall ascertain from each party or his pleader
whether he admits or denies such allegations of fact as are made in the
plaint or written statement. Such admissions and denials shall be
recorded. The examination may be an oral examination.
When a party, if the pleader of the party who appears, refuses or is unable
to answer any material question court may direct the concerned party
should remain present in the court. If the party does not remain present
court may pass such orders as deemed fit (ORDER 10 OF CPC.)
26
9. Discovery and Inspection (Order 11):
The purpose of discovery and inspection of document and facts is to
enable the parties to ascertain the facts to be proved. With the leave of
the court the plaintiff or defendant may deliver interrogatories in writing
for examination of opposite parties which are required to be answered
and which are related to the matter.
10. Admission (Order 12):
Either party may call upon the other party to admit within seven days from
the date of service of the notice, any document saving all just exception. In
case of refusal or neglect to admit after such notice, the cost of proving
such document shall be paid by the party, so neglecting or refusing
whatever be the result of the suit may be, unless the court otherwise
directs and no cost of proving any such document shall be allowed unless
such notice is given, except where the omission to give the notice is in the
opinion of the court a saving of expenses. The above procedure is rarely
followed by the advocates of parties.
11. Framing of Issue (Order 14):
The next stage is framing issues. The job of framing issues is exclusively
assigned to a judge. Issues are framed considering provisions of order 14
rule 1 of C.P.C.
Rule 1 sub rule (1) states, “Issues arise when a material proposition of fact
or law is affirmed by one party and denied by the other.”
Sub rule (2) states, “Material propositions are those propositions of law or
fact which a plaintiff must allege in order to show a right to sue or a
defendant must allege in order to constitute his defence.”
Sub rule (3) States “Each material proposition affirmed by one party
denied by other shall form subject of distinct issues.”
 Issues of fact
 Issues of law.
12. Summoning And Attendance of Witnesses (Order 16):
On the date appointed by the court and not later than 15 days after the
date on which issues are settled parties shall present in court a list of
witnesses whom they propose to call either to give evidence or to produce
documents.
13. Hearing of Suits and Examination of Witnesses (Order
18):
27
 The plaintiff is entitled to have first right to begin unless the defendant
admits the facts alleged by the plaintiff and contends that either in point
of law or on some additional facts alleged by the defendant the plaintiff is
not entitled to any part of relief.
In such case defendant has the right to begin.
The plaintiff has to state his case in front of the judge. The plaintiff has to
submit the evidence that was earlier marked. If any evidence was not
marked earlier then it will not be considered by the court.
Then the plaintiff will be cross-examined by the defendant’s Advocate. The
witnesses from plaintiff’s side also have to appear in the court, who are
also cross-examined by the defendant’s lawyer.
The defendant also presents his side of the story supported by his
witnesses and evidence from his side. The evidence needs to be marked
earlier by the court, otherwise it will not be considered by the court.
The plaintiff’s lawyer will then cross-examine the defendant.
14. Arguments (Order 18 Rule 2 (2) (3)):
As soon as evidence of both side is over then the suit is kept for argument.
Once the evidence has been submitted and cross-examination is
conducted by the plaintiff and defendant, both sides are allowed to
present a summary of their case and evidence to the judge in the final
argument session.
15. Judgment (Order 20):
Judgment means the statement given by the judge on ground of which a
decree is passed.
The court after the case has been heard shall pronounce judgment in open
court either within one month of completion of arguments or as soon
thereafter as may be practicable, and when the judgment is to be
pronounced judge shall fix a day in advance for that purpose.
16. Preparation of Decree (Order 20 rule 6, 6A):
Once the judgment is delivered by a judge a decree is to be prepared by
concerned clerk.
The decree shall agree with the judgment; it shall contain the number of
the suit, the names and descriptions of the parties, their registered
addresses, and particulars of the claim, and shall specify clearly the relief
granted or other determination of the suit.
17. Appeal, Review, Revision:
28
 A. Appeal (Order 41-45):
An appeal may be an appeal from order or an appeal from decree. All
orders are not appealable and complete discretion of the appealable
order has been given in order 43 of the Code of Civil Procedure.
The appeal has to be preferred within prescribed limitation period
before the appellate court. The limitation period for appeal to High
Court is 90 days and appeal to District Court is 30 days. If the period of
limitation is expired, then application for condonation of delay also is
required to be moved.
B. Review (Order 47):
The right of review is having very limited scope under the Civil
Procedure Code.
A review application is maintainable only when the following conditions
are satisfied:
i. If involves a decree or order from which no appeal is allowed or if
allowed it is not preferred.
ii. The appellant was aggrieved, on the ground, that because of the
discovery of a new and important matter of evidence, which, after
the exercise of due diligence, was not within his knowledge or could
not be produced by him at the time of decree or on account of some
mistake, apparently on the face of the record, or for any sufficient
reason, desires to obtain a review of such decree. The other side will
be granted an opportunity to be heard, when any review application
has been granted.
C. Revision:
The High Court in its revision jurisdiction can interfere in any case
decided by subordinate court under certain circumstances.
The High Court may call for the record of any case which has been
decided by subordinate court and in which no appeal lies, if such
subordinate court appears –
i. To have exercised, a jurisdiction not vested in it by law, or
ii. To have failed to exercise a jurisdiction so vested, or
iii. To have acted in exercise of its jurisdiction illegally; or with
material irregularity.
18. Execution of Decree (Order 21):

29
 Execution is the medium by which a decree- holder compels the judgment-
debtor to carry out the mandate of the decree or order as the case may
be.
It enables the decree-holder to recover the fruits of the judgment. The
execution is complete when the judgment-creditor or decree-holder gets
money or other thing awarded to him by judgment, decree or order.

Unlike the criminal cases which aims at serving punishments, a civil suit pursues
compensation. It should also be kept in mind that prior to the final arguments,
the parties have a chance to make changes to their pleading. In such cases, prior
permission of the court is necessary. However, if the above-mentioned
procedure is not followed then the registry has the right to dismiss the suit.

30
3. Observation: Civil
Case

31
Court:- Second: Judicial Magistrate, Junior Division, Chanderi District
Ashoknagar (M.P.)
(Before:- Shalini, Bhandari)
Registration No. RCSA/54/2019
Filing No. /169/2019
CNR-No- MP6706000660/2019
Registration Date - 09/09/2019
1- Brajbhansingh s/o Raghunathsingh Lodhi,
Aged 62 years
Occupation: Agriculture
Resident of Gram Bandera, Tehsil Chanderi,
District Ashoknagar, M.P.
Plaintiff
Versus
1- Phernasingh s/o Tijju Lodhi, Age 65 years,
2- Gulab s/o Jorawal Lodhi, Age 70 years,
3- Anrat s/o Jorawal Lodhi, Aged 60 years,
4- Preetam s/o Jorawal Lodhi, Aged 55 years,
5- Mahendra s/o Torn Lodhi, Aged 30 years,
The occupation of all: Agriculture.
Residents of Gram Bandera, Tehsil Chanderi,
District Ashoknagar, M.P.
Defendants
6- The State of M.P. represented by the District Magistrate,
District Ashoknagar, M.P.
Official Defendants

Counsel of Plaintiff Mr. Idris Khan Pathan, Advocate.

Counsel of Defendants Mr. Tanvir Ahmed Zafari, Advocate.
Witnesses No (s)- 2

Present stage of case Appealed in High Court, Indore Bench

32
 3. Introduction of the case
The plaintiff has filed a permanent injunction application under Sections 34
and 38 of the Specific Relief Act, 1963, regarding a disputed land parcel
identified as survey number 129 in Badera village, Tehsil Chanderi. They
claim ownership and possession against defendants numbered 1, 4, and 5.
The plaintiff asserts that despite a consistent area through a survey
number change, the defendants have unjustly attempted to claim the land,
resulting in ongoing disputes. Legal actions resulted in a permanent
injunction against defendants Gulab Singh, Toran, and Anrat Singh, who
were found to lack familial connections with the plaintiff. However,
defendants Feran, Pritam, and Mahendra, belonging to the same family,
persist in claiming ownership.

The plaintiff's rightful possession, confirmed through demarcation by the

Tehsildar in 2000, is disputed by defendants 1 to 5, who attempted to
occupy the land and violently disrupted demarcation proceedings. Despite
legal efforts, the defendants' aggression obstructed dispute resolution,
leading to legal action and their subsequent detention and release on bail.

Allegations include threats and physical assaults by defendants during

demarcation attempts. Despite court injunctions, they persist in claiming
ownership and intend to construct on the land. The plaintiff, seeking help
from authorities, faces non-cooperation from the defendants, leading to
legal action to gain possession and obtain a permanent injunction against
construction activities.

In response, defendants 1 to 4 contest land encroachment accusations,

asserting that the dispute concerns ownership under survey number 130,
addressed in the Revenue Court. They accuse the plaintiff of presenting
false claims and seek dismissal, emphasizing the dispute's focus on map
rectification.

33
 4. FACTS OF CASE
1. A permanent injunction application has been filed under Sections 34 and 38
of the Specific Relief Act, 1963, in relation to the disputed land under survey
number 129, measuring 0.66980 hectares (Survey No. 239/16/4 prior to the
arrangement), situated in the village of Badera Chakk, Tehsil Chanderi,
declaring ownership and possession in favour of the plaintiff, and against the
defendants numbered 1, 4, and 5. This land is subject to ongoing dispute as
per the arguments presented by the plaintiff. Further details will be provided
as per the specific provisions of the said Act.
2. The plaintiff claims ownership of land with survey number 129 in Badera
village, asserting that its area remained consistent through a survey number
change due to village organization. Both old and new maps were provided as
evidence. This disputed land is central to the ongoing legal proceedings.
3. The plaintiff contends that they own survey number 129, surrounded by
specific neighbouring lands. Defendants 1 to 5, despite lacking any
connection to the plaintiff, unjustly attempt to claim the disputed land,
leading to ongoing disputes. Legal action was taken, resulting in a permanent
injunction against the plaintiff. The appellate court upheld this decision in
2014. No further appeal was pursued. Thus, defendants Gulab Singh, Toran,
and Anrat Singh are permanently prohibited from interfering with the
plaintiff's rightful possession. Notably, defendants Feran, Pritam, and
Mahendra belong to the same family.
4. The plaintiff asserts rightful possession of their land, confirmed through
demarcation by the Tehsildar in 2000. Despite this, defendants 1 to 5 attempt
to occupy the disputed land. Seeking to avoid conflict, the plaintiff requests
demarcation by the Tehsildar, but during the process, the defendants disrupt
proceedings violently, forcing the demarcation team and police to retreat.
The incident is reported to the Gram Panchayat, leading to an application to
the Tehsildar and subdivisional officer. Following Tehsildar's orders, the
Chanderi police file a first information report against the defendants under
Section 353 and other relevant sections. Subsequently, the defendants are
detained and later released on bail. The plaintiff's efforts to resolve the
dispute through legal channels are obstructed by the defendants' aggression,
leading to a halt in the demarcation process and legal action against them.

34
5. The plaintiff alleges that defendants threatened and physically assaulted
them when they tried to demarcate disputed land. Despite court injunctions,
defendants persist in claiming ownership and intend to build on the land. The
plaintiff sought help from authorities, but defendants refuse cooperation.
Consequently, the plaintiff has pursued legal action to gain possession of the
land and obtain a permanent injunction against the defendants' construction
activities.
6. In response to the plaintiff's claims, defendants 1 to 4 contest the accusation
of land encroachment, asserting that the dispute concerns ownership under
survey number 130 and is being addressed in the Revenue Court. They accuse
the plaintiff of presenting false claims to disrupt proceedings. Defendant 1
denies familial ties with others and accuses the plaintiff's associate of
tampering with maps. The defendants argue that land ownership falls under
Revenue Court jurisdiction, while possession disputes should also be resolved
there due to the revenue map's centrality. They seek dismissal, citing the
dispute's focus on map rectification.

35
 7. Issues in Dispute
Based on the submissions and documents presented by both parties, the
following moot questions have been formulated for the appropriate
adjudication of the case, along with their respective conclusions indicated,
which will be elaborated upon in the forthcoming memorandum.

Serial No. Issues in Dispute Conclusion

1 Is the plaintiff the rightful and Certified
lawful owner of the land located in
Gram Badera Chak, Tehsil
Chanderi, with new survey number
129, area 0.669 hectares, previous
survey number 239/16/4, area
0.699 hectares?
2 Is there a claim by the defendants Certified
over the rightful ownership of the
disputed land?
3 Does the plaintiff have the right to Certified
obtain a permanent injunction
against the defendants?
4 Is the present case submitted by Certified
the plaintiff within the jurisdiction
of this court?
5 Has the present petition been Certified
submitted by the petitioner with
insufficient court fees?
6 Assistance and expenditure The defendant's
claim was
accepted
according to the
final clause.

36
 6. List of Document annexed
a) Documents annexed by the Plaintiff.
Serial No. Exhibits Documents
01 Exhibit 1 Khasra Samvat 2067-79
02 Exhibit 2 Khasra Samvat 2052-56
03 Exhibit 3 Khasra Samvat 2057-61
04 Exhibit 4 Revenue Map
05 Exhibit 5 Land Book
06 Exhibit 6 Copy of Judgement passed by ADJ Chanderi Order
dated 08.07.2021.
07 Exhibit 7 Copy of Judgement and Decree passed by CJ 1 st
Class Chanderi Order dated 15.09.2012.
08 Exhibit 8 Copy of Judgement and Decree passed by ADJ
Mungaoli Order dated 29.01.2014
09 Exhibit 9 Khatoni Year 2018-19
10 Exhibit 10 Khasra Year 2018-19

b) Document annexed by the Defendant.

Serial No. Exhibits Documents
01 Exhibit 1 Khasra Samvat 2067-71
02 Exhibit 2 Khasra Samvat 2057-61
03 Exhibit 3 Revenue Map
04 Exhibit 4 Land Book

c) List of witnesses.

Serial No. Details of witnesses

01 Lakhan Sigh s/o Ramprasad Lodhi, resident Gram Chakbadera, Tehsil

Chanderi, District Ashoknagar, M.P.

02 Brajbhansingh S/o Raghunathsingh Lodhi, resident of Gram Chakbadera,

Tehsil Chanderi, District Ashoknagar, M.P. (Plaintiff)

37
 7. Arguments
I. Arguments By Plaintiff
1. The plaintiff claims ownership of land survey number 129, plot number
0.669, in Badera Chak village. Previously numbered 239/16/4, it was
reorganized, leading to the change in plot numbers. Both old and new
maps are provided. This land is disputed and will be addressed in future
proceedings.
2. The plaintiff asserts ownership of disputed land survey number 129,
surrounded by various neighbouring properties. Defendants unrelated to
the land seek possession, leading to disputes. Legal action was taken
against specific individuals resulting in a permanent injunction by the
Second Civil Judge in 2012. The plaintiff's subsequent appeal was
dismissed by the First Appellate Court in 2014. With no further appeal to
the High Court, the 2012 judgment stands final. Thus, Gulab Singh, Torn
Singh, and Anarat Singh are permanently restrained from interfering. Other
defendants, including Feran, Pritam, and Mahendra, share familial ties with
the restrained parties.
3. The plaintiff conducted a land survey, proving ownership. Defendants 1 to
5 seek possession, causing disputes. To resolve conflicts, the plaintiff
requested land demarcation by the Tehsildar, involving relevant
authorities.
4. Defendants 1 to 5, along with their families, disrupted a land survey on
June 23, 2019, using violence and threats to claim ownership of the
plaintiff's land. Despite police intervention and legal action, they persist in
their claims and threats, intending to occupy and build on the disputed
land. The plaintiff has faced significant challenges, including cultivating
crops, amidst this dispute. Despite a court injunction against them,
defendants continue to contest the plaintiff's ownership, posing a
persistent threat to the plaintiff's land and peace.
5. The plaintiff sought intervention from the Tehsildar, Chanderi, and
authorities at Chanderi Police Station and Ashok Nagar District
Magistrate's office due to defendants 1 to 5's refusal to acknowledge their
ownership claim. The defendants insist on ownership, attempting

38
 construction despite police action, necessitating legal action by the
plaintiff.
6. The plaintiff and family don't exceed land ceiling limits, haven't been asked
for details under Section 9, or face court action.
7. The defendant obstructed the demarcation of the plaintiff's land on
23/6/2019, falsely claiming ownership, sparking a dispute in Gram Badera
Chakk, Tahsil Chandari.
8. In this lawsuit, maintenance support is sought, with an incidental
permanent injunction. The total court fees amount to Rs. 600, with Rs.
2000 for assessment, Rs. 500 for declaration, and Rs. 100 for the
injunction.
9. This lawsuit is presented for the service of the honourable court within the
jurisdiction of the cause arising on June 23, 2019.
10. The plaintiff, defendant number 6, doesn't seek assistance against
the State of Madhya Pradesh(Order 1 Rule 3 of C.P.C). However, procedural
law mandates the state's inclusion.
11. The disputed land in Gram Badera, Chak, Chanderi Tehsil, Ashok
Nagar District, falls under the court's jurisdiction
12. It is requested to present the following petition in favour of the
plaintiff against Defendants 1 to 5 according to the list of documents in the
case:
I. Decree in favour of plaintiff: Land in Village Badera Chak, Chanderi
Tehsil (survey 129), belongs to plaintiff.
II. Requesting Respondents 1 to 5 to bear lawsuit expenses and provide
necessary assistance benefiting the plaintiff.
III. The request seeks a permanent injunction against respondents,
except Gulab, Anarat, and the Madhya Pradesh state.

Arguments by Defendant
1. Plaintiff disputes Survey Number 129 but aims to encroach on
defendants' Survey Number 130; lawsuit obstructs ongoing revenue
court proceedings, based on false premises.
2.
The plaintiff's claim concerning Survey Number 129 is refuted; the

39
 defendants assert ownership of Survey Number 130. The lawsuit
obstructs ongoing revenue court proceedings based on false premises.
3. The defendants deny knowledge of the survey and refute familial ties
between Defendant No. 01 and others. They dispute encroachment
claims and allege manipulation of Defendant No. 01's Rajasva Map by
the plaintiff's associate, leading to legal actions. Both parties pursue
their interests in court.
4. Defendants deny knowledge of false reports but assert plaintiff colluded
to manipulate revenue maps, aiming to seize defendants' lands.
Plaintiffs' farming is unrelated. Plea denied.
5. The defendant contends that if the plaintiff's claims were valid, action
would have ensued from prior submissions to authorities. Additionally,
as the defendant's house exists, the plaintiff's claim of intended
construction is baseless.
6. It was necessary to provide information regarding this legal point.
7. The plaintiff's baseless argument is rejected; they've attempted to
mislead the court without hindering the defendant's actions.
8. The plaintiff has submitted insufficient court fees.
9. This argument did not arise on 23/06/19, so the case lacks a valid cause
of action.
10. The plaintiff's failure to include the state of Madhya Pradesh as a
necessary party is crucial due to the dispute's revenue-related nature,
rendering case dismissal unlikely.
11. The dispute over the land in Gram Badera concerns jurisdiction and
the revenue map, not ownership, falling under the authority of the
Revenue Court.
12. The respondents are also presenting appropriate evidence and
documents.
Specific Objection
13. The plaintiff's submission of Survey Number 129's map is disputed by
the defendants, who possess Survey Numbers 128 and 130. Allegations
of tampering with revenue maps are made against the plaintiff and
Roopasingh. The defendants present evidence of possession and
farming, questioning the plaintiff's eligibility for a permanent injunction.

40
14. The plaintiff's claim on revenue map corrections should be addressed
in the revenue court due to jurisdictional concerns. Dismissal requested.

41
 8. Analysis of witnesses and evidences
The claimant asserts ownership of land survey number 129, spanning 0.669
hectares in village Badera, Chandwara tehsil, stating its prior survey as number
239/16/4. He highlights the separation of Badera Chak and Badera Purva post-
settlement, altering survey numbers. Despite his land's demarcation in 2000 and
favourable court rulings, respondents, including Gulab, Feran, and Mahendra,
persist in attempting to claim his land, citing past legal disputes and familial
connections. Supporting his claim, the claimant presents various certified
documents, including khatauni registers and revenue survey maps, which
confirm his ownership. Examination of these documents reveals consistent
registration of the disputed land under the claimant's name, Brijbhan Singh,
indicating his rightful ownership. Despite prolonged contention, legal documents
and surveys consistently affirm the claimant's proprietorship of land survey
number 129, refuting the respondents' claims and establishing the claimant's
rightful ownership over the disputed land.

The respondents argued that the claimant failed to provide proof of ownership
for the disputed land and that revenue records presented were insufficient.
However, examination of the claimant's witness testimony and submitted
documents, including revenue and instalment settlement records, revealed
consistent ownership by the claimant, recorded in the name of Brijbhan's son,
Raghunath. While the respondents' counsel disputed the adequacy of revenue
records as proof of ownership, they failed to provide evidence to refute the
claimant's ownership. Thus, despite arguments from the respondents' counsel
and the lack of additional documentation, the evidence presented by the
claimant, including revenue and settlement records, stands unchallenged,
affirming the claimant's ownership of the disputed land.
The argument assesses if respondents unlawfully encroached on disputed land
claimed by the claimant, aiming to determine the claimant's entitlement to a
permanent injunction against respondents 1, 4, and 5. Evaluation of evidence
confirms claimant's ownership and possession. Respondents' counsel contended
claimant's admission of respondents accepting his possession negates his claim.
However, it's proven that respondents encroached on claimant's rights before

42
and aim to do so again. Thus, the claimant is entitled to a permanent injunction
against respondents 1, 4, and 5, affirming the conclusions of questions 2 and 3.

Respondents 1 to 4 claimed the disputed land issue pertained to a revenue map

revision, suggesting the claimant seek assistance from the revenue court.
However, they provided no evidence. The claimant sought ownership
declaration and a permanent injunction, falling under the civil court's
jurisdiction, not the revenue court. Thus, the claimant's action aligns with the
civil court's jurisdiction, supporting the conclusion of argument question 4.

Respondent 1 and others contested the claimant's assertion of inadequate land

evaluation, yet failed to provide evidence supporting their stance. The claimant
sought ownership declaration and a permanent injunction, falling under civil
court jurisdiction as per Section 9 of the Civil Procedure Code, validating their
legal pursuit. Regarding the disputed land, the claimant requested assistance for
ownership declaration and a permanent injunction. While they initially paid the
appropriate court fee, the insufficient payment for the permanent injunction
doesn't invalidate their claim, given their autonomy in assessing it. Thus, both
conclusions regarding the lack of evidence and fee assessment are upheld.

43
 9. Judgement
Based on the above analysis of all the evidence, the court concludes that
the plaintiff has succeeded in proving their case based on the principle of
preponderance of probabilities. As a result, the plaintiff's claim presented
in the lawsuit is accepted, and the decree is passed accordingly.
1. The plaintiff is declared the rightful owner and titleholder of the
disputed land survey number 129, measuring 0.669 hectares, located in
Village Badra Chak, Tehsil Chanderi, District Ashoknagar, based on the
previous survey number 239/16/4.
2. Defendants 1, Fernan, Defendant 4, Pritam, and Defendant 5,
Mahendra, are permanently restrained from either themselves
encroaching upon or causing anyone else to encroach upon the
disputed land claimed by the plaintiff as their ownership and title.
3. The decision and decree will become effective upon the payment of the
remaining court fee of Rs. 140/- by the plaintiff. The plaintiff should pay
the remaining court fee before the decree is issued.
4. The defendants will bear the litigation expenses of their own case as
well as those of the plaintiff's case.
5. As per Rule 523 of the Madhya Pradesh Civil Courts Rules and Orders
1961 or as per the submitted documentary evidence, whichever is
lower, will be added to the expenses.
Accordingly, the order is prepared.
Signed and dated, and announced in the open court.
Date: 14/2/2023
Place: Tehsil Chandari, District Ashoknagar

44
 DECREE IN ORIGINAL SUIT
(Code of Civil Procedure 1908, Order XX Rules 6 and 7)

Court of the Second Additional District Judge, Junior Division, Chandari,

District Ashoknagar, Madhya Pradesh.
(Before Shalini Bhandari)
Registration No. RCSA/54/2019
Filling No. /169/2019
CNR No- MP6706000660/2019
Registration Date - 09/09/2019
1. Brajbhansingh, son of Raghunathsingh Lodhi,
Age: 62 years
Occupation: Agriculture
Residence: Village Badera, Tehsil Chandari
District: Ashoknagar, Madhya Pradesh
Plaintiff
Verses
1. Feran Singh son of Teju Lodhi, aged 65 years,
2. Gulab son of Jorawal Lodhi, aged 70 years,
3. Anrat son of Jorawal Lodhi, aged 60 years,
4. Pritam son of Jorawal Lodhi, aged 55 years,
5. Mahendra son of Toran Lodhi, aged 30 years,
All are engaged in Agriculture
Residents of Village Badera, Tehsil Chanderi
District Ashoknagar, Madhya Pradesh
Defendants
6. Hon’ble District Magistrate,
District Ashoknagar, Madhya Pradesh
Official Defendants
Claim for declaration of ownership and permanent injunction.
This suit coming on this day for final disposal before me in the presence of:
For the Plaintiff:- Mr. Idris Khan Pathan, Advocate.
For Defendant No. 1 to 4:- Mr. Tanveer Ahmad Jafri, Advocate.
Defendant No. 5, 6:- Ex-parte from the beginning.
it is odered and decreed that

45
 Based on the principle of predominance of plaintiff's assertion, the
defendants have been successful in substantiating their argument against
them. As a result, the claim presented by the plaintiff is accepted, and the
decree is passed accordingly.
1. The plaintiff is declared as the owner and proprietary holder of Survey No.
129, measuring 0.669 hectares, situated in Gram Badera Chakk, Tehsil
Chandari, District Ashoknagar.
2. Defendant No. 1, Defendant No. 4, and Defendant No. 5 are permanently
restrained from either encroaching upon the land in dispute, claimed by
the plaintiff as his ownership and proprietary rights, or facilitating
encroachment by any other person.
3. Upon payment of the remaining court fee of 140/- rupees by the plaintiff,
the said judgment and decree shall become effective. The plaintiff shall
deposit the remaining court fee before the decree is issued.
4. The defendants shall bear the expenses of their own defence along with
the plaintiff's expenses.
5. As per Rule 523 of the Civil Court Rules and Orders of 1961, Madhya
Pradesh, or upon submission of evidence, whichever is lower, the expenses
shall be added to the costs.

The remaining court fee of Rs. 140/- has been deposited by the
plaintiff/defendant.
and that the sum of Rs. Be paid by the defendant/plaintiff
to the defendant/plaintiff

on account of costs of this suit, with interest thereon at the rate of per annum
from this date of realization.
Given under my hand and the seal of the court this 14 February 2023.

46
 COST OF SUITS.
Plaintiff Amount Defendant Amount
Rs. P. Rs. P.
1. Stamp for plaint 740/- - Stamp for power -
2. Stamp for application and 120/- Stamp for exhibits -
affidavit
3. Stamp for power 10/- Stamp for application and affidavit 10/-
4. Service for exhibits - Pleader's fee on Rs. -
5. Pleader's fee on Rs. 200/- Subsistence for witness -
6. Subsistence for witness - Service of process 10/-
7. Commissioner's fee - Commissioner's fee -
8. Service of process 10/- counter claim -
Total 1080/- Total 20/-

47
Part-IiI: Procedure followed in criminal
trial

48
 1. CRIMINAL TRIAL: INTRODUCTION
1. Concept of Crime and Criminal Trial:
The concept of crime has been in existence since time immemorial. However,
the concept of crime is not susceptible to a precise definition. Russell has
admitted that to define crime is a task which so far has not been satisfactorily
accomplished by any writer. It has been interpreted and explained from different
perceptions from different strata of society.
If we attempt to define crime then “it can be said to be an act which is both
forbidden by law and against the moral sentiments of society”. For an act to be a
crime it must be opposed to law prevailing at the time.
In T.K. Gopal v. State of Karnataka, (2000) 6 SCC 168, Supreme Court held that a
crime is an act that subjects the doer to a legal punishment.
Following are the various definitions of crime given by various jurists;
I. Blackstone: A crime is an act committed or omitted in violation of a public
law forbidding or commanding it.
II. Miller: Crime is commission or omission of an act which the law forbids or
commands under pain of a punishment to be imposed by the State by a
proceeding in its own name.
In nature crime is a wrong against the society. It shakes the societal conscience
and affects the sense of security in a society. It is for this reason the State is the
chief prosecutor in any criminal case.
It is the duty of the State to bring the criminal to justice and ensure peace in
society. A State is expected to have an efficient law and order mechanism so that
subjects can lead a peaceful life with no fear of injury to person or property.
I. Fundamental Elements of Crime
i. Person
The first element of crime is a person who- must be under the legal
obligation to act in a particular manner and should be a fit subject for
awarding appropriate punishment.
Section 11 of the Indian Penal Code, 1860(IPC) provides that
word ‘person’ includes a company or association or body of persons
49
 whether incorporated or not. The word ‘person’ includes artificial or
juridical persons.
ii. Mens Rea
The second important essential element of a crime is mens rea or evil
intent or guilty mind. Mens Rea is the evil intention of knowledge to do
a wrongful act voluntarily in conscious state of mind. It is the guilty
mind required for the commission of an offence.
Every crime requires a mental element and that is considered as
the fundamental principle of criminal liability.
The basic requirement of the principle mens rea is that the accused
must have been aware of those elements in his act which make the
crime with which he is charged.
There is a well-known maxim in this regard, i.e., “actus non facit reum
nisi mens sit rea” which means that, the guilty intention and guilty act
together constitute a crime.
It comes from the maxim that no person can be punished in a
proceeding of criminal nature unless it can be showed that he had a
guilty mind.
iii. Actus reus
The third essential element of a crime is actus reus. In other
words, some overt act or illegal omission must take place in pursuance
of the guilty intention. Actus reus is the manifestation of mens rea in
the external world.
Merely possessing a guilty mind and thinking of committing a crime is
not enough. The accused person must also act on that intention and
do something in its furtherance.
iv. Injury
There can be no crime if no person faces some kind of an injury.
According to Section 44 of IPC, “injury” means any harm caused to a
person illegally either in mind, body, reputation or property.
However, there can be some crimes which might not require injuries
to anybody. For example, driving without a driving license is a crime
even if it may not harm anybody.
II. Stages of crime
There are four stages of crime
1. Intention to commit an offence.
2. Preparation to commit it.
3. Attempt to commit it.
50
4. The commission of the offence.
i. 1st Stage of crime: Intention
Intention is the first stage in the commission of an offence and known
as mental stage. Intention is the direction of conduct towards the
object chosen upon considering the motive which suggests the choice.
Law does not take notice of an intention, mere intention to commit an
offence not followed by any act, cannot constitute an offence.
The obvious reason for not prosecuting the accused at this stage is that
it is very difficult for the prosecution to prove the guilty mind of a
person.
ii. 2nd Stage of crime: Preparation
Preparation refers to arranging all the essential steps to carry out the
intended criminal act. Preparation is not unlawful in itself since it
is difficult to prove that the essential preparations were made for the
commission of the crime. However, in some exceptional circumstances,
mere preparation is also punished.
Preparation When Punishable
Collecting arms, etc., with intention of waging war against the
Government of India (Section 122 of IPC).
Preparing coins or government stamps for counterfeiting (Sections 233
to 235, 255, and 257 of IPC).
Having counterfeit money, fraudulent documents, or fake weights and
measurements (Sections 242, 243, 259, 266).
Making plans to commit dacoity (Section 399 of IPC).
The reason not punishing the first two stages is that they are considered
too remote to the completion of the intended crime. They are perceived
as harmless acts.
iii. 3rd Stage of crime: Attempt
The third stage is that of 'Attempt'. The first two stages generally are not
punishable but once an act enters the third stage criminal liability arises.
The term attempt means direct movement towards the commission of
a crime after necessary preparations made to carry out an offence.
The Indian Penal Code does not hold any specific definition of 'attempt',
but Section 511 of IPC does provide punishment for stiving to commit
a crime.
Criminal law punishes the wrongdoer for this stage depending upon the
nature and gravity of the attempted offence.
51
 iv. 4th Stage of Crime: Commission of Crime or Accomplishment
Committing the crime is the final step in the process. If the accused
succeeds in his attempt, he commits a crime and will be guilty of it.
If he fails, he will only be charged with attempting. If the crime is
complete, the offender will be tried and punished as per the specific
provisions provided in the Indian Penal Code.

2. What is Criminal Trial ?

A criminal trial is a legal process where accusations against an accused are
resolved. During the trial, evidence is presented, witnesses testify, and
arguments are made by both the prosecution (representing the government)
and the defence.
The goal of criminal trial is to determine whether the accused is guilty or
innocent of the alleged crime. If found guilty, the defendant may face
penalties such as imprisonment or fines.
The punishment for crime is decided by following procedure of criminal trial.
The criminal trials in India are well established statutory, administrative and
judicial framework.

3. Types of Criminal Trial

According to the Code of Criminal Procedure, a Criminal Trial is of three
types. Depending upon the type of criminal trial the different stages of a
criminal trial are discussed below.
I. Trial of Warrant Cases:
According to Section 2(x) of Code of Criminal Procedure, 1973 a warrant
case is one which relates to offenses punishable with death, imprisonment
for life or imprisonment for a term exceeding two years.
The trial in warrant cases starts either by the filing of FIR in a police station
or by filing a complaint before a magistrate. Later, if the magistrate is
satisfied that the offense is punishable for more than two years, he sends
the case to the sessions court for trial (Section 209 of Code of Criminal
Procedure). The process of sending it to sessions court is called
“committing it to sessions court”.
Important features of a warrant case are:

i. Charges must be mentioned in a warrant case.

52
 ii. Personal appearance of accused is mandatory.
iii. A warrant case cannot be converted into a summons case.
iv. The accused can examine and cross-examine the witnesses more
than once.
v. The magistrate should ensure that the provisions of Section 207 are .
vi. Section 207 of Cr. P.C. 1973, include the supply of copies such as
police report, FIR, statements recorded or any other relevant
document to the accused.

II. Trial of Summon Cases:

According to Section 2(w) of Code of Criminal Procedure, 1973, Those
cases in which an offense is punishable with an imprisonment of fewer
than two years is a summon case.
A summon case doesn’t require the method of preparing the evidence.
Nevertheless, a summon case can be converted into a warrant case by the
magistrate if after looking into the case he thinks that the case is not a
summon case.
Important features of a summons case are
i. The person accused need not be present personally.
ii. The person accused should be informed about the charges orally. No
need for framing the charges in writing.
iii. The accused gets only one opportunity to cross-examine the
witnesses.

III. Summary Trial

Cases which generally take only few hearings to decide the matter comes
under this category. The summary trials involve a simplified procedure of
recording the trials and cases are disposed off speedily. The summary trials
are reserved for small and petty offenses to reduce the burden on courts
and to save time and money.
Those cases in which an offense is punishable with an imprisonment of not
more than two years can be tried in a summary way. Examples of such
petty and small offences are theft under section 379, 380 or 381 of the
Indian Penal Code. The point worth noting is that, if the case is being tried
in a summary way, a person cannot be awarded a punishment of

53
imprisonment for more than three months. The trial procedure is provided
from Section 260 to Section 265 of the Code of Criminal Procedure.
Important features of a summary trial are:

i. Summary trials are characterized by their speedy process. The timelines

for various stages, such as investigation, filing of charges, and
conducting the trial, are significantly reduced compared to regular trials.
ii. This ensures that the case progresses swiftly and is disposed of in a
timely manner.
iii. The procedure for summary trials is simpler compared to regular trials.
iv. The court has the discretion to skip certain formalities, such as
recording detailed evidence, and can rely on a summary of evidence to
arrive at a decision.
v. The rules of evidence are also relaxed, making the process less formal
and more efficient.
vi. Summary trials are intended for cases where the maximum punishment
is up to two years of imprisonment or cases that are considered to be of
a summary nature by law.
vii. No sentence of imprisonment for a term exceeding three months
shall be passed in the case of any conviction under this chapter.
viii. The objective of summary trials is to ensure that justice is delivered
swiftly, without compromising on the principles of natural justice and
fair trial.

54
 2. Stages of a criminal trial.
The criminal trials in India follows the framework of Criminal Procedure Code
1973 for conducting inquiries and trials, ensuring justice and due process in
criminal cases in India.
As per the Criminal Procedure Code criminal trials have following stages namely;
1. Commission of an offence (cognizable or non-cognizable)
Information to police.

1. Information of cognizable offence.

2. Information of non-cognizable offence.

a. Information of cognizable offence:

Under Section 154 of the Code of Criminal Procedure, a FIR or First
Information Report is registered. FIR puts the case into motion. A FIR is
information given by someone (aggrieved) to the police relating to the
commitment of an offense. In case of cyber-crimes, online complaint can
also be resorted and legal assistance can be taken from cyber-crime
lawyers.
b. Information of non-cognizable offence :
In case of non-cognizable offence N.C.R (Non-Cognizable Report) is
registered by police under section 155 of CrPC but the police cannot start
investigation or arrest the accused without the order of a Magistrate
having power to try such case.
2. Complaint to magistrate:
Section 2 (d) of the Code of Criminal Procedure defines the term 'complaint as
any allegation made orally or in writing to a Magistrate, with a view to his taking
action under this Code, that some person, whether known or unknown, has
committed an offence, but does not include a police report. On receipt of a
complaint a Magistrate has several courses open to him.
He may take cognizance of the offence and proceed to record the statements of
the complainant and the witnesses present under Section 200,CrPC. Thereafter
if in his opinion there is no sufficient ground for proceeding, he may dismiss the
complaint under Section 203, CrPC. If in his opinion there is sufficient ground for
proceeding, he may issue process under Section 204, CrPC.
However, if he thinks fit, he may postpone the issue of process and either
inquire into the case himself or direct an investigation to be made by a police

55
officer or such other person as he thinks fit for the purpose of deciding whether
or not there is sufficient ground for proceeding (Section 202, CrPC).
He may then issue process if in his opinion there is sufficient ground for
proceeding or dismiss the complaint if there is no sufficient ground for
proceeding.
3. Investigation by Police:
Police conduct investigation for

 For collection of evidence;

 Interrogation statement of accused;
 Statement of witnesses;
 Scientific analysis / opinion if required. During this time, at any stage
decided by investigating agency, accused persons can be arrested.

In case of cognizable offence police can start investigation after the registration
of FIR, no prior approval of magistrate is necessary. But in case of non-
cognizable offence, prior approval of magistrate is necessary to start
investigation.
4. Anticipatory Bail:
Upon registration of FIR for cognizable criminal offence the accused may make
an application for anticipatory bail in session court or high court. If anticipatory
bail is granted then the accused cannot be arrested.
If anticipatory bail is rejected then the accused can be arrested without warrant.
Since it is a serious matter restricting the freedom of accused person, criminal
lawyer should be contacted without any laches for cases.
5. Arrest of the Accused:
In case of cognizable offence police can arrest the accused without warrant.
However, in case of non-cognizable offence prior approval of magistrate is
necessary.
6. Production of accused to magistrate
Within 24 hours of the arrest the accused shall be produced before a magistrate
having jurisdiction to try such cases.
7. Remand:
Whenever an accused is arrested for any offence and police cannot complete
investigation within 24 hours then such person is produced before a magistrate
for seeking extension of police or magisterial custody.
8. After investigation is completed:

56
If investigating agency feels a prima facie case is made out, charge sheet is filed
in Court through the public prosecutor. If police feels that no prima facie case is
made out, a final report filed in Court.
9. Cognizance of Offence by Magistrate:
After filling of charge sheet the next stage is taking cognizance of offence by
magistrate under section 190 of the Criminal Procedure Code. In the language of
the Hon'ble Apex Court employed in its earliest decision R.R.Chari v. State of
U.P AIR 1951 SC 207 “taking cognizance does not involve any formal action or
indeed action of any kind but occurs as soon as a Magistrate as such applies his
mind to the suspected commission of offence"
10. Service of summons/warrant to accused and process to compel
appearance under chapter 6 of Cr.P.C.:
The Court sends summons to the accused for appearance in the court on the
due date.
11. Appearance of accused before court & engagement of advocate:
The accused appears before the court along with an Advocate of his choice to
defend him and seek bail if anticipatory bail is not taken.
12. Filing bail application/ furnishing surety:
The accused moves an application for bail and once the bail is granted furnishes
the required suety to the court as per the order.
13. Decision is taken by the Court after hearing the public prosecutor and the
counsel for defence:
On question of Charge sheet:

1. Court can reject charge sheet; in which case the accused is discharged.
Or,
2. Court can accept that a prima facie case is made out, frame the charges,
and post the case for trial. Case goes to next stage.
3. Court can accept the final report- case is closed and accused is
discharged. Or,
4. Court can reject the final report, and direct the police to further
investigate the case. Case goes back to the Stage of investigation. Or,
5. If the Court direct the case to be posted for trial. Case goes to next
stage.
14. Framing of Charge:

After considering the police report and other important documents the accused
is not discharged then the court frames charges under which he is to be trialed.
57
15. Conviction on plea of guilty:
If the accused pleads guilty, the court shall record the plea and may, at
discretion convicts the accused.
16. If the accused pleads not guilty:
Case is posted for trial to begin the trial of the case and further proceedings as
per Criminal Procedure Code.
17. Commencement of trial:
Generally speaking, trial of a case commences when the case is posted for
examination of witnesses. Trial may be -

1. Session’s trial
2. Warrant trial
3. Summons trial
4. Summary trial
18. Prosecution evidence:

After the charges are framed, and the accused pleads guilty, then the court
requires the prosecution to produce evidence to prove the guilt of the accused.
The prosecution is required to support their evidence with statements from its
witnesses. This process is called "examination in chief".
The magistrate has the power to issue summons to any person as a witness or
orders him to produce any document.
19. Statement of the accused:
Section 313 of the Criminal Procedure Code gives an opportunity to the accused
to be heard and explain the facts and circumstances of the case. The statements
of accused are not recorded under oath and can be used against him in the trial.
20. Defence evidence:
An opportunity is given to the accused in a case where he is not being acquitted
to produce so as to defend his case. The defence can produce both oral and
documentary evidence. In India, since the burden of proof is on the prosecution
the defence, in general, is not required to give any defines evidence.
21. Final Arguments:
Public Prosecutor and the defence counsel present their arguments.
22. Judgment and sentence by the Court:
The final decision of the court with reasons given in support of the acquittal or
conviction of the accused is known as judgment.
23. Arguments on sentence:

58
When the accused is convicted, then both sides are invited to give arguments on
the punishment which is to be awarded. This is usually done when the person is
convicted of an offense whose punishment is life imprisonment or capital
punishment.
However, when the sentence is pronounced in a summons case, the parties
need not argue on the amount of punishment given. The sentence is the sole
discretion of the judge.
24. Judgment of Court passing sentence:
After the arguments on sentence, the court finally decides what should be the
punishment for the accused. While punishing a person, the courts consider
various theories of punishment like reformative theory of punishment and
deterrent theory of punishment. Court also considers the age, background and
history of an accused and the judgment is pronounced accordingly.
25. Appeal (within specified period of limitation)/Revision:
An application for appeal or review is filed the party who is aggrieved by
judgment on acquittal or conviction of the other party.
7. Appeal Application:
Appeal can be filed by party aggrieved by judgment on acquittal /
conviction sentence. On notice being issued to the opposite parties,
arguments are placed before Appellate court by defence counsel and the
public prosecutor. Or,
8. Revision Application :
Where there is right of appeal provided but no appeal was filed then in its
discretion the Sessions Court or the High Court can entertain a revision to
prevent miscarriage of criminal justice system occurred by the orders of
the lower court.
26. Judgment of the Appellate Court or Court having revisional jurisdiction:
The Court having such powers can either rebut the lower court judgement or
confirm the judgment pronounced by the lower court.
27. Execution of Sentence:
Finally, if the accused is pronounced convicted by all relevant courts and
appellate authorities then he is sent to jail for the execution of sentence
awarded by the court.

59
Case observed:
criminal

60
BEFORE THE HON’BLE COURT - R.K. BHAVE, SPECIAL (ATROCITIES) JUDGE OF
SHAJAPUR, M.P
Special Case Number 102/15
Accused- Phoolsingh S/o Babulal

Vs.

Prosecution- State of Madhya Pradesh

Accuseds No (s)- 1

Name Phoolsingh

Age 28 years

Fathers Name Babulal

Occupation Labour

Address (with police station) Gram Bamniya Khedi,

Thana Lalghati,
Shajapur,
District Shajapur (M.P.)

Thana Lalghati, Shajapur.

District Shajapur (M.P.)

Permanent resident of as above

Counsel of Applicant Mr. Narendra Tiwari, Deputy Public Prosecutor.

Counsel of Respondent Mr. Rameshchandra Indriya, Advocate.

Witnesses No (s)- 12

Present stage of case Appealed in High Court, Indore Bench

Whether any bail application Particular of bail application

is pending before the or
already Disposed of by (if yes,
given parti.)
no. date of order Result

Hon’ble Supreme Court of India No No No

Hon’ble High Court No No No

Court(s) subordinate to High St no. 26.05.2016 Conviction
court(s) 102/15
Conviction Sentence

Sec Act Imprisonment Fine if deposited Imprisonment in lieu of

Details fine
294 I.P.C 3 Month R.I.

3 (1)(10) SC/ST Act 6 Month R.I. 500/- 6 Month R.I.

61
 3. Introduction of the case
The accused is charged under sections 294, 506 Para II of the Indian Penal Code,
1860 and section 3(1)(10) of the Scheduled Caste and Scheduled Tribe
(Prevention of Atrocities) Act, 1989 alleging that on August 17, 2015, at 12
o'clock in front of the complainant's house in Bamaniyakhedi village, the
accused, with deliberate intention and voluntarily, used obscene language
towards the complainant Kishanlal, causing annoyance, threatened him with
death, committed criminal intimidation, and insulted him by using casteist slurs
knowing that the complainant belongs to a scheduled caste, thus humiliating
him on caste grounds at a public place.
Due to the exclusive jurisdiction of the Special Court, the Chief Judicial
Magistrate, Shajapur, transferred this case to this court by order dated
September 22, 2015. After the transfer, this case was received in the special
(atrocities) court on October 5, 2015.

62
 4. FACTS OF CASE
According to the complaint, on the date of 17th August 2015, the complainant
Kishanlal lodged a report at Lalghati Police Station, Shajapur, stating that around
12 p.m. his wife Sheela Bai, sister-in-law Shyamubai, went to fetch water from
the hand pump.
At that time, their neighbour Phoolsingh, along with his wife and sister-in-law,
prevented them from fetching water and said, "Why do you people of low caste
come here to fetch water from the hand pump?" He asked Phoolsingh why he
doesn't let them fetch water by calling them of low caste, to which Phoolsingh
hurled abusive language at him and threatened him saying, "You bastard, you
went to lodge a complaint yesterday as well. Don't send your wife and sister-in-
law to fetch water from the hand pump, otherwise I will kill you." Ayodhyabai
and Badrilal intervened.
Based on this report, FIR No. 26/15 was registered under sections 294, 506 B of
the Indian Penal Code and section 3(1)(10) of the Scheduled Caste and
Scheduled Tribe (Prevention of Atrocities) Act, and the case was investigated.
During the investigation, a site map of the incident was prepared. The caste
certificate of the complainant was obtained. Statements of witnesses were
recorded, and the accused was arrested. After the investigation was completed,
the charge sheet was submitted to the Chief Judicial Magistrate, Shajapur's
court.

When my learned predecessor framed charges against the accused under

sections 294, 506 Para II of the Indian Penal Code, 1860 and section 3(1)(10) of
the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989
the accused denied committing the offense and sought trial.

63
 5. Questions for Determination
Following were the questions to be determined in this case
before the hon’ble court:

1) On the date of the incident, did the accused knowingly and willingly
insult the complainant by abusing her in a public place?

2) Did the accused cause criminal intimidation by threatening to kill the

complainant?

3) Did the accused, knowing that the complainant was a member of the
Scheduled Caste, insult him castely by calling him a caste-related word in
a public place?

64
 6. List of Document annexed
c) Documents annexed by the Applicant
Serial No. Exhibits Documents
01 Exhibit 1 First Information Report (FIR)
02 Exhibit 2 Site map of the incident
03 Exhibit 3 Arrest Memo
04 Exhibit 4 Statement of witnesses
05 Exhibit 5 Caste certificate (of applicant)

d) Document annexed by the Respondent

Serial No. Exhibits Documents
01 Exhibit 1 First Information Report (FIR)
02 Exhibit 2 Site map of the incident
03 Exhibit 3 Arrest Memo
04 Exhibit 4 Statement of witnesses
05 Exhibit 5 Caste certificate (of applicant)

d) List of witnesses

Details of witnesses
Serial No.
Name Father/Husband Caste Age Address

01 Kishanlal s/o Jagannath Balai 35 Years Gram Bamniya Khedi

02 Badrilal s/o Siddhulal Gurjar 35 Years Gram Bamniya Khedi

03 Ayodhyabai w/o Harilal Gurjar 50 Years Gram Bamniya Khedi

04 Anita d/o Balram Balai 22 Years Gram Bamniya Khedi

05 Shyamubai w/o Balram Balai 40 Years Gram Bamniya Khedi

06 Sheelabai w/o Kishanlal Balai 30 Years Gram Bamniya Khedi

07 Nisha d/o Kishanlal Balai 10 Years Gram Bamniya Khedi

08 Balram s/o Jagannath Balai 45 Years Gram Bamniya Khedi

09 Gajraj Singh s/o Meherbaan Raj. 30 Years Matuni Thana Lalghati

Singh

10 Meherbaan Singh s/o Kesar Singh Raj. 60 Years Matuni Thana Lalghati

11 Harilal Rajoriya (ASI) s/o Omkar Singh Thana Lalghati Shajapur

12 P.S. Bhadoriya (DSP) s/o B.L. Bhadoriya Ajak Shajapur

Names of Accuseds

01 Phoolsingh s/o Babulal Gurjar 27 Years Gram Bamniya Khedi

65
 7. Arguments
It is not necessary for the credibility of the case presented by the prosecution
to depend on the number of witnesses, as the court considers the reliability
of the testimonies of witnesses, not their quantity. It is true that there are
contradictions regarding when and how Kishanlal reached the scene of the
incident. However, this does not render all his statements unbelievable.

As far as the question of being criminally intimidated with a threat of causing

harm is concerned, only Kishanlal stated in paragraph 1 that the accused had
said that if he came here, he would kill him someday. However, Shyamubai
and Anita do not make any statements regarding this matter. The report of
the incident was filed at 13:40, while the incident occurred at 12:00. The
distance from the police station to the scene of the incident is 6 km. There is
no available evidence to substantiate the claim made by the accused that he
threatened to kill anyone, including the complainant and his family members.

It has already been established in the case that the accused belongs to the
Gurjar community and the complainant party belongs to the Balai
community, which is a Scheduled Caste. The accused and the complainant
both reside in the same village. Therefore, it is also assumed that the accused
knew which community the complainant party belonged to. The incident site,
as shown in the map location and the initial information report, is near the
hand pump. It is certain that where the hand pump is installed, it is a public
place, as the hand pump was government-owned.

The statements of the complainant Kishan and the witnesses Shyamubai and
Anitabai corroborate each other's accounts. However, merely because they
belong to the same family and are close relatives, their statements cannot be
relied upon. Due to the potential bias and vested interest of relatives, the
testimony of a relative witness may be considered unreliable. Therefore, it is
necessary to scrutinize the testimony of interested witnesses with careful
consideration.

The learned defence counsel argues that since the accused is a first-time
offender, he should be given the benefit of probation under the Probation of
66
Offenders Act rather than being strictly punished with a monetary penalty.
This proposition was opposed by the Special Public Prosecutor.

The accused insulted the complainant by using derogatory language and

caste-based slurs, knowing that the complainant belongs to a scheduled
caste. Therefore, arguments made by the accused regarding the nature of the
offense are considered invalid in this context.

67
 8. Analysis of witnesses and evidences
There are no admitted facts in the case.
During the trial, statements of witnesses P-01 to P-06, along with documents
marked as P-01 to P-04, were presented by the prosecution. Apart from this,
no other evidence was presented.

Section 313 of the CrPC was invoked for examination of the accused, to which
the accused defended by claiming that the report was false due to animosity.
In the defence, no statement of any witness was presented by him.

The witness testimony from Kishanlal (AS-01), Shyamubai (AS-02), and Anita
(AS-03) confirms that the accused belongs to the Rajput community, while
they themselves belong to the Balai community. Additionally, Shivprasad (AS-
06), a computer operator at the SDM office, presented Exhibit P1, which
includes Kishanlal's caste certificate indicating his Balai caste, issued by Sub-
Divisional Officer Mr. Malviya. No credibility challenges were raised against
this evidence. Consequently, it establishes that the complainant is from the
Balai scheduled caste, while the accused is from the Gurjar community, which
is a general caste.

Witnesses Kishan (AS-01), husband of Shyamubai (AS-02), and Anita (AS-03),

Shayamubai’s daughter, describe an incident from four and a half months ago
when Sheelabai and Shyamubai faced verbal abuse while fetching water at a
village hand pump. The accused insulted them based on their caste,
threatening violence. Kishan reported the incident to the police, signing
Exhibit P2, and corroborated the site map, Exhibit P3. The insults were deeply
offensive.

Witnesses confirm the hand pump's proximity to the accused's house,

situated behind theirs. Kishan, the complainant, was absent when his wife
and sister-in-law faced abuse fetching water. He arrived during the
altercation, where the accused threatened them with violence. The incident
unfolded near the hand pump, away from the accused's community. When
his family fetched water, Kishan claimed to be at home, refuting hearing the

68
insults. Despite denying being a village watchman, he exploits this identity to
intimidate villagers and police officers.

In paragraph 3, Shyamubai clarifies that Kishanlal didn't join them to fetch

water but came later due to the disturbance. She disputes the 50-meter
distance to the hand pump, insisting it's shorter. Rejecting the notion that
calling from the pump wouldn't be heard, she affirms it would. Kishanlal
arrived on hearing the noise; she didn't call him. Badri was present, but his
statement wasn't presented.

Witness Anita denies accompanying her mother and aunt to fetch water,
despite being educated up to the eighth grade. She denies witnessing the
incident but claims to have heard shouting and arrived at the scene. She also
mentions her uncle Kishanlal being the village watchman.

Sakshi Kishanlal recounts the accused's threat during the altercation, while
Shayamubai’s statements vary on whether she called Kishanlal or he arrived
upon hearing the commotion. She confirms Kishanlal faced verbal abuse
upon arrival. The accused's house is noted to be near the hand pump,
contrary to the complainant's house situated behind. Investigating Officer PS
Bhadauria's report contradicts witness claims about the distance. Sakshi
Bhadauria notes Kishanlal's wife's mental state and Sheelabai's absence in
statements. Kishanlal's failure to bring his wife, despite mentioning her in the
complaint report, is highlighted in Exhibit P2.

69
 9. Judgement
The evidence presented by the prosecution that the accused intentionally
insulted the complainant, his wife, and sister-in-law by using obscene language
in public, and by threatening not to send to fetch water for them, with the
intention of humiliating them, is credible.
Upon thorough examination, the prosecution has successfully proven beyond
reasonable doubt the offenses under section 294 of the Indian Penal Code and
section 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act against the accused. However, the offense under section 506B of
the Indian Penal Code has not been proven based on the evidence presented by
the prosecution. Therefore, the accused is acquitted of the charges under the
said section.
The decision regarding the punishment for the offenses under section 294 of the
IPC and section 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention
of Atrocities) Act has been temporarily postponed for further deliberation.
As a result, the accused is found guilty under section 294 of the IPC and
sentenced to three months of rigorous imprisonment, and under section 3(1)
(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989, sentenced to six months of rigorous imprisonment and a fine of 500
rupees. In case of default in payment of the fine, the accused shall undergo an
additional six months of rigorous imprisonment separately.
Both sentences of imprisonment shall run concurrently, while the sentence for
payment of fine shall be executed after the completion of the original sentence.
A warrant for the accused's arrest shall be issued. The period of imprisonment
already served by the accused shall be adjusted in accordance with the original
order of punishment. A certificate under section 428 of the Code of Criminal
Procedure shall be issued in this regard.
The judgment shall be delivered to the accused free of charge immediately.
Dated 26.05.2016
The decision is pronounced in open court, signed, and dated.

70
Part-Iv: Observation

71
 Observation of Interview Section: Civil Suit - Advocate and
Client
Client:- Hello sir I am Ramesh Sharma.
Lawyer:- Hello Ramesh.
Client:- Sir I want to discuss my case with you.
Lawyer:- Yes, sure tell me the story of your case.
Client:- I am resident of Indore and I have joint family. My father’s name is
Ashok Sharma and mother’s name is Anita Sharma. We are three brothers and
two sisters. Both of my sisters and brothers are married. I am the younger one
all. In February 2014 my mother Anita Sharma died in an accident. In November
2014 my father Ashok Sharma died due to heart attack. After the death of my
parents my elder brother Sunil Sharma and Anil Sharma they both want to take
possession of my father’s property.
Lawyer:- Did your father make a will of their property?
Client:- No, my father didn’t make a will of his property because we had lived
very happily and my father did not want partition of property between us.
Lawyer:- Are you still a joint family?
Client:- We are living in the same house but we all work separately, not jointly
like we cook food separately.
Lawyer:- What do you want?
Client:- Sir I want equal partition of my father’s property.
Lawyer:- According to Hindu law the property of your father should be
distributed between you all equally.
Client:- I am willing for the same sir.
Lawyer:- Do your sisters also want the same as you want?
Client:- Yes, they all want the same.
Lawyer:- Don’t worry we will file a suit against your brothers Sunil Sharma and
Anil Sharma. Will your sisters agree to witness?
72
Client:- Yes, they will agree.
Lawyer:- I will charge fee for whole case in 10,000 rupees.
Client:- Okay sir thank you for handling my case. I’ll revisit with documents when
you want.

73
Observation of Interview Section: Criminal Trial - Advocate and
Client in
Client:- Hello Sir, I am Abhishek.
Lawyer:- Hello Abhishek.
Client:- Sir I want to discuss my case with you.
Lawyer:- Yes sure, let me know facts of case.
Client:- Sir on 5th November 2015 I was travelling with my family from Indore to
Delhi in intercity express train No. k416 our journey was going well at that time
a boy and a girl were quarrelling very badly in our coach. I did not know why
they were quarrelling in that manner. We have family and children with us also,
so I and some other members of our coach said that please don’t quarrel like
these in a public place. Children are scared. Then they started to argue with us.
Lawyer:- What happed after?
Client:- After that they started to argue with us and used abusive words then
after he has called some people. On Kota station the train stopped and some
people came in our coach and started beating us with hockey stick and by legs
and they all were beating the women also, at that time that boy and girl went
somewhere.
Lawyer:- Do you know who are they?
Client:- No, I don’t know who they were. I was traveling with my family, they
were strangers to us.
Lawyer:- After that what did you do?
Client:- After that we had stopped the train and complained to GRPS on railway
station.
Lawyer:- Okay, did you take first aid?
Client:- No actually we were not able to take first aid, there was no such type of
facilities in the train.
Lawyer:- Okay, I’ll deal your case.
Client:- Thank you, sir.
74
Lawyer:- Do you have a copy of complaint?
Client:- Yes, I have.
Lawyer:- We will send notice to opposite party. Don’t worry we will win the
case and they will be punished.
Lawyer:- I will charge fee for whole case in 20,000 rupees.
Client:- Okay sir thank you for handling my case.

75