DRAFTING , PLEADING , CONVEYANCE

UNIT : 1 - FUNDAMENTAL RULES OF PLEADING

INTRODUCTION
• In the subject of Drafting, Pleading, and Conveyancing (DPC), “pleading”
refers to the formal written statements presented by parties in a legal case.
These statements explain each side’s claims, defenses, or arguments, laying
out the issues the court needs to decide on.
• The word “plead” often refers to a request or request made in an emotional
or humble manner. This request can be made orally, in writing, or in any
other form that represents the request being made by one before another
person or entity in a position to consider, grant, or reject such request. In
general, the content of such a request is referred to as pleading.
• According to Mogha[1], “Pleadings are statements in writing drawn up and
filed by each party to a case, explaining what his contentions will be at the
trial and giving all such details as his opponent needs to know in order to
prepare his case in answer”.
• Rule 1 of Order VI of CPC defines pleading; it states that pleading means
either a plaint or a written statement.
In simpler terms:
1. What is Pleading?
Pleading is like telling your side of the story to the court in a written form. It’s the
first step where each party explains why they believe they’re right.
2. Types of Pleadings:
• Plaint (from the plaintiff): This is the document where the person
bringing the case (the plaintiff) states their claims and the relief they seek.
• Written Statement (from the defendant): The defendant responds,
outlining their defenses and addressing the claims made by the plaintiff.
 3. Purpose of Pleading:
• To inform the court about each party’s position.
• To help the court and both sides understand what issues are in
dispute.
• To ensure a fair trial by clearly defining the points that need
resolution.
4. Rules of Pleading:
Pleadings must be precise, clear, and contain all the relevant facts to support a
party’s claims or defenses. Courts have specific rules to ensure pleadings aren’t
too vague or overly lengthy.Pleadings set the foundation for the legal proceedings
by clarifying what each side wants, allowing the court to focus on resolving the
specific issues in the dispute.
FUNDAMENTAL RULES OF PLEADING
Basic or Fundamental Rules of Pleadings under CPC
The basic rules of pleadings are outlined in Sub-rule (1) of Rule 2 of Order VI of
the Code of Civil Procedure, 1908. These rules include:
1. Pleading Facts, Not Law: This principle was first emphasised in the case
of Kedar Lal v. Hari Lal, where it was held that parties must state the facts
upon which they base their claims. The court applies the law to these facts
to render a judgement. Parties should not assert or apply laws in their
pleadings.
Example: If the plaintiff claims the defendant trespassed on their land, they
should state facts like “The defendant entered my property without permission
on [date].” They should not write, “The defendant is guilty of trespass,” as it’s
the court’s role to determine guilt based on facts presented.
2. Material Facts Only: Only material facts should be included in pleadings.
Immaterial facts are not considered. In Union of India v. Sita Ram, the court
clarified that material facts include all facts upon which the plaintiff claims
damages or rights or upon which the defendant bases his defence.
Example: In a property dispute, the plaintiff should state relevant facts like
ownership, possession, and encroachment by the defendant. However,
mentioning irrelevant facts, such as the plaintiff’s personal opinion about the
defendant’s character, is unnecessary and should be avoided.
3. Exclusion of Evidence: Pleadings should contain statements of material
facts but not the evidence by which those facts are to be proved. There
are two types of facts:
• Facts Probanda: Facts that need to be proved (material facts).
• Facts Probantia: Facts by which a case is to be proved (evidence). Only facts
probanda should be included in pleadings.
4. Conciseness: Facts should be presented concisely, without omitting
important details. This ensures brevity and clarity without sacrificing
essential information.

Particulars or Other Rules of Pleadings under CPC

1. Details in Cases of Fraud, Misrepresentation, etc: Example: If you accuse

someone of lying or cheating, include clear details like dates and what
exactly happened.
2. Consistency in Pleadings: Example: Once you file your case with certain
claims, you can’t change or add new claims later without officially asking
the court.
3. Condition Precedent: Example: If a contract needed something to happen
first (like payment), and it didn’t happen, mention that in your pleading.
4. Denial of Contract: Example: If you deny a contract, you’re saying it wasn’t
agreed upon, not questioning if it’s legal.
5. State of Mind: Example: You can claim someone acted with bad intentions
(like to deceive) without explaining every reason why.
6. Material Facts Only: Example: Include only the facts that are needed to
understand your case. Leave out unimportant details.
7. Notice: Example: If you had to give a notice before suing, just say it was
sent. You don’t need to describe the notice in detail.
 8. Implied Relations: Example: If you say you had a partnership, you don’t
need to describe every discussion that led to it.
9. Onus of Proof: Example: Don’t add unnecessary facts just to make the other
side prove something. Focus on what’s relevant.
10.Signing and Verification: Example: You or your lawyer must sign the
pleading, and someone familiar with the facts should verify it with an
affidavit (sworn statement).
11.Address: Example: Include your address and the address of the person
you’re suing.
12.Affidavit: Example: Add an affidavit to confirm that everything in the
pleading is true.
13.Striking Out Pleadings: Example: If you include rude or irrelevant
statements, the court can remove them.
14.Amendment of Pleadings: Example: If you need to correct or add
something important, you can ask the court for permission to update your
pleading.
15.Structure and Clarity: Example: Use numbered paragraphs, each for one
point, and write numbers and dates clearly in words and figures.
16.Forms: Example: Use standard forms for your pleading to keep it organized,
or use similar ones if a form doesn’t fit.

PLAINT STRUCTURE
Provisions of Plaint in CPC
Order VII of the Code of Civil Procedure is all about the “plaint.” In this order,
you’ll find different rules that cover various aspects of what should be in a plaint.
Here’s a breakdown:
• Rules 1 to 8: These rules explain what specific details should be included in
the plaint.
• Rule 9: This rule tells us how the court should admit the plaint.
• Rules 10 to 10-B: These rules discuss what happens if the plaint in CPC
needs to be returned and how parties should appear.
 • Main Rules 11 to 13: These rules lay out the situations in which the court
can reject the plaint.
Section 26 of the Code of Civil Procedure is important because it says that every
lawsuit has to start with the presentation of a plaint in CPC or in a way that the
law says. So, it’s clear that a plaint is essential when you want to begin a case in a
civil or commercial court.
STRUCTURE OF PLAINT
Rule 1 of Order VII deals with the particulars to be contained in a plaint. It states
that -
o The plaint shall contain the following particulars: —
(a) The name of the Court in which the suit is brought.
(b) The name, description and place of residence of the plaintiff.
(c) The name, description and place of residence of the defendant, so far as they
can be ascertained.
(d) Where the plaintiff or the defendant is a minor or a person of unsound mind, a
statement to that effect.
(e) The facts constituting the cause of action and when it arose.
(f) The facts showing that the Court has jurisdiction.
(g) The relief which the plaintiff claims.
(h) Where the plaintiff has allowed a set-off or relinquished a portion of his claim,
the amount so allowed, or relinquished.
(i) A statement of the value of the subject matter of the suit for the purposes of
jurisdiction and of court fees, so far as the case admits.
Example Layout:

IN THE COURT OF ______ (Name of Court)

Suit No. ___ of 20XX

[Plaintiff’s Name and Address]

… Plaintiff
versus
[Defendant’s Name and Address]
… Defendant

SUIT FOR [Nature of Suit]

The Plaintiff respectfully submits as follows:

1. That the plaintiff and the defendant are parties to a contract dated _, under
which the defendant was to deliver ___ to the plaintiff.

2. That the defendant failed to comply with the terms of the contract, thereby
causing loss to the plaintiff.

3. Cause of Action: The cause of action arose on __, when the defendant failed
to deliver the goods as per the terms.

4. Jurisdiction: This Hon'ble Court has jurisdiction to entertain the suit because
____.

5. Relief Claimed: The plaintiff prays for the following reliefs:

- An order directing the defendant to pay Rs. ___.
 - Any other relief as the court may deem fit.

6. Valuation: The value of the suit for the purpose of court fees and jurisdiction
is Rs. __, and court fees of Rs. __ is paid.

Verification:

Date: __
Place: __
[Plaintiff’s Signature]

Rejection of Plaint
A plaint in CPC can be rejected in certain situations when specific requirements
are not met. Here are some instances in which a plaint may be rejected:
• Non-Disclosure of Cause of Action: If the cause of action is not clearly
mentioned in the plaint, making it impossible to prove the harm suffered by
the plaintiff, the court may reject the plaint. It’s essential to present the
facts clearly to seek relief. For example, in the case of SNP Shipping Service
Pvt. Ltd. v. World Tanker Carrier Corporation, the plaint in CPC was rejected
and the suit dismissed under Order 7, Rule 1(a) of the CPC, 1908.
• Undervaluation of Relief: If the relief sought by the plaintiff is undervalued
and the court asks the plaintiff to correct the valuation within a given time
frame, but the plaintiff fails to do so, the plaint in CPC may be rejected.
• Improperly Stamped Documents: When all the documents are not properly
stamped and the court requires the plaintiff to provide the required stamp
paper within a specified time, failure to do so may lead to the rejection of
the plaint.
 • Lack of Legal Basis: If the plaint is based on a statement or claim secured by
a law or statute that does not grant the plaintiff the right to file the suit, the
court may reject it.
• Failure to Submit Duplicate Copy: If the rules stipulate the submission of a
duplicate copy of the plaint and the plaintiff fails to do so, the court may
dismiss the plaint.
• Non-Compliance with Rule 9 of Order VII: If the plaintiff does not comply
with the provisions of Rule 9 of Order VII of the CPC, the court may reject
the plaint.

Return of Plaint in CPC

order 7 rule 10 of the Code of Civil Procedure (CPC) deals with the “Return of
Plaint.”

The return of plaint refers to a situation where the court sends back the plaint
(complaint) to the plaintiff. This usually happens when the court finds that it doesn’t
have the proper jurisdiction to hear the case.

Under Order 7, Rule 10 of the Code of Civil Procedure (CPC), if the court realizes
that it’s not the right place for the case, it will return the plaint to the plaintiff, along
with reasons for the return. The plaintiff can then refile the plaint in the appropriate
court that has the jurisdiction to hear the case.

In essence, return of plaint is the court’s way of ensuring the case is handled by the
correct court.

PARTIES TO THE SUIT

introduction
The people are free to choose, a method for resolving their conflict. If one party to
a dispute chooses to file a civil suit in court to resolve his dispute and seek legal
remedies, the other party has to plead his defence and tell the court why he is not
entitled to such a remedy. Now suppose the plaintiff is not aware of the party
against whom he is entitled to get remedy. So in that situation, it would be
difficult to do justice and give the remedy to the plaintiff. So in every suit, there
must be at least one plaintiff who institutes the suit and one defendant against
whom the suit is filed.
• The plaintiffs and the defendants are two necessary parties to every suit.
• there may be any number of plaintiffs or defendants in one suit, but at
least one of each is necessary.
• The plaintiff has to be careful in selecting the opposite party, i.e., the
defendant, against whom he wants to file a suit for damages. Now suppose
there is more than one person against whom the plaintiff is entitled to
claim, but in the suit he has not mentioned that person as a defendant. And
later on, he realises his mistake and wants to make him the defendant. The
law permits him to do so.
• The Code of Civil Procedure (1908), provides under Rule 1 of Order I, for
the joinder of plaintiffs
• Rule 3 of Order 1 Rule 3 for the joinder of defendants.
Necessary Party
A necessary party is someone whose presence in a legal case is essential for a
court to make an effective order. Without this party, the case cannot proceed. For
example, in an eviction case, the tenant is a necessary party because the case
cannot move forward without them.
Proper Party
A proper party is one who is not essential for the court to make an order but
whose presence is important for a complete and final resolution of the case. In
the eviction example, a sub-tenant would be considered a proper party since their
presence might help resolve all issues, even if the case can still proceed without
them.
Joinder of Parties
Joinder refers to including multiple parties in a lawsuit to ensure that all relevant
issues are addressed.
 • When Plaintiffs May Be Joined: According to Rule 1 of Order 1 of the
Code of Civil Procedure, multiple plaintiffs can join a suit if they have claims
arising from the same situation. If they filed separate lawsuits, common questions
of law or fact would arise.
• When Defendants May Be Joined: Under Rule 3 of Order 1, multiple
defendants can be joined in a suit if they are involved in the same claim, whether
jointly or individually. This prevents multiple lawsuits over the same issue.
Striking Out, Adding, or Substituting Parties
• Plaintiff Changes: Rule 10(1) allows for the addition or substitution of
plaintiffs if the original plaintiff was incorrectly named and correcting it is
necessary for justice.
• Court’s Authority: Under Rule 10(2), courts can add or remove parties
to ensure all necessary parties are included for complete justice. If a party is
unnecessary, they can be struck out.
Adding a Minor to a Suit
If a minor has an interest in a case, they can be included through an adult
guardian without conflicting interests.
• As a Plaintiff: A minor must have a “next friend” to file a lawsuit on
their behalf, as stated in Rule 1 of Order XXXII. If a suit is filed against a minor
without this representation, the defendant can request the case to be dismissed.
• As a Defendant: If a minor is a defendant, the court will appoint a
guardian for them, as per Rule 3 of Order XXXII.

WRITTEN STATEMENT
introduction
a written statement is a formal legal document filed by the defendant in response
to a plaintiff’s complaint or petition. This document serves to outline the
defendant’s defences, denials and counterclaims, if any. The written statement
should be concise and focus on the key issues in the case. It is a crucial part of the
legal process and helps shape the direction of the lawsuit.
The defendant is required to admit or deny each allegation made by the plaintiff
and present any affirmative defences they may have. Additionally, if the defendant
has any claims against the plaintiff, these may be included as counterclaims in the
written statement. It’s essential to adhere to the legal requirements and deadlines
when filing a written statement in accordance with the CPC.
Written Statement Format
• Title: The title should clearly state that it is a “Written Statement” filed
under the CPC. It should also include the case number and the names of the
parties involved.
• Introduction: Begin with an introductory paragraph that identifies the
defendant, their address and their role in the case.
• Background: Provide a brief background of the case, including the plaintiff’s
claims and the circumstances that led to the lawsuit. Mention the court
where the case is filed.
• Response to Allegations: Respond to each allegation made by the plaintiff
in their complaint. Clearly indicate whether the defendant admits, denies,
or lacks knowledge of each specific allegation. Use a numbered list for
clarity.
• Affirmative Defenses: Include any affirmative defences that the defendant
wishes to raise. These are legal arguments that, if proven, could excuse the
defendant from liability.
• Counterclaims: If the defendant has any claims against the plaintiff arising
from the same set of circumstances, these should be presented as
counterclaims in the written statement.
• Witnesses and Evidence: Mention any witnesses or evidence the defendant
intends to rely on during the trial to support their defence.
• Legal Citations: If there are relevant legal statutes, case law, or precedents
that support the defendant’s position, reference these in the written
statement.
• Relief Sought: Clearly state what the defendant seeks from the court. This
may include a request for the case to be dismissed, a specific judgment, or
any other appropriate relief.
• Verification: The written statement should typically be verified by the
defendant or their legal representative, confirming that the contents are
true and correct to the best of their knowledge and belief.
 • Date and Signature: Sign and date the written statement and include the
name and designation of the person signing it.
• Annexures: Attach any relevant documents, exhibits, or evidence that
support the defendant’s case. Refer to these in the written statement.

Sample format of written statement

IN THE COURT OF [Court Name, e.g., Senior Civil Judge, District Court]
AT [Location]

Civil Suit No.: [Suit Number/Year]

In the Matter of:

[Plaintiff’s Name]
[Address of Plaintiff]
… Plaintiff

Versus

[Defendant’s Name]
[Address of Defendant]
… Defendant

Written Statement on Behalf of the Defendant

1. Preliminary Submissions:

1.1. The Defendant denies each and every allegation contained in the Plaintiff’s
complaint except as expressly admitted herein.
1.2. The Defendant submits that the Plaintiff’s suit is not maintainable under
law and is liable to be dismissed with costs.

2. Statement on Merits:

2.1. (Paragraph-by-Paragraph Reply):

• Para [X] of the Plaintiff’s Statement: [Rebuttal or Acceptance]

• The Defendant denies the statements made in paragraph [X] of the
Plaintiff’s claim and submits that…
• [Elaborate on facts, provide explanations or counter-statements to
each point raised by the Plaintiff].

3. Additional Defenses:

3.1. Limitation: The Defendant submits that the suit is barred by the law of
limitation as prescribed under [Relevant Act/Section].
3.2. Lack of Cause of Action: The Defendant avers that the Plaintiff has no valid
cause of action against the Defendant, and thus, the suit is liable to be
dismissed.

4. Counter-Claim / Set-Off (if any):

4.1. [Details of any counter-claim or set-off being filed by the Defendant]

5. Prayer:

Wherefore, the Defendant respectfully prays that this Hon’ble Court be pleased
to:

• a. Dismiss the Plaintiff’s suit with costs;

• b. Grant any other relief that this Hon’ble Court deems fit and
proper under the circumstances of the case.

[Defendant’s Signature]
[Date]
[Place]

Verification:
I, [Defendant’s Full Name], son/daughter of [Father’s Name], aged [Age] years,
residing at [Defendant’s Address], do hereby verify that the contents of
paragraphs [mention specific paragraph numbers that are true to personal
knowledge, e.g., 1 to 5] are true to my personal knowledge and that the
contents of paragraphs [mention paragraph numbers based on legal advice or
information received, e.g., 6 to 10] are believed to be true based on legal advice
received and believed by me to be true.

Verified at [Place] on this [Day] day of [Month, Year].

[Defendant’s Signature]
Advocate for the Defendant
[Advocate’s Name and Signature]

APPEALS
What is an Appeal in CPC?

An appeal in the Code of Civil Procedure (CPC) is a way for a person to ask a higher
court to review and correct a mistake made by a lower court. The higher court
examines the case again and can change, uphold, or reverse the lower court’s
decision.

Key Elements of an Appeal

For an appeal to happen, three main things are needed:

1. A decree or order made by a court or authority.

2. An affected person (aggrieved) who may or may not have been
involved in the original case.
3. A higher court with the authority to hear appeals.

Right to Appeal

The right to appeal isn’t automatic—it’s allowed only if the law specifically grants
it. Here’s how it works:

• Granted by law: The right to appeal is only available if the law allows
it.
 • Applied based on existing law: It’s based on the law as it was when
the original case was filed, not on any changes made after.

This right can be waived (given up) if the parties agree not to appeal. Also, if a
party accepts benefits from the court’s decision, they usually lose the right to
challenge it.

One Appeal Only

The CPC allows only one appeal for each case. Under Section 96, an affected
person can appeal a court’s decision to a higher court. Some sections (97, 98, and
102) lay out situations where additional appeals aren’t allowed.

When You Can’t Appeal

Usually, only those directly involved in the case can appeal, unless someone else
gets special permission from the court. A person who wasn’t in the original case
can appeal if they’re negatively affected by the decision, but this is decided case-
by-case.

Who Can File an Appeal?

The following people can appeal:

1. Original parties in the case or their legal representatives.

2. People linked to those parties, like someone who bought their rights
or property.
3. Court-appointed guardians for minors.
4. Other affected individuals if the court allows them to.
Generally, only people directly harmed by the decision can appeal. However, with
the court’s permission, others who are bound by or harmed by the decision can
appeal if their rights are affected.

Options for Defendants with Ex Parte Orders

An ex parte order is one made without the other party’s participation. If a

defendant faces this type of order, they have two options:

1. Appeal the decision.

2. Ask the court to set aside (cancel) the ex parte order.
Both options can be pursued at the same time.

Note: Section 96(3) states that if the parties agreed to a decision (a consent
decree), they cannot appeal it. This is because they’ve already accepted the terms
by agreement.

Who Cannot File an Appeal?

Appeals aren’t allowed if:

1. The right to appeal was given up through an agreement.

2. The party accepted the benefits of the decision.
3. The decision was a consent decree, meaning both sides agreed to it.
4. The issue is trivial and doesn’t justify an appeal.
5. Legal representatives of deceased parties cannot appeal after the
party has passed away.
1. Form and Grounds of Appeal

• An appeal must follow the prescribed format in the Memorandum of

Appeal.
• Rule 2: Objections not included in the memorandum need the Court’s
permission to be raised.
• Rule 4: When a decree affects multiple parties on common grounds,
each party can appeal, and the Court may modify the decree for all affected
parties.

2. Condonation of Delay

• Rule 3A: If an appeal is filed late, the appellant must explain the
delay. The Court decides if the delay can be excused, which is discretionary, not
mandatory.

3. Stay of Proceedings

• Rules 5-8: The appellate Court can stay the execution of a decree
while the appeal is ongoing, provided:
• The application is timely.
• The appellant shows potential harm if the stay isn’t granted.
• Adequate security is provided.
• An ex parte stay order may be issued without the respondent’s
presence if conditions are met.

4. Summary Dismissal
 • Rule 11: The Court can summarily dismiss an appeal if it lacks merit,
sparing full hearings for frivolous appeals. This is done sparingly to avoid denying
legitimate appeals.

5. Doctrine of Merger

• The trial court’s decree merges with the appellate court’s decree
upon appeal, ensuring only one decree is operative.

6. Cross-Objections

• Order 41 Rule 22: Respondents can file objections (cross-objections)

to a decree if an appeal is accepted. Cross-objections differ from cross-appeals as
they are additional objections, not new appeals.

7. Powers of the Appellate Court (Section 107)

• Decide cases finally.

• Remand cases to trial court.
• Frame new issues.
• Take additional evidence if necessary.
• Modify the decree as needed for fair judgment.

8. Types of Appeals

• First Appeal (Section 96): Filed against decrees of original jurisdiction.

• Second Appeal (Section 100): Filed in the High Court on substantial
legal questions only.
9. Conversion of Appeal to Revision

• If no specific appeal-to-revision procedure exists, the Court can

convert an appeal into a revision under its inherent powers to serve justice.

10. Appeals from Tribunal Orders

• Appeals from tribunals go to the NCLAT within 45 days, extendable

with a valid reason but limited.

11. Indigent Persons

• Those unable to pay the court fee can file as indigent persons; the
Court may grant or deny this status.

12. Appeals to the Supreme Court

• Appeals can go to the Supreme Court if:

• The lower court certifies the case as fit for Supreme Court.
• The Supreme Court grants special leave to appeal.
Sample of appeal petition
IN THE HIGH COURT OF [State/Court Name]
APPELLATE JURISDICTION

Appeal No. [Year/Number]

In the Matter of:
[Appellant’s Name]
[Address of Appellant]
… Appellant

Versus

[Respondent’s Name]
[Address of Respondent]
… Respondent

Appeal Petition

1. Introduction

1.1. The appellant respectfully submits this appeal against the judgment/order
dated [date of lower court’s judgment] in [Case No. of Lower Court] passed by
[Name of Lower Court].

2. Statement of Facts

2.1. The facts of the case are as follows:

• [Briefly outline the background of the case, the issues at hand, and
the proceedings in the lower court].
• [Summarize the decision made by the lower court].
3. Grounds of Appeal

The appellant contends that the lower court made several errors, which include
but are not limited to:

3.1. Error in Law: The lower court misinterpreted the relevant legal provisions,
specifically [cite specific laws or case law].
3.2. Error in Facts: The lower court’s findings of fact were not supported by the
evidence presented.
3.3. Procedural Errors: There were significant procedural irregularities that
affected the outcome, including [detail any improper procedures that occurred].

4. Prayer for Relief

Wherefore, the appellant prays that this Hon’ble Court may be pleased to:

• a. Set aside the judgment/order dated [date] issued by the lower

court;
• b. Grant any other relief as deemed appropriate;
• c. Award the costs of this appeal to the appellant.

5. Verification

I, [Appellant’s Full Name], son/daughter of [Parent’s Name], aged [Age], residing

at [Address], do hereby verify that the contents of this appeal are true and
correct to the best of my knowledge and belief.

Verified at [Place] on this [Day] day of [Month, Year].

[Appellant’s Signature]
[Date]

Advocate for the Appellant

[Advocate’s Name and Signature]
[Advocate’s Address]
[Bar Registration Number]

Additional Considerations

• Filing Fees: Be aware of any fees associated with filing an appeal.

• Time Limits: Appeals typically have strict time limits; check local
rules to ensure compliance.
• Record on Appeal: Ensure that the record of the lower court
proceedings is available for review by the appellate court.
• Legal Representation: Consider obtaining legal counsel to assist with
the appeal process.

Reference,review and revision,execution

1. Reference (Section 113)

• When a lower court faces a question of law it’s unsure about or

where there is no clear precedent, it can refer the matter to a High Court for
guidance.
 • The High Court provides clarification, which the lower court then
applies in deciding the case.

2. Review (Order 47, Rule 1)

• A party can apply for a review of a judgment if there’s an error

apparent on the record, discovery of new evidence, or another valid reason.
• The same court that passed the judgment reviews it, and this is
meant for cases where an appeal isn’t possible or if new facts could alter the
outcome.

3. Revision (Section 115)

• The High Court can review a lower court’s order through revision, but
only if there’s no appeal available.
• Revision focuses on jurisdictional errors (i.e., if the lower court acted
outside its authority).
• It does not allow a full re-evaluation of facts or evidence, unlike an
appeal.

4. Execution (Section 38 to 74 and Order 21)

• Execution is the process of enforcing or carrying out a court’s decree

or order.
• Key Points in Execution:
• The decree-holder applies for execution in the court that passed the
decree or a court capable of enforcing it.
• Various methods are available for execution, like attachment of
property, sale of assets, arrest and detention, or garnishment of wages.
 • Execution ensures the successful party actually receives the relief
awarded by the court.