CPC 1908

Abatement of suit: If Dt/Pf dies during the pendency of S & S doesn’t survive, S is
said to be abated. Adjournment of S: postponement of hearing of Sto future date
by court. Decree Holder/DH/2(3): p in whose favour a decree has been made
(Judgemt Cr) Evasive denials: Defendant's response to plainEff's complaint that
does not clearly admit or deny the allegaEons. Foreign Judgemnt/2(6): judgement
of a foreign court, viz, any court situated outside India & not estb. or conEnued by
autho. Of CG. (When FJ not conclusive? Not by competent court; Mistake of law;
Incorrect view of law; refuse to recog Indian Law; not adhered to PNJ, Fraud;
Collusion; Violates Indian Law) Interrogatories: are set of wriTen Qs (with aim to
discover truth) that a party in a civil suit can ask the other party with the court's
permission Issues: refer to a point in Qn Judgment debtor/JD /2(10): p against
whom a decree has been passed or an order capable of execuEon has been made;
Garnishee: refers to Dr of JD Judge/2(8): presiding officer of civil court.
Judgement/2(9): statement given by judge on the grounds of decree or order
JurisdicKon: Power or autho of a court to entertain, hear & determine Suit.
Order/2(14): Formal expression of any decision of Civil Court which is not a decree.
Legal Represntve/LR/2(11): p who represents estate of deceased p & includes any
p who intermeddles with the estate of deceased. Mesne Profits: Those profits
which p in wrongful possn of such prop actually recd or might with ordinary
diligence have recd therefrom, together with interest of such profits.
Pleading/O6/: refer to the plaint(O7) or wriUen statement(O8). It contains statmnt
of material facts/MF on which party relies their claim/defense. They are to signed
& verified. Precept/46: wriTen order issued by court to another court to aTach
prop of JD RepresentaKve S: S filed by 1/more parEes on behalf of themselves &
others having same interest in S. Remedies against ex-parte D/O9? Appeal/
Review/Set aside if obtained via fraud.
Decree/2(2): Formal expression of an adjn which conclusively determines R of
parEes in a S. EssenKal elements: (1) There must be adjn (2) Adjn must be given in
a suit (3) It must have determined R of parEes w.r.t any/all maTers in controversy in
S (4) Such determinaEon must be conclusive (5) There must be formal expression.
Types: (1)Pre D, (2) Final D; (3) Partly pre & Party final D; (4) Order rejecEng plaint;
(5) Determn of Q u/s 144 (6) Ex-parte D

JurisdicKon/J: Power or autho of a court to entertain, hear & determine Suit. Basis
of J: (a) Area (b) Pecuniary/6 (c) Issues Kinds: (1)Civil & Cr J (2) Terri & Local J (3)
Pecuniary J (4) J as to sub. maTer of S (5) Original & Appellate J (6) Exclusive &
Concurrent J (7) General & Special J (8) Legal & Equitable J (9)DomesEc & Foreign J
(10) Expounding & Expanding

Stay of Suits/Res Sub-judice/S(10): No C shall proced with trial of a S if maTer is

directly & substnEaly same as previously insEtuted S pending b/w sam parEes in C
Object: (1) Avoid mulEplicity of S on same issue (2) Prevent conflicEng judgement
EssenKals: (1) 2 S must be filed (2) Sub-maTer must be directly & substanEally
same. (3)S must be b/w same parEes (4)Earlier S must be in C of competent Jurisdn
(5) ParEes must have liEgated under same Etle Case: NIMH v. Parameshwara; M.
Janaki Ammal vs RK Somasundram Examples
Res Judicata/11-12: MaTer already decided by a competent C cannot be re-
agitated in another C. Object: Finality of Judgment; RepeEEve liEgaEon; No body
should be punished twice EssenKals: (1) Previous S must have been decided (2)
Sub-maTer must be directly & substanEally same. (3)S must be b/w same parEes
(4)Earlier S must be in C of competent Jurisdn (5) ParEes must have liEgated under
same Etle Case: Daryao vs UP ’61; Pritam Singh vs Punjab ‘56
EssenKals of suits: (1) 2 or more parEes: Pf & Dt (2) Cause of AcEon/CoA (set of
facts giving rise to legal claim) (3) Jurisdn: S must be filed in proper C (4) Relief
claimed (5) InsEtuEon of suit
Set off (O8, R6): Dt in S can claim set off against Pf’s demand if condiEons met. It
allows Dt to present a counter claim to reduce or nullify Pf’s monetary claim.
EssenKals: (1) Claim must be ascertained sum (2) Amt must be legally recoverable
(3) Shouldn’t exceed pecuniary Juridsn of C (4) Claim must arise from same
transacEon or be indep (5) Both parEes must have same relaEon in both S (Ori &
Set off) Case Law: UoI v. KC Thapar; KedarNath v. Prahlad Rai
Counter Claim/CC (O8, R6A): Dt raises indp. claim against Pf in same suit,
irrespecEve of whether claim is connected to original Pf’s claim. EssenKals: (1)CC
must be against Pf (2) Must be legally valid & enforceable claim (3) Can be file
daler filing S (4) CoA can accrue before/aler suit is filed (5) CC treated as plaint

Death, Marriage & Insolvency of ParKes on a Suit(O22)

Death (R1-6 & 10A): R1/Death of Pf/Dt doesn’t cause suit to abate if R2sue
survives (Exceptn: 305 of Successn Act; 37 of Contract Act) R2/If 1/m Dt/Pf dies but
R2sue survives, Suit doesn’t abate R3/LR of deceased Pf can represent. R4/LR of
deceased Df can represent R5/If a p is LR or not to be determined by Court itself
R6/If party dies b/w conclusion of hearing & judgement pronouncement; C may go
ahead & deliver judgement as if party were alive. R/10A: Duty of pleader to infrom
C of death pf party. Marriage (R7): (1) M of female Pf doesn’t abate the S (2) If S
proceeded & decree passed against female Df, it is to be executed against her alone
(Not husband) (3) If. Under law, Husband is liable for Wife’s debts, then decree
against him too. Insolvency of Party/R8: (1) Insolvency of party doesn’t abate S (2)
Receiver/ Assignee may subsEtute party (3) Only when Assignee/Receiver declines
to conEnue S/give security; then S can be abated.
Summons (O5):
(1) Issue of Summons R1-8: Once plaint regd, C issues summons along with plaint
to Dt to appear & file WS within 30d + 60d from issuance of summons
(2) Service of Summons R9-30: to Df/Agent by (a)regd post ack (b)speed post
(c)courier service C approved (d)fax message (e)email (f) other means as HC pres.

ProducKon, Impounding & Return of documents(O13)

R1/Prodn of docu. evidence in original where copies of such docs filed in Plaint/WS
R2/repealed R3/RejecEon of irrelevant/inadmissible doc R4/Endorsement of doc:
No. & Etle of S; Name of p; date etc. R5/If doc in current use, produce true copy
R6/Rejected docs not admiTed in court R7/AdmiTed docs form part of record of S
R8/C impounds docs, if it has sufficient cause (eg. Forged/unlawful doc) R9/Return
of admiTed docs aler trial R10/C can ask to bring docs of related suit. R11/Above
rules also apply to all material objects

Framing of issues (O14)

R1/Issues r points of dispute, either of fact or law, framed by C based on pleading.
R2/Material Facts & Law: Issues must arise from material proposiEons of law &
facts presented in pleadings R3/Types of disputes: (a) Issues of law: Relate to legal
Qs (eg. LimitaEon or JurisdicEon) (b) Issues of Fact: Relate to factual disputes (Eg.
Whether contract breached) R3/Framing of issues based on: (a) AllegaEon in
pleadings (b) Ans to interrogatories (c) Admission in docs/pleadings R4/Excln of
Non-material issues: C exclude irrelevant/immaterial issues to avoid unnecessary
liEgaEon. R5/Amendment of issues: C can alter/amend any issues for proper
determinaEon of case R2/Pre issue: If C finds that S can be decided on Q of law, it
may decide that first.
Special Suits (O27-35)
Suits by/against Govt/Public officers (S/79-83 & O27)
S/79: Govt if Dt/Pf shall be named as UoI(CG) or State of ___(SG);
S/80: 2m noEce mandatory before filing suit against Govt. (to take correcEve actn)
Such noEce to (a) Sec’y in case S against CG (except Railways) (b) GM, if suit against
Railways (c) CS /Autho officer if Suits against J&K State (d) Secy/Collector if against
SG (e.) Public officer; deliver to him or office.
S/81: ProtecKon from arrest/aUachment for work done in official capacity
S/82: ExecuEon of decree aler 3m, if sEll unsaEsfied
R2/RepresentaKon: of govt. by govt. pleader R5/ExempKon of Govt officer from
personal appearance if suit filed in official capacity

Suits by/against CorporaKons/ O-29

R1/RepresentaKon: Corp may sue or be sued in regd name R2/Service of
summons /Summons can be served on Corp’s director, secretary, Pr officer or KMP
to office’s regd address R3/Auth signatory: Pleadings on behalf of corp. must be
signed by auth signatory.

Suits by/against Firms/O-30

R1/Suing in firm name R2/Disclosure of partner’s names during proceeding, if reqd
R3/Service of summons/ Summons on 1/m partners R4/Liab of partners: Decree
against firm can be executed against Firm’s prop or partners personally. R5/NoKce
deemed to have been served on partner if served on auth representaEve
R8/Appearance under protest
Suits by/against minors & persons of unsound mind/S-147/O37 (S/3 of IMA:18y)
R1/Suit by m i.e. (m is Pf) to be insEtuted in name of NFM(Next friend of m)
R2/Suit w/o NFM, Dt may apply to take plaint & pleader of m pays costs
R2A/C’s order to NFM to deposit SD for costs R3/C appoint Guardian/G for suit
against m i.e (m is Dt) R4/CondiKons for NFM/G: Sound minor; not m; no CoI, Not
opposite party, consent of NFM/G in wriEng, No G appointed in this case. R5/All
applicaKons to court by NFM/G R6/ NFM or G cant receive money w/o Court’s
leave by compromise/favourable decree R7/Court’s express leave needed for
NFM/G to agree/compromise the case & counter sign by pleader that decision in
m’s interest. R8/NFM cant reKre Ell he gives suitable replacement & SD for costs
already incurred. R9/Removal of NFM if interest adverse; conflict of interest doesnt
do duty diligently etc. R10/RRD of NFM leads to stay in proceedings Ell new NFM
appointed. R/11 Removal of G….R12/m aUains majorityà apply for discharge of
NFM/G & dismiss/conEnue suits R14/On becoming major, if m finds suits
unreasonable or improper, he can recover costs from NFM.

Interpleader Suits/IP S (S/88 & O35): filed when p holds prop. or money on behalf
of 2/m claimants & seek C’s decision on righrul ownership to avoid mulEpliciEes of
claim. So, Dt’s interplead amongst themselves & there is no Pf as such.
R1/Who can file: p not personally interested in SM(subject maTer) & holds it on
behalf of mulEple claimants. R2/Procedure: C issues summons to all claimants to
appear & estb their claims R3/Where Dt is suing Pf in other suits, add costs of that
S to this IP Suit. R4/Discharge of Pf once C decides righrul ownership R5/IP S not
available to tenants or agents R6/Costs given to Pf by C in some form.
Suits by indigent p/Pauper suits (O33): unable to pay C fees; R1/Applicant must
demonstrate inability to pay court fees; R4/ C conducts inquiry to verify indigence
of applict ; ExempKon from C fees: but need to pay later if they recover costs
ExecuKon of decree: in CPC is process of enforcing a court order or judgment.
5 Modes of ExecuKon/O 21
(1) Delivery of possession/R35-36 (a) in case of MP, actual delivery of MP to DH;
(b) in case of ImMP, C can order evicEon of JD & then delivery of possn to DH
(2) AUachment & Sale of prop/R41-54: JD’s prop (MP, ImMP, salaries & bank a/c)
can be aTached & sold to saEsfy a monetary decree
(3) Arrest & DetenKon/R37-40: JD maybe arrested & detained in civil prison for
wilfully neglecEng to saEsfy a decree; when JD has means but wilfully defaults
(4)Payment by 3rd party/46-52: C may order 3rd party who owes money to JD to
directly given to DH (Garnishee orders)
(5)Appointment of Receiver/R11: C may appoint Receiver to manage/sell JD’s prop
for execuEon of decree.

AUachment of prop: S/60-64 & R/41-59

Prop liable for aUachment: (1) lands, (2) houses or other buildings, (3) goods, (4)
money, bank-notes, (5) cheques/ BoEx (6) Government securiEes, bonds (7) debts,
(8) shares in a corporaEon & (9) all other saleable MP & ImMP
Prop not liable: (1)Books of a/c (2)R2 sue for damages (3)R of personal service
(4)wages (5)clothes, utensils, bedding (6)tools of arEsans (7) Pay & allowance

Commissn/S75-78/O26: body of 1/m p to whom certain funcEons r entrusted by C.

(1) C to examine witness (2) C fr local invesEgaEon (3)C to adjust/examine a/c
(4) C to make parEEons (5) C fr ScienEfic, Tech or expert invesEgaEon (6) C for sale
of MP (7) C for perf of ministerial acts (8) C issued by foreign C & Trib.
Temp InjuncKons (O39/R1-5) is a judicial process whereby a party is reqd to do or
refrain from doing, any parEcular act. Purpose: Prevent irreparable injury; maintain
status quo; protect rights. R1/Ground for granKng injuncKon: To restrain Dt from
(a) commiung breach of contract (b) Causing injury to Pf’s prop (c) Take any acEon
that would defeat Pf’s rights R2/Restraining order: so as to prevent irreparable
damage R3/Procedure: (a) Appln by Pf (b) NoEce to opp. Party i.e. PNJ (c) Ex-parte
TI R4/Discharge or VariaKon or Set aside of TI by C on appln. made by any party:
Fraud/change in circumstance R5/TI on corp.
Interim/Interlocutory Orders (O39/R6-10)
R6/Power to order interim sale of MP which is subject to speedy & natural delay
R7/DetenKon, PreservaKon or InspecKon of any prop, collect samples etc.
R9/Immediate possn of land being SM of suit
R10/Deposit money in court

Summary Suits (O37) are specialized legal procedure designed to provide swil &
efficient mechanism for recovery of certain type of debts like BoEx, Promissory
notes, Hundies or debts from wriUen contracts.
Procedure: (1) Filing of plaint in C (HC & below) (2) Affidavit: No relief other than
O37 is sought (3) Service of summons (4) Appearance by Dt (5)Leave to Defend:
apply within 10d from receipt of summons (6) GranKng Leave to defend (7) Trial on
merits (8) Decree execuKon
Diff b/w Summary & Normal Suits: (a)Procedure (Judgement w/o full long trials)
(b)Timeframe (c)Evidence (Not wider like Ord suit, only NI/agreement etc.)
Appeals S/96-108; O/41-45
(1) A from Original decrees/S 96-99A & O/41
R1/Appeal file thru memo with copy of Judgment & decree; SD reqd for monetary
decrees; R3A/CondonaEon of delay appln with affidavit; R5/Stay or execuEon of
decree requires sufficient cause & SD; 23 &23A/Remand by AA for retrial
(2) A from Appellate decrees/S 100-103 & O/42 (HC) Only limited to substanEal Qn
of Law u/s 100; Issues raised in 2nd appeal must be formulated by court
(3) A from Orders/S104-106 & O-43
Only specific orders like (a) Rejectn of appln to set aside ex-parte decree
(b) Refusal to set aside abatement of S (c) Orders under Receivers
(4) Appeal by Indigent P (O44)
(5)Appeals to SC (S/109-112/O-45)
R2/PeEEon must be filed in court whose decree is challenged; R3/CerE must state
that case involves substanEal Qn of law; R7/SD for costs etc.

Reference/S-113/O-46: Allow subordinate C to refer Qn of law or jurisdn to HC

R1: Doubt on legal/juridn be referred R5:HC may alter/set aside order of referring C
Review/S-114/O-47: Review of judgment & decrees by same C that passed them.
R1: Grounds for review: (a)Discovery of new evidence (b)Apparent error on face of
record (c) Any sufficient reason R4: Appln for review maybe granted aler noEce to
opposing party
Revision/S-115:HC may call for record of any (non-appealable to HC) case from
subordinate C, if subordinate C (a) exercised beyond jurisdicEon (b) failed to
exercise jurisdicEon (c) acted illegally or with material irregularity & may make such
order as it deems fit.