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CODE OF CIVIL
PROCEDURE, 1908
Question no 1: DECREE, ORDER AND JUDGEMENT?
INTRODUCTION:
Decisions given by court of law are either decree or orders. A decree always follows the
judgement, which is pronounced after hearing the case and can either be declaratory or
executory. Both decree and order are analogous to each other.
Decree, order and judgement are three distinct terms used under CPC, 1908.
RELEVANT PROVISION:
(1) Section 2(2) for Decree
(2) Section 2(14) for Order
(3) Section 2(9) for Judgement
(4) Order 20 rule 1 to 6 for Decree and judgement
DECREE:
Black’s law dictionary, “Decree is a declaration of court, announcing legal consequences of
the fact found”.
CASE LAW DEFINITION:
Decree means an order by one in authority, a judicial decision, an edict of law. [PLD 1975
S.C]
ESSENTIAL OF DECREE:
1. There must be an adjudication.
2. The adjudication must have been given in a suit.
3. It must have determined the right of the parties with regard to all, or any of the matter
in controversy in the suit.
4. Such determination must be conclusive determination.
5. The adjudication must be formal and final and must be given by a civil court or
revenue court.
KINDS OF DECREE:
Decree may be classified into two kinds;
i. Declaratory decree which is not capable of execution.
ii. Executory decree which can be executed and enforced by the court.

CLASSES OF DECREE:
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i. Final decree.
ii. Preliminary decree.
iii. Partly preliminary and partly final.
i) FINAL DECREE:
A decree may be said to be final in two ways, when there has been no appeal filed against
the decree or when the matter has been decided by the highest Court, or when the Court passing
it completely disposes of the suit.
For example:
In a suit for the title of a particular property, when the court decides who has the title of the
property it is the final decree in the suit

ii) PRELIMINARY DECREE:

When a Court’s adjudication decides the rights of the parties with regard to all or any of the
matters in controversy in the suit but does not completely dispose of the suit, it is a preliminary
decree.
For example:
A wife sues her husband for maintenance. In the course of making a determination, the court
must also decide whether she gets maintenance during the time the trial is taking place. This
would amount to a preliminary decree.
ii) PARTLY PRELIMINARY AND PARTLY FINAL:
A decree may be partly preliminary and partly final and this may be explained by way of
example.
For example:
Here, two brothers argue over who inherits the family property from their late father. This
property is currently leased out to a family. While the determination of who gets the property is
the subject of the final decree, the determination of who gets the profits that accrue from the
lease rent being paid during the length of the trial, is a matter of partly preliminary and partly
final decree.

JUDGEMENT:
Definition of judgement under section 2 sub section 9 of the code of civil procedure, 1908,
Judgement is a statement given by the judge of the ground of a decree or order. Judgement is a
reasoning of a judge which leads him to give a decision. [PLD 1974 S.C]
ESSENTIAL OF JUDGEMENT:
i. It must be in writing.
ii. It must be given by a judge (Presiding officer of a civil court).
iii. The judgement should state the grounds for decision and also the evidence and how it
supports the decision.
iv. It should be pronounced in open court, after the completion of evidence.
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v. For the purpose of interpretation the judgement must be read as whole.

ORDER:
Definition of order under Section 2 sub section 14 of the Code of Civil Procedure 1908,
“Means the formal expression of any decision of a civil court which is not decree”.
“Order means a decision of a court or judge made in writing”. [PLD 1974 S.C 344]
KINDS OF ORDER:
(1)FINAL ORDER: A final order is one which completely disposes of the subject matter and
rights of parties in litigation.
(2)INTERLOCUTORY ORDER: An interlocutory order is one which decides not the cause
but only settles some intervening matter relating to it or affords some temporary relief.
ESSENTIAL OF ORDER:
i. It must be a formal expression and not a final decree.
ii. It must be made by the judge.
iii. It must be in writing.
iv. It need not be conclusive in nature.
v. It must be a judgement before an order is passed.
Question no 2:
JURISDICTION OF CIVIL COURT OR CIVIL COURTS ARE COURTS OF
UNLIMITED JURISDICTION?
INTRODUCTION:
The maxim “Ubi jus ibi remedium”, (Where there is a right there is a remedy) is a
fundamental principle of law.
Any person having a right has a corresponding remedy to institute a suit in a court unless
jurisdiction of that court is barred by law. So by virtue of section 9 of the C.P.C, 1908 civil
courts have been granted general jurisdiction to try all suits of civil nature.
RELATED SECTION:
Section 9 of the code of civil procedure 1908.
CROSS REFERENCE:
i. Section 6 and 15-25 of the Code of Civil Procedure 1908.
ii. Section 51 of C.P.C 1908.
iii. Order 6 rule 10 and 11 of C.P.C 1908.
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CIVIL COURT (DEF):

Civil courts are established for adjudication of controversies between individual parties or the
ascertainment, enforcement and redress of private right.
CLASSES OF CIVIL COURTS:
i. The courts of the District Judge.
ii. The courts of the Additional District Judge.
iii. The courts of Civil Judge, which are further classified as:
I. Court of civil judge of 1st class.
II. Court of civil judge of 2nd class.
III. Court of civil judge of 3rd class.
MEANING OF SUIT OF CIVIL NATURE:
A suit of civil nature is proceeding the object of which is enforcement of rights and
obligations of citizens.
Suits relating to:
I. Rights of property,
II. Rights of ownership,
III. Rights of religious procession, are suits of civil nature.

MEANING OF JURISDICTION:
Jurisdiction is the authority by which courts and judicial officers take cognizance of the
cases and decide the cases.
KINDS OF JURISDICTION: U/S 91 & 92.
Following are the kinds of jurisdiction;
(1)SUBJECT-MATTER JURISDICTION:
Jurisdiction with reference to subject matter of the suit which determined on the basis of
content of plaint is called subject-matter jurisdiction.
This refers to the nature of the claim made and the competency of the court to entertain
claims of such nature.
District courts have exclusive subject-matter jurisdiction over matters involving trademarks.
I. Trade mark and
II. Copyright.
(2)TERRITORIAL JURISDICTION:
Jurisdiction with reference to territory is called territorial jurisdiction.
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Territorial jurisdiction is the power of a court to consider with reference to territory within
which it to be exercised. It means the geographical limits within which the court must act.
A civil at Lahore does not have any power to try a suit involving immovable property
situated at Peshawar.
(3)PECUNIARY JURISDICTION:
Under section 6 and 15 jurisdiction with reference to the valuation of subject-matter of the
suit is called pecuniary jurisdiction.
A jurisdiction as limited by the value of subject-matter of the suit.
According to west-Pakistan civil court ordinance ii of 1962, pecuniary jurisdiction of:
I. Civil judge of 1st class is unlimited.
II. Civil judge 2nd class is 5, 00,000.
III. Civil judge 3rd class is 1, 00,000.

(4)APPELLATE JURISDICTION:
U/S 96 of CPC, 1908 power of court in relation to entertain and try an appeal is called its
appellate jurisdiction.
DETERMINATION OF JURISDICTION:
(i)BY PLAINT: While determining the jurisdiction of court plaint put forward by the plaintiff
is to be looked into.
(ii)INHERENT POWER OF COURT: Civil courts have inherent power to decide the
question of their own jurisdiction.
(iii)BARs ON JURISDICTION: While determining the jurisdiction, the bar on jurisdiction
imposed by of the C.P.C, 1908 and bar by any other law, if any, is to be looked into.
OBJECTION ON JURISDICTION:
The objection on jurisdiction is to be raised before the court of first instance and the party
cannot at subsequent stage raise objection on jurisdiction before appellate or revisional court
except in circumstances mentioned below:
I. The objection has taken in court of first instance at the earliest opportunity and
II. There has been a consequent failure of justice.
If the above mentioned circumstances exist than objection on jurisdiction can be raised
before appellate or revisional court.
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Bars on jurisdiction:
There are following bars on jurisdiction;
I. Express bars,
II. Implied bars,
III. Bars under other laws.
(1)EXPRESS BAR:
Express bar means barred by an express enactment for the time being in force. [1992 SCMR
1908]
Express bar are further divided into the following kinds;
(i)ABSOLUTE BAR: The code of civil procedure, 1908 creates following absolute bars on the
general jurisdiction of civil courts:
a. Res sub-judice U/S 10.
b. Res-judicata U/S 11.
c. Application U/S 12 (2).
d. Execution of decree U/S 47.
e. Application of restitution U/S 144 (2).
(ii)CONDITIONAL BAR: Such a type of bar depends on some conditions, if conditions are
fulfilled then the bar may be removed.
a. Suit by alien U/S 83.
b. Suit by foreign state U/S 84.
(iii)SPECIAL BAR: There are some special bars which depend upon special conditions. For
example per-mission of Advocate-General is required in case of suit of public nuisance, etc.
a. Suit for breach of trust U/S 92.
(2)IMPLIED BAR:
Implied bars means by barred by general principle of law and equity or on ground of public
policy.
I. Act of state.
II. Public policy.
III. Sovereign acts of state.
IV. Political question.
(3)BAR UNDER OTHER LAW:
I. Criminal law.
II. Revenue courts.
III. Family courts.
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IV. Military courts.

V. Special tribunals.

Question no 3: RES SUB JUDICE?

INTRO:
The policy of law as enshrined in section 10 is to confine the parties to one suit, thus
obviating the possibility of contradiction adjudication with regard to the same matters in issue.
The object of the rule contained in section 10 to prevent court of concurrent jurisdiction from
simultaneously entertaining and adjudicating upon two parallel litigation in respect of the same
matter in issue.
RELATED PROVISIONS:
Section 10 of the Code of Civil Procedure (C.P.C) deals with “Res sub judice”.

CROSS REFERENCE:
I. Section 151 C.P.C 1908,
II. Section 34 of Arbitration Act, 1940 and
III. Article 203 of the constitution of Pakistan, 1973.
MEANING OF RES SUB-JUDICE:
“Subjudice” is a Latin term which means “Under Judgement”. It denotes that a matter or
case is being considered by court or Judge.
DOCTRINE OF “RES SUB-JUDICATA:
The doctrine of RES-SUB-JUDICATA prohibits the trial of two parallel litigation in
respect of the same cause of action and the same subject matter, between the same parties.
The doctrine of RES-SUB-JUDICATA is of utmost importance and significance. It is rightly
called “The Doctrine of Judicial Respect”.
OBJECT OF RES SUB-JUDICATA:
I. To prevent the courts of parallel jurisdiction to proceed with the trail.
II. To confine the parties to one suit and to limit the proceeding and evidence.
CONDITIONS FOR THE APPLICATION OF SECTION.10:
I. Matter directly or substantially in issue in both suits must be same,
II. Same parties,
III. Same title, competency of court and
IV. Previous suit is pending.
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Question no 4: RES-JUDICATA U/S 11?

INTRODUCTION:
A suit can be successfully defended on the plea that the matter in issue has been decided in
the former suit. A final decision of a court of competent jurisdiction, once pronounced between
parties litigant, cannot be contradicted by any one, as against any other of such parties, in any
subsequent litigation between the same parties, respecting the same subject-matter. This is what
is known as the principle of res-judicata.
RELEVANT SECTION:
Section 11 of Code of Civil Procedure, 1908 deals with the principle of res-judicata.
CROSS REFERENCE:
I. Section 151 of CPC, 1908.
II. Section 403 of Cr.PC.
MEANING OF RES-JUDICATA:
Res means a thing and res-judicata means a case or suit already decided. Or a matter
adjudged, a thing judicially acted on or decided.
ANALYSIS OF SECTION 11:
(i)MATTER IN ISSUE:
The term “Matter in issue” means necessary facts constituting the claim or defense upon a
material point in dispute between the parties. In order to be res-judicata the matter in issue must
be the same in both suits.
(ii)MATTER DIRECTLY OR SUBSTANTIALLY IN ISSUE:
A matter directly in issue means a matter a matter which must in the former suit, have been
alleged by one party and either denied or admitted expressly or impliedly by another party.
A matter in substantially in issue if it is of importance and value for the decision of the case.
(iii)MATTER ACTUALLY AND CONSTRUCTIVELY IN ISSUE:
Every matter in respect of which the relief is claimed or any matter upon which the
judgement is based will be a matter actually in issue.
A matter in which might and ought to have been a ground of attack or defense is a matter
constructively in issue.
(iv)FORMER SUIT BETWEEN THE SAME PARTIES:
The former suit must have been a suit between the same parties.
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Parties means a person whose name appears on record as a plaintiff or defendant at the time
decision of the suit.
(v)COMPETENCY OF COURT:
The court which has decided the former suit must be a court competent to try the subsequent
suits.
OBJECT OF RES-JUDICATA:
I. To prevent multiplicity of the proceeding.
II. To save the valuable time of court.
III. To save the valuable time of parties.
IV. To give finality of the rights of the parties forever.

CONSTRUCTIVE RES-JUDICATA:
According to explanation no iv of section 11 CPC, 1908 constructive res-judicata refers, that
if the parties has an opportunity of asserting a ground in support of their claim a defense in a
former suit, and have not done so, they shall be deemed to have raised such grounds in a former
suit, and it shall be farther deemed that these grounds had been heard and decided, as if, these
matter had been actually in issue.

DIFFERENCE BETWEEN RES SUB JUDICE AND RES-JUDICATA?

(i)AS TO PROVISION:
a) The doctrine of Res Sub-Judice is contained in section 10 0f CPC, 1908.
b) The doctrine of Res-judicata is contained in section 11 of CPC, 1908.
(ii)AS TO SCOPE:
a) The scope of Res-Subjudice is limited. As it applies only on suits and not on issue.
b) Res-judicata applies both to suits and issues.
(iii)AS TO KIND:
a) In Res-subjudice, there is no concept of constructive subjudice.
b) In Res-judicata there is a concept of actual and constructive Res-judicata.
(iv)AS TO PREVIOUS SUIT:
a) In Res-subjudice, a previous suit is pending between the parties.
b) In Res-judicata previous suit is not pending but has been decided between the parties.
(v)AS TO EFFECT:
a) Section 10 stays the proceedings of the subsequent suit.
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b) Section 11 bars the trial of a subsequent suit.

(vi)AS TO CRIMINAL LAW:
a) No parallel provision, like res-subjudice, present in criminal law.
b) Doctrine of double jeopardy is present in criminal law U/S 403 CrPC, 1898 parallel to
res-judicata.

Question no 5: TERRITORIAL JURISDICTION U/S 16-21?

INTRODUCTION:
Jurisdiction of court depends upon three circumstances, namely Pecuniary, Territorial and
Subject-matter.
Territorial jurisdiction is the power of court considered, with reference to the territory,
within which is to be exercised. It means the geographical limits within which that court must
act.
RELEVANT PROVISION:
Section 16-21 of the Code of Civil Procedure, 1908.
MEANING:
It means the jurisdiction limited by the court.
BLACK’s LAW DICTIONARY:
Jurisdiction over a case arising in or involving a person residing within a defined territory.
OBJECT OF TERRITORIAL JURISDICTION:
I. To provide justice at the doorsteps of the parties.
II. To know the circumstances of the case.
III. Convenience of the parties to the suit.
TERRITORIAL JURISDICTION IN SUIT RELATION TO IMMOVABLE PROPERTY
U/S 16:
Section 2 (2) General clause act, “Immovable property includes lands, benefits arises out of
land, and things attached to earth, or permanently fastened to anything attached to earth.
According to section 16 following suits relating to immovable property situated in Pakistan
shall be instituted in a court within the local limits of whose jurisdiction, the property is situated.
I. Suit for recovery of immovable property with or without rent.
II. Suit for partition of immovable property.
III. Suit for the determination of any other right to or interest of immovable property.
IV. Suit for compensation for wrong to immoveable.
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V. Suit for recovery of movable property actually distraint or attachment.

EXCEPTION:
(i)Suit for foreclosure, sale redemption or charge upon immoveable property: A suit for
foreclosure, sale or redemption in the case of mortgage in the case of mortgage or charge upon
immoveable property may be filed either.
(ii)In the court in whose jurisdiction the property is situated.
(iii)In the court within the local limit of whose jurisdiction the cause of action wholly or
partly arises or
(iv)In the court within the local limit of whose jurisdiction the defendant resides, carries on
business or personally works for gain.

Question no 6: SUMMONS?
INTRODUCTION:
Audi alteram partem (hear the other side too) is the well settled rule of natural justice. Order
5 of CPC, 1908 is based on this principle that no one should be condemned unheard. Summons
are issued to defendants to inform them that a legal action is going on against them mentioning
the date and place of hearing.

RELEVANT PROVISION:
I. Section 27-32 of the Code of Civil Procedure, 1908.
II. Order 5 of CPC, 1908.
CROSS REFERENCE:
I. Order 16 of the Code of Civil Procedure, 1908.
II. Section 64-74 code of criminal procedure.
III. Section 27 of General Clause Act, 1897.
MEANING OF SUMMON:
The literal meaning of “SUMMON” is “To call upon”, to require person or attendance OR
A written notification issued by a civil court requiring that one must appear before the court
in prescribed manner.
DEFINITION OF SUMMON:
According to Black’s law dictionary, summon is a process issued by a court wherein it
requires the attendance or presence of a specified person on the specified date mentioned therein.
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OBJECT AND PURPOSE:

The object and purpose of serving summons it is to hear a person against whom a petition
has been made by another person having grievance against him, and to give him chance to
defend himself, before passing any order or decree against him.
PRE-CONDITIONS FOR ISSUING SUMMONS:
I. The suit has been duly instituted.
II. The suit has been duly registered in the book of the suit, kept special for this purpose by
the court.
NOTE:
No summons shall be issued when the defendant has appeared as the presentation of plaint
and admitted the plaintiff’s claim.
RULES REGARDING ISSUANCE OF SUMMONS:
According to order 5 of CPC, 1908 following rules must be taken:
RULE NO 1: The Summon shall be signed and sealed by the court issuing it.
RULE NO 2: every statement should be accompanied by the copy of the plaint or, by a concise
statement.
RULE NO 3: The person against whom the summons has been issued may appear:
I. In person or
II. Through pleader duly authorized.
RULE NO 4: The Summon shall specify the name of person whose attendance is required and
the date on which he has to appear in the court.
RULES NO 5: Where it is necessary to appear in person, the court, by stating reason, requires
the personal appearance of the defendant.
TYPES OF SUMMONS:
Summons may be of following kinds;
1. Summons to defendants and
2. Summon to witness.
(1)SUMMON TO DEFENDANTS:
According to section 27 of the Code of Civil Procedure, 1908 a Summon may be issued to
the defendant when the suit is dully instituted in the court.
MODES OF SERVING SUMMON:
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(I)SERVICE BY POST: The Summon can be served by registered post with acknowledgement
received and signed it.
(II)PERSONAL SERVICE: personal service is made by any of the following modes mentioned
below and it is completed when the person who received the Summon signed it.
a) Service on agent
b) Service on family member
(III)SERVICE BY AFFIXATION: Where defendant, his agent or family member is not
available, the service of Summons can be made by affixing the summons at the conspicuous part
of defendant’s house.
(IV)SUBSTITUTED SERVICE: It is the ultimate mode of serving the summons when above-
mentioned modes of service are ineffective.
For substituted service, following conditions must be satisfied:
a) If the courts think that the defendants intentionally abscond himself.
b) Whereabouts of defendants are not known.
c) Defendants refuse to accept summons.
WAYS OF SUBSTITUTED SERVICE:
a) Affixation of Summons at some conspicuous place where defendant ordinarily resides.
b) By publications in radio, television, newspaper etc.
c) By beating drums in the places where the defendant ordinarily resides.
d) Any other means or modes as the court thinks fit for effective service of Summons.
CASES, WHERE DEFENDANTS RESIDES OUTSIDE THE JURISDICTION OF THE
COURT:
Where the defendants reside outside the jurisdiction of the court, the court may send
Summons to the court within whose jurisdiction the defendant ordinarily resides.
Upon such service, that court shall adopt the normal procedure of serving the Summons as
laid down in order 5 of CPC, 1908.
(2)SUMMON TO WITNESS U/S 31:
Pre-conditions for service of summon to witness:
a) The issues must be formed.
b) The list of witnesses must be presented in the court.
c) Only those witnesses whose names are mentioned in the witness list can be called upon
by summons.
According to order 16 rule 1 of CPC, 1908 the summons upon witnesses may be either for two
following matters:
i. For evidence.
ii. For production of documents.
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MODES OF SERVING SUMMON UPON WITNESS:

(I)BY PARTY: Party can also serve summons to their respective witnesses.
EXCEPTION: In case where it is necessary to serve summon in the same manner as to a
defendant.
(II)BY COURT: The court can, on the application of either parties serve summon upon witness
in the manner prescribed in order 5 of CPC.

Q no 7: PLEADING GENERAL 0RDER#6?

INTRODUCTION:
Order#6 deals with pleading in general. Pleading is the beginning stage of the suit in which
the party formally submit their claims and defenses. In this a plaintiff submits a complaint stating
the cause of action, the issue or issues in controversy. The defendant submits an answer stating
his or her defense and denials.
DEFINITION ORDER#6, RULE#1:
“Pleading is a plaint or written statement”. According to the definition, we can say that a
pleading is as follow:
● The act of a person who pleads
● The advocating of a cause in a court of law
● A formal statement usually written, setting forth the cause of action or defense of a case
OBJECT:
The whole object of pleading is to bring parties to definite issues and to diminish expense
and delay and to prevent surprise at the hearing. Further that the parties themselves know what
the matters are dispute and what facts they to prove at a trial.
BASIC RULES OF PLEADING:
As per the sub rule #I of rule #2, the following are the general principles of pleading:
I. The fact stated should be material facts.
II. Pleading should state facts and not law.
III. Pleading should not state the evidence and
IV. The facts should be stated in a concise form.
RELEVANT PROVISION:
Order #6 rule #1-18 deals with pleadings.
I. Rule #1 defines pleadings.
II. Rule #2 about the principles of pleadings.
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III. Rule #3-13 requires the parties to supply necessary particulars.

IV. Rule #14 and 15 providing for sign and verification.
V. Rule #16 empowers the court to strike out unnecessary pleading.
VI. Rule #17 and 18 is for amending the pleadings.
SIGNING AND VERIFICATION OF PLEADING:
General rule is that every pleading must be signed by the party and by his pleader. But if the
party is enable to sign the pleading, it can be signed by any person authorized by him [Rule #14].
Similarly, every pleading must be verified by the parties or by some other authorized person
acquainted with the facts to the case.
AMENDING OF PLEADING:
As already stated, material facts and necessary particulars must be stated in the pleading and
the decision cannot be based on the grounds outside of the pleadings. But according to rule #17
and 18 at any time the party may find it necessary to amend his pleading before or during the
trail of case with following conditions:
I. The amendment is necessary for the resolution of disputes between the parties.
II. The time, which is needed for the amendment would not cause damage to any legal right
of the defendant.
III. The amendment does not in any way lead to any new proceeding.
IV. There must exist bona fide belief on the part of the person who comes for the
amendment.
Things for which amendment in pleading are not allowed:
I. Where their amendment changes the nature of the suit, and introduces a totally different,
a new and inconsistent case or changes.
II. Where new relief is added.
III. Where the new cause of action is arisen by the new application.
IV. Where the application for amendment is not made in good faith.

Q no 8: PLAINT ORDER #7?

INTRODUCTION:
Pleading contains two things: (i) Plaint and (ii) Written statement.
Plaint is a part of pleading. Every suit shall be instituted by a presenting a plaint to the court
or such officer as it appoints on that behalf. Plaint is also called pleading of plaintiff.
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MEANING:
The word “Plaint” is not defined in the code of civil procedure. Plaint means “statement of
claim” or “a document by presenting of which suit is instituted”.
DEFINITION:
It is a written memorial tendered to a court in which the plaintiff sets forth the cause of
action and seeks judgement and relief from the court.
Basically plaint consists of three parts:
(I)TITLE: Title of the suit (plaint) consists of the name of the court, case number to be given by
the office of the court and description of parties.
(II)BODY OF PLAINT: In this part plaint consists of the fact constituting the cause of action
and when it arose.
(III)RELIEF: The plaint shall finally contain relief which the plaintiff claims. Every plaint shall
state specifically the relief which the plaintiff claims either simply or in the alternative.
PARTICULAR OF PLAINT:
(I)NAME OF THE COURT:
The name of the court shall be written on the plaint as the heading. It is not necessary to
mention the name of the presiding officer (Civil judge) of the court.
For example: In the court of District judge, Islamabad.
(II)PARTIES TO THE SUIT:
There must be two parties in every suit, namely the plaintiff and defendant. However there
may be more than one plaintiff and defendant. All particulars of the parties such as names,
residence, father name etc must be stated in the plaint.
In the case of minors, it will have to be mentioned in the cause title.
(III)TITLE OF THE SUIT:
The title of the suit contains reasons for approaching the court.
(IV)BODY OF PLAINT:
Should be divided into short paragraphs, which each contain one fact. The body of plaint is
divided into farther parts which are as follows:
(a)FORMAL PART:
The formal part contains the following essentials;
⮚ A statement regarding the date of cause of action. The primary objective behind this
is to determine the period of limitation.
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⮚ The plaint must state all the facts showing how the court pecuniary and territorial
jurisdiction over the subject-matter.
⮚ The value of subject-matter must be stated properly.
⮚ The representative character of plaintiff.
(b)SUBSTANTIAL PART:
In this portion, plaint must contain all the necessary and vital facts, which constitute the suit.
⮚ It should be shown in the plaint that the defendant is interested in the subject-matter and
therefore must be called upon by court.
⮚ Where the defendants are more than one and the liability is not joint, then the individual
liability of each and every defendant must be shown separately.
⮚ In the same way, if there is more than one plaintiff and their cause of action is not joint,
then too, the same has to mention separately.
(V)RELIEF:
Every plaint must specifically the relief claimed by plaintiff either simply or in the
alternative.
(VI)SIGNATURE AND VERIFICATION:
The signature of the plaintiff put at the end of the plaintiff. The plaint should also be duly
verified by the plaintiff.
Q no 9: WRITTEN STATEMENT ORDER NO VIII?
MEANING:
A written statement means a concise statement in writing filed by the defendant in answer
to the averment in the plaint.
RELEVANT PROVISION:
Order no viii of the code of civil procedure 1908, deals with the written statement.
EXPLANATION:
A written statement is the reply made by the defendant to the plaint filed by the plaintiff.
When a plaint is filed, the Court examines the charge and serves a ‘summons’ on the alleged
wrongdoer, the defendant. He must respond within a month or 3 months by filing a written
statement in his defense.
There are some very important rules concerning the manner in which the statement of
defense ought to be presented. This includes:

RULES:
1. All the documents supporting the defense or counterclaim must be produced
2. Any facts that the defendant considers relevant, whether new or old, must be brought up.
3. The denials and assertions must be specific, clear and explicit and must not be vague.
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4. The statement must deal with every given fact, and any allegation that is not denied is
taken to be admitted.

NOTE:
It must be noted, however, that even if the defendant does not give a written statement the
plaintiff will still have to prove the case. It is the Court that needs to be convinced

Q no 10: FRAMING OF ISSUE 0RDER NO XIV?

INTRODUCTION:
The framing of issue is a very important bearing on the trial and decision of a case. Issues
are those material points on which both parties to the suit are at variance.
RELEVANT PROVISION:
Order XIV of the code of civil procedure, 1908 deals with framing of issues.
CROSS REFERENCE:
I. Order XVIII rule 2.
II. Order XX rule 5.
III. Order XLI rule 31.
IV. Order XV rule 1.
MEANING OF ISSUE:
A single certain and material point deducted by the allegation and pleading of the parties
which is affirmed on one side and denied on the other.
DEFINITION OF ISSUE:
Issues are those material propositions of law or fact about which parties are at variance
according to their pleadings determination were of is necessary for effective and final dispose of
case.
“A single material point of fact or law in litigation that is affirmed by one side and denied by
the other side and that is subject to of the final determination of the proceeding.

ILLUSTRATION:
Mr. A files a suit against Mr. B on the basis of a contract. Mr. B in his pleading (written
statement) takes the objection that his contract is illegal and not specifically enforceable. So this
court frame issue on the following words:
“Is a contract made between Mr. A and Mr. B was illegal and not specifically enforceable”.
KINDS OF ISSUES:
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Issues are two kinds; (i) Issue of fact and (ii) Issue of law.
(i)ISSUES OF FACT:
An issue of fact arises when a fact is maintained by one party and is controverted by another
in the proceeding.
(i)ISSUES OF LAW:
Issues of law are those which are based on law questions. Question of law always arises on
the basis of factual allegations.
WHAT ARE THE MATERIAL PROPOSITION?
According to rule 1 sub rule 2 material propositions are those propositions of fact or law
which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to
constitute his defense.
OBJECT OF FRAMING OF ISSUES:
The main object of framing of issues is to ascertain the real dispute between the parties by
narrowing down the area of conflict and determine where the party differ.
DUTY OF COURT:
The duty in relation to framing of the issue is that of the court which it has to discharge
because it has to try the suit and it has to give notice to the parties to lead evidence with context
of the issue framed.
WHEN ISSUES ARE FRAMED?
According to rule 1 issues are framed and recorded by the court at the first hearing after
reading the plaint, written statement, examining and hearing of parties and their pleader.
HOW ISSUES ARE FRAMED?
At the first hearing the suit the court shall:
I. After reading the point, the written statement if any.
II. After such examination of the parties as may appear necessary.
III. Assertion upon that material proposition of fact or law the party is at variance.
IV. Shall these points proceed to frame and record the issues.
V. On which the right decision of the case appears to depend.
MATERIAL FROM WHICH ISSUES MAY BE FRAMED:
The court may frame the issues from all or any of the following materials:
I. Allegations made on oath by the parties.
II. Oral examination of parties.
III. On the basis of pleadings.
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IV. Answer to interrogatories delivered in suit.

V. Content of document.
VI. Court may examine witnesses or documents before framing issues.
POWER OF COURT TO AMEND OR STRIKE OUT ISSUES:
According to rule 5 the court may at time before passing a decree amend the issues or frame
additional issues on which terms as it thinks fit.
The court may also, at any time before passing a decree, strike out any issue that appears to
be wrongly framed or introduced.