CPC Notes

• CPC is a procedural law that came into being in 1908.

• Procedural law puts life into substantive law by providing remedy and implements the maxim, ubi
jus ibi remedium.
• It does not create or take away any right.
• It is a consolidated code collecting all the laws relating to procedure to be adopted by Civil
Courts.
• The basic purpose and object of the Code is to consolidate and amend the laws relating to the
procedure of Courts of Civil Judicature.
• Part I of the code has 158 sections and part II has 51 orders.
• Hierarchy-SC followed by HC, followed by district court, followed by civil and small causes
court.

Basic words:
Civil-Private rights and remedies of a citizen.
Civil Proceedings-All the proceedings in which the parties asserts civil rights conferred by law.
Suit-A civil proceeding presented by presentation of a plaint.
Plaint-It is a statement of claim, a document or memorial through which a suit is instituted.
Plaintiff-Person who institutes the suit.
Defendant-person against whom suit is instituted.
Written statement-Reply filed by the defendant to the plaint.
Issue-The point in question, i.e the subject of debate/discussion.
Cause of action-Foundation of the suit/Reason for filing.
Summons-Intimation that is sent to the defendant by the court. It can be sent to the witnesses as
well.
Execution-Process of enforcing a decree/order/judgement of court.

Types of issues:
1)Fact
2)Law
3)Mixed(Fact and Law)

Process of adjudication-
1)Appreciation of pleadings
2)Framing of issues
3)evidence to support pleadings
4)Verify the other party’s claim
5)Hearing of both parties
6)Court applies law to the issues(Legal reasoning).
7)Decision

Section 2(2) of the act defines Decree, i.e formal expression of an adjudication.
Essentials of decree-
1)There must be adjudication.
2)The adjudication must be done in a suit.
3)It must determine the rights of the parties or any controversy.
4)Determination must be of conclusive nature.
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5)There must be a formal expression of such adjudication.

Two types of decree:

1)Preliminary decree-When further proceedings are required to enforce the decree.
2)Final decree-No additional proceedings is required.

Order(2(14))-Formal expression of any decision of a Civil Court, which is not a decree.

'Judgment' means the statement, given by the Judge on the grounds of a decree or order.
Essentials-
1)Concise statement of the case
2)Point for determination
3)The decision thereon
4)Reason for the decision

Mesne Profits(S2(12))-The profits which the person in wrongful possession of such property
actually received or might with ordinary diligence have received, along with the interest on the
profits.

Legal representative (s2(11))-He is a person in law who represents the estate of the deceased and
includes any person who intermeddle with the estate of the deceased and where a party sues or sued
in a representative character, the person on whom the estate devolves on the death of the party so
suing or sued.

Decree-holder(2(3)) means any person in whose favour a decree has been passed or an order
capable of execution has been made.
Judgment-debtor(2(10)) means any person against' whom a decree has been passed or an order
capable of execution has been made.

Section 10-Stay of suit(Res sub judice)-No Court shall proceed with the trial of any suit in which
the matter in issue is also directly and substantially in issue in a previously instituted suit between
the same parties, or between parties under whom they or any of them claim litigating under the
same title where such suit is pending in the same or any other Court in India have jurisdiction to
grant the relief claimed, or in any Court beyond the limits of India established or continued by the
Central Government and having like jurisdiction, or before the Supreme Court.

Section 11-Res judicata-No Court shall try any suit or issue in which the matter directly and
substantially in issue has been directly and substantially in issue in a former suit between the same
parties, or between parties under whom they or any of them claim, litigating under the same title, in
a Court competent to try such subsequent suit or the suit in which such issue has been subsequently
raised, and has been heard and finally decided by such Court.

JURISDICTION
It is the power of a court to hear or determine a matter.

Halsbury’s laws of England-It is meant the authority which the court has to decide matters that are
litigated before it or to take cognisance of matters presented in a formal way for its decision.

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Official Trustee v. Sachindra Nath-Jurisdiction is the power to hear and decide the question at
issue, the authority to hear an decide the particular controversy that has arisen between the parties.

Jurisdictional fact-The jurisdiction of a court, tribunal or authority may depend upon fulfilment of
certain conditions or upon existence of a particular fact.
If such a condition or fact is present, only then the authority has the jurisdiction to act, otherwise it
doesn’t.

Types of Jurisdiction:
1)territorial-Every court has its own local or territorial limits beyond which it cannot act.

2)Pecuniary-
• Section 6 of the code talks about this.
• Pecuniary limits means monetary limits.
• Pecuniary jurisdiction is found out through valuation of suit and court fees.(Suit valuation act,
1887 and Court fees act, 1870)
• For example, small causes court can entertain claims unto Rs. 10K, and HC has unlimited
pecuniary jurisdiction.
• The valuation of a suit depends upon the nature of the relief claimed.

3)Subject matter-Jurisdiction in relation to a particular subject.

Other types of jurisdiction-

1)Civil & Criminal
2)Orignal & Appellate
3)Exclusive & Concurrent
4)General & Specific

Section 9-Courts to try all civil suits unless barred:This section gives two essentials-
1)Suit must be of civil nature.
2)The cognisance should not be barred expressly/impliedly.
Express bar-Statues such as RTI, Consumer protection do not allow civil courts to try their matters.
Implied bar-Ex.-Writ petition cannot be filed in district civil courts but only in the HC or SC, as it is
understood.

Place of suing is decided through section 15-20.

Section 15-Orignal Juridiction
Section 16-18—Suit in respect of immovable property
Section 19-Suit for movable property
Section 19-Suit for compensation for wrong
Section 20-Other suits(Residuary)

Section 15-Court in which suits to be instituted-Every suit should be filed at the lowest grade of
court competent to try it.
Also, referred to as Original jurisdiction.

Section 16-Suits to be instituted where subject-matter situate-

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This section states that with respect to pecuniary and other limitations prescribed by law, suits in
relation immovable property such as-
(a) recovery of immovable property with or without rent or profits,
(b) partition
(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable
property,
(d) determination of right to or interest in immovable property,
(e)compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or attachment,
Can be instituted in the court under whose jurisdiction the property is situated.
Proviso-A suit to obtain relief respecting, or compensation for wrong to, immovable property
may also be instituted at the place where the property is located or where the defendant resides.

Section 17-Suits for immovable property situate within jurisdiction of different Courts-Where
a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate
within the jurisdiction of different Courts, the suit may be instituted in any Court within the local
limits of whose jurisdiction any portion of the property is situate.
Proviso-value of the subject-matter of the suit, the entire claim is cognizable by such
Court(pecuniary).
For example-a property has half of its boundary in mp and half in Maharashtra, on arrival of a
dispute, the parties may approach either of the courts(in MP or Maharashtra).

Ritu Sharma v Sandeep Sharma-The plaintiff had filed for a suit of partition for 2 properties(one
in Noida and the other in Delhi) in Delhi, and the defendant contended that the court in Delhi does
not have the territorial jurisdiction for the property in Noida. Plaintiff was making a claim under
section 17. The court over here stated that the term property under section 17, shall be assumed to
be properties. Also, if two different suits are instituted in different cities for the same issue, there
might be multiplicity of proceedings and difference of opinion. Therefore, the court stated that the
court in Delhi can handle a suit for both properties.

Section 18-Place of Institution of suit where local limits of jurisdiction of Courts are
uncertain-
(1)If there is uncertainty as to within between two or more courts, in regard to under whose
jurisdiction shall the immovable property situate, any of the courts on ground of uncertainty may
record a statement, and entertain such a suit.
Proviso-Court taking cognisance it should be competent as regards to the nature and value of the
suit.
(2)If a statement is not recorded under sub-section (1), and it has not been challenged at the time of
institution of the suit, the same cannot be challenged in an appellate or revisional court.

Section 19-Suits for compensation for wrongs to person or movables-

When dealing with a suit for compensation for wrong done to person or movable property, the suit
may be instituted in the court with jurisdiction, either where the wrong took place or where the
defendant resides, or works.

Section 20-Other suits to be instituted where defendants reside or cause of action arises-
Subject to all limitations above, a suit can be instituted within the local limits of whose jurisdiction-
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(a) the defendant, or each of the defendants reside or carry on business.
(b) When more than one defendants, it can be done one defendant’s area, if court gives a leave or
other defendants do not object to such a case.
(c) The cause of action, wholly or in part, arises.
Explanation-a corporation shall be deemed to carry on business at its principle office in India, or at
a place where cause of action arises and it has a subordinate office.
Ex:A is a tradesman in Calcutta, B carries on business in Delhi. B, by his agent in Calcutta, buys
goods of A and requests A to deliver them to the East Indian Railway Company. A delivers the
goods accordingly in Calcutta. A may sue B for the price of the goods either in Calcutta, where the
cause of action has arisen, or in Delhi, where B carries on business.
New Moga transport company v. New India Insurance-The case involves a dispute over the
jurisdiction of the Civil Court at Barnala to try a suit filed by United India Insurance Co. Ltd. and
Malwa Cotton Spinning Mills Ltd. The dispute arose from the destruction of goods in transit,
leading to a claim for compensation. The main issue is whether the Court at Barnala had jurisdiction
to hear the case, as the consignment note indicated that the Court at Udaipur had exclusive
jurisdiction. The parties disagreed on the interpretation of the consignment note and the contractual
agreement specifying the jurisdiction, leading to a legal battle over the appropriate jurisdiction for
the trial. The significance of Section 20 of the Code of Civil Procedure lies in its role in determining
the jurisdiction of the Court based on the residence of the defendant or where the cause of action
arises.Contractual agreements can have an impact on the jurisdiction of courts as outlined in Section
20 of the Indian Code of Civil Procedure. However, it is important to note that parties cannot confer
jurisdiction on a court that does not have the authority to handle the matter. Therefore, while
contractual agreements can influence jurisdiction, they cannot override the jurisdictional limitations
set forth in Section 20 of the Code of Civil Procedure.

Harshad Chiman v. DLF Universal-SC stated that section 20 is a residuary position that comes
into play if sections 15-19 do not apply.

Doctrine of forum convenience-Choice to approval a court of convenience.

Doctrine of Dominus Litus- Plaintiff is the master of his own suit.

Section 21-Objection to jurisdiction:

1)No objection with regard to place of suing cannot be taken at appellate court unless it was taken
up by the court at first instance at the earliest possible instance before settlement of issues, or unless
there has been a failure of justice.
2)No Objection with regard to pecuniary limits of jurisdiction cannot be taken up at appellate or
revisional court…as mentioned above.
3)No objection as to the competence of the executing court with reference to local limits of
jurisdiction shall be allowed by appellate…

Section 21A-Bar on suit to set aside decree on objections to place of suing in previous suit.

Transfer of suits:
*Section 22 and 23 allow the defendant to apply for transfer of suits.

Section 22-Power to transfer suits which may be instituted in more than one court-
The defendant may apply to the court for transfer of suit to another court in case a suit may be
instituted in any one of two or more courts.
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Before transfer is ordered under Section 22, following conditions must be satisfied:
1) Notice is given to the other party.
2) The application must be made at earliest possible opportunity either at or before settlement of
issues.
Hearing of Objections:- After Notice is served to the other party, the court must decide that
application of transfer after hearing of objections of the opposite party.

Section 23-To what court application lies-(First commencement rule)*

1. Subordinate to same Appellate Court- Where the several courts having jurisdiction are
subordinate to the same Appellate Court, application shall be made to the Appellate Court.
2. Subordinate to different Appellate Court- Where such courts are subordinate to different
Appellate Court, but to the same High Court, the application shall be made to the said High
Court.
3. Subordinate to different High Courts- Where such courts are subordinate to different High
Courts, the application shall be made to the High Court within the local limits of whose
jurisdiction the court in which the proceedings first commenced is situated.

Factors governing rule of transfer:

1)Balance of convenience
2)Power and duty of the court to ensure fair trial and proper dispensation of justice.
3)Prior notice to the parties(based on the principle of natural justice).

Balance of convenience-
• Convenience or inconvenience of the plaintiff and his right to choose forum.
• Convenience or inconvenience of the defendant.
• Convenience/inconvenience of the witness required for the proper trial of the suit.
• Nature of issues involved in the suit.

Indian Overseas Bank v. Chemical Construction-convenience are relevant factors. It was held
that balance of convenience is prima facie consideration for transfer of a suit. Balance of
convenience is neither convenience of plaintiff alone nor of the defendant alone, but of both.
Convenience of witness required for proper trial of the suit, and the convenience of the particular
place of trial having regard to the nature of the evidence on main points involved in the suit and
doctrine of forum.

Section 24-General power of transfer & withdrawal-

1)On hearing the application of parties and after notice to the parties, the high court or district court
may,
A)Transfer any suit, appeal pending before it for trial or disposal to any court subordinate to it and
competent to try or dispose of the same.
B)withdraw any suit, appeal pending in any court subordinate to it, and
i)try and dispose the same.
ii)transfer the same for trial or disposal to any court subordinate to it
iii)re-transfer the same for trial or disposal to court from which it was withdrawn.
2)The court to which it is transferred under sub section (1) shall try it as per the directions of the
order.
3)a)Additional and assistant judges shall be deemed to be subordinate to district court.
B)proceeding includes a proceeding for execution of decree.
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4)The court trying any suit transferred or withdrawn under this section from a court of small causes
shall, for the purposes of such suit, be deemed to be a court of small causes.
5)A suit or proceeding may be transferred from the court which has no jurisdiction to try it.

Section 25-Power of SC to transfer suits-(1) On the application of a party, and after notice
to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any
stage, if satisfied that an order under this section is expedient for the ends of justice, direct that
any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in
one State to a High Court or other Civil Court in any other State.
(2) Every application under this section shall be made by a motion which shall be supported by an
affidavit.
(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any
special directions in the order of transfer, either retry it or proceed from the stage at which it
was transferred to it.
(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion
that the application was frivolous or vexatious, order the applicant to pay by way of
compensation to any person who has opposed the application such sum, not exceeding two
thousand rupees, as it considers appropriate in the circumstances of the case.
(5) The law applicable to any suit, appeal or other proceeding transferred under this section
shall be the law which the Court in which the suit, appeal or other proceeding was originally
instituted ought to have applied to such suit, appeal or proceeding.

Maneka Gandhi v. Rani Jethmalani-Although the discretionary power of the court to transfer the
cases cannot be imprisoned within a straight jacket of any cast iron formula unanimously applicable
to all situations, nonetheless the power of transfer a case must be exercised with due care and
caution.

Life cycle of a suit:

• Initiation of a suit
• Issuance of notice/summons
• Ex-parte order-if defendant remains absent
• Written statement/without WS order
• Hearing on injunction application(if applicable)
• Framing of issue by court
• List of witness
• Evidence(by both parties)
• Argument by the parties
• Judgement & Decree
• Appeals
• Execution of the decree

Essentials of a suit:
1)Parties-Order I
2)Relief-Order II
3)Cause of Action
4)Subject matter

Institution of a suit:
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Section 26-Institution of suit/Order IV-Institution of suit
Order II-Frame of the suit
Order VI-Pleadings Generally
Order VII-Plaint

Order II-Frame of suit

Rule 1:Frame of suit-Every suit shall be framed to afford ground for decision upon the subjects of
dispute and to prevent further litigation concerning them.
Rule 2:Suit to include the whole claim-1)Every suit shall include the whole of the claim that
which the plaintiff is entitled to in respect of the cause of action. Although, a plaintiff may
relinquish a portion of claim in order to bring the suit within the jurisdiction of any court.
2)Relinquishment of part of claim-Where a plaintiff omits to sue, or intentionally relinquishes, any
portion of his claim, he may not sue in respect of that afterwards.
3)Omission to sue for one of several reliefs-A person entitled to more than one relief in the same
cause of action may sue for all of the reliefs, but if he omits except with the leave of the court, he
may not sue afterwards for the relief omitted.

Example:A lets a house to B at a yearly of rent Rs. 1,200. The rent for the whole of the years 1905,
1906 and 1907 is due and unpaid.A sues B in 1908 only for the rent due for 1906. A shall not
afterwards sue B for the rent due for 1905 or 1907.

Essential of OII Rule 2:

1)The second suit must be on the basis of the same cause of action.
2)The plaintiff was entitled to more then one relief on the basis of that cause of action.
3)The plaintiff omitted to sue for the relief in the earlier suit.
4)Leave of the court is not taken.

*Leave means the permission of the court.

Objective of OII Rule 2:

1)To ensure that no defendant is sued and vexed twice in regard of the same cause of action.
2)To prevent a plaintiff from splitting the claims and remedies based on the same cause of action.

Shankar Sitaram v. Balkrishna Sitaram:The plaintiff filed a suit for partition and separate
possession covering all the properties but abandon certain claim for accounts. He subsequently filed
a suit based on same cause of action to enforce the claim. It was held that the suit is barred by Order
II Rule 2.

Santokh Singh v. Gurbax Singh-Raisng of plea of bar of OII Rule 2 in appeal for the first time is
not permissible.

Rule 3:Joinder of causes of action:1)A plaintiff may unite in the same suit several causes of action
against a defendant or the same defendants jointly, and also any plaintiffs having causes of action in
which they are jointly interested against the same defendant.
2)When causes of action are united, the jurisdiction of the court shall depend upon the amount of
the aggregate subject matters at the date of instituting the suit.

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Rule 7:Objections to misjoinder:All objections on the ground of misjoinder of causes of action
shall be taken at the earliest possible opportunity and, in all cases where issues are settled, at or
before such settlement, unless the ground of objection has subsequently arisen, and any such
objection not so taken shall be deemed to have been waived.

Institution of suits(Section 26/Order IV)-

Section 26-1)Every suit shall be instated by a presentation of a plaint in the manner prescribed.
2)In every plaint, facts shall be proved by a affidavit.

Order IV:
Rule 1:Suit to be commenced by plaint-1)Every suit shall be instituted by presenting a plaint in
duplicate to the court or such officer as it appoints on its behalf.
2)Every plaint shall comply with the rules contained in Orders VI and VII.
3)The plaint shall not be deemed to be instituted until it complies with the above-mentioned sub-
rules.

Rule 2:Register of suits-Court to maintain a book with particulars of every suit and shall be called
as register of civil suits.It shall be numbered each year according to which the plaints are admitted.

Basic requirement for filing a suit

Cause of action-The suit must disclose a valid cause of action which is sine qua non for filing the
suit.

Pleadings(Order VI):
Rule 1:Pleadings are plaint or written statements.
• P. C. Mogha- pleading are statements in writing draw up and filed by each party to a case stating
what his contention will be at trial and giving all such details as his opponents needs to know for
his defence.
• It is the primary process in civil procedure.

Objective of pleadings-Ganesh Trading Co. v. Moji Ram:

1)To give each side, intimation of the case of the other so that they are not taken by surprise.
2)To enable the court to determine the issues between the parties.
3)To diminish expenses and delay in conduct of suits.

Rule 2:Pleadings to state material facts and not evidence-1)Every pleading shall only contain a
statement of material facts in concise form on which the pleading relies for defence or claim, bit not
the evidence by which they are to be proved.
2)Every pleading shall be divided into paragraphs, numbered, each allegation be contained in a
separate paragraph.
3)Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.

General principles of pleadings:

• Pleadings should state facts and not law.
• Pleadings should not state evidence.
• facts to be concise.
• Material facts may be defied as those rights facts which must be proved in order to establish the
rights of the plaintiff to the relief claimed or the defence evidence.
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Facta Probanda-Facts required to be proved(material facts)
Facta probantia-Fcats by means of which they have to be proved(evidence)

Vinod Kumar v. Surjit Kaur-Importance of material facts-A Party must plead all the material
facts on which he relies at the trial. If any material fact is omitted, the statement of claim is bad and
it would mean no pleading and no cause of action for the suit. If material facts are not pleaded, a
court cannot permit to lead evidence.

Doctrine of Variance in Pleading And Proof: It is well established that a party can only bring out
material that supports the argument he pled in his pleading, and that he cannot present evidence that
contradicts his pleading.

Rule 3:Forms of pleadings-The forms in appendix A when applicable, and where they are not
applicable forms of the like character, as nearly as may be , shall be used for all pleadings.

Rule 14:Pleadings to be signed-Every pleading shall be signed by the party and his pleader (if
any): Provided that where a party pleading is, by reason of absence or for other good cause, unable
to sign the pleading, it may be signed by any person duly authorised by him to sign the same or to
sue or defend on his behalf.

Rule 14A:Address for service of notice-1) Every pleading field should be accompanied by a
statement regarding the address.(signed as provided under rule 14)
2)This address may be changed by lodging in a court a form duly filled up stating the new address
of the party and accompanied by a verified petition.
3)The address furnished under sub-rule (1) shall be called as the registered address, for all official
purposes of the suit and for execution and shall hold good, for a period of 2 years after the final
determination of the suit.
4)Service of any process shall be done on this address.
5)Where the registered address of a party is incomplete, false or fictitious, the court may, order-
A)in case address was furnished by a plaintiff, a stay of suit
B)in case address was furnished by defendant, his defence be struck out and he be placed in the
same position as if he had not put up any defence.
6)Post sub-rule (5), he plaintiff or, as the case may be, the defendant may, after furnishing his true
address, apply to the Court for an order to set aside the order of stay or, as the case may be, the
order striking out the defence.
7)The Court, if satisfied that the party was prevented by any sufficient cause from filing the true
address at the proper time, shall set aside the order of stay or order striking out the defence, on such
terms as to costs or otherwise as it thinks fit and shall appoint a day for proceeding with the suit or
defence, as the case may be.
8)The court may also direct the service of process at any other address, if it finds it fit to do so.

Rule 15-Verification of pleadings-1)Every pleading shall be verified at the root by the party or by
one of the parties pleading or by some person proved to the satisfaction of the court to be
acquainted with the facts of the case.
2)The person verifying shall specify, by reference to the numbered paragraphs the pleading, what he
verifies of his own knowledge and what he verifies upon information received and believed to be
true.
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3)The verification shall be signed by the person making it and shall state the date on which and the
place at which it was signed.
4)The person verifying the pleading shall also add an affidavit to support the pleadings.

Rule 17-Amendment of pleadings-The court may during any stage of the proceedings allow either
party to alter or amend his pleadings in a manner which is just, and all such changes shall be
necessary to determine the real question of controversy.
Proviso-No such application for amendment shall be allowed after the trial, unless court comes to
the conclusion that in spite of due diligence , the party could not have raised this before the
commencement of trial.

Objective:(Pirgonda Patil v. Kalgonda Patil)

It is that courts shild try the merits of the case that come before them and should consequently allow
all amendments which may be necessary for deterring the real question in controversy between the
parties provided that it does not cause injustice or prejudice to the other side.

Nrising Prasad v. Steel products-No amendment shall be taken until it does not satisfy the
cardinal rule.

Cardinal test:
1)Amendment is necessary for real question.
2)No injury to other party
3)Does not change the nature of the original suit

Rule 18-Failure to amend after order-If after a party takes a leave to amend, and does not do so in
the time given or if not given, then in 14 days, then he shall not be permitted to amend after such
expiration, unless the time is extended by the court.

Order VII-Plaint:
Rule 1:Particulars to be contained in plaint-a)name of court in which suit is brought
b)name, description, place of residence of plaintiff
c)name, description, place of residence of defendant
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 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.

Rule 2:In money suits-Where the plaintiff seeks the recovery of money, the plaint shall state the
precise amount claimed : But where the plaintiff sues for mesne profits, or for an amount which will
be found due to him on taking unsettled accounts between him and the defendant or for movables in
the possession of the defendant, or for debts of which the value he cannot, after the exercise of
reasonable diligence, estimate, the plaint shall state approximately the amount or value sued for.
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Rule 3:Where the subject-matter of the suit is immovable property-Where the subject-matter of
the suit is immovable property, the plaint shall contain a description of the property sufficient to
identify it, and, in case such property can be identified by boundaries or numbers in a record of
settlement or survey, the plaint shall specify such boundaries or numbers.

Rule 7:Relief to be specifically stated-Every plaint shall state specifically the relief which the
plaintiff claims either simply or in the alternative, and it shall not be necessary to ask for general
or other relief which may always be given as the Court may think just to the same extent as if it had
been asked for. And the same rule shall apply to any relief claimed by the defendant in his
written statement.

Rule 8-Relief founded on separate ground-Where the plaintiff seeks relief in respect of several
distinct claims or causes of action founded upon separate and distinct grounds, they shall be stated
as far as may be separately and distinctly.

Rule 9-Procedure on admitting plaint-Where the Court orders that the summons be served on the
defendants in the manner provided in rule 9 of Order V, it will direct the plaintiff to present as many
copies of the plaint on plain paper as there are defendants within seven days from the date of
such order along with requisite fee for service of summons on the defendants.

Rule 10- Return of plaint-1)Subject to the provisions of rule 10A, the plaint shall at any stage of
the suit be returned to be presented to the Court in which the suit should have been instituted.
(Explanation- a court of appeal may direct after setting aside the decree passed in a suit, the return
of the plaint under this sub-rule.)
2)Procedure on returning plaint-On returning a plaint, the Judge shall endorse thereon the date of
its presentation and return, the name of the party presenting it, and a brief statement of the
reasons for returning it.

Rule 10A-Power of court to fix a date of appearance in the court where plaint is to be filed
after its return-1)Where in a suit, after the defendant has appeared, and the court is of the opinion
that the plaint should be returned, it shall intimate such a decision to the plaintiff.
2)The plaintiff may make an application after such intimation-
a)specifying the court in which he proposes to present the plaint after its return.
b)pray that the court may fix a date for the appearance of the parties in the said court
C)request that the notice of date fixed may be given to him and the defendant.
3)where an application is made by the plaintiff under sub-rule 3, the Court shall, before returning
the plaint and notwithstanding that the order for return of plaint was made by it on the ground that it
has no jurisdiction to try the suit-
(a) fix a date for the appearance of the parties in the Court in which the plaint is proposed to
be presented, and
(b) give to the plaintiff and to the defendant notice of such date for appearance.
4)Where the notice of the date for appearance is given under sub-rule (3),—
(a) it shall not be necessary for the Court in which the plaint is presented after its return, to
serve the defendant with a summons for appearance in the suit, unless that Court, for reasons to be
recorded, otherwise directs, and

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(b) the said notice shall be deemed to be a summons for the appearance of the defendant in the
Court in which the plaint is presented on the date so fixed by the Court by which the plaint was
returned.
5)Where the application was made under sub rule 2 and is allowed by the court, the plaintiff shall
not be entitled to appeal against the order retuning the plaint.

Rule 11:Rejection of plaint-A plaint can be rejected-

• No cause of action
• Relief claimed is undervalued and the plaintiff, on being required by the Court to correct the
valuation within a time to be fixed by the Court, fails to do so.
• where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently
stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper
within a time to be fixed by the Court, fails to do so.
• Suit appears to be barred by law
• Where it is not filed in duplicate
• Where the plaintiff fails to comply with provisions of rule 9.
Proviso-this extension of time to correct valuation or supplying of requisite stamp paper shall not be
extended unless the court, is satisfied that the plaintiff was prevented form doing so due to an
exceptional nature and refusal to extend time, would cause grave injustice to the plaintiff.

Rule 12:Procedure on rejecting plaint-Where a plaint is rejected the judge shall give reasons for
that order.

Rule 13:Where rejection of plaint does not preclude presentation of fresh plaint-Rejection of a
plaint under the ground given above, does not bar the plaintiff to insatiate a fresh suit with the same
cause of action.

Rule 14:Production of document on which plaintiff sues or relies-1)Where a plaintiff sues upon
a document or relies upon document in his possession or power in support of his claim, he shall
enter such documents in a list, and shall produce it in Court when the plaint is presented by him and
shall, at the same time deliver the document and a copy thereof, to be filed with the plaint.
2)here any such document is not in the possession or power of the plaintiff, he shall, wherever
possible, state in whose possession or power it is.
3)Any document which is not presented with the plaint, shall not be received as evidence except for
the leave of the court.
4)Nothing in this rule shall apply to document produced for the cross-examination of the plaintiffs
witnesses, or handed over to a witness merely to refresh his memory.

Order I-Parties to suits

Rule 1:Who may be joined as plaintiffs-All persons may be joined in one suit as plaintiffs-
A)any right to relief arising out of the same act or series of acts is alleged to exist in such persons,
whether jointly or in the alternative.
B)if such persons brought separate suits, any common question of law or fact would arise.

Rule 2:Power of court to order separate trial-When it appears to the court that joinder of
plaintiffs may embarrass or delay the suit, the court may allow the plaintiffs to the election or order
separate trials.
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Rule 3:Who may be joined as defendants-All persons may be joined in one suit as defendants-
(Same as rule 1)

Rule 3A:Power to order seprate trials where joinder of defendants may embarrass or delay
the trial:Where it appears to the Court that any joinder of defendants may embarrass or delay the
trial of the suit, the Court may order separate trials or make such other order as may be expedient in
the interests of justice.
The difference between rule 2 and 3A is that in rule 2 the plaintiff has a choice to opt for a separate
trial, but in case of rule 3a, that power only rests with the court.

Rule 8:One person may sue or defend on behalf of all in same interest-1)When there are
numerous persons having the same interest in one suit-
A)One or more of such persons may with the permission of the court, sue or be sued, on behalf of
all persons interested.
B)The court may direct that one or more of such persons may sue or be sued, on behalf of all
persons so interested.
2)The court when giving a permission under sub-rule 1, at the plaintiff’s expense, give notice of the
institution of the suit to all persons interested.
3)Any person on whose behalf, a suit is instituted, under sub-rule 1, may apply to the court to be
made as a party to the suit.
4)No part of the claim in any such suit shall be abandoned under sub-rule (1), and no such suit shall
be withdrawn under sub-rule (3), of rule 1 of Order XXIII, and no agreement, compromise or
satisfaction shall be recorded in any such suit under rule 3 of that Order, unless the Court has given,
at the plaintiff’s expense, notice to all persons so interested in the manner specified in sub-rule (2).
5)Where any person suing or defending in a suit of this character does not proceed with due
diligence in the suit, the court may substitute his place to any other person having same interest.
6)A decree passed shall be biding on all persons on whose behalf the suit is fought.

Rule 8A:Power of Court to permit a person or body of persons to present opinion or to take
part in the proceedings-While trying a suit, the Court may, if satisfied that a person or body of
persons is interested in any question of law which is directly and substantially in issue in the suit
and that it is necessary in the public interest to allow that person or body of persons to present
his or its opinion on that question of law, permit that person or body of persons to present such
opinion and to take such part in the proceedings of the suit as the Court may specify.

Rule 9:Misjoinder and non-joinder-No suit shall be defeated by reason of the misjoinder or
non-joinder of parties, and the Court may in every suit deal with the matter in controversy so far as
regards the rights and interests of the parties actually before it.
*Proviso-this does not apply to non-joinder of a necessary party.

Misjoinder-When mistakenly a party was added to the suit is misjoinder. That means when a party
was added but he doesn’t have to do anything with the present issue then it considered to be
misjoinder.
Non-joinder-When a party is necessary to the suit and he was not added to the suit, then it is a non-
joinder.

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Ramesh Hiranand v. Municpal corporation of Bombay-interpreted the difference between
proper and necessary party:
Proper party-A proper party is one in whose absence an effective order can be made but whose
presence is necessary for a complete and final decision on the question involved in the proceeding.
Necessary party-A necessary party is one without whom no order can be made effectively.There is
Right to Relief against such a party. It will not be possible for court to pass an effective decree

Khetrabasi Biswal v. Ajaya Kumar Bansal-If a necessary party is not joined, its absence shall be
fatal to the suit and it will be liable to be dismissed. Its defect cannot be cured in any manner. The
decree passed in absence of a necessary party will be a nullity or null or void, being violative o
principles of natural justice.

Rule 10-Suit in the name of wrong plaintiff-1)If a suit has been instituted in the name of a wrong
plaintiff or where it doubtful whether the right plaintiff has instituted the suit, the court at any stage,
if it is a bonfire mistake, and necessary for determination of real matter of dispute, allow any other
person to be substituted or added as the plaintiff.
2)Court may strike out or add parties-The court at any stage on either application or on its own,
remove a party improperly joined or add a party necessary for proper adjudication of issues.
3) No person shall be added as a plaintiff suing without a next friend or as the next friend of a
plaintiff under any disability without his consent.
*Next friend-any person who attained majority and can secure the interests of the person concerned.
4)Where a defendant is added, the plaint shall, unless the Court otherwise directs, be amended in
such manner as may be necessary, and amended copies of the summons and of the plaint shall be
served on the new defendant and, if the Court thinks fit, on the original defendant.
5)Subject to limitation act, proceedings against any person newly added as a defendant shall be
deemed to have begun only on service of summons.

Rule 13-Objections as to non-joinder or misjoinder-All objections on the ground of non-joinder

or misjoinder of parties shall be taken at the earliest possible opportunity and, in all cases where
issues are settled, at or before such settlement, unless the ground of objection has subsequently
arisen, and any such objection not so taken shall be deemed to have been waived.

Order V-Issue and service of summons:

Section 27-Summons to defendants-When a suit has been duly instituted, a summons to issued to
defendants within 30 days from the institution of the suit.

Section 28-Service of summons where defendant resides in another state-1)A summons may be
sent for service in another State to such Court and in such manner as may be prescribed by rules in
force in that State.
2)The court to which such summons is sent, shall proceed as if it had issued the summon, and return
the summons to the court of issue along with the record if any.
3)Where the language of the summons sent for service in another State is different from the
language of the record referred to in sub-section (2), a translation of the record-
(a) in Hindi, where the language of the Court issuing the summons is Hindi, or
(b) in Hindi or English where the language of such record is other than Hindi or English, shall also
be sent together with the record sent under that sub-section.

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Rule 1:Summons-1)When a suit has been instituted and summons has been issued to the defendant,
he has to appear and answer the claim and also file the written statement of his defence, within
thirty days from the date of service of summons that defendant.
Proviso-no summons to be issued if a defendant has appeared at the presentation of the plaint and
admitted the claim of plaintiff.
Proviso further-if the defendant fails to file a written statement within 30 days, he shall be be
allowed to file it on other day, for reasons recorded in writing, but which shall not ber later than 90
days from the date of service of summons.
2)The defendant to whom a summon has been served may appear in person, by a pleader instructed
and able to answer all questions, or a pleader accompanied by some person able to answer all
questions.
3)Every summons shall be signed by judge or officer appoint by him, and selaed by the court.

Rule 2:Copy of plaint annexed to summons

Rule 3:Court may order defendant or plaintiff to appear in person-1)Where the court requires
personal appearance of the defendant, the summons shall have the date mentioned.
2)Where the Court sees reason to require the personal appearance of the plaintiff on the same day, it
shall make an order for such appearance.

Rule 7:Summons to order defendant to produce documents relied on by him-The summons to

appear and answer shall order the defendant to produce all documents or copies thereof specified in
rule lA of Order VIII in his possession or power upon which he intends to rely in support of his
case.

Rule 9:Delivery of summons by the court:1)Where the defendant resides in the jurisdiction of the
court, the summon shall be given ti the proper officer, to be given by him to defendant or one of his
subordinates or to such courier services as approved by the court.
2)The proper officer will be a officer of court and shall deliver the summons as per the instructions
of the court.
3)The service of summons may be made by delivering a copy by registered post
acknowledgement due(RPAD),speed post, a courier service approved by the HC, or any other
means such as mail or fax.
4)When a defendant lies outside the jurisdiction of the court, there service of summons may be sent
to him as per sub-rule except for RPAD, and provisions of rule 21 shall not apply.
5)When an acknowledgement or any other receipt signed by the defendant or his agent received by
the court or postal article that the summon is received back by the court that the defendant refused
to take delivery of the postal article containing summons…the court shall assume that the
summons has been duly served.
Proviso-Provided that where the summons was properly addressed, pre-paid and duly sent by
RPAD the declaration referred to in this sub-rule shall be made notwithstanding the fact that the
acknowledgment having been lost or mislaid, or for any other reason, has not been received by the
Court within thirty days from the date of issue of summons.
6)HC or district judge, shal prepare a panel of courier agencies for purposes of sub-rule 1.

Rule 9A-Summons given to plaintiff for service-1)In addition to rule 9, on the application of the
plaintiff for the issue of a summons for the appearance of the defendant, permit such plaintiff to

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effect service of such summons on such defendant and shall, in such a case, deliver the summons to
such plaintiff for service.
2)The service of such summons shall be effected by or on behalf of such plaintiff by delivering or
tendering to the defendant personally a copy thereof signed by the Judge or such officer of the
Court as he may appoint in this behalf and sealed with the seal of the Court or by such mode of
service as is referred to in sub-rule (3) of rule 9.
3)The provisions of rules 16 and 18 shall apply to a summons personally served under this rule as if
the person effecting service were a serving officer.
4)Court can re-issue summon on application by the party, if there is no acknowledgement to the
prior summon.

Rule 17:Procedure when defendant refuses to accept service, or cannot be found-When the
defendant refuses to sign the acknowledgment or when the serving officer cannot after all
reasonable diligence cannot find the defendant, who is absent from his residence within a
reasonable time, and no agent to accept service on his belief, the serving officer shall affix a copy
of the summons on the outer door of where the defendant resides, and shall return the original to
the court, with a report, mentioning the circumstances under which he did so.

Rule 20:Substituted service-1)Where the court has a reason to believe that the defendant is
keeping out for the reason of avoiding service of summon, or that the summons cannot be served in
the ordinary way, the court shall order the summons to be served by affixing a copy in some
conspicuous place in the court house, and also his house in which the defendant last resided.
1A)It can also be done through an advertisement in a newspaper(it should be circulating in the
locality where the defendant last resided).
2)Service substituted shall be as effectual as if made personally to the defendant.
3)Where the service is substituted, the court shall fix time for appearance of the defendant as the
case may require.

Order VIII-Written statement, set off and counter-claim

Rule 1:Written statement-The defendant shall within 30 days from the date of service of summons
on him, present a WS.
Proviso-If he is not able to do so within 30 days, he has to seek permission for extension, but this
has to be done within 90 days from the date of service of suit summon on him.

Rule 1A:Duty of defendant to produce documents upon which relief is claimed or relied upon
by him-1)Where a defendant bases his defence upon a document or relies upon document in his
possession or power in support of his defence or claim for set-off or counter claim, he shall enter
such documents in a list, and shall produce it in Court when the WS is presented by him and shall,
at the same time deliver the document and a copy thereof, to be filed with the plaint.
2)Where any such document is not in the possession or power of the defendant, he shall, wherever
possible, state in whose possession or power it is.
3)Any document which is not presented with the WS, shall not be received as evidence except for
the leave of the court.
4)Nothing in this rule shall apply to document produced for the cross-examination of the plaintiffs
witnesses, or handed over to a witness merely to refresh his memory.

Rule 6:Particulars of set-off to be given in WS-1)Where in a suit for recovery of money the
defendant claims to set-off against the plaintiff’s demand any ascertained sum of money recoverable
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by him from plaintiff, which should exceed pecuniary limits of the court, for which the defendant
shall at the first hearing of the suit, but not afterwards, present a WS containing set off of the debt.
Exception-A set off may be permitted later but only after the leave of the court.
2)Effect of set off-The WS shall have the same effect as a plaint in a cross-suit so as to enable the
court to pronounce a final judgement in respect of both the original claim and set off, but this shall
not effect the lien, upon the amount decreed, of any pleader in respect of the cost payable to him
under the decree.
3)The rules relating to WS by a defendant apply to WS in answer to a claim of set-off.

The difference between set off and counter claim, is that under set off the defendant accepts to the
claim, but states that even the plaintiff owes him some money, and that he should clear his part as
well. Whereas, under counter claim, the defendant totally denies the plaintiff’s claim and states that
it is the plaintiff who entirely owes defendant and not otherwise.

Rule 6A:Counter-claim by defendant-1)A defendant along with sett off, also by way of counter-
claim, claim any right in respect of a cause of action against the plaintiff either before or after filing
the suit but before the defendant has delivered his defence or before the time limited for delivering
the defence has expired, whether such counter-claim is in the nature of a claim for damages or not.
Proviso-Counter-claim should be in pecuniary limits.
2)Such counter-claim shall have the same effect as a cross-suit so as to enable the Court to
pronounce a final judgment in the same suit, both on the original claim and on the counter-claim.
3)the plaintiff has the liberty to file a WS in answer to counter claim, within the period fixed by
court.
4)The counter-claim shall be done in accordance with rules of plaint.

Rule 6B:Counter-claim to be stated-Defendant to state grounds on which he is relying to support

his claim under WS.

Rule 6C:Exclusion of counter-claim-Where a defendant sets up a counter-claim and the plaintiff

contends that the claim thereby raised ought not to be disposed of by way of counter-claim but in an
independent suit, the plaintiff may, at any time before issues are settled in relation to the counter-
claim, apply to the Court for an order that such counter-claim may be excluded, and the Court may,
on the hearing of such application make such order as it thinks fit.

Rule 6D:Effect of discontinuance of suit-If in any case in which the defendant sets up a
counterclaim and later, the suit of the plaintiff is stayed, discontinued or dismissed, the counter-
claim will still be proceeded with.

Rule 6E:Default of plaintiff to reply to counter-claim-If the plaintiff makes default in putting in a
reply to the counter-claim made by the defendant, the Court may pronounce judgment against the
plaintiff in relation to the counter-claim made against him, or make such order in relation to the
counter-claim as it thinks fit.

Rule 6F:Relief to defendant where counter-claim succeeds-Where in a suit, a set off or counter-
claim is established as a defence against the plaintiff’s claim and any balance is found due to the
plaintiff or the defendant, as the case may be, the Court may give judgment to the party entitled to
such balance.

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Rule 6G: Rules relating to written statement to apply-The rules relating to a written statement
by a defendant shall apply to a written statement filed in answer to a counter-claim.

Rule 10:Procedure when party fails to present written statement called for by Court-Where
any party from whom a WS is required under rule 1 or rule 9 fails to present the same within the
time fixed by the Court, the Court shall pronounce judgment against him, or make such order in
relation to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be
drawn up.
Provided further that no Court shall make an order to extend the time provided under Rule 1
of this Order for filing of the written statement.

Order IX-Appearance of parties & consequence of non-appearance

Rule 1:Parties to appear on day fixed in summons for defendant to appear and answer-On the
day fixed in the summons for the defendant to appear and answer, the parties shall attend court in
person or through pleaders, unless hearing has been adjourned.

Rule 2:Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay
costs-If the summon is not served due to the failure of plaintiff to pay costs for the same or court
fee, or failure to present copies of plaint as per OVII Rule 9, then the court may dismiss the suit.
Proviso-no such order shall be made, if notwithstanding such failure, the defendant attends in
person or by agent when he is allowed to appear by agent on the day fixed for him to appear and
answer.

Rule 3:Where neither party appears suit to be dismissed

Rule 4:Plaintiff may bring fresh suit or court may restore suit to file-Where a suit is dismissed
under rule 2 or 3, the plaintiff may(subject to limitation law) bring a fresh suit or apply for dismissal
of such order, and if it satisfies the court that there was sufficient cause for non-appearance, the
court shall make an order setting aside dismissal.

Rule 5:Dismissal of suit where plaintiff after summons returned unserved, fails for 7 days to
apply for fresh summons-1)If summons has been returned without being served, and the plaintiff
fails to within 7 days of the retun, apply for fresh summons to court, the court shall dismiss the suit,
unless the plaintiff within the said period has satisfied the court that-
• He has failed after his best efforts to discover the residence of the defendant.
• Defendant is avoiding service
• There is any other sufficient cause for extending time.
In which case the court may extend the time for making such application.

Rule 6:Procedure when only plaintiff appears-1)When the plaintiff appears and defendant does
not, then-
a)In case summons were served-Ex parte hearing
B)Summons not served-court shall direct second summons to be issued.
c)When summons served but not in due time-if it is proved that the summons was served
on the defendant, but not in sufficient time to enable him to appear and answer on the day fixed in
the summons, the Court shall postpone the hearing of the suit to a future day to be fixed by the
Court, and shall direct notice of such day to be given to the defendant.

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2)Where it is owing to the plaintiff’s default that the summons was not duly served or was not
served in sufficient time, the Court shall order the plaintiff to pay the costs occasioned by the
postponement.

Rule 7:Procedure where defendant appears on day of adjourned hearing and assigns good
cause for previous non-appearance-Where the Court has adjourned the hearing of the suit, ex
parte, and the defendant, at or before such hearing appears and assigns good cause for his previous
non-appearance, he may, upon such terms as the Court directs as to costs or otherwise, be heard in
answer to the suit as if he had appeared on the day fixed for his appearance.
Arjun Singh v. Mahindra Kumar-O9 Rule 7 is directed to ensure orderly conduct of proceedings
by penalising improper dilatoriness calculated merely to prolong the litigation.

Rule 8:Procedure where defendant only appears-Where the defendant appears and the plaintiff
does not appear when the suit is called on for hearing, the Court shall make an order that the suit be
dismissed, unless the defendant admits the claim, or part thereof, in which case the Court shall pass
a decree against the defendant upon such admission, and where part only of the claim has been
admitted, shall dismiss the suit so far as it relates to the remainder.

Rule 9:Decree against plaintiff by default bars suit-1)Where a suit is wholly or partly dis-
missed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same
cause of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court
that there was sufficient cause for his non-appearance when the suit was called on for hearing, the
Court shall make an order setting aside the dismissal upon such terms as to costs or otherwise as it
thinks fit, and shall appoint a day for proceeding with the suit.
(2) No order shall be made under this rule unless notice of the application has been served on the
opposite party.

Rule 10:Procedure in case of non-attendance of one or more of several plaintiff’s-Where there

are more plaintiffs than one, and one or more of them appear, and the others do not appear, the
Court may, at the instance of the plaintiff or plaintiff’s appearing, permit the suit to proceed in the
same way as if all the plaintiff’s had appeared, or make such order as it thinks fit.

Rule 11:Procedure in case of non-attendance of one or more of several defendants-Where there

are more defendants than one, and one or more of them appear, and the others do not appear, the
suit shall proceed, and the Court shall, at the time of pronouncing judgment, make such order as it
thinks fit with respect to the defendants who do not appear.

Rule 12:Consequence of non-attendance, without sufficient cause shown, of party ordered to

appear in person-Where a plaintiff or defendant, who has been ordered to appear in person, does
not appear in person, or show sufficient cause to the satisfaction of the court for failing so to appear,
he shall be subject to all provisions of the foregoing rules applicable to plaintiffs and defendants,
respectively who do not appear.

Rule 13:Setting aside decree ex parte against defendant-In any case in which a decree is passed
ex parte against a defendant, he may apply to the Court by which the decree was passed for an order
to set it aside; and if he satisfies the Court that the summons was not duly served, or that he
was prevented by any sufficient cause from appearing when the suit was called on for hearing,

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the Court shall make an order setting aside the decree as against him upon such terms as to costs,
payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit.
Proviso- that where the decree is of such a nature that it cannot be set aside as against such
defendant only it may be set aside as against all or any of the other defendants also.
Provided further than no Court shall set aside a decree passed ex parte merely on the ground that
there has been an irregularity in the service of summons, if it is satisfied that the defendant had
notice of the date of hearing and had sufficient time to appear and answer the plaintiff's claim.
Explanation-Where there has been an appeal against a decree passed ex parte under this rule, and
the appeal has been disposed of an any ground other than the ground that the appellant has
withdrawn the appeal, no application shall lie under this rule for setting aside that ex parte decree.

Rule 14-No decree to be set aside without notice to opposite part-No decree shall be set aside on
any such application as aforesaid unless notice thereof has been served on the opposite party.

Order XI:Discovery and inspection

Section 30-Power to order discovery and the like-Subject to such conditions and limitations as
may be prescribed, the Court may, at any time, either of its own motion or on the application of any
party,—
(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and
answering of interrogatories, the admission of documents and facts, and the discovery, inspection,
production, impounding and return of documents or other material objects producible as evidence;
(b) issue summonses to persons whose attendance is required either to give evidence or to
produce documents or such other objects as aforesaid;
(c) order any fact to be proved by affidavit.

Section 32- Penalty for default-The Court may compel the attendance of any person to whom a
summons has been issued under section 30 and for that purpose may—
(a) issue a warrant for his arrest;
(b) attach and sell his property;
(c) impose a fine upon him not exceeding 5000
(d) order him to furnish security for his appearance and in default commit him to the civil
prison.

Rule 1:Discovery by interrogatories-In any suit the plaintiff or defendant by leave of the Court
may deliver interrogatories in writing for the examination of the opposite parties or any one or more
of such parties and such interrogatories when delivered shall have a note at the foot thereof stating
which of such interrogatories each of such person is required to answer.
Proviso- that no party shall deliver more than one set of interrogatories to the same party without
an order for that purpose.
Provided also that interrogatories which do not relate to any matters in question in the suit shall be
deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a
witness.

Rule 4:Form of interrogatories-Interrogatories shall be in Form No. 2 in Appendix C, with such

variations as circumstances may require.
Rule 6:Objections to interrogatories by answer-Any objection to answering any interrogatory on
the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or

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that the matters inquired into are not sufficiently material at that stage, or on the ground of
privilege or any other ground , may be taken in the affidavit in answer.

Rule 7:Setting aside and striking out interrogatories-Any interrogatories may be set aside on the
ground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that
they are prolix, oppressive, unnecessary or scandalous.
Any application for this purpose may be made within 7 days after service of the interrogatories.

Rule 8:Affidavit in answer, filing-Interrogatories shall be answered by affidavit to be filed within

10 days or within such other time as the Court may allow.

Rule 9:Form of affidavit in answer-Form no. 3 in appendix C

Rule 12:Application for discovery of document-Any party may, without affidavit, apply to
the Court for an order directing any other party to any suit to make discovery on oaths, of the
documents which are or have been in his possession or power, relating to any matter in question
therein. On the hearing of such application the Court may either refuse or adjourn the same, if
satisfied that such discovery is not necessary, or not necessary at that stage of the suit, or make such
order, either generally or limited to certain classes of documents, as may, in its discretion be thought
fit.
Proviso-discovery shall not be ordered when and so far as the Court shall be of opinion that it is not
necessary either for disposing fairly of the suit or for saving costs.

Rule 13:Affidavit of documents-The affidavit to be made by a party against whom such order as is
mentioned in the last preceding rule has been made, shall specify which (if any) of the documents
therein mentioned he objects to produce, and it shall be in Form No. 5 in Appendix C, with such
variations as circumstances may require.

Rule 14:Production of documents-It shall be lawful for the Court, at any time during the pendency
of any suit, to order the production by any party thereto, upon oath, of such of the documents in his
possession or power, relating to any matter in question in such suit, and court may deal with them in
the manner as it shall be just.
Rule 15:Inspection of documents referred to in pleadings or affidavits-Every party to a suit
shall be entitled at or before the settlement of issues to give notice to any other party, in whose
pleadings or affidavits reference is made to any document, or who has entered any document in any
list annexed to his pleadings, to produce such document for the inspection of the party giving such
notice, or of his pleader, and to permit him or them to take copies thereof; and any party not
complying with such notice shall not afterwards be at liberty to put any such document in evidence
on his behalf in such suit unless he shall satisfy the Court that such document relates only to his
own title, he being a defendant to the suit, or that he had some other cause or excuse which the
Court shall deem sufficient for not complying with such notice, in which case the Court may allow
the same to be put in evidence on such terms as to costs and otherwise as the Court shall think fit.

Rule 16:Notice to produce-Form No. 7 in Appendix C

Order XIV-Settlement of issues and determination of suit on issues of law or on issues agreed
upon

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Rule 1:Framing of issues-1)Issues arise when a material proposition of fact or law is affirmed by
the one party and denied by the other.
2)Material propositions arc 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.
3)Each such material proposition shall form the subject of each distinct issue,
4)Two types of issue-fact and law
5)At the first hearing of the suit the Court shall, after reading the plaint and the written statements if
any, and after examination under rule 2 of Order X and after hearing the parties or their pleaders,
ascertain upon what material propositions of fact or of law the parties are at variance, and shall
thereupon
proceed to frame and record the issues on which the right decision of the case appears to depend.
6)When defendant does not make defence, court to not make issues.

Naseer Usmani v. Anwar Jahan-Necessary issues ought to be framed by the trial court in order to
determine rights of the parties.

Rule 2:Court to pronounce judgement on all issues-1)Court to pronounce judgement on all

issues.
2)Where issues both of law and of fact arise in the same suit, and the Court is of opinion that the
case or any part thereof may be disposed of on an issue of law only, it may try that issue first if the
issue relates to—
(a) the jurisdiction of the Court, or
(b) a bar to the suit created by any law for the time being in force.
And for this purpose may postpone the settlement of other issues.

Rule 3:Materials from which issues may be framed-The court may frame issues from all of the
following materials-
• Allegation made on oath by the parties
• Allegation in pleadings or interrogatories
• Contents of documents produced by either party.

Rule 5:Power to amend and strike out, issues-1)The Court may at any time before passing a
decree amend the issues or frame additional issues on such terms as it thinks fit, and all such
amendments or additional issues as may be necessary for determining the matters in controversy
between the parties shall be so made or framed.
(2) The Court may also, at any time before passing a decree, strike out any issues that appear to it to
be wrongly framed or introduced.

Order XVI-Summoning & Attendance of witnesses

Section 31- Summons to witness-The provisions in sections 27, 28 and 29 shall apply to
summonses to give evidence or to produce documents or other material objects.

Rule 1:List of witnesses and summons to witnesses-1)On or before such date as the Court may
appoint, and not later than 15 days after the date on which the issues are settled, the parties shall
present in Court a list of witnesses whom they propose to call either to give evidence or to produce
documents and obtain summonses to such persons for their attendance in Court.
2)Application to be filed with purpose for filing a summon for witness.
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3)The Court may, for reasons to be recorded, permit a party to call, whether by summoning through
Court or otherwise, any witness, other than those whose names appear in the list referred to in sub-
rule (1), if such party shows sufficient cause for the omission to mention the name of such witness
in the said list.
4)Summons for witnesses may be obtained by parties within 5 days of presenting the list of
witnesses.

Rule 1A:Production of witnesses without summons-A Subject to the provisions of sub-rule (3) of
rule 1, any party to the suit may, without applying for summons under rule 1, bring any witness to
give evidence or to produce documents.

Rule 5:Time, place and purpose of attendance to be specified in summons

Rule 7:Power to require persons present in court to give evidence or produce document-Any
person present in court may be required to give evidence or produce any document in possession.

Rule 7A:Summons given to the party for service-1)Court may on application of party, allow
party to serve summons for attendance of any person , by themselves.
2)The service of such summons shall be effected by or on behalf of such party by delivering or
tendering to the witness personally a copy thereof signed by the Judge or officer of court with seal.
3)Provisions of OV Rule 16&18 to apply if person effecting service was a serving officer.
4)If person refuses, or summon cannot be served, then on application of party, court can issue re-
summons.
5)Where a summons is served by a party under this rule, he shall not be required to pay fees.

Rule 8:Summons how served-Every summon except the one given under 7A, shall follow rules of
order V.

Rule 10:Procedure when witness fails to comply with summons-1)Where a person has been
issued either to attend to give evidence or to produce a document, fails to attend or to produce the
document in compliance with such summons, the Court—
(a) shall, if the certificate of the serving officer has not been verified by the affidavit, or if service
of the summons has affected by a party or his agent, or
(b) may, if the certificate of the serving officer has been so verified,
examine on oath the serving officer or the party or his agent, as the case may be, who has effected
service, or cause him to be so examined by any Court, touching the service or non-service of the
summons.(examine the serving officer to see if summon was served).
2)Where the Court sees reason to believe that such evidence or production is material, and that such
person has, without lawful excuse, failed to attend or to produce the document in compliance with
such summons or has intentionally avoided service, it may issue a proclamation requiring him to
attend to give evidence at a time and place to be named therein; and a copy of such proclamation
shall be affixed on the outer door or other conspicuous part of the house in which he ordinarily
resides.
3) In lieu of or at the time of issuing such proclamation, or at any time afterwards, the Court may, in
its discretion, issue a warrant, either with or without bail, for the arrest of such person, and may
make an order for the attachment of his property to such amount as it thinks fit, not exceeding the
amount of the costs of attachment and of any fine which may be imposed under rule 12.
Proviso-No court of small causes can order for attachment of immovable property.
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Rule 11:If witness appears attachment may be withdrawn-1)Where, at any time after the
attachment of his property, such person appears and satisfies the Court,—
(a) that he did not, without lawful excuse, fail to comply with the summons or intentionally avoid
service, and,
(b) where he has failed to attend at the time and place named in a proclamation issued under the
last preceding rule, that he had no notice of such proclamation in time to attend,
the Court shall direct that the property be released from attachment, and shall make such order as to
the costs of the attachment as it thinks fit.

Rule 12:Procedure if witness fails to appear-1)he Court may, where such person does not appear,
or appears but fails so to satisfy the Court, impose upon him such fine not exceeding 500 rupees
as it thinks fit, having regard to his condition in life and all the circumstances of the case, and
may order his property, or any part thereof, to be attached and sold or, if already attached under rule
10, to be sold for the purpose of satisfying all costs of such attachment, together with the amount of
the said fine, if any:
Proviso- if the person whose attendance is required pays into Court the costs and fine aforesaid, the
Court shall order the property to be released from attachment.
2)Notwithstanding that the Court has not issued a proclamation under sub-rule (2) of rule 10, nor
issued a warrant nor ordered attachment under sub-rule (3) of that rule, the Court may impose fine
under sub-rule (1) of this rule after giving notice to such person to show cause why the fine should
not be imposed.

Order XVI-A-Attendance of witnesses confined or detained in prisons

Rule 1:Definitions-
Detained-Detained under law for preventive detention.
Prison-i)any place which has been declared by the State Government, by general or special order,
to be a subsidiary jail; and
(ii) any reformatory, borstal institution or other institution of a like nature.

Rule 2:Power to require attendance of prisoners to give evidence-Where it is necessary, court

may make an order requiring the officer in charge of prison to produce the person.
Proviso-If distance from prison to court is more than 25 KM, then such order shall not be made
unless court its satisfied that the examination is necessary.

Rule 6:Prisoner to be brought to court in custody-The officer in charge of the prison shall, upon
delivery of the Court’s order, cause the person named therein to be taken to the Court so as to be
present at the time mentioned in such order, and shall cause him to be kept in custody in or near the
Court until he has been examined or until the Court authorises him to be taken back to the prison
in which he is confined or detained.

Rule 7:Power to issue commission for examination of witness in prison-1)Where examination of

confined person is necessary, and such person cannot be called in attendance, the court may issue a
commission for examination of the person.
2)Provisions of order XXVI(26) shall apply in relation to examination in prison.

Order XVII-Adjournment
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Rule 1:Court may grant time and adjourn hearing-1)he court may, if sufficient cause is shown,
at any stage of the suit grant time to the parties or to any of them, and may from time to time
adjourn the
hearing of the suit for reasons to be recorded in writing:
Provided that no such adjournment shall be granted more than three time to a party during hearing
of the suit
2)Cost of adjournment- In every such case the Court shall fix a day for the further hearing of the
suit, and shall make such orders as to costs occasioned by the adjournment or such higher costs as
the court deems fit:
(a) when the hearing of the suit has commenced, it shall be continued from day-to-day until all
the witnesses in attendance have been examined, unless the Court finds that, for the exceptional
reasons to be recorded by it, the adjournment of the hearing beyond the following day is necessary.
(b) no adjournment shall be granted at the request of a party, except where the circumstances are
beyond the control of that party,
(c) the fact that the pleader of a party is engaged in another Court, shall not be a ground for
adjournment,
(d) where the illness of a pleader or his inability to conduct the case for any reason, other than his
being engaged in another Court, is put forward as a ground for adjournment, the Court shall not grant
the
. adjournment unless it is satisfied that the party applying for adjournment could not have engaged
another pleader in time,
(e) where a witness is present in Court but a party or his pleader is not present or the party or his
pleader, though present in Court, is not ready to examine or cross-examine the witness, the Court
may, if it thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing
with the examination-in-chief or cross-examination of the witness, as the case may be, by the party or
his pleader not present or not ready as aforesaid.

Order XVIII-Hearing of the suit & examination of witnesses

Rule 1: Right to begin-The plaintiff has the right to begin unless the defendant admits the facts
alleged by the plaintiff and contents that either in point of law or on some additional facts alleged
by the defendant the plaintiff is not entitled to any part of the relief which he seeks, in which case
the defendant has the right to begin.

Rule 2:Statement & production of evidence-1)On the day fixed for the hearing of the suit or on
any other day to which the hearing is adjourned, the party having the right to begin shall state his
case and produce his evidence in support of the issues which he is bound to prove.
2)The other party shall then state his case and produce his evidence (if any) and may then address
the Court generally on the whole case.
3)The party beginning may then reply generally on the whole case.
3A)Any party may address oral arguments in a case, and shall, before he concludes the oral
arguments, if any, submit if the Court so permits concisely and under distinct headings written
arguments in support of his case to the Court and such written arguments shall form part of the
record.
3B)A copy of such written arguments shall be simultaneously furnished to the opposite party.
3C)No adjournment shall be granted for the purpose of filing the written arguments unless the
Court, for reasons to be recorded in writing, considers it necessary to grant such adjourment.
3D)The Court shall fix such time-limits for the oral arguments by either of the parties in a case, as it
thinks fit.

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Rule 4:Recording of evidence-(1) In every case, the examination-in-chief of a witness shall be on
affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for
evidence.
Provided that where documents are filed and the parties rely upon the documents, the proof and
admissibility of such documents which are filed along with affidavit shall be subject to the orders of
the Court.
(2) The evidence (cross-examination and re-examination) of the witness in attendance, whose
evidence (examination-in-chief) by affidavit has been furnished to the Court, shall be taken either
by the Court or by the Commissioner appointed by it.
Provided that the Court may, while appointing a commission under this sub-rule, consider taking
into account such relevant factors as it thinks fit.

Rule 11:Questions objected to and allowed by Court-Where any question put to a witness is
objected to by a party or his pleader, and the Court allows the same to be put, the Judge shall take
down the question, the answer, the objection and the name of the person making it, together with
the decision of the Court thereon.

Order XX
Section 33-Judgment and decree-The Court, after the case has been heard, shall pronounce
judgment, and on such judgment a decree shall follow.

Section 34-Interest-(1) Where and in so far as a decree is for the payment of money, the Court may,
in the decree, order interest at such rate as the Court deems reasonable to be paid on the principal
sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged
on such principal sum for any period prior to the institution of the suit, with further interest at such
rate not exceeding 6% per annum as the Court deems reasonable on such principal sum], from the
date of the decree to the date of payment, or to such earlier date as the Court thinks fit:
Provided that where the liability in relation to the sum so adjudged had arisen out of a commercial
transaction, the rate of such further interest may exceed six per cent. per annum, but shall not
exceed the contractual rate of interest or where there is no contractual rate, the rate at which moneys
are lent or advanced by nationalised banks in relation to commercial transactions.
Explanation I.—In this sub-section, “nationalised bank” means a corresponding new bank as
defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of
1970).
Explanation II.—For the purposes of this section, a transaction is a commercial transaction, if it is
connected with the industry, trade or business of the party incurring the liability.]
(2) Where such a decree is silent with respect to the payment of further interest on such principal
sum from the date of the decree to the date of payment or other earlier date, the Court shall be
deemed to have refused such interest, and a separate suit therefor shall not lie.

Rule 1:Judgement when pronounced-1)The Court, after the case has been heard, shall pronounce
judgment in an open Court, either at once, or as soon thereafter as may be practicable and when the
judgment is to be pronounced on some future day, the Court shall fix a day for that purpose, of
which due notice shall be given to the parties or their pleaders.
Provided that where the judgment is not pronounced at once, every endeavour shall be made by the
Court to pronounce the judgment within thirty days from the date on which the hearing of the case
was concluded but, where it is not practicable so to do on the ground of the exceptional and
extraordinary circumstances of the case, the Court shall fix a future day for the pronouncement of
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the judgment, and such day shall not ordinarily be a day beyond sixty days from the date on which
the hearing of the case was concluded, and due notice of the day so fixed shall be given to the
parties or their pleaders.
2)Where a written judgment is to be pronounced, it shall be sufficient if the findings of the Court
on each issue and the final order passed in the case are read out and it shall not be necessary for
the Court to read out the whole judgment .
3)The judgment may be pronounced by dictation in open Court to a shorthand writer if the Judge is
specially empowered by the High Court in this behalf.
Provided that, where the judgment is pronounced by dictation in open Court, the transcript of the
judgment so pronounced shall, after making such correction therein as may be necessary, be signed
by the judge, bear the date on which it was pronounced, and form a part of the record.

Balraj Taneja v. Sunil Madan-The process of reasoning by which the Court came to a particular
conclusion and decreed or dismissed the suit should clearly be reflected in the judgment.

Rule 3:Judgement to be signed-The judgment shall be dated and signed by the Judge in open
Court at the time of pronouncing it and, when once signed, shall not afterwards be altered or
added, to save as provided by section 152 or on review.

Rule 5:Court to state its decision on each issue-In suits in which issues have been framed, the
Court shall state its finding or decision, with the reasons therefor, upon each separate issue, unless
the finding upon any one or more of the issue is sufficient for the decision of the suit.

Rule 6:Contents of decree.—(1) 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.
(2) The decree shall also state the amount of costs incurred in the suit, and by whom or out of what
property and in what proportions such costs are to be paid.
(3) The Court may direct that the costs payable to one party by the other shall be set off against any
sum which is admitted or found to be due from the former to the latter.

Rule 6B:Copies of judgments when to be made available-Where the judgment is pronounced,

copies of the judgment shall be made available to the parties immediately after the pronouncement
of the judgment for preferring an appeal on payment of such charges as may be specified in the rule
made by the High Court.

Preliminary decrees:
Rule 12:Decree for possession and mesne profits
Rule 12A:Decree for specific performance of contract for the sale or lease of immovable
property
Rule 13:Decree in administration suit
Rule 14:Decree in pre-emption suit
Rule 15:Decree in suit for dissolution of partnership
Rule 16:Decree in suit for account between principal and agent
Rule 17:Special directions as to accounts
Rule 18:Decree in suit for partition of property or separate possession of a share therein.

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Order XXA:Costs

Section 35-Costs-1) Subject to such conditions and limitations as may be prescribed, and to the
provisions of any law for the time being in force, the costs of an incident to all suits shall be in the
discretion of the Court, and the Court shall have full power to determine by whom or out of what
property and to what extent such costs are to be paid, and to give all necessary directions for the
purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the
exercise of such powers.
(2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons
in writing.
Rule 1:Provisions relating to certain limits-Without effecting to the provisions of this Code
relating to costs, the Court may award costs in respect of,—
(a) expenditure incurred for the giving of any notice required to be given by law before the
institution of the suit;
(b) expenditure incurred on any notice which, though not required to be given by law, has been
given by any party to the suit to any other party before the institution of the suit;
(c) expenditure incurred on the typing, writing or printing of pleadings filed by any party;
(d) charges paid by a party for inspection of the records of the Court for the purposes of the suit;
(e) expenditure incurred by a party for producing witnesses, even though not summoned through
Court; and
(f) in the case of appeals, charges incurred by a party for obtaining any copies of judgments and
decrees which are required to be filed along with the memorandum of appeal.

Rule 2:Costs to be awarded in accordance with the rules made by High Court

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