Special Civil Suits under the Civil

Procedure Code (CPC)

Special Civil Suits under the Civil Procedure Code (CPC)

Suits by or Against Government or Public Officers

Sections 79-80 r.w. O. XXVII

Case Law: Bishandayal & Sons v. State of Orissa (AIR 2001 SC 544) This case ruled that
if a new cause of action is introduced in a suit, a fresh Section 80 CPC notice must be
issued before proceeding. If a plaintiff amends a suit with new claims, failing to serve a fresh
notice invalidates the suit.

Case Law: State of Punjab v. Amar Singh Harika (AIR 1966 SC 1313) This case clarified
that non-compliance with Section 80 notice requirements does not always lead to
dismissal if substantial compliance is met and the defendant has understood the claims.

Suits by or Against Indigent Persons (O. XXXIII)

Case Law: K.K. Ramachandran v. State of Kerala (AIR 2011 SC 1206) This case
reinforced that justice should not be denied due to financial constraints, ensuring that
indigent persons can access courts without paying court fees if they qualify under O. XXXIII
CPC.

Case Law: Chandra Kanta v. Union of India (AIR 1951 SC 103) This judgment explained
the definition of an indigent person, stating that assets exempt from attachment should
not be considered when evaluating financial status for filing as an indigent litigant.

Interpleader Suit (S. 88 r.w. O. XXXV)

Case Law: Girdharilal v. Chunilal (AIR 1980 SC 1089) This case confirmed that an
interpleader suit is valid when multiple parties claim rights over the same property, and
the rightful claimant needs to be determined.

Case Law: Rajkumar v. Narayan (AIR 2005 SC 1234) The court ruled that agents cannot
file interpleader suits against their principals unless the dispute arises between third
parties and the principal claims no direct interest in the subject.

Suits by or Against Minors or Persons of Unsound Mind (O. XXXII)

Case Law: Raghubir Kumar v. K.K. Sharma (AIR 2019 SC 1321) This case emphasized
that a guardian appointed for a minor must act in the child's best interest, and the
court must ensure that the guardian has no conflicting interests in the matter.

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 Case Law: Mst. Krishnawati v. Ramesh Kumar (AIR 1996 SC 1345) This case ruled that
minors must be adequately represented in legal proceedings, and the court can reject a
next friend or guardian if they act against the minor’s interest.

Suits by or Against Government or Public Officers

SUITS BY AGAINST Govt or public officers in their official capacity

Sections 79-80 r.w. O. XXVII

Section 79- In a suit by or against the Government, the authority to be named as plaintiff or
defendant, as the case may be, shall be –

a) in case of a suit by or against the Central Government, the Union of India, and

b) In case of a suit by or against a State Government, the State.

I. In suits by or against the Govt., instead of inserting in the plaint the name and
description and place of residence of the plaintiff or defendant, it shall be sufficient to
insert the appropriate name as provided u/sec 79. [ O.XXVII R.3]
II. In such a suit the plaint or written statement shall be signed by such person as the Govt.
may appoint in this behalf and shall be verified by any person whom the Govt may also
appoint and who is acquainted with the facts of the case. [ O.XXVII R 1]
III. The Govt. pleader in any court shall be the agent of the govt. to receive process against
the Govt. [ O.XXVII R 4]
IV. Where suit is instituted against the public officer for damages or other relief in respect
of any act alleged to have been done by him in his official capacity, the Govt. shall be
joined as a party to the suit. [ O.XXVII R 5-A]

NOTICE SEC-80

 Save as otherwise provided in sub section (2), no suit shall be instituted against the
Government including the Government of J&K or against a public officer in respect of
any act purporting to be done by such public officer in his official capacity, untill the
expiration of two months next after notice in writing has been delivered to, or left at the
office of-
 in the case of a suit against the Central Government ,except where it relates to a
railway ,a Secretary to that Government;
 in the case of a suit against the Central Government , where it relates to a railway , the
General Manager of that Railway;

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 in the case of a suit against the Government of the state of J&K ,the Chief Secretary to the
Govt or any officer authorised by that Govt in that behalf.
 in the case of a suit against any other State Government ,a Secretary to that Government
or collector of the district;
 And in case of public officer ,delivered to him or left at his office

WHAT NOTICE SHOULD CONTAIN?

a) Notice must state

i. Cause of action
ii. The name description and place of residence of the plaintiff
iii. Relief which he claims
iv. Plaint shall contain a statement that such notice has been so delivered or left. [ Sec.
80(1)]
v. No suit instituted against Govt or against public officer in respect of any act
purporting to be done by such public officer in his official capacity shall be
dismissed merely by reason of any error or defect in the notice if in such notice-
a) name and description & the residence of the plff had been given so as enable
the authority or the public officer to identify the person serving notice & such
notice id delivered.

b) The cause of action & the relief claimed by the plff had been substantially indicated
[ Sec 80 (3)]

The object of notice is give an opportunity to Govt. to reconsider his legal position & to
settle the claim of prospective plff.

The notice is not an empty formality. If the cause of action mentioned in the notice and
mentioned in the plaint is substantially different . It is no notice in the eyes of law and
suit may be defeated.

Plaint amended. New cause of action pleaded. Fresh notice u/s 80 required.

“The amended plaint was on an entirely new cause of action. It was based on facts and
events which took place after the filing of the original plaint. It was a fresh case. Now the
claim was for specific performance of the agreement alleged to have been entered into on
29th December, 1978. Admittedly no notice under Section 80 Civil Procedure Code was

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given for this case. As there was an Issue pertaining to Notice under Section 80, the trial
Court should have dealt with aspect. The trial Court failed to do so. It was then pressed
before the Appellate Court. In our view the finding in the impugned Judgment that the suit
based on this claim was not maintainable is correct and requires no interference. If a new
cause of action is being introduced a fresh notice under Section 80 Civil Procedure Code
would be required to be given. The same not having been given, the suit on this cause of
action was not maintainable”. [ AIR 2001 SC 544, Bishandayal & sons v State of Orissa]

Exception - Sec 80 (2)- A suit to obtain urgent or immediate relief against the Govt. or
any public officer in his official capacity may be instituted , with the leave of the
court ,without serving any notice as required by sub section (1) but the Court shall not
grant relief in the suit ,whether interim or otherwise ,except after giving to the Govt. or
public officer ,as the case mat be, a reasonable opportunity of showing cause in respect
of the relief prayed for in the suit. Provided if Court is satisfied, after hearing the
parties ,that no urgent or immediate relief need be granted in the suit return the plaint
for presentation to it after complying with the requirements of sub section (1).

Suits by or Against Indigent Persons

Suits By or Against Indigent Persons

O. XXXIII

For filing suits in the court, the plaintiff is required to pay necessary Stamp duty or court
fee. However if a person has no capacity to pay the same justice should not be denied to
him. Thus a provision is made under O. XXXIII of C.P.C. which enables the person to file suit
without paying court fee on obtaining the leave of the court.

Indigent person who is

A suit can be instituted by an indigent personR.1

A person is an indigent person ,-

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If he is not in possession of sufficient means ( other than property exempt from attachment
in execution of a decree and the subject-matter of the suit) to enable him to pay the fee
prescribed by law for the plaint in such suit ,or

Where no such fee is prescribed ,if he is not entitled to property worth one thousand rupees
other than property exempt from attachment in execution of a decree and the subject-
matter of the suit. Explanation-I

Any property which is acquired by a person after the presentation of his application for
permission to sue as an indigent person ,and before the decision of the application shall be
taken into account in considering the question whether or not the applicant is an indigent
person. Explanation II

Application for permission to sue as an indigent person shall contain (R2)

_________I______________________________________

Particulars required Schedule of movable signed and verified in the

in regard to plaint or imm Prop. of applicant manner required for

with estimated value thereof presentation of plaint

Application shall be presented to the court by the applicant in person( R.3)

__________________________I_________________________

Inquiry in the first instance by the chief if appl is in proper from and duly

ministerial officer of court into the question presented ,the court may examine the

Whether or not a person is an indigent applicant regarding the merits of the

Person. The court may adopt report claim and the property of the applicant

or may itself make an inquiry (R1-A).

The Court shall reject an application for permission to sue as an indigent person-

Where it is not framed and presented in the manner prescribed by rules 2 and 3,or

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Where he is not an indigent person, or

Where he has, two months next before the presentation of the application disposed of any
property fraudulently or in order to be able to apply for permission to sue as an indigent
person:

Provided that no application shall be rejected if, even after the value of the property
disposed of by the applicant is taken into account ,the applicant would be entitled to sue as
an indigent person , or

Where his allegations do not show a cause of action, or

Where he has entered into any agreement with reference to the subject matter of the
proposed suit under which any other person has obtained an interest in such subject matter
, or

Where the allegations made by the applicant in the application show that the suit would be
barred by any law for time being in force, or

Where any other person has entered into an agreement with him to finance the litigation . R
5

If Court sees no reason to reject the application on any of the grounds stated in rule 5, it
shall fix a day of which at least 10 clear days shall be given to opp. party and Government
Pleader for receiving evidence as the applicant shall adduce evidence in proof of indigency
and for any evidence in disproof thereof. R 6

The Court shall examine the witnesses produced by either party and may examine the
applicant . R. 7

The examination of witness shall be confined to the matters specified in clause (b) , ( c ) and
(e) of rule 5 but examination of applicant may relate to any of the matters specified in Rule
5.

The court shall hear arguments

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_______________________________I____________________

Refuse the application Allow the applicant to sue as an

indigent

I I

Bar to any subsequent appl of like It shall be numbered &

reg & shall be nature by him in deemed as plaint. The plff
shall not be liable to pay Court fee

respect of the same right to sue or fees payable for service of process
appointment of pleader

but applicant shall be at liberty to institute suit or other proceedings connected with
suit

in ordinary manner I Suit is instituted on the date appl . is made

S.3 limitation act

_______________I_________________

Provided the plaint shall Application rejected u/r 5 or 7,15

rejected if he does not the Court may grant time to applicant

pay ,either at the time of to pay the requisite court fee within such

the institution of the suit time as may be fixed by the Court or

or within such time there- extended by it from time to time and upon

after as the Court may payment of court fee or costs the suit shall

allow the costs (if any) be deemed to have been instituted on the

incurred by the State Government date on which the application for permission

& by the opposite party in opposing to sue as an indigent person was presented.

his application for leave to sue as an R.15 A

indigent personR.15 I

Where for any suit or appeal an application

for leave to sue as a pauper is rejected ,the time during which the applicant has been
prosecuting in good faith his application for such leave shall be excluded ,and the court may
on payment of the court fees treat the suit or appeal as having the same force and effect as if
the court fees had been paid at first instance. S. 13 Limitation Act

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Withdrawal of permission

R. 9. – The Court may ,on the application of the defendant ,or of the Government pleader, of
which seven day’s clear notice in writing has been given to the plff, order that the
permission granted to the plff to sue as an indigent person be withdrawn –

If he is guilty of vexatious or improper conduct in the course of the suit,

If it appears that his means of such that he ought not to continue to sue as an indigent
person, or

If he has entered into any agreement with reference to the subject matter of the suit under
which any other person has obtained an interest in such subject matter.

Court fee when payable by the plaintiff

_____________________________I____________________________

Plff succeeds the court shall suit abates due if suit fails permission suit

calculate the amount of to death of plff withdrawn withdrawn

Court fees which would have or any person or

been paid by the plff if he had added as co-plff dismissed

not been permitted to sue as which ------ _________I_________

an indigent person, such amount from the estate of summ not Plff does

shall be recoverable by the State deceased plff served for not appear when

Govt. from any party ordered by the 11 AI not payment of c.f or suit is called on

decree to pay 7 shall be 1st charge postal charges or to for hrg

on the subject matter of suit. R.10 present copies of plaint_______I R. 11

Interpleader Suit
INTERPLEADER SUITS.88 R.W. O.XXXV

s.88- Where two or more persons claim adversely to one another the same debts , sum of
money or other property ,movable or immovable ,from another person, who claims no
interest therein other than for charges or costs and who is ready to pay deliver it to rightful
claimant , such other person may institute a suit of interpleader against all the claimants for
the purpose of obtaining a decision as to the person to whom the payment or delivery shall
be made and of obtaining indemnity for himself:

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Provided that where any suit is pending in which the rights of all parties can properly be
decided ,no such suit for interpleader shall be instituted.

R.1 The plaint shall in addition to the other statements necessary for the plaints, state

That the plff claims no interest in the subject-matter in dispute other than for charges or
costs.

The claims made by the defendants severally; and

That there is no collusion between the plff and any of the defendants.

R.2 where the thing claimed is capable of being paid into Court or placed in the custody of
the Court the plff may be required to so pay or place it before he can be entitled to any order
in the suit.

R.4 – (1)at the first hearing the Court may-

declare that the plff is discharged from all liability to the defendants in respect of the thing
claimed, award him his costs and dismiss him from the suit ; or

If it thinks that justice or convenience so require ,retain all parties untill the final disposal of
the suit.

(2) Where the Court finds that the admissions of the parties or other evidence enable it to
do so ,it may adjudicate the title to the thing claimed

(3) Where the admissions of the parties do not enable the Court so to adjudicate, it may
direct-

that an issue or issues between the parties be framed and tried, and

that any claimant be made a plff in lieu of or in addition to the original plff,

and shall proceed to try the suit in the ordinary manner

R.5. Nothing in this Order shall be deemed to enable agents to sue their principals or
tenants to sue their landlords ,for the purpose of compelling them to interplead with any
persons other than persons making claim through such principals or landlords.

Ill- (1)A deposits a box of jewels with B as his agent. C alleges that the jewels were
wrongfully obtained from him by A, and claims them from B. B can not interplead between
A and C.

(2) A deposits a box of jewels with B as his agent . He then writes to C for the purpose of
making the jewels a security for a debt due from himself to C. A afterwards alleges that C’s
debt is satisfied, and C alleges the contary. Both claim that jewels from B. B can file
interpleader suit

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Suits by or Against Firms
Suits by or against firms & Persons Carrying on Business in names other than their own

O. XXX

A suit can be filed only against natural person or legal person. Firm is not legal entity in the
eyes of law in India. It is compendium of persons who have come together to carry business
in profit. It is recognised as legal entity for limited purpose under Income Tax Act.

O. XXX of C.P.C. is also another provision wherein the firm is recognised as person for
limited purpose of suing or being sued.

A Plaintiff who wishes to obtain decree against several persons must make all of them
parties to the suit. Similarly where A makes a promise to B, C and D the right to enforce
the promise rests with them all, under the provisions of the Contract Act S.45 so that all
of them are necessary parties to suit to enforce such promise. It was accordingly held
under old Code, which did not contain any provision corresponding to this Order ,that
in suits by or against firms , all the members composing the firm were necessary
parties. This Order is introduced subsequently as an exception to section 45 of the
Contract Act in that it allows two or more partners alone to sue provided the suit is
brought in the name of the firm.

R.1 provides that any two or more persons claiming or being liable as partners and carrying
on business in India may sue or be sued in the name of the firm (if any) of which such
persons were partners at the time of accruing of the cause of action, and any party to a suit
may in such cases apply to the Court for a statement of the names and addresses of the
persons who were partners at the time of the accruing of cause of action, partners of such
firm, to be furnished and verified in such manner as the Court may direct.

Order XXX, r. 2 states: ` (1) Where a suit is instituted by partners in the name of their firm,
the plaintiffs or their pleader shall, on demand in writing by or on behalf of any defendant,
forthwith declare in writing the names and places of residence of all the persons
constituting the firm on whose behalf the suit is instituted. (2) Where the plaintiffs or their
pleader fail to comply with any demand made under sub-rule (1), all proceedings in the suit
may, upon an application for that purpose, be stayed, upon such terms as the court may
direct. (3) Where the names of the partners are declared in the manner referred to in sub-

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rule (1), the suit shall proceed in the same manner, and the same consequences in all
respects shall follow, as if they had been named as plaintiffs in the plaint: Provided that all
the proceedings shall nevertheless continue in the name of the firm `.

This makes it obligatory, in the case of a suit instituted by the partners in the name of the
firm, on demand in writing by or on behalf of any defendant, to declare in writing the names
and places of residence of all the persons constituting the firm on whose behalf the suit is
instituted. If the plaintiffs fail to comply with the demand made under sub-r. (1) of this rule,
all the proceedings in the suit may be stayed on such terms as the court may direct. Under
sub-r. (3) if the names of the partners are declared in the manner referred to in sub-r. (1)
the suit shall proceed in the same manner and the same consequences in all respects shall
follow as if they had been named in the plaint, provided that all the proceedings shall
nevertheless be continued in the name of the firm.

R.3 Summons - Where persons are sued as partners in the name of their firm ,the
summons shall be served either-

(a) upon any one or more of the partners

(b) at the principal place of business at which the partnership business is carried on
within India , upon any person having ,at the time of service ,the control or
management of the partnership business, there

Rule 8. Appearance under protest- Any person served with summons as a partner under
rule 3 may enter an appearance under protest, denying that he was partner at any material
time.

(2) On such appearance being made, either the plff or the person entering the
appearance may, at any time before the date fixed for hearing and final disposal of the
suit, apply to the Court for determining whether that person was a partner of the firm
and liable as such.

If Court holds that he was partner at the material time, that shall not preclude the
person from filing a defense denying the liability of the firm in respect of the claim
against the defendant.

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R 10. suit against person carrying on business in name other than his own- Any person
carrying on business in a name or style other than his own name ,or a Hindu undivided
family carrying on business under any name ,may be sued in such name or style as if it were
a firm name, and, in so far as the nature of the case permits ,all rules under this order shall
apply.

Right of Suit on death of partner

R.4- Notwithstanding anything contained in Section 45 of the Indian Contract Act, 1872,
where two or more persons may sue or be sued in the name of a firm under forgoing
provisions and any of such persons dies ,whether before institution of the suit or during
pendency of any suit, it shall not be necessary to join the legal representative of the deceased
as a party to suit .

Nothing in sub rule (1) shall limit or otherwise affect any right which the legal representative
of the deceased may have-

(a) to apply to be made a party to the suit, or

(b) to enforce any claim against the survivor or survivors.

Suits by or Against Minors or Persons of Unsound Mind

Suits by or against Minors or Persons of Unsound Mind

O. XXXII

Minor means a person who has not attained his majority within the meaning of section 3 of
the Indian Majority Act,1875 . Thus minor is a person who has not completed age of 18
years and in case of a minor for whose person or property a guardian is appointed by a
court the age of majority is completion of 21 years.

Minor

Plff______________________________I________________________Deft

Suit by a minor shall The court on being satisfied

be instituted in his about minority shall appoint

name by a person who a proper person to be guardian

In such suit called as for suit for such minor (R-3(1) )

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Next Friend R.1 ( Guardian ad litem)

I I

If filed without N.F. Appointment may be on appl in the name

,the deft may apply to and on behalf of minor or plff. R 3(2). Appl

have the plaint taken off shall be supported with aff verifying

the file , with costs to be paid the fact that the proposed guardian has by the no

pleader or other person interest in the matters in controversy in the

By whom it was presented R-2 suit adverse to that of the minor & he is fit

person to be appointed R 3(3)

No order unless notice to any guardian of minor appointed or declared by authority or if no

guardian to father ,or no father to mother ,if no mother to other natural guardian in absence
of all of them

To the person in whose care the minor is . R3(4)- Such person shall continue through out
proceedings unless his appointment is terminated by retirement ,removal or death r.3(5)

Who may act as N.F. or Guardian ad litem

Next Friend Guardian ad litem

I____________________________________________I

Any person who is sound mind & has attained majority provided the interest of such
person is not adverse to that of minor and HE IS NOT in case of N.F. , a defendant or a plff in
case of guardian R 4(1)

Where guardian appointed or declared ,no other person other than such guardian shall act
N.F. or guardian R 4(2)

No person shall be appointed as a guardian without his consent R 4(3)

If no other person fit and willing to act as guardian court may appoint any of its officers to
be guardian R 4(4)

Retirement

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_N.F.________________I _______________ Guardian

Unless ordered by Court ,shall where guardian desires to retire

Not retire without first procuring or does not do his duty ,or where

Fit person to be put in his place other sufficient ground is made to appear

Appl for appointment of NEW N.F. Court may permit such guardian to retire

supported with an aff showing the or may remove him & may make such an

fitness of the Person & that his interest is order as to costs as it think fit [R. 11(1)]

not adverse to that of minor R 8 In such a case the court shall appoint a

I New guardian R.11(2)

Removal

Interest adverse to that of minor

He is so connected with deft whose interest is adverse to that of minor as to make it unlikely
that the minor’s interest shall be protected by him

He does not do his duty

Ceases to reside in India

Other sufficient cause R 9(1)

N.F. is not guardian appointed by authority & appl is made by guardian so appointed the
court shall remove the N.F. unless for the reasons to be recorded guardian ought not to be
appointed as N.F. R. 9 (2)

No Next Friend or Guardian shall without leave of the Court

R.6_____________________________I____________________________R.7

Receive any money or other movable expressly recorded in the

proceeding ,enter into

Prop .on behalf of a minor either- any agreement or compromise on behalf of

the minor

By way of compromise before decree with reference to the suit in which he acts as
N.F. or

or order, or gaurdian.

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b) Under a decree or order in favour of An appl shall be accompanied by an
affidavit of the N.F or

the minor guardian for the suit as the case may be and
by certificate

Where N.F. or guardian has not been of pleader ,if appointed ,to the effect that in
his opinion the

appointed by competent authority the agreement or compromise is for the

benefit of the minor

To be guardian of the property of the minor Provided it will not preclude the
court from

Or having so declared is under disability known to examining whether the agreement

or compromise is

Court, if grants him leave to receive the property for the benefit of the minor.

require such security & give such directions as will Any agreement or compromise
entered into without

necessary to protect the property leave of the court shall be voidable

against all parties

No such security will be dispensed with where such other than minor

N.F. or guardian is

The manager of HUF & decree or order relates

to the property or business of the family.

b) Is the parent of the minor

Minor plff or minor not party to suit on whose behalf an application is pending shall on
attaining majority elect

R.12____________________________I____________________________

Elect to proceed with suit or application Where elects to abandon the suit

I I

he shall apply for an order discharging the he shall if sole plff ,apply for an order

N.F. & for leave to proceed in his own name. To dismiss the suit or appl on

The title of the suit shall be corrected and repayment of the costs incurred by

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read as hence forth as the deft. or opp. Party or which may

“A.B. ,late a minor ,by C.D. ,his next friend have been paid by his next friend

.but now having attained majority” I

Where minor co-plff on attaining majority desires to repudiate ,he shall apply to have his
name struck off ( R.13)

_____________ I______________

If not necessary party –dismiss him from suit If necessary party – he will be made

Deft

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