CODE OF CIVIL PROCEDURE

UNIT – I
Provisions of CPC on place of suing (10 and 6)

Introduction
The expression 'place of suing' signifies the venue for the trial. The same has nothing to do
with the competency of the court. Whenever the suit is brought before the court the first
question is to determine is whether the court has a jurisdiction to deal with the matter. If the
court has all these (territorial, pecuniary, or subject matter jurisdiction then only the court
has the power to deal with the case. In the case, if the court does not have any of the above-
mentioned factors then it will be considered as lack of jurisdiction or the irregular exercise of
jurisdiction. when the court who does not have jurisdiction decide the case and give decision
then such decision will be considered as void or voidable depending upon the different
circumstances.

Pecuniary jurisdiction
Section 15 of the Code of Civil Procedure, 1908 provides that a suit must be instituted in the
court of the lowest grade which is competent to try it. This rule being of a procedural nature
does not affect the jurisdiction of the courts. Thus, as the Nagpur Bench of the Bombay High
Court observed in the case of Gopal v. Shamrao (1941), a decree passed by a higher court
cannot be said to have been passed without jurisdiction. The two-fold objective of Section 15
has been provided hereunder:
1. Reduce burdens of the higher courts;
2. Afford convenience to the parties and witnesses who may be called for examination in
such suits.

The issue arises:- who will determine the value of the suit?
Ordinarily, the plaintiff makes the valuation of the suit for the purpose of determining the
pecuniary jurisdiction of the court unless it prima facie appears to the court that the
valuation was not done correctly. When the court finds that the valuation was either done
overvalued or undervalued, then the valuation will be done by the Court and the court will
direct the party to approach the appropriate forum. The jurisdiction of the court is decided
by the plaintiff valuation but not the amount for which decree is passed.

Let’s us understand from an example, if the court has a pecuniary jurisdiction of Rs 15000
and the suit for recovery of accounts is filed on the valuation of suit done by the plaintiff.
The valuation was of Rs 15000. Later the courts find that Rs 20000 is due, in this case, the
court is not deprived of its jurisdiction to pass a decree for that amount.

It is the valuation done by the plaintiff to determine the jurisdiction of the court. But this
does not mean that the plaintiff is set free to file for any arbitrary value and to choose the
court in which he wants to file a suit.

When the court finds that valuation is done improperly for the purpose of avoiding the
jurisdiction of the appropriate court, the court may require the plaintiff to prove that
valuation was done in a proper manner. The jurisdiction of a court under Section 15 is
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determined by the plaintiff's valuation in the plaint and not the amount for which the decree
will be finally passed by the court.

Territorial jurisdiction
In order to discuss territorial jurisdiction of a court, the four types of suits that are to be
considered are:
1. Suits in respect of the immovable property (Sections 16-18);
Section 16 states that the suit related to immovable property shall be instituted where
such immovable property is situated. It talks about the institution of the suit with respect
to:-
 Recovery of immovable property with or without profit or rent
 Partition of immovable property
 Foreclosure, sale or redemption in case of charge or mortgage upon immovable
property
 Compensation for a wrong caused to immovable property
 Determination of any interest or rights related to immovable property
 Recovery of movable property under attachment or distraint, for all the above-
mentioned purpose.

When the suit is filed for the relief or compensation for wrong caused to immovable
property held, by a defendant or any other person on the behalf of a defendant, where
the relief can be obtained through his personal attendance then suits may be instituted
in a court within whose local jurisdiction:-
• the property is situated, or
• the defendant voluntarily and actually resides or carries on business or personally for
gains.

Section 17:-Cases in which the immovable property is situated within the local limits of
the jurisdiction of different courts.
When the suit is filed for obtaining the compensation or relief for the wrong caused to
immovable property situated within the jurisdiction of two or more courts, the suit may
be filed in any court within whose local jurisdiction a portion of the property is situated.
But in respect for the value of subject matter of the suit, the entire claim is cognizable by
such court.

Section 18:- A place of an institution when the jurisdiction of courts is uncertain

When there is uncertainty with regards to the local limits of the jurisdiction of courts,
and
any of the courts has satisfied that there is a ground for uncertainty, record the
statement
and may proceed with the case to entertain and dispose of the case. The decree passed
by such court will have the same effect as if the property was situated within the local
limits of its jurisdiction.

In a case where the court taking the cognizance of case does not record the statement
and
objection is brought before Appellate or Revisional Court, the Appellate or Revisional
court
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shall not allow the objections unless it is satisfied that at the time of institution of suit
there was no reasonable ground for uncertainty as regards to jurisdiction of Court and
there has been a failure of justice.

2. Suits in respect of the movable property (Section 19);

When Applicable: Where the suit is for the wrong caused to the person or property.
Conditions:
1. If the wrong was done within the local limits of the jurisdiction of one court; and
2. The defendant voluntarily resides or carries on his business or works for personal gain
within the local limits of the jurisdiction of another court then the plaintiff has an option
to file at either court.

Example: A, residing in Delhi, beats B in Bangalore. B may institute the suit either in Delhi or
Bangalore.

3. Other suits to be instituted where defendants reside or cause of action arises (Section
20)

When Applicable: When there is a breach of contract or commercial transactions

Conditions:
• If the breach of contract was done or cause of action arises within the local limits of the
jurisdiction of one court ; And
• Defendant voluntarily resides, carries on his business or works for personal gains within the
local limits of the jurisdiction of another court the plaintiff has an option to file at either
court

Example: C is a tradesman in Bangalore, D carries on business in Hyderabad. D, by his agent

in Bangalore, buys goods from C and requests C to deliver them to Amarchand Company. C
delivers the goods in Bangalore accordingly. C may sue for the price of goods either in
Bangalore where the cause of action arises or in Hyderabad where D carries on his business.

1. Jurisdiction as subject matter of suite. (6)

A court cannot entertain and adjudicate an issue which does not fall within its competency
as to competency over the matter. Thus, the Presidency Small Causes Court does not have
jurisdiction to try suit, for specific performance of a contract, partition of immovable
property for closure or redemption of a mortgage, etc. Similarly, in respect of testamentary
matters, divorce cases, probate proceedings, the Court of District Judge has exclusive
jurisdiction.

Subject-matter jurisdiction denotes the court's authority or capacity to decide on problems

based on their nature. Different courts have been given the authority to decide on various
forms of lawsuits, taking into account the multiplicity of situations. Suits involving insolvency,
probate, divorce, and other similar matters, for example, cannot be decided by a court of
civil judge of the junior division. If a court lacks jurisdiction over the subject matter of action,
the decree or judgment issued by the court is null and void.
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Conditions for applicability of doctrine of res-subjudice and Res

judicata (10)
1. Doctrine of Res Sub Judice (Case Pending)
Res Sub Judice (Latin for "a matter under judgment") refers to a principle in law that
prohibits the simultaneous litigation of the same issue in more than one court or forum. The
doctrine aims to prevent a situation where two courts are considering the same issue at the
same time, which could lead to conflicting decisions and inefficiency.
Key Features and Conditions for Applicability:
 Same Matter: The subject matter of the pending case and the new case must be the same
or substantially the same. This means that the cause of action in both the cases should be
identical. If the subject matter or the legal issue differs, Res Sub Judice would not apply.
 Same Parties: The parties involved in both the suits must be the same or have a
significant identity in terms of their interests. It is not strictly necessary for every
individual to be identical, but generally, the parties must be closely connected or directly
affected by the outcome of the case.
 Pending Case: There must be a case already pending before a competent court. Res Sub
Judice only applies when the matter is in the process of judicial consideration and has not
been decided yet.
 Jurisdiction: The court where the case is pending must have competent jurisdiction over
the subject matter and the parties involved. If the case is pending in a court without
jurisdiction, this principle does not apply.
 No Final Judgment Yet: The matter must be still under adjudication, i.e., no final
judgment has been rendered on the issue by the court. The doctrine aims to prevent
courts from proceeding with a new case while the same matter is being resolved
elsewhere.
 Same Cause of Action: The case before the court must involve the same legal claim or
cause of action. If the new case involves a different cause of action, the doctrine will not
apply.

Legal Reference:
The doctrine of Res Sub Judice is codified in Section 10 of the Code of Civil Procedure (CPC),
1908. According to this section, if the same issue is pending in two or more courts, a court
can stay proceedings in the subsequent case until the first case is decided, provided the
matter is the same and the court has jurisdiction over it.

2. Doctrine of Res Judicata (Case Decided)

Res Judicata (Latin for "a matter already judged") is a legal doctrine that prevents the re-
litigation of a matter that has already been conclusively adjudicated by a court. The principle
ensures that once a matter has been decided, it cannot be brought before the same or any
other court again, fostering judicial efficiency and the finality of decisions.

Key Features and Conditions for Applicability:

 Final Judgment: For Res Judicata to apply, there must be a final judgment on the merits
of the case. A decision must have been rendered after considering the evidence, the law,
and arguments, and there must have been no appeal, or the appeal must have been
decided.
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 Same Subject Matter: The subject matter of the previous suit must be identical to that of
the current suit. If the issue or the claim in the current case is different, Res Judicata does
not apply.
 Same Parties: The doctrine applies to the same parties or those in privity with them (i.e.,
closely connected to the original parties in a legal sense). For example, an heir, successor,
or assign of a party may be bound by the judgment of the original party in certain cases.
 Competent Court: The judgment must have been rendered by a court of competent
jurisdiction. A judgment from a court that lacked jurisdiction is not binding in subsequent
proceedings.
 Identity of Issues: The issues in the second suit must have been directly and substantially
decided in the first suit. Even if the parties or subject matter are the same, if the second
case involves a different issue or a different question of law, Res Judicata will not apply.
 No Material Change: The essential elements of the case (e.g., facts, law, issues) must not
have changed between the two cases. If the facts or circumstances of the case have
changed significantly, Res Judicata may not apply.

Legal Reference:
The doctrine of Res Judicata is codified in Section 11 of the Code of Civil Procedure (CPC),
1908. According to this section, a decision that has been conclusively rendered on the merits
of a case in one court is binding in future litigation between the same parties on the same
subject matter.

The Differences Between Res Sub Judice and Res Judicata

Aspect Res Sub Judice Res Judicata

Meaning A matter under judgment; a case is A matter already judged; a case has
still pending. been decided.

Application When the case is pending before a After a final judgment has been
Stage court. rendered on the case.

Purpose To prevent parallel litigation on the To prevent re-litigation of the same

same matter. matter after a final decision.

Impact on It stays or suspends the subsequent It bars future proceedings on the

Proceeding proceedings. same subject matter.
s

Conditions Same matter, same parties, pending Same parties, same matter, final
case, competent court. judgment, competent court.

Focus Prevents conflicting decisions on Promotes finality and prevents

the same matter. vexatious litigation.

Key Examples:
Res Sub Judice Example: A person files a suit in Court A seeking a declaration of property
ownership. At the same time, the same person files a suit in Court B for the same issue of
property ownership. Court B can stay the proceedings under Res Sub Judice as Court A is
already considering the same matter.
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Res Judicata Example: A person sues another for breach of contract, and the court decides
the case in favor of the defendant. The plaintiff cannot bring the same issue of breach of
contract again in another suit against the defendant, as Res Judicata bars re-litigation of the
same issue that was already decided.

Conclusion:
While both Res Sub Judice and Res Judicata serve to prevent redundant or conflicting
litigation, they apply in different stages of the judicial process. Res Sub Judice prevents
proceedings in a different court while a case is still pending, whereas Res Judicata stops re-
litigation of the same matter after it has been definitively resolved. Both doctrines contribute
to judicial efficiency, finality of decisions, and the protection of parties from undue litigation.

Foreign Judgement (6)

Foreign Judgment under the Code of Civil Procedure (CPC), 1908

A foreign judgment refers to a decision rendered by a court that is situated outside India.
The recognition and enforcement of foreign judgments in India are governed under Section
13 and Section 14 of the Code of Civil Procedure (CPC), 1908, along with certain provisions
of Section 44-A. The main purpose of these provisions is to provide a framework for when
and how judgments passed by foreign courts can be recognized and enforced in India.

Key Provisions for Foreign Judgments under CPC

Section 13: Foreign Judgments Not Conclusive

Section 13 of the CPC provides the circumstances under which a foreign judgment is not
conclusive or binding in India. It outlines the exceptions to the general rule that a foreign
judgment is prima facie valid. Under Section 13, a foreign judgment will not be recognized in
India if:
1. Lack of Jurisdiction: The foreign court did not have jurisdiction over the matter or the
parties. This includes situations where the foreign court had no jurisdiction in the sense
that it did not meet the requirements of international law or the principles of natural
justice.
2. Judgment Obtained by Fraud: If the judgment was obtained by fraud or
misrepresentation of facts, it is not enforceable. The party seeking to enforce the
judgment must prove that the judgment was based on fraudulent practices.
3. Judgment Against Natural Justice: If the foreign court proceedings were not in conformity
with the principles of natural justice (i.e., the party did not receive a fair opportunity to
defend the case), the judgment may not be recognized in India.
4. Contrary to Indian Law: If the judgment of the foreign court is inconsistent with the
principles of Indian public policy or any law in India, the foreign judgment will not be
enforceable. For instance, if the foreign judgment awards something contrary to Indian
law (e.g., something illegal or prohibited in India), it will not be given effect.
5. Personal Law Conflict: In certain cases, if a foreign judgment relates to a matter governed
by personal law (e.g., marriage, divorce, succession) of an individual and the foreign court
did not follow the personal law of the parties, the judgment may be disregarded.
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6. Foreign Court Decision Not on the Merits: If the foreign judgment is a dismissal based on
procedural grounds (e.g., lack of jurisdiction, limitation period expired), rather than on
the merits of the case, it may not be enforced.

Section 14: Presumption as to Foreign Judgments

Section 14 provides that a foreign judgment is presumed to be binding unless the party
challenging it proves otherwise. The presumption is that the foreign judgment was made by
a competent court, and it was not based on fraud or a violation of principles of natural
justice.
In other words, Section 14 creates a presumption that the foreign judgment is valid and
enforceable, but this presumption can be rebutted by presenting evidence to the contrary
(e.g., showing that the foreign court lacked jurisdiction or that the judgment was obtained
fraudulently).

Section 44-A: Execution of Foreign Judgments

Section 44-A provides a mechanism for the enforcement of foreign judgments in India. This
section allows the decree-holder to execute a foreign judgment in India, provided that the
judgment is passed by a court in a reciprocating territory. A reciprocating territory is a
country or jurisdiction with which India has an agreement allowing the enforcement of
judgments passed by each other’s courts.

Reciprocating Territories: These are countries that have entered into an agreement with
India to enforce Indian judgments in their jurisdiction and vice versa. Examples include the
United Kingdom, Singapore, and other common law countries.

If the foreign court is in a non-reciprocating territory (i.e., no agreement with India), the
foreign judgment cannot be directly executed in India under Section 44-A, and the judgment
creditor may need to file a fresh suit in India based on the foreign judgment.

Steps for Execution of a Foreign Judgment under Section 44-A:

1. The decree-holder must apply to the Indian court having jurisdiction for the execution of
the foreign judgment.
2. The Indian court will verify if the foreign judgment meets the requirements of Section 13
(i.e., the judgment is not contrary to Indian public policy, principles of natural justice,
etc.).
3. If the foreign judgment is found to be enforceable, the Indian court will treat it as if it
were a judgment passed by an Indian court and take steps to enforce it.

Different Stages of suit (10)

A civil suit is a formal legal action taken in a court of law to resolve a dispute between
parties. The process of a suit typically follows a series of stages, each with its own procedural
requirements. In the Code of Civil Procedure (CPC), 1908, these stages outline the flow of a
civil case from its inception to its conclusion.

1. Institution of the Suit

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The first stage is the institution of the suit, which involves initiating the legal proceedings.
This stage includes:
 Filing of the Plaint: The plaintiff (the party initiating the suit) files a written statement
called the "plaint" with the court, outlining the facts, legal issues, and relief sought.
 Payment of Court Fees: The plaintiff must pay the necessary court fees as per the value of
the suit.
 Court’s Registration: Upon filing, the court registers the suit and assigns a case number to
it.

2. Service of Summons
Once the suit is instituted, the court issues a summons to the defendant (the party being
sued), which is a formal notification to appear in court and respond to the suit. The
summons is delivered by the court or through a process server to the defendant, who must
acknowledge receipt.
 The defendant is given a specified period to respond to the summons (typically 30 days).

3. Appearance and Filing of Written Statement

 Defendant's Appearance: The defendant is required to appear in court on the date
specified in the summons.
 Filing of Written Statement: The defendant must file a written statement in response to
the plaintiff’s plaint. In this statement, the defendant admits or denies the allegations
made by the plaintiff and may raise any legal defenses or counterclaims.
 Set-off or Counterclaim: The defendant may also file a counterclaim against the plaintiff,
which will be treated as a separate cause of action.

4. Framing of Issues
After the plaintiff’s plaint and the defendant’s written statement have been filed, the court
frames issues. Issues are the points of dispute between the parties that need to be resolved.
They are framed based on the pleadings (plaint and written statement).
 The issues typically cover questions of law and fact that must be answered during the
trial.

5. Discovery and Inspection

This stage involves the exchange of documents and information between the parties.
Discovery is the process by which each party is required to disclose relevant documents that
may support their case.
 Inspection: The parties are also allowed to inspect documents or evidence that the other
party intends to rely upon.

6. Interlocutory Applications and Interim Orders

 Interlocutory Applications: These are applications made during the course of the suit to
request temporary orders or directions from the court. For example, a party might file an
application seeking a temporary injunction to prevent certain actions during the
pendency of the suit.
 Interim Orders: These are temporary orders passed by the court, such as an order for
preservation of property, temporary injunctions, or orders for maintenance.

7. Evidence and Witness Examination

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This is the main stage of the trial, where both parties present their evidence and witnesses in
support of their claims.
 Plaintiff’s Evidence: The plaintiff presents their case first, examining witnesses and
submitting documentary evidence.
 Cross-examination: The defendant has the right to cross-examine the plaintiff’s witnesses.
 Defendant’s Evidence: After the plaintiff’s evidence, the defendant presents their defense
by submitting their evidence and calling witnesses.
 Cross-examination of Defendant’s Witnesses: The plaintiff can cross-examine the
defendant's witnesses.

8. Final Arguments
Once all the evidence is presented and the witnesses have been examined, the parties
present their final arguments. Each party makes a summary of their case, highlighting the key
points and evidence that support their claims or defenses.
 The plaintiff usually argues first, followed by the defendant.

9. Judgment
After hearing the final arguments and reviewing the evidence and issues involved, the court
delivers its judgment. The judgment is a reasoned decision by the court, determining
whether the plaintiff or defendant prevails in the suit.
 The judgment can be in favor of the plaintiff, granting the relief sought, or in favor of the
defendant, dismissing the suit.
 If the case involves complex issues, the court may reserve the judgment and deliver it at a
later date.

10. Execution of the Decree

Once the judgment is pronounced and becomes final (i.e., after all appeals are exhausted
or the time for appeals has passed), the decree passed by the court can be executed.
 Execution: The party in whose favor the judgment has been passed (decree-holder) can
apply to the court for the execution of the decree. The court can take various actions to
enforce the decree, such as attachment of property, arrest, or sale of property, depending
on the nature of the relief granted.
 Appeals: If a party is dissatisfied with the judgment, they can file an appeal before a
higher court, challenging the decision.

Summary of Stages in a Civil Suit

1. Institution of the Suit: Filing of the plaint and payment of court fees.
2. Service of Summons: Summons issued to the defendant.
3. Appearance and Written Statement: Defendant appears in court and files a written
statement.
4. Framing of Issues: Court frames issues for trial.
5. Discovery and Inspection: Exchange of documents and evidence between the parties.
6. Interlocutory Applications and Interim Orders: Temporary orders and applications during
the suit.
7. Evidence and Witness Examination: Presentation and cross-examination of evidence and
witnesses.
8. Final Arguments: Summing up of the case by both parties.
9. Judgment: The court delivers a decision on the matter.
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10.Execution of the Decree: Enforcing the judgment through court orders.

Each of these stages plays a critical role in ensuring that the suit is decided fairly and justly,
following due process of law.

Different parts of plaint (10)

A plaint is the formal written statement filed by the plaintiff (the person initiating the suit) in a
civil court. It sets forth the plaintiff’s case, outlines the legal claims, and seeks relief or remedy
from the court. The plaint must adhere to the requirements set forth in the Code of Civil
Procedure (CPC), 1908.
The plaint is divided into various sections or parts that include essential information about the
suit, such as the parties involved, the facts, the issues in dispute, and the relief sought. Below is a
detailed breakdown of the different parts of a plaint:

1. Title of the Suit

 Heading: The plaint begins with a heading that mentions the name of the court where the
suit is filed (e.g., "In the Court of the Civil Judge, Senior Division"). It also includes the name
of the parties (plaintiff and defendant) involved in the suit.
 Case Number: The plaint includes the case number or a unique identifier assigned by the
court when the suit is filed.
 Suit Number: A reference to the suit number assigned by the court.

2. Parties to the Suit

 Plaintiff's Details: This part identifies the plaintiff by name, address, and occupation, and
may include the plaintiff’s relationship to the cause of action (e.g., creditor, heir, etc.).
 Defendant's Details: The defendant's name, address, and occupation are provided. In cases
with multiple defendants, the details of each defendant are mentioned separately.
 Status of the Parties: The plaintiff must specify whether they are filing the suit in a
representative capacity (e.g., on behalf of another person or entity, such as a minor or
deceased person).

3. Jurisdiction
 This part establishes the jurisdiction of the court in which the suit is filed, stating why the
particular court has the authority to hear the case (e.g., territorial jurisdiction, subject matter
jurisdiction, etc.).
 The plaintiff explains why the chosen court is competent to adjudicate the case under
applicable law.

4. Cause of Action
 The cause of action is the set of facts or circumstances that give rise to the plaintiff’s claim. It
explains the why, when, and where of the plaintiff's grievance.
 The cause of action must be stated in a concise manner and should describe the sequence of
events that led the plaintiff to file the suit. The facts should be clear and should support the
plaintiff’s legal claims.

5. Facts of the Case

 The facts of the case provide a narrative of the events that led to the dispute, presented in a
logical, sequential manner.
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 The facts must be numbered and detailed enough to allow the defendant to understand the
claims and prepare their defense.
 The facts should include:
o The background of the dispute.
o Specific actions or omissions by the defendant that form the basis of the plaintiff’s
claims.
o Any documents (such as contracts, deeds, letters) that may be referred to later in the
suit.

6. Issues for Determination

 In some cases, the plaintiff may mention the issues they seek to have determined by the
court. This part highlights the key legal questions that need to be decided in the suit, such as
ownership, liability, breach of contract, etc.
 This part sets the stage for what the plaintiff intends to prove and what the court will need to
decide.

7. Relief or Prayer Clause

 The prayer or relief clause specifies the exact relief or remedy that the plaintiff is asking the
court to grant. This could be:
o Monetary relief (e.g., compensation, damages).
o Injunction (e.g., to prevent the defendant from doing something).
o Specific performance (e.g., enforcing a contract).
o Declaration (e.g., declaring ownership of property).
 The prayer should be specific and clear, indicating what the plaintiff wishes to achieve
through the suit.

8. Valuation of the Suit

 The valuation of the suit specifies the monetary value of the subject matter of the case,
which is important for the purpose of determining the court fee (stamp duty) and the
jurisdiction of the court.
 The valuation should be based on the nature of the relief sought, such as the value of
property in a suit for specific performance or the amount of money in a suit for damages.

9. Court Fee
 The plaintiff must also pay the necessary court fee as per the value of the suit. This part of
the plaint may indicate the amount of court fee paid on the plaint.

10. Verification and Oath

 Verification: At the end of the plaint, there is a section for the verification of the facts
mentioned in the plaint. The plaintiff (or their authorized representative) must verify that the
contents of the plaint are true to the best of their knowledge and belief.
 Oath: The verification is signed by the plaintiff, who affirms under oath or affirmation that
the information provided is accurate. This is a declaration that the plaintiff is ready to take
responsibility for the accuracy of the facts presented in the plaint.
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UNIT – II
1. Fundamental and general rule of pleading (10)

In the context of civil litigation, pleading refers to the formal written statements filed by the
parties to a lawsuit in order to set forth their respective claims or defenses. Pleadings are
essential to the process of litigation, as they frame the issues of the case and provide the
court and the parties with a clear understanding of the dispute.

In India, pleadings are governed primarily by the Code of Civil Procedure (CPC), 1908, and
they consist of the plaint (the statement of claim) filed by the plaintiff and the written
statement (the response) filed by the defendant. The general rules of pleading guide the
drafting of these documents, and there are also some fundamental rules that ensure that
the pleadings are clear, concise, and in compliance with legal principles.
Below are the fundamental and general rules of pleading:

Fundamental Rules of Pleading

These are the basic and essential rules that apply to the drafting and presentation of
pleadings in a civil suit.
1. Pleadings Must Be Clear and Concise: Pleadings should be simple, clear, and concise.
They must avoid unnecessary technicalities and should directly state the facts of the case.
The language used should be understandable to a person who is not familiar with legal
jargon.

2. Facts Must Be Alleged, Not Proved in Pleadings: Facts must be alleged in the pleadings,
but evidence is not required at this stage. For example, in the plaint, the plaintiff must state
the facts that support their claim. Evidence (such as documents or witness testimony) is only
presented later during the trial.

3. Pleadings Must Be Based on Facts, Not Legal Arguments: Pleadings must focus on facts,
not on legal arguments or legal reasoning. Legal contentions or arguments are to be made
after the facts have been presented. While the legal claim or relief sought can be included in
the prayer or relief section, the bulk of the pleading should consist of factual allegations.

4. Pleadings Must Be Specific and Detailed: The facts alleged must be specific. General or
vague statements are not acceptable. The time, place, and specific acts involved in the
dispute should be stated clearly.

5. Pleadings Must Be Relevant: All pleadings must be relevant to the issue at hand. Only
facts that are material and necessary to support the claim or defense should be included.
Irrelevant or unnecessary information should be avoided.

6. No Immaterial or Vague Allegations: Immaterial allegations (i.e., facts that do not pertain
to the dispute) should not be included in the pleading. Allegations should be based on actual
events and not on mere assumptions or speculation.

7. Pleadings Must Be Verified: Every pleading must be verified by the party filing it (or their
authorized agent). Verification confirms that the facts alleged in the pleading are true to the
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knowledge or belief of the party. Verification is typically done in the form of an oath or an
affirmation.

8. Pleading Should Not Be Self-Contradictory: Self-contradictory pleadings, where the facts

stated in one part contradict those in another part, should be avoided. If there are
inconsistencies, the court may refuse to accept the pleading as valid.

9. Must State Relief Sought: The plaintiff should always clearly specify the relief sought in
the plaint (e.g., compensation, injunction, specific performance, etc. The defendant should
also state their defense and any counterclaim (if applicable).

10. Pleading of Special Laws: If the plaintiff or defendant is relying on any special laws (such
as a statute or specific legal provision), this must be explicitly stated in the pleadings. The
relevant legal provisions or legal grounds should be referred to, but only in relation to the
facts of the case.

General Rules of Pleading

These are broader rules that guide how pleadings are structured and presented. They apply
universally in civil cases.

1. Pleadings Must Be in Writing

All pleadings must be in writing. Oral statements or verbal arguments are not considered as
pleadings under the CPC.

2. Plaint and Written Statement

 The plaint is the document that the plaintiff files to begin the suit, and the written
statement is the response filed by the defendant.
 The written statement must specifically admit, deny, or explain the allegations made by
the plaintiff in the plaint.

3. Statements of Fact and Not Law

 Pleadings should be made in the form of statements of fact, and legal conclusions should
not be included.
 Legal arguments and the application of law to facts are made later in court, particularly in
the final arguments and submission of written submissions.

4. Alternative Claims
 A party may plead alternative or inconsistent claims in their pleading.
 For example, a plaintiff may plead that if they are not entitled to a particular relief, they
should be granted an alternative remedy.

5. Pleading of Payment or Performance

If a party claims that they have made a payment or performed an obligation (e.g., payment
of money, fulfillment of a contract), they must plead the specific date and manner of the
payment or performance.

6. Pleading of Documents
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 If a party is relying on documents as evidence, they must mention them in their pleadings
and provide details of the documents.
 Documents should be numbered and the specific document relied upon should be
stated.

7. Reply to Written Statement

The plaintiff has the option to file a replica or reply to the defendant's written statement.
This is an opportunity to address any new facts or defenses raised by the defendant.

8. Amendment of Pleadings
 A party may seek to amend their pleadings at any stage before the trial begins if new facts
arise or errors are discovered.
 The court may allow amendments, but the amendments must not change the nature of
the suit or cause undue prejudice to the opposing party.

9. No Mixing of Causes of Action

The cause of action in a particular suit must be separate and distinct. A plaintiff should not
combine multiple causes of action (e.g., breach of contract and tort) in a single suit unless
they are closely connected.

10. Repetition and Redundancy

Repetitive and redundant pleadings should be avoided. Each allegation should serve a
specific purpose and should not repeat the same facts or claims.

Conclusion
The fundamental rules of pleading ensure that the pleadings are focused on facts, concise,
and relevant. They require that pleadings be properly verified and specific, avoiding
generalities or contradictions. The general rules of pleading guide the structure and manner
of presenting claims in the pleadings and ensure that the parties follow the prescribed
process. Both sets of rules aim to ensure that the litigation process is fair, efficient, and based
on clear, truthful information.

2. Circumstances under which pleading shall be refused (10)

Under the Civil Procedure Code (CPC) of India, there are specific circumstances under which
a pleading may be refused or rejected by the court. These circumstances are largely related
to the technical and procedural requirements of pleadings, which must be followed to ensure
that a case can be properly heard. Some of the main circumstances under which a pleading
may be refused under the CPC include:

1. Failure to Disclose a Cause of Action (Order 7, Rule 11)

 A court can reject a plaint (plaint is the formal written statement of the plaintiff) if it does
not disclose a cause of action. In other words, if the facts presented do not show any legal
grounds for the claim, the court may refuse to entertain the pleading.
 For instance, under Order 7, Rule 11(a) of the CPC, a plaint can be rejected if it does not
show a valid cause of action.
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2. Barred by Law (Order 7, Rule 11(b))

 If the suit is barred by any law (such as a statute of limitations or any specific provision
that prohibits the filing of the case), the court may refuse to accept the pleading. This
includes cases where the claim is time-barred or otherwise prohibited by law.
 For example, a claim that is not filed within the limitation period prescribed by the
Limitation Act can be refused under this provision.

3. Vexatious or Frivolous Pleading (Order 7, Rule 11(d))

 If the pleading is deemed to be frivolous or intended to harass the opposite party, it may
be rejected. A frivolous pleading has no real basis in law or fact and is seen as an abuse of
the court process.
 Under Order 7, Rule 11(d), the court may reject a plaint if it is considered to be vexatious
or has been filed with malicious intent to cause unnecessary delays.

4. Lack of Jurisdiction (Order 7, Rule 11(c))

 If the court does not have jurisdiction over the subject matter or the parties, it may refuse
to accept the pleading. Jurisdiction refers to the court’s legal authority to hear and decide
a particular case.
 If the case is filed in a court that does not have the authority to adjudicate it, the court
may reject the plaint under Order 7, Rule 11(c).

5. Non-compliance with Mandatory Requirements (Order 6, Rule 2 and Order 7, Rule 1)

 A pleading may be rejected if it does not comply with the necessary formalities or
mandatory requirements set out in the CPC. For example, if the plaint does not contain
the essential particulars required under Order 7, Rule 1, such as a statement of the relief
claimed, or if the verification of the plaint is not done correctly under Order 6, Rule 15, it
may be refused.

6. Improper or Incomplete Pleading (Order 6, Rule 3 and Rule 4)

 Under Order 6, Rule 3, the court may refuse to accept a pleading if it is vague or does not
provide clear and specific facts. Incomplete or ambiguous pleadings can result in a refusal.

7. Failure to Properly Serve Notice (Order 5, Rule 1)

 If the necessary party has not been served with a notice as per the procedure outlined in
the CPC (Order 5), the court may refuse to proceed with the case or reject the pleading.
 Proper service of the summons on the defendant is a pre-condition for the acceptance
and continuation of the case.

8. Pleading Contrary to Court Order or Judgment

 If a pleading contradicts an earlier court order or judgment, the court may refuse to
accept it. For instance, if the matter has already been settled or decided in a previous
case, a fresh pleading may be rejected due to res judicata (the principle that prevents the
same issue from being tried more than once).

9. Non-compliance with Court's Directions for Amended Pleadings

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 If a court has directed a party to amend their pleading and they fail to comply with the
directions, the court may refuse to accept the amended pleading or dismiss the case
altogether.

10. Lack of Proper Verification (Order 6, Rule 15)

 Pleadings must be verified by the party filing them. If a pleading is not properly verified in
the prescribed manner, it may be refused. Order 6, Rule 15 specifies that the party must
verify the facts in the pleading under oath.

Conclusion
In summary, under the CPC, a pleading can be refused or rejected for failing to meet
procedural requirements, such as failing to state a cause of action, being barred by law, not
complying with formalities, or being deemed frivolous or vexatious. The court will examine
whether the pleading is legally sound and procedurally correct before accepting it for further
proceedings.

3. What is plaint and circumstances under which plaint shall be

returned (10)
A plaint is a formal written statement filed by a plaintiff to initiate a civil lawsuit in a court. It
sets out the facts, legal grounds, and relief that the plaintiff is seeking. In essence, a plaint is
the first step in the judicial process and outlines the cause of action (the reason for bringing
the case), the issues, and the remedies the plaintiff is requesting. Under the Civil Procedure
Code (CPC), the plaint is governed by Order 7.

The essential contents of a plaint typically include:

 Name of the court
 Name of the parties involved
 Jurisdiction of the court
 A brief description of the facts leading to the cause of action
 Legal grounds or causes of action
 The relief sought (such as compensation, injunction, etc.)
 Verification of the plaint (confirming that the facts are true)

Circumstances Under Which a Plaint Shall Be Returned (Order 7, Rule 10)

Under Order 7, Rule 10 of the CPC, a court may return a plaint under certain circumstances.
When a plaint is returned, the plaintiff is required to file it in the correct court. The plaint is
not dismissed but sent back for re-filing in a different court.
The main circumstances under which a plaint may be returned include:
a. Lack of Jurisdiction: If the court in which the plaint is filed does not have territorial or
subject-matter jurisdiction to hear the case, the plaint can be returned. For example, if a
case is filed in a court outside the area or the specific court designated to hear such
cases, it must be returned.

b. Inadequate or Defective Pleading: If the plaint does not comply with the necessary
legal requirements or is filed in the wrong court, the court may direct that it be returned
to be presented in the correct court. For example, if the court finds that the plaint does
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not meet the necessary requirements of Order VI (regarding the form and content of the
plaint), it may return it for rectification.

c. Incorrect Venue: If the court is not the proper venue for the type of case (for instance,
filing in a district court when the case should be heard by a local court), the plaint will
be returned to be filed in the correct venue.

d. Defective or Incomplete Documentation: If the plaint is not in proper form or does not
contain necessary supporting documents, the court may return the plaint to the plaintiff
to correct these deficiencies and file the revised version in the correct forum.

e. Improper Form or Content: If the plaint is not in the correct format or does not comply
with the mandatory requirements of Order 7, the court may return the plaint. For
example, if the plaint fails to include the necessary parties or has not stated a cause of
action clearly, it could be returned.

f. Parties Not Properly Joined: If the plaint involves parties who are not properly joined or
the court believes that there is an issue regarding the presence of the necessary parties,
the court may return the plaint for rectification.

g. Non-compliance with Specific Court Directions: If the court has given a direction for re-
filing the plaint with necessary amendments and the plaintiff does not comply with it,
the plaint can be returned for correction.

h. Lack of Proper Affidavit or Verification: If the plaint lacks the necessary affidavit or the
verification by the plaintiff, the court may return the plaint for re-submission after
proper verification.

Process of Returning a Plaint:

 The court that determines the plaint is defective or incorrectly filed under any of the
above-mentioned circumstances will return the plaint.
 The court must endorse a brief statement of the reasons for the return of the plaint.
 The plaintiff can then re-file the plaint in the correct court after rectifying the deficiencies.

In some cases, the court may also transfer the plaint to the correct jurisdictional court
instead of returning it. Order VII, Rule 10 of the CPC essentially aims to ensure that suits are
heard in the appropriate court and that parties comply with the necessary procedural
requirements.

Summary of Differences Between Returning and Rejecting a Plaint:

Returning a Plaint:
o The plaint is sent back for re-filing in the correct court.
o It does not end the case, but only requires the plaintiff to file the plaint in the proper
jurisdiction or venue.
o Circumstances for return include lack of jurisdiction, improper venue, or non-compliance
with filing directions.
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Refusing a Plaint:
o The plaint is dismissed and the case is not entertained by the court.
o It can occur due to a failure to disclose a cause of action, being barred by law, vexatious or
frivolous claims, lack of jurisdiction, or procedural defects.
o The plaintiff may not be allowed to re-file the same plaint unless the defects are
corrected.
In both cases, the aim is to ensure that the legal process is not misused and that cases are
brought before the appropriate court with the correct documentation.

4. Set-off and counter claim (5)

In the Code of Civil Procedure (CPC), provisions regarding set-off and counterclaim are outlined in
Order VIII, specifically Rules 6 to 13. These provisions allow a defendant to raise claims against the
plaintiff, which can either reduce the plaintiff's claim or counteract it.

1. Set-Off (Order VIII, Rule 6):

A set-off is when a defendant claims a right to deduct or set off a sum of money from the plaintiff's
claim based on a separate and independent cause of action, provided certain conditions are met. The
defendant uses a set-off to reduce the amount the plaintiff is entitled to by asserting that the
defendant owes less than claimed or is entitled to a counter claim.

Key Points on Set-Off:

 Rule 6(1): A defendant may claim a set-off if they owe money to the plaintiff, but they assert
that they are entitled to set off an amount that the plaintiff owes them. This means that the
defendant doesn't need to pay the plaintiff the full amount and can reduce it by the sum the
plaintiff owes the defendant.

 Conditions:

o The claim must arise from the same transaction.

o The amount claimed by the defendant as set-off must be a sum certain (i.e.,
quantifiable in monetary terms).

o It must be related to the original claim.

 Example: If a plaintiff sues a defendant for ₹50,000, and the defendant owes the plaintiff
₹30,000 from a prior contract, the defendant can set off the ₹30,000 from the ₹50,000 claim.
The defendant would then only owe ₹20,000.

Types of Set-Off:

 Legal Set-Off: This applies when the defendant's claim is against the plaintiff on the same
cause of action, and the defendant seeks to reduce the plaintiff’s claim by an amount that
the plaintiff owes them.

 Equitable Set-Off: This applies when the claim arises from different transactions, but the
claims are so connected that it would be inequitable to allow the plaintiff to sue without
considering the defendant’s claim.

2. Counterclaim (Order VIII, Rule 6A-6E):

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A counterclaim is a claim made by the defendant in response to the plaintiff's original claim. Unlike a
set-off, which seeks to reduce the plaintiff's claim, a counterclaim is an independent claim filed by
the defendant against the plaintiff.

Key Points on Counterclaim:

 Rule 6A: The defendant can file a counterclaim as part of their defense in the suit, which is
treated as a separate claim against the plaintiff. The counterclaim is filed in the same suit,
and the court will adjudicate both the original claim and the counterclaim together.

 Conditions for Counterclaim:

o The defendant must file the counterclaim in the same suit, and it must be within the
jurisdiction of the court.

o The claim in the counterclaim must arise out of the same transaction or occurrence
as the plaintiff’s original claim, or it can be a separate claim related to the suit.

o The counterclaim should be properly pleaded as per the rules of CPC and must be
relevant to the main suit.

 Rule 6B: The defendant can file a counterclaim even if the defendant has a set-off. A
counterclaim may be filed in addition to, or instead of, a set-off.

 Example: If a plaintiff sues a defendant for breach of contract, and the defendant believes
the plaintiff also breached the contract first, the defendant can file a counterclaim for
damages resulting from the plaintiff’s breach.

Differences Between Set-Off and Counterclaim:

Feature Set-Off Counterclaim

Nature A claim for reducing the plaintiff's A separate and independent claim by the
claim defendant against the plaintiff

Relationship to Must arise from the same May arise from the same transaction or a
the Claim transaction or contract different one

Jurisdiction The claim is usually within the The counterclaim must also be
court’s jurisdiction where the adjudicated by the same court hearing the
original suit is filed original suit

Claim Type Only monetary claims or specific May include both monetary and other
sums of money forms of claims (such as damages, specific
performance, etc.)

Defendant's Defendant may reduce the Defendant asserts their own independent
Right plaintiff’s claim right against the plaintiff

3. Cross-Counterclaim (Order VIII, Rule 6C):

This rule allows a defendant to file a counterclaim against other defendants in the same suit. This
type of counterclaim is brought against someone other than the plaintiff but within the same
proceedings. It's common in suits involving multiple parties.

4. Additional Claims in the Counterclaim (Order VIII, Rule 6D):

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If a counterclaim involves a claim for a sum of money or damages, the defendant can also seek
interest on that claim, in accordance with the applicable provisions of law.

5. Time Limit for Filing Set-Off and Counterclaim:

 A set-off or counterclaim must generally be filed along with the written statement or within
the prescribed time for filing the defense, usually within 30 days from the date of receiving
the summons.

6. Relief in Case of Set-Off or Counterclaim:

 If the defendant successfully establishes a counterclaim or set-off, the court may adjust the
amount owed between the parties and grant relief based on the facts presented.

Conclusion:

 Set-off is a defensive claim by a defendant to reduce the plaintiff's claim based on a similar
transaction.

 Counterclaim is an independent claim made by the defendant against the plaintiff, which
could involve different facts and demands for separate relief.

Both concepts allow for a more efficient and comprehensive resolution of disputes in a single suit,
avoiding the need for multiple legal actions.

5. What are costs and interest under CPC and what are the
different types of costs awarded in civil cases.
Under the Code of Civil Procedure (CPC) in India, costs and interest are important aspects that
govern the financial aspects of a lawsuit. They are provided to the party who wins the case, as a way
of compensating them for the legal expenses incurred during the litigation. These provisions also
serve as a deterrent against frivolous or unnecessary litigation.

1. Costs Under the CPC:

Costs refer to the expenses incurred by a party in the course of litigation. The term "costs" typically
includes expenses like the attorney's fees, court fees, travel costs, document preparation, etc. The
court has discretion in awarding costs, and these are meant to compensate the winning party for the
legal expenses incurred during the proceedings.

Key Provisions Related to Costs:

 Section 35: This section deals with the awarding of costs. It grants the court discretion to
award costs based on the outcome of the suit.

o Section 35(1): States that costs of and incidental to all suits should be in the
discretion of the court. However, the court must order the losing party to pay the
costs to the winning party, unless there is a valid reason for not doing so.

o Section 35(2): A court may order the costs to be paid by the party at fault, even if the
other party wins the suit, if the conduct of the prevailing party justifies such an
order.
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 Order XXI, Rule 2: If the judgment or decree is being executed, the costs awarded by the
court during the trial may be enforced.

Different Types of Costs in Civil Cases:

1. Actual Costs: These are the real costs incurred by the party in the course of the litigation,
including legal fees, travel expenses, document preparation, etc. The court may award these
costs if the prevailing party has shown that they incurred specific, quantifiable expenses.

2. Fixed Costs: These are the costs that the court may determine in advance and are based on a
specific schedule. They do not fluctuate with the actual expenses incurred by the parties.

3. Consequential Costs: These refer to costs arising from specific actions taken during the case.
For example, if a party forces the other to take extra steps to comply with court orders, the
party causing this extra work may be required to pay for it.

4. Punitive Costs: In cases of frivolous litigation or misconduct, the court may award punitive
costs against the losing party. These costs are meant to punish improper or vexatious
conduct and deter unnecessary litigation.

5. Costs for Legal Representation: This includes the lawyer's fees and other professional costs,
which are usually awarded to the prevailing party. However, these costs are often
determined at the discretion of the court, as it may consider whether the fees charged by
the lawyer were reasonable.

6. Litigation Costs: These costs include filing fees, court costs, and administrative costs that
arise during the litigation process. In general, these costs are included in the overall cost
award.

7. Costs of Application or Appeal: If an application or appeal is filed during the proceedings

(e.g., a stay order application), the court may also award costs in relation to these specific
applications, and these costs will be separate from the costs of the main suit.

8. Interest on Costs: The court can award interest on costs if it finds that there was a delay in
paying them. This interest may be calculated from the date when the order for payment of
costs was made.

9. Court Fees: These are fees paid to the court at the time of filing the suit or during the
proceedings. While they are usually borne by the party initiating the case, the court may
order the losing party to bear these fees.

10. Security for Costs: In some cases, the court may require a party to deposit security for costs
before proceeding with the suit. This ensures that if the party loses, there is money to cover
the costs awarded to the winning party. This is usually required from parties who are unlikely
to be able to pay the costs if ordered.

2. Interest Under the CPC:

Interest in civil cases typically refers to the compensation or additional sum that a party is entitled to
receive on the principal amount, which is awarded as damages or a money judgment.

Key Provisions Related to Interest:

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 Section 34: The CPC provides for the awarding of interest on the amount of the decree. The
court has the discretion to grant interest from the date of the suit till the date of the
judgment, and in some cases, even beyond the judgment until the payment is made.

o Interest Before Judgment:

 The court can award interest before judgment if it deems fit, typically in
cases where a party is entitled to money, and the judgment is delayed. It is
at the discretion of the court and is usually awarded at the rate determined
by the court.

o Interest After Judgment:

 The court can award interest after the judgment for the period between the
date of judgment and the date of payment. The rate of interest is also
determined by the court, and it can vary depending on the case and the
nature of the award.

Types of Interest in Civil Cases:

1. Pre-Suit Interest: This is interest that can be claimed by the plaintiff for the period before
the suit was filed, typically when there is an outstanding debt or a claim for payment. It may
be awarded by the court based on the terms of the contract or at a reasonable rate.

2. Post-Suit Interest: This is interest on the principal amount after the suit is filed and pending
until the final judgment. It can be awarded by the court at a specified rate.

3. Interest on Decree: After the judgment or decree, interest is usually awarded from the date
of the decree until payment is made. This ensures that the winning party is compensated for
the delay in receiving the amount due to them.

4. Compensatory Interest: If the court finds that the delay in payment has caused harm to the
winning party, it may award interest as a form of compensation for that delay.

5. Contractual Interest: If the underlying dispute involves a contract where the terms specify an
interest rate for delayed payments, the court may award interest in accordance with the
terms of the contract.

Conclusion:

 Costs and interest are significant aspects of a civil suit under the CPC. The winning party is
generally entitled to costs, which the court has discretion to award based on various factors
such as the nature of the suit and the parties' conduct.

 Interest can be awarded both before and after the judgment, ensuring that the party entitled
to money is compensated for any delay in receiving it.

These provisions are meant to ensure fairness in litigation, compensate the prevailing party, and
encourage timely resolutions of disputes.
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UNIT – III
1. Consequences of appearance and non-appearances of parties in
a suit.
Under the Code of Civil Procedure (CPC), 1908 in India, the appearance and non-appearance of
parties in a suit are governed by various provisions. These provisions detail the consequences
for both the appearance and non-appearance of parties during civil proceedings.

1. Consequences of Appearance of Parties:

When a party appears in a suit (whether by personal appearance or through a representative,

such as a lawyer), the following consequences arise:

a. Continuation of the Suit:

 Proceedings Continue: The court can continue with the case, hear arguments, receive
evidence, and address the issues raised by the parties.

 Right to Defend: The appearing party has the opportunity to defend their case, file
pleadings, present evidence, and challenge the case presented by the other party.

b. Filing of Written Statement:

 Order VIII, Rule 1: The defendant must file a written statement within 30 days from the date
of service of summons. If they fail to do so, they may face the risk of ex parte proceedings.

c. Framing of Issues:

 Order XIV, Rule 1: Once the parties have appeared, the court will frame issues based on the
pleadings. These issues guide the court in determining the key points in dispute between the
parties.

d. Opportunity to Settle:

 Order X, Rule 1: After the appearance, the court may encourage the parties to settle the
dispute through mediation or settlement conferences, reducing the need for further
litigation.

2. Consequences of Non-Appearance of Parties:

a. Non-appearance by the Plaintiff:

If the plaintiff fails to appear on the date of hearing, the consequences include:

 Dismissal of the Suit: According to Order IX, Rule 3, if the plaintiff does not appear at the
time of the hearing, the court may dismiss the suit for non-prosecution. However, the court
may grant time or adjourn the case if the plaintiff provides a valid excuse.

 Reinstating the Suit: If the suit is dismissed for non-appearance, the plaintiff can file an
application under Order IX, Rule 4 to restore the suit, explaining the reasons for the non-
appearance, provided it is within the prescribed time.

b. Non-appearance by the Defendant:

If the defendant fails to appear, the following consequences apply:

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 Ex Parte Proceedings: Order IX, Rule 6 provides that if the defendant does not appear after
proper service of summons, the court may proceed with the suit ex parte (without the
defendant’s participation). The court will hear the plaintiff’s case and may pass judgment in
favor of the plaintiff based on the evidence presented.

 Ex Parte Decree: In cases where the defendant’s non-appearance results in ex parte

proceedings, the plaintiff may be granted a decree ex parte. The defendant has the option to
apply to set aside the ex parte decree under Order IX, Rule 13 if they can provide a valid
reason for their absence (such as not receiving the summons or being unable to attend due
to illness).

c. Non-appearance in Execution Proceedings:

In execution proceedings (where a decree is sought to be enforced), the non-appearance of a

party may lead to:

 Attachment of Property: If the judgment debtor (the person against whom the decree is
passed) fails to appear, the court may proceed to enforce the decree by attaching and selling
their property.

 Imprisonment: Under Order XXI, Rule 37, if the judgment debtor does not appear when
called for questioning regarding their assets, the court may issue an order for their detention
in civil prison.

d. Consequences for Non-appearance in Specific Cases:

 Default Judgment: Under Order IX, Rule 7, if a defendant is absent on the first hearing, the
court may pass a decree based on the plaintiff’s evidence. This typically happens if the
defendant has been properly served with summons but has not appeared.

 Dismissal of Suit: If the plaintiff is absent for subsequent hearings, the court may dismiss the
suit under Order IX, Rule 8 for non-appearance.

e. Legal Recourse for the Non-appearing Party:

 Setting Aside Decrees: Under Order IX, Rule 13, a party who did not appear in court may file
an application to set aside an ex parte decree if they can demonstrate that their non-
appearance was due to a valid reason (such as being unaware of the proceedings or suffering
from some personal crisis).

 Warrants for Non-Appearance: If a party fails to appear after being served with summons,
the court may issue a warrant for their arrest, especially in cases involving contempt or non-
compliance with court orders.

3. Practical Considerations in Non-Appearance:

 Service of Summons: The consequences of non-appearance depend heavily on whether the

party was properly served with summons. If the summons were not served or if the service
was defective, the party may be allowed to challenge the proceedings.

 Adjournments: The court may grant adjournments if the non-appearance is justified (for
example, due to medical reasons), but repeated adjournments may affect the party’s
credibility and can lead to adverse orders.
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 Special Proceedings: In specific cases such as suits involving matrimonial disputes, or cases
where urgent orders are needed (e.g., for injunctions), the court may take quicker actions
despite non-appearance of a party.

Conclusion:

The CPC lays down clear provisions to deal with the appearance and non-appearance of parties.
The appearance of a party ensures that the suit progresses normally, with both sides having the
chance to present their cases. On the other hand, non-appearance can lead to adverse
consequences, such as ex parte judgments, dismissals, and the imposition of legal penalties.
Therefore, it is crucial for parties involved in a suit to attend hearings or inform the court of any
legitimate reasons for their absence.

2. Admissions
Admissions under the Code of Civil Procedure (CPC), 1908 refer to the formal acknowledgment
or acceptance of certain facts or documents by a party to the suit. Admissions are significant
because they can affect the course of the litigation by narrowing down the issues and potentially
reducing the need for further proof. The relevant provisions of the CPC related to admissions are
found under Order XII.

1. Admission of Facts or Documents (Order XII of CPC)

Order XII of the CPC deals with the process of admissions and how they affect a case. Here are
the key points:

a. Admission of Facts (Order XII, Rule 1):

 Definition: An admission is a statement made by a party acknowledging certain facts or

documents in the case. Admissions can be made either before or during the trial.

 Effect: An admission by a party is considered as proof of the fact admitted, and it can be used
by the other party to support their case.

 Purpose: Admissions help in narrowing down the contested issues in the case and may lead
to a quicker resolution.

Order XII, Rule 1:

 This rule allows either party to request the other party to admit or deny certain facts or
documents related to the case. If a party fails to admit or deny a fact or document within the
prescribed time (usually 15 days), that fact or document is considered admitted by default.

b. Effect of Admissions (Order XII, Rule 2):

 Proof of Admission: An admission made by a party in the pleadings, documents, or during

the trial is conclusive proof of the admitted fact. The other party can rely on this admission
to prove their case.

 No Need for Further Evidence: If a fact is admitted by the other party, there is no need to
lead further evidence to prove it.

o Example: If one party admits the existence of a contract, the other party does not need to
provide further evidence of the contract's existence. The admission itself is enough.
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c. Effect of Withdrawal or Modification of Admissions (Order XII, Rule 3):

 If a party wants to withdraw or modify an admission made earlier, they must get the
permission of the court. The court will typically allow such withdrawal or modification if it is
satisfied that the admission was made under a misunderstanding or misrepresentation.

d. Admissions in Pleadings (Order VIII, Rule 5):

 Admission in the Written Statement: A defendant's admission in the written statement

(response to the plaintiff’s pleadings) can narrow down the issues that need to be litigated.
For example, if the defendant admits a particular fact, it will no longer be disputed and need
not be proven.

2. Admissions and the Role in Reducing Litigation (Order XII)

a. Admissions of Documents:

 Order XII, Rule 2 states that if a party refuses to admit a document that the other party
seeks to prove, and the court later finds that the document is genuine and relevant, the
party that refused to admit the document may be liable to pay costs for the unnecessary
litigation and delay.

b. Admissions in Court Hearings:

 Oral Admissions: Admissions can also be made orally during the course of the proceedings,
either in the statements or testimonies of the parties or witnesses. These oral admissions
can be used to establish facts or clarify issues without the need for documentary evidence.

3. Consequences of Admission:

 Binding Effect: An admission, once made, is binding on the party making it. If a party admits
a fact, it cannot later dispute that fact unless they successfully withdraw the admission with
the permission of the court.

 Partial Effect: An admission only applies to the specific fact or document admitted. It does
not extend to other issues in the case, and other facts must still be proven.

 Narrowing the Issues: An admission helps reduce the scope of the dispute. For example, if
the defendant admits a key fact, the court may focus on the remaining disputed points rather
than the entire issue.

4. Admission and the Court’s Discretion:

 Order XII, Rule 6: The court has the discretion to pass judgment based on the admission
made by a party. If one party admits a key fact or claim in their pleadings or statements, the
court may decide the case in favor of the party relying on the admission without requiring
further evidence.

o Example: If the defendant admits the debt in a suit for recovery of money, the court may
pass a decree for the plaintiff without going into further arguments or evidence.

5. Exceptions to Admissions:
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 False or Fraudulent Admissions: If an admission is made under duress, fraud, or mistake, the
court may allow a party to retract the admission. However, this must be established before
the court.

 Partial Admissions: If an admission is made but not for all the facts of a claim, the remaining
facts will still need to be proven.

6. Strategic Use of Admissions:

 In the Plaintiff’s Favor: The plaintiff may use the defendant's admissions to prove parts of
their case without calling for evidence on those points.

 In the Defendant’s Favor: The defendant may admit facts that are unfavorable but argue
other facts that are in their favor, thus narrowing the focus of the case to specific points.

Conclusion:

Admissions under the CPC play a crucial role in simplifying the judicial process, reducing the
need for proving facts that are uncontested, and narrowing the issues in dispute. Parties should
carefully consider the implications of making admissions, as they are binding and can have
significant consequences in the resolution of the suit.

3. Modes of execution of decree

The execution of a decree refers to the process of enforcing a judgment or decree passed by a
court. The Code of Civil Procedure (CPC), 1908 provides detailed provisions regarding the
modes of execution of a decree, primarily under Order XXI. The modes of execution depend on
the type of decree, the nature of the relief granted, and the circumstances of the case.

Modes of Execution of Decree under CPC

Execution of a decree can take place through various modes, which include:

1. Payment of Money (Order XXI, Rule 1)

 Money Decrees: When a decree is for the payment of money, the judgment debtor (JD) is
required to pay the amount specified in the decree.

 Mode of Execution: If the judgment debtor does not voluntarily pay the amount, the decree-
holder (DH) can request the court to execute the decree through attachment and sale of the
debtor's property or other enforcement actions.

Example: If the judgment is for the payment of a certain amount of money, the execution may
involve attachment and sale of the JD's movable or immovable property.

2. Arrest and Detention (Order XXI, Rule 37-40)

 Arrest of the Judgment Debtor: If a decree is for the payment of money and the judgment
debtor is unwilling or unable to pay, the court may order the arrest and detention of the
judgment debtor in civil prison.

o Order XXI, Rule 37: If the court is satisfied that the JD has the means to pay but refuses to
do so, the court may issue a warrant for their arrest.
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o Order XXI, Rule 38: If the JD is unable to pay and is arrested, they may be detained in civil
prison until they pay the decree amount or are released by the court.

Conditions: This mode is not applicable for a woman, a minor, or a person whose imprisonment
is prohibited by law.

3. Attachment of Property (Order XXI, Rule 41-55)

 Attachment of Property: The most common mode of execution, involving the seizure of the
debtor's property (movable or immovable) to satisfy the decree.

o Order XXI, Rule 41-45: These rules deal with the attachment of movable property (such as
household goods, vehicles, etc.). The court can issue a warrant for the attachment of the
JD's movable property.

o Order XXI, Rule 46-54: Deals with the attachment of immovable property, such as land or
buildings. The property can be attached through a notice or court order, and it may
eventually be sold to satisfy the decree.

4. Sale of Attached Property (Order XXI, Rule 64-92)

 Sale of Property: After the attachment of the debtor’s property, the court may direct the sale
of the attached property.

o Order XXI, Rule 64: The court may direct the sale of the attached property to satisfy the
decree.

o Order XXI, Rule 65-92: These provisions deal with the procedural aspects of conducting a
sale of the attached property. This can be through public auction or any other method
authorized by the court.

Example: If a debtor's immovable property is attached for non-payment of money, the property
can be sold through public auction to recover the amount.

5. Appointment of Receiver (Order XXI, Rule 41(1), Rule 53)

 Appointment of a Receiver: If the judgment debtor has property or assets that are difficult
to sell or control, or if the property is likely to be wasted or removed, the court may appoint
a receiver to manage the property and its income until the decree is satisfied.

Example: In a case where a debtor owns a property that is generating rental income, but the
debtor is not paying the amount due, the court may appoint a receiver to collect the rent on
behalf of the decree-holder.

6. Delivery of Possession (Order XXI, Rule 35-36)

 Delivery of Possession of Immovable Property: If the decree is for the delivery of possession
of immovable property, the court may order the possession of the property to be handed
over to the decree-holder.

o Order XXI, Rule 35-36: These provisions deal with the process of delivering possession of
immovable property to the decree-holder.
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o The judgment debtor is required to vacate the property and hand it over to the decree-
holder.

Example: If the decree is for eviction of a tenant, the court will execute the decree by ordering
the eviction of the tenant and handing over possession to the landlord.

7. Specific Performance (Order XXI, Rule 6)

 Specific Performance of a Contract: If the decree is for the specific performance of a

contract (such as the sale of property or fulfillment of contractual obligations), the court may
enforce the decree by ordering specific actions.

o Order XXI, Rule 6: The court can take appropriate steps to ensure that the judgment
debtor complies with the specific performance decree.

8. Injunction (Order XXI, Rule 6)

 Injunctions: If the decree involves a prohibitory order or injunction (e.g., restraining a person
from doing a specific act), the court can execute the decree by taking measures to enforce
the injunction.

Example: If the decree involves an order to stop a person from interfering with land, the court
may issue orders to prevent such interference.

9. Execution of Foreign Decrees (Section 44A)

 Foreign Decrees: If a decree has been passed by a foreign court and needs to be executed in
India, it can be executed in India under Section 44A of CPC.

o The foreign decree must be registered in an Indian court, and it will be executed as if
it were a decree passed by an Indian court.

10. Attachment Before Judgment (Order XXXVIII)

 Pre-emptive Measures: If there is a fear that the judgment debtor may dispose of their
property to avoid payment of the decree, the court can attach the property before the
judgment is passed. This is a preventive measure.

o Order XXXVIII, Rule 5: The court may issue an order for the attachment of the JD’s
property before judgment, subject to certain conditions and safeguards.

Conclusion:

The modes of execution of a decree under the CPC provide the decree-holder with a range of
options to enforce the judgment passed by the court. These modes are designed to ensure that
a party who has obtained a decree can have it enforced effectively, whether through the
payment of money, the sale of property, the delivery of possession, or other enforcement
measures.

Each mode of execution has specific rules and procedures that must be followed, and the court
retains discretion in deciding the most appropriate method of execution based on the facts of
the case.
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4. Difference b/w judgement and decree

In the Code of Civil Procedure (CPC), 1908, the terms judgment and decree have distinct
meanings and functions. While they are both central to the resolution of civil suits, they refer to
different stages and aspects of the judicial process.

Here’s a detailed comparison between judgment and decree under the CPC:

1. Definition

Judgment (Section 2(9) of CPC)

A judgment is the formal expression of the opinion of the court on the issues raised in the case.
It includes the reasons for the decision, the law applied, and the final conclusion. A judgment is
given after the court has heard the arguments, considered the facts, and made a determination
on the matters in dispute.

 Nature: It is a reasoned decision that sets forth the facts and law applied by the court to the
case at hand.

 Content: The judgment will typically state the court's findings on the issues raised, the law
applicable, and a summary of the evidence presented. It also outlines the reasoning behind
the decision.

Decree (Section 2(2) of CPC)

A decree is the formal expression of the court's decision regarding the matter in issue in a suit. It
signifies the conclusion of the case by granting or refusing the relief sought by the parties. A
decree follows the judgment and gives the legal effect to the decision made by the court.

 Nature: It is the final order that disposes of the matter in question in the suit.

 Content: A decree simply declares the relief granted, whether it be a money judgment, an
order for possession, or any other form of relief. It does not necessarily contain the detailed
reasoning or analysis behind the decision.

2. Purpose and Function

Judgment
 The primary purpose of a judgment is to provide the rationale for the court’s decision. It
explains why a particular decision was reached based on the law, facts, and issues.

 It acts as a record of the legal reasoning and factual findings of the court.

 A judgment is important for the party’s right to appeal. The reasons for the decision are
outlined in the judgment, which is necessary for the higher court to review and understand
the lower court’s reasoning.

Decree
 A decree's primary purpose is to give effect to the decision made by the court. It is the
formal statement that officially concludes the case by granting or denying the relief sought.

 A decree signifies that the court has made a final decision on the matter of dispute, and it
directs what action must be taken (such as payment, possession, or injunction).
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 It provides a basis for execution, i.e., the process by which the judgment is enforced. The
decree is what the decree-holder seeks to execute if the judgment debtor refuses to comply.

3. Types

Judgment

 Interim Judgment: A judgment given at an interim stage of the suit, not final, such as for an
injunction or interim relief.

 Final Judgment: The final decision on the merits of the suit that resolves all issues and ends
the litigation, subject to appeal.

Decree

 Preliminary Decree: A decree given at an early stage of the proceedings, not final, which
requires further proceedings (e.g., in partition suits or suits for accounts).

 Final Decree: A decree that finally resolves the suit, completing the judicial process.

4. Legal Effect

Judgment

 A judgment provides the reasoning and basis for the court's decision but does not, in itself,
have the power to enforce the decision. It is the court's opinion or reasoning for granting or
denying the relief.

 The judgment is necessary for the party to know the grounds for the decision and is required
for an appeal.

Decree

 A decree is an enforceable order. It carries the legal weight of the decision, directing what
should be done (such as payment, possession, or a specific performance of a contract).

 The decree is what is executed. If the judgment is in favor of one party, the decree is the
order that will be implemented, such as through attachment of property, arrest, or delivery
of possession.

5. Appeal

Judgment

 A judgment can be appealed if it contains a decision on a substantive issue of the case. The
appellate court reviews the judgment to determine if the lower court correctly applied the
law or assessed the facts.

Decree

 A decree, especially a final decree, is appealable to a higher court. An appeal from a decree
is typically filed in the appellate court, and the court reviews both the decree and the
judgment to determine if the lower court's decision was correct.

6. Relationship Between Judgment and Decree

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 Every decree must be preceded by a judgment. In essence, the judgment contains the
reasoning and basis for the decree.

 A decree gives effect to the judgment, but a judgment does not automatically result in the
enforcement of a decision; the decree is what is executed.

7. Examples

Judgment Example:

 Case: A suit for the recovery of money is filed by a plaintiff who claims the defendant owes a
debt.

 Judgment: The judgment will outline the court’s findings, such as the defendant's liability,
evidence supporting the plaintiff’s claim, and the application of the relevant law.

Decree Example:

 Case: The same suit for the recovery of money is decided.

 Decree: The decree will order the defendant to pay a specific amount of money to the
plaintiff within a certain time frame. If the defendant fails to comply, the decree-holder can
enforce the payment through execution proceedings.

Summary of Key Differences

Aspect Judgment Decree

Definition The court's formal opinion or The formal expression of the court’s
reasoning on the issues. decision.

Purpose Provides the reasoning behind the Specifies the relief granted or denied.
decision.

Function Explains the legal findings and Orders the relief to be granted or
conclusions. enforced.

Legal No enforceable effect by itself. Enforceable order; basis for

Effect execution.

Appeal Can be appealed if it contains The decree can be appealed to a

substantive issues. higher court.

Types Final judgment, interim judgment. Preliminary decree, final decree.

In conclusion, the judgment provides the reasons and analysis for the court’s decision, while
the decree is the formal, enforceable order that implements the judgment. Both are
interrelated but serve different purposes in the judicial process.

5. What is ex-parte decree? Remedies open to the person against

whom such decree is passed
An ex parte decree refers to a decree passed by the court in favor of one party (typically the
plaintiff) without hearing the other party (the defendant). This occurs when the defendant fails
to appear before the court despite being duly notified (served with summons).
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Ex Parte Decree in the CPC:

As per the Code of Civil Procedure (CPC), 1908, an ex parte decree is provided under Order IX,
Rule 6 and Order IX, Rule 7. Here's how it generally comes about:

1. Non-Appearance of the Defendant: When the defendant does not appear on the scheduled
date of hearing despite receiving a valid summons, the court may proceed to hear the case in
the absence of the defendant and pass an ex parte decree.

2. Conditions for Passing an Ex Parte Decree:

o The defendant must be properly served with the summons.

o The defendant must fail to appear or respond to the court’s summons without any
valid reason.

Legal Consequences of an Ex Parte Decree

 Binding Effect: Once passed, an ex parte decree is legally binding on the party against whom
it is passed, just like any other decree. However, the party against whom it is passed may
seek to set it aside if they can provide a valid reason for their non-appearance.

 Execution: The decree-holder (the party in whose favor the decree is passed) may seek to
execute the ex parte decree, i.e., initiate steps to enforce the decree, such as attaching
property or other enforcement measures, once it becomes final.

Remedies Available to the Person Against Whom an Ex Parte Decree is Passed

If a party (the defendant) feels that an ex parte decree has been unjustly passed against them,
they have several remedies available to challenge or set aside the decree. The options are as
follows:

1. Application to Set Aside the Ex Parte Decree (Order IX, Rule 13)

Order IX, Rule 13 of the CPC allows the defendant to file an application to set aside the ex
parte decree. This remedy is available under the following circumstances:

 Non-appearance due to absence or failure to be served with summons: If the defendant

was not properly served with summons or was unaware of the proceedings, they may seek
to set aside the ex parte decree.

 Non-appearance due to illness or other genuine reasons: If the defendant could not appear
in court due to illness, accident, or any other reasonable excuse, they may request the court
to set aside the ex parte decree.

Conditions:

o The defendant must apply to set aside the decree within 30 days from the date they are
made aware of the decree.

o The defendant needs to show sufficient cause for their non-appearance and why the case
should be heard in their presence.

Process:
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o The application is made to the court that passed the ex parte decree.

o If the court is satisfied that the absence was due to a genuine reason, it may set aside the ex
parte decree and allow the defendant to contest the case.

2. Appeal (Order XLI)

If the application to set aside the ex parte decree is rejected or the defendant believes the
decree is incorrect or unjust, they may file an appeal under Order XLI of the CPC.

 Appeal: An appeal can be filed to a higher court, challenging the decision made by the lower
court.

 Grounds for Appeal: The defendant can argue that the decree was passed erroneously, or
that the trial court failed to consider key facts or legal principles.

3. Review of the Ex Parte Decree (Order XLVII)

Under Order XLVII, the court has the power to review its own orders, including ex parte
decrees. The defendant may seek a review if they believe that the court made an error of law or
fact.

 Grounds for Review:

o The discovery of new and important evidence that was not available earlier.

o The existence of an error on the face of the record, or some other valid legal reason.

Limitation: The review application must be filed within 30 days from the date of the order.

4. Application for Re-hearing (Order IX, Rule 9)

If a defendant misses the hearing and the ex parte decree is passed, they may file an application
for re-hearing under Order IX, Rule 9 of the CPC.

 Re-hearing is allowed only if the defendant can show good cause for their non-appearance
(e.g., illness, lack of knowledge of the proceedings).

 The court may re-hear the matter and grant a fresh opportunity to the defendant to present
their case, possibly resulting in a different judgment.

5. Filing a Fresh Suit (In Specific Cases)

In some situations, if the ex parte decree is set aside or is found to be invalid, the defendant
may choose to file a fresh suit. This option arises if the court allows the case to proceed afresh
after the ex parte decree is set aside or if there are significant grounds that invalidate the
previous decree.

Conclusion

An ex parte decree can be passed when the defendant fails to appear in court, but the
defendant has several remedies to contest or challenge the decree:

1. Application to set aside the ex parte decree (Order IX, Rule 13).
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2. Appeal to a higher court (Order XLI).

3. Review of the decree (Order XLVII).

4. Application for re-hearing (Order IX, Rule 9).

5. Filing a fresh suit in specific cases.

The most common remedy for a person against whom an ex parte decree is passed is to apply
under Order IX, Rule 13 to have the decree set aside. This remedy is available when the
defendant has a valid excuse for not attending the proceedings or being served with notice.
However, this must be done within the prescribed time limit (usually 30 days).

6. Discovery, inspection and production of documents under the

code
In civil litigation, the discovery, inspection, and production of documents are crucial tools that
help parties gather evidence and prepare their cases. These provisions are specifically governed
under Order XI and Order XIII of the Code of Civil Procedure (CPC), 1908. They aim to ensure
transparency, fair trial, and help in the effective administration of justice by allowing parties to
access relevant documents in the possession of the opposite party.

1. Discovery of Documents (Order XI, Rule 1-5)

The term discovery refers to the process through which a party can require the other party to
disclose or produce documents in their possession or control that are relevant to the case. The
discovery of documents is primarily governed by Order XI of the CPC.

Order XI, Rule 1: Duty to Produce Documents

 A party to the suit is required to disclose the documents that they rely on in their case. This
rule applies to both the plaintiff and defendant.

 A list of documents must be filed with the court by each party, and the documents should be
produced in court if requested.

Order XI, Rule 2: Interrogatories

 A party can serve interrogatories (written questions) to the opposite party, seeking
information about the documents they have. These interrogatories are used to compel the
opposite party to disclose the documents in their possession or answer questions about
them.

 Interrogatories can be served after the framing of issues in the suit, and they must be
answered within ten days.

Order XI, Rule 3: Application for Discovery of Documents

 A party can file an application to the court if they believe that the opposing party has
documents relevant to the case but is not voluntarily disclosing them.

 The court may order the opposing party to produce the documents for inspection or explain
why they should not be required to do so.

Order XI, Rule 4-5: Failure to Comply

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 If a party refuses or neglects to produce the documents requested, the court may impose
penalties or adverse inferences. This non-compliance may also lead to the dismissal of the
suit or the application.

 Order XI, Rule 5 allows the court to order a party to answer questions about any documents
that may be in their possession or control, even if not specifically listed.

2. Inspection of Documents (Order XI, Rule 6-13)

Inspection refers to the process of allowing a party to examine or inspect the documents that
have been disclosed by the other party.

Order XI, Rule 6: Right to Inspection

 Once documents have been disclosed by the opposite party, the party seeking discovery has
the right to inspect these documents at a reasonable time and place.

 The party requesting inspection may take copies of the documents or request the court to
issue directions for the inspection of documents.

Order XI, Rule 7: Application for Inspection

 If the party seeking inspection is denied access to the documents, they can file an application
before the court to enforce the right of inspection.

Order XI, Rule 8-13: Rules for Inspection

 The court may impose conditions on the inspection, such as the time, place, or manner in
which it is to take place. For instance, it may be allowed only under the supervision of the
court or in the presence of a representative from the opposing party.

3. Production of Documents (Order XIII, Rule 1-4)

Production of documents refers to the formal act of submitting documents in court as evidence
in the suit. This process is governed by Order XIII of the CPC.

Order XIII, Rule 1: Documentary Evidence

 A party must file a list of documents that they intend to use in support of their case. This list
is filed with the court and shared with the opposing party.

 The documents must be produced in court during the trial, and the court will decide their
admissibility.

Order XIII, Rule 2: Time for Production of Documents

 Documents must be produced at the earliest possible stage of the proceedings, preferably at
the time of filing the suit or written statement.

 If a document is filed later, the party must provide a reason for the delay and obtain the
court’s permission to present the document.

Order XIII, Rule 3: Documents Not Mentioned in the List

 If a document is not included in the list of documents, the party seeking to produce it must
explain why it was not initially disclosed.
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 In such cases, the court will decide whether the document can be admitted based on its
relevance and the reason for the delay.

Order XIII, Rule 4: Proof of Documents

 Documents produced in court must be properly proved in accordance with the rules of
evidence. A document is usually proved through its author or by secondary evidence.

 If a document is not produced in the original, the party may produce a copy and prove it as a
secondary document.

4. Enforcement and Consequences of Non-Compliance

 If a party fails to comply with the discovery, inspection, or production requirements, the
court may take several actions, such as:

o Adverse inference: The court may draw adverse inferences against the party refusing to
disclose documents.

o Striking out pleadings: The court may strike out the pleadings of the non-compliant party
or dismiss the case.

o Contempt of Court: In extreme cases, a party’s failure to comply with orders may lead to
contempt of court proceedings.

5. Special Provisions for Discovery and Inspection in Specific Cases

 In certain cases, such as when there is a privilege over a document (e.g., legal professional
privilege, public interest immunity), the court may exempt a party from disclosing the
document.

 If the document is irrelevant or is considered confidential, the court may allow it to be

withheld or disclosed only under certain conditions.

Conclusion

The discovery, inspection, and production of documents under the CPC are vital mechanisms
that promote transparency in litigation and help ensure that all parties have access to relevant
evidence. These processes are designed to avoid surprise during trial and allow parties to build
their cases based on the facts and evidence available.

 Discovery refers to the process of requiring the opposite party to disclose relevant
documents.

 Inspection allows the party seeking discovery to examine or inspect the documents
disclosed.

 Production of Documents involves formally submitting the documents to the court as part of
the evidence in the case.

These processes are regulated under Order XI and Order XIII of the CPC and ensure a fair trial by
providing both parties with equal access to relevant information.
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7. Compromise under minor suit

In a suit involving a minor (a person under the age of 18), a compromise refers to an agreement
or settlement reached between the parties, which resolves the dispute without going to full
trial. However, because minors are legally considered incapable of making binding decisions for
themselves in many contexts, there are special provisions under the Code of Civil Procedure
(CPC) regarding compromises in suits involving minors.

Key Provisions Regarding Compromise in Minor Suits

The provisions concerning compromises in suits involving minors are outlined primarily in Order
XXXII, Rule 7 and Order XXXII, Rule 10 of the CPC. These rules protect the interests of minors
and ensure that any settlement reached is for their benefit and is sanctioned by the court.

1. General Rule: Minor Cannot Be a Party to a Binding Compromise Without Court Approval

 A minor cannot personally enter into a valid and binding compromise or settlement in a suit.

 According to Order XXXII, Rule 7 of the CPC, no compromise can be made on behalf of a
minor in a suit unless the court has given its approval.

Reason: The rationale is that a minor lacks full legal capacity to make decisions in their best
interest, particularly in legal matters. Therefore, any compromise entered into must be
protected and scrutinized by the court to ensure it serves the minor's welfare.

2. Procedure for Compromise in Minor Suits (Order XXXII, Rule 7)

Order XXXII, Rule 7 - Compromise of Suits Involving Minors

 Role of Guardian: In suits involving minors, a next friend or guardian (appointed under the
CPC) represents the minor in the legal proceedings. The guardian or next friend may enter
into a compromise on behalf of the minor, but this compromise must be approved by the
court to be valid.

 Approval of Compromise: The court will examine the terms of the compromise to ensure
that it is just, fair, and in the best interest of the minor. If the court finds the compromise
beneficial to the minor, it may approve it. If not, the court may refuse to accept the
compromise.

o The court's primary concern is the welfare of the minor, and the court will scrutinize
whether the terms of the compromise meet the minor’s best interests.

o The court may appoint a guardian ad litem if the minor’s interests are not being properly
represented by the existing guardian or next friend.

 Order of the Court: After considering the facts and ensuring the minor’s interests are
protected, the court will pass an order sanctioning the compromise. Only after this sanction,
the compromise will be legally binding.

Form of Compromise and Terms:

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 If the compromise involves the payment of money or the transfer of property to the minor,
the court may ensure that the funds or property are properly safeguarded for the minor,
such as by placing it in a trust or appointing a suitable guardian for managing the assets.

 The court will consider factors such as:

o The minor’s financial status.

o The nature of the suit.

o The long-term impact of the compromise on the minor’s welfare.

3. Compromise in Guardianship and Family Matters

 In cases such as family disputes, guardianship cases, or partition suits, compromises may
often involve arrangements concerning the minor’s custody, maintenance, or share in
property. These compromises require strict judicial scrutiny because they directly affect the
minor’s future.

 Order XXXII, Rule 10 provides that in the case of suits regarding custody or marriage, any
settlement or compromise must also be specifically approved by the court.

4. Role of the Court in Compromise

 The court plays a supervisory role in cases involving minors. Even if both parties in the suit
reach a settlement or compromise, the court cannot allow this compromise unless it is in the
best interests of the minor.

 The court may ask for reports or opinions from social workers, psychologists, or child welfare
experts to ensure that the minor's interests are adequately protected.

5. Consequences of Invalid Compromise

If a compromise involving a minor is made without the court’s approval, the compromise is
voidable. In other words:

 If the court does not approve the compromise, the matter will proceed to trial.

 If the compromise is made but the court later finds that it was not in the minor’s best
interests, the court may set it aside.

Summary of the Key Provisions Regarding Compromise in Minor Suits

Aspect Details

Who can enter into a compromise The guardian or next friend representing the
minor.

Court’s Role The court must approve the compromise to

ensure it is in the minor's best interest.

Approval of Compromise The compromise must be just and fair to the

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minor. The court will examine whether it is in the

minor’s welfare.

Form of Settlement May involve money, property, or other assets,

which must be managed to protect the minor’s
interests.

Legal Effect A compromise entered into without the court’s

approval is void and unenforceable.

Special cases In cases such as custody or guardianship,

compromises require strict court scrutiny under
Order XXXII, Rule 10.

Conclusion

In suits involving a minor, a compromise cannot be entered into directly by the minor. Instead,
the minor’s guardian or next friend can attempt a compromise, but it must receive approval
from the court. The court’s primary concern is to ensure that any agreement reached serves the
best interests of the minor, given their lack of legal capacity to make binding decisions.
Therefore, all compromises in minor suits are subject to the court’s careful examination and
approval.

8. Proclamation of sale
A proclamation of sale refers to an official public notice issued by the court in execution proceedings,
notifying the sale of property to satisfy a decree. It is a mandatory step in the process of executing a
decree for the recovery of money or enforcement of a civil judgment, particularly in cases where a
property is to be sold to satisfy the debt. The proclamation ensures transparency, fairness, and gives
the public an opportunity to participate in the sale.

The proclamation of sale is governed by the provisions of Order XXI, Rule 66 of the Code of Civil
Procedure (CPC), 1908.

Provisions of Proclamation of Sale under CPC

1. When Proclamation of Sale is Required:

The proclamation is issued when the court has ordered the sale of property as part of the execution
of a decree. The most common situations where a proclamation of sale is required include:

 Sale of immovable property (such as land, houses, etc.) to recover money due under a decree.

 Sale of movable property when there is a need to recover dues, though the process for movable
property differs in some respects.

The proclamation of sale must be issued before the sale can take place.

2. Content of the Proclamation (Order XXI, Rule 66): The proclamation must contain specific details
about the property being sold and the execution proceedings. According to Order XXI, Rule 66 of the
CPC, the proclamation of sale must contain the following:
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 Description of the Property:

o A detailed and accurate description of the property to be sold, including its location,
boundaries, and any other identifying characteristics.

o For immovable property, details like the survey number, area, or property number may also
be included.

 Time and Place of Sale: The date, time, and venue where the sale will occur, including the auction
date and location (typically at the court or a designated public venue).

 Amount for Recovery: The amount due to the decree-holder, including the principal sum,
interest, and any costs or charges incurred in the execution process.

 Reserve Price (if applicable): The minimum price at which the property can be sold. The reserve
price is set to ensure that the property is not sold for an amount that is far below its market
value.

 Details of the Judgment: Reference to the decree number, date, and court where the decree was
passed.

 Notice of Right to Object: A notice that any person can object to the sale or bid amount if they
feel that the sale is not being conducted properly or that the property description is incorrect.

 Date of Proclamation: The date when the proclamation was issued by the court.

 Other Relevant Information: Any other information that may be necessary for transparency, such
as encumbrances, liens, or mortgages against the property.

3. Mode of Publication: The proclamation of sale must be published and notified in a manner that
ensures the public is aware of the sale. The methods of publication include:

 Affixing at the Court House: The proclamation must be affixed at a conspicuous place in or near
the court where the sale is to take place. This serves as a public notice to people involved or
interested in the property.

 Public Notification: In addition to court house notice, the proclamation may also be published in
local newspapers or through other public channels like government gazettes, especially if the
property is of significant value or if the court deems it necessary for greater publicity.

 Personal Notice (if required): If the property is an immovable asset and is particularly important,
the court may also direct that notices be sent to the judgment debtor and any interested parties.

4. Time Limit for Proclamation: The proclamation of sale must be made at least 30 days before the
sale is to take place. The time frame is crucial to ensure that there is sufficient public awareness and
that potential buyers can inspect the property and decide whether they want to participate in the
sale.

5. Court’s Role and Supervision: The court retains oversight of the sale process. If the judgment
debtor or any other person objects to the sale or the contents of the proclamation, they may raise
their objections before the court. The court will then consider whether the proclamation was carried
out in accordance with the rules and whether the sale should proceed as planned.

6. Enforcement of Sale (After Proclamation): Once the proclamation of sale is issued, the property
will be auctioned or sold according to the rules prescribed under the CPC. The sale proceeds will be
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used to satisfy the judgment debt, including any costs associated with the execution of the decree. If
the sale proceeds are insufficient to cover the entire amount due, the judgment debtor may still owe
the remaining balance.

7. Legal Consequences of Non-Compliance: If the proclamation of sale is not properly made or does
not comply with the required provisions of the CPC (e.g., inadequate description of the property,
improper publication, or failure to follow the prescribed time limits), the sale may be challenged.
Such deficiencies could result in the sale being set aside by the court, which might require the entire
sale process to be restarted.

Conclusion

The proclamation of sale is a crucial procedural step in the execution of a decree, particularly in the
sale of immovable property. It serves as a public notice to ensure fairness and transparency,
informing all interested parties about the sale and its details. Key elements like property description,
sale time, reserve price, and relevant legal references are mandatory to ensure the process is
conducted legally. The court oversees the sale and can intervene if any party raises valid objections.

UNIT – IV
1. Temporary injunction. Circumstances, grounds and principals to
grant temporary injunction, can it be modified.
A temporary injunction is a provisional order made by a court in the course of litigation to
preserve the status quo and prevent harm or injury to a party until the final judgment is
delivered. It is a form of equitable relief granted during the pendency of a suit, and it aims to
ensure that the party's rights are not prejudiced during the legal process.

Provisions Under CPC for Temporary Injunction

A temporary injunction is governed by Order XXXIX of the Code of Civil Procedure (CPC), 1908.
Specifically, Order XXXIX, Rules 1 and 2 deal with the grant of temporary injunctions.

Circumstances for Granting a Temporary Injunction

A temporary injunction can be granted under the following circumstances:

1. Prevention of Harm or Injury: If there is a reasonable apprehension that the opposite party
may cause irreparable harm to the applicant's rights or property during the course of the
trial, a temporary injunction may be granted to prevent such harm. This includes situations
where damage or injury is likely to occur, and such injury cannot be compensated by
monetary damages.

2. To Preserve the Status Quo: The court may grant a temporary injunction to maintain the
status quo and prevent any alteration of the situation that could make the final judgment
ineffectual.

3. To Protect the Plaintiff's Interests: When the plaintiff demonstrates that their legal rights or
interests are likely to be affected if the defendant is not restrained.

4. Preventing the Opposite Party from Doing Something: A temporary injunction may be
issued if the defendant is likely to take actions that could damage or violate the rights of the
plaintiff (such as transferring property, altering a contract, or damaging assets).
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Grounds for Granting a Temporary Injunction

A temporary injunction is granted based on the following grounds:

1. Prima Facie Case: The applicant must show that they have a prima facie case on merit. This
means there should be some probability or appearance of the plaintiff’s legal right being
violated. The court does not need to decide the case finally, but there should be enough
evidence to suggest that the applicant has a genuine claim.

2. Irreparable Injury: The applicant must show that they would suffer irreparable injury if the
injunction is not granted. Irreparable injury refers to harm that cannot be adequately
remedied by monetary compensation or that which would destroy the very subject matter of
the suit.

For example, if a piece of land is being sold and the plaintiff is unable to get it back after the
sale, the injury may be considered irreparable.

3. Balance of Convenience: The court must determine that the balance of convenience favors
the party seeking the injunction. This means that granting the injunction will cause less harm
to the defendant than denying it will cause to the plaintiff. The harm to the plaintiff must
outweigh the harm to the defendant.

4. Adequate Remedy at Law: A temporary injunction is typically not granted if the party has an
adequate legal remedy available. For instance, if monetary compensation or another form of
relief can adequately address the plaintiff’s grievances, the injunction may not be necessary.
If no other remedy (such as damages) will provide adequate relief, an injunction may be
granted.

Principles for Granting a Temporary Injunction

The following principles guide the court in granting a temporary injunction:

1. No Final Determination on the Merits: A temporary injunction is not meant to give a final
judgment on the merits of the case but to preserve the plaintiff’s rights during the pendency
of the suit. The court only examines whether there is sufficient reason to prevent harm in the
interim.

2. Discretion of the Court: Granting or refusing a temporary injunction is a matter of judicial

discretion. The court considers various factors, including the likelihood of success on the
merits, the urgency of the case, and the possible harm to both parties.

3. Equity and Fairness: The court exercises its equitable jurisdiction when granting temporary
injunctions. It ensures that no party suffers undue harm while the suit is pending. Equity
principles ensure fairness between the parties in dispute.

4. Adequate Remedy: As mentioned above, the court will only grant an injunction if there is no
adequate legal remedy. If there is another way to remedy the situation (e.g., through
monetary compensation or other legal actions), an injunction is not warranted.

5. Prevention of Frivolous or Vexatious Lawsuits: The court ensures that a temporary

injunction is not granted to prevent frivolous or vexatious actions. The applicant must show
that the case is substantial and serious.
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Modification of Temporary Injunction

A temporary injunction can be modified, suspended, or vacated by the court under certain
circumstances.

1. Modification of Temporary Injunction:

Under Order XXXIX, Rule 4 of the CPC, the court may modify, suspend, or even dissolve a
temporary injunction if:

 New circumstances arise, or there is a change in the facts or conditions upon which the
injunction was granted.

 If the balance of convenience shifts, or it is demonstrated that the injunction was wrongly
granted.

 The applicant may approach the court with an application seeking modification of the terms
of the injunction if the circumstances have changed.

2. Grounds for Modification:

 Change in circumstances: If the situation has changed since the injunction was granted, the
court may modify the injunction.

 Breach of conditions: If the conditions for granting the injunction are no longer met, the
court can modify or vacate the order.

 Failure to show irreparable injury: If the plaintiff fails to demonstrate irreparable injury or
the original grounds for the injunction no longer exist, the court may decide to modify or lift
the injunction.

3. Duration of Temporary Injunction:

 A temporary injunction is typically issued for a limited time during the pendency of the suit.
If the case is not resolved within that time frame, the court can extend the injunction or
modify its terms based on the progression of the case.

Conclusion

A temporary injunction is an equitable remedy used to prevent harm to a party before a final
judgment is passed in a suit. It is granted based on the existence of a prima facie case, the risk
of irreparable harm, the balance of convenience, and the absence of an adequate legal
remedy.

The court has discretion in granting a temporary injunction, and it exercises its power based on
equity and fairness. It can be modified, suspended, or dissolved depending on the
circumstances and the progression of the case.

This ensures that the rights of the parties are protected while the dispute is pending in court,
and it allows the court to prevent injustice before a final decision is made.
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2. Procedure for suit by indigent person, government or public

officers
Under the Code of Civil Procedure (CPC), 1908, certain persons or entities who may not have
the financial means to pay court fees for filing a suit are allowed to file a suit free of cost or with
reduced court fees. This provision is especially beneficial for indigent persons, government
bodies, and public officers. The CPC includes provisions to address how such suits should be
filed, processed, and decided.

1. Suit by Indigent Person (Order XXXIII)

An indigent person is someone who is unable to pay the court fees due to lack of sufficient
means. Order XXXIII of the CPC outlines the procedure for suits filed by indigent persons. These
persons are allowed to sue or defend in a court without paying the requisite court fees or by
paying reduced fees.

Procedure for Suit by Indigent Person (Order XXXIII)

Order XXXIII of the CPC allows indigent persons to file a suit without the payment of court fees.
The procedure is as follows:

 Application to Sue as Indigent Person:

o The person wishing to file a suit as an indigent person must submit an application to the
court, seeking permission to file the suit without paying the court fees.

o The application should be filed along with the plaint (the suit), and the applicant must
submit a full disclosure of their financial status.

 Affidavit and Declaration:

o The applicant is required to file an affidavit stating their inability to pay court fees and
detailing their financial status, such as income, assets, liabilities, and family dependents.

o The court examines the financial condition of the applicant to determine whether they
qualify as an indigent person.

 Inquiry by Court:

o The court may conduct an inquiry into the applicant's financial condition. The court may
ask the applicant to provide proof of income or assets.

o The court has the discretion to accept or reject the application based on the facts
presented.

 Admission of the Suit: If the court is satisfied that the applicant is an indigent person, it will
allow the suit to be filed without the payment of the required court fees, or the person may
be permitted to pay reduced fees.

 Representation of Indigent Persons: The next friend (if the applicant is a minor or mentally
ill person) or the applicant themselves will represent the case in court.

 Costs of the Suit:

o If the suit is decided in favor of the indigent person, the court fee will be waived.
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o However, if the suit is dismissed or the indigent person loses the case, the court may
direct that they pay the court fees later, or impose the liability on the defendant to
pay the costs.

Conditions for Granting Leave to Sue as an Indigent Person (Order XXXIII, Rule 1)

 The applicant must show that they cannot pay the court fees and that their suit is genuine.

 The applicant must prove their indigence through an affidavit and supporting documents.

2. Suit by Government or Public Officer (Order XXXII and Other Provisions)

The government and public officers are also granted certain exemptions under the CPC for filing
suits, often in the context of public duties. Such suits can involve matters like the recovery of
public debts, enforcement of public rights, or other actions involving public interest.

Suit by the Government (Order XXXII, Rule 7)

 No Court Fee: The government or any public officer can file a suit without paying court fees
if it is acting in its official capacity (for example, enforcing laws, recovering public money,
etc.).

 Representation by Public Officer: A public officer acting on behalf of the government in a

suit may file a suit with or without paying court fees, depending on the nature of the suit and
the policy in force.

 The suit may be for recovery of money, restitution of property, or any other action that
serves the public interest.

Suit by Public Officer in Official Capacity (Order XXXII, Rule 8)

 Public officers can file suits in their official capacity (like police officers, revenue officers, etc.)
and may be granted exemptions for filing fees in certain circumstances. If they are acting on
behalf of the government, they do not need to pay court fees in certain cases.

 The government or its authorized officers may also sue in representative capacity, and the
court will grant relief accordingly.

General Provisions for Suits by Government Bodies:

 Government Pleaders and Public Officers may represent the government in civil suits, and
certain procedural relaxations, such as exemptions from court fees or simplified filing
processes, may apply.

 Special rules may apply for suits related to land, property recovery, or enforcement of
public rights.

3. Rules for Exemption from Court Fees for Government and Public Officers

 Government Laws: In some situations, the government may file a suit without paying court
fees. For example, when the government is seeking to recover a debt, or enforce a public
right.
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 Public Interest and Public Duty: In suits relating to public duties or public welfare, public
officers or the government can file suits on behalf of citizens without having to pay court
fees.

 Court’s Discretion: The court has the discretion to grant an exemption or reduction in court
fees based on the nature of the case, especially when the government or its officers are
involved.

Summary of Key Points:

Category Provisions

Indigent Person - Application to sue without paying court fees. - Must prove financial
inability through an affidavit. - Court may allow the suit to be filed
without fees or with reduced fees.

Government/ - Exemption from court fees in suits filed by the government or public
Public Officer officers acting in an official capacity. - Suits may involve public duties
or enforcement of public rights.

Suit by - The government may file suits to recover public debts, property, or
Government enforce public rights without paying court fees. - The government or
its officers may be exempt from paying fees in certain suits related to
public duties.

Conclusion

The Code of Civil Procedure (CPC) recognizes that some individuals or entities, such as indigent
persons or government/public officers, may not have the financial means to pay court fees to
access justice. As a result, the CPC provides specific provisions for these parties to file suits
without paying full court fees, subject to meeting certain criteria or conditions. This ensures that
individuals or bodies acting in the public interest or those facing financial hardships can still
seek legal remedies.

3. Procedure for suit against indigent person, government or public

officers
In the Code of Civil Procedure (CPC), 1908, the provisions for filing a suit against an indigent
person, government, or public officers are structured to provide for the protection of public and
individual rights while considering the special nature of these entities or individuals. These
provisions specify how such suits should be filed, the procedural requirements, and exemptions
related to court fees and other costs.

1. Procedure for Suing an Indigent Person (Order XXXIII)

While indigent persons (persons who cannot afford to pay court fees) have special provisions
allowing them to file suits without paying court fees, the process for filing a suit against an
indigent person follows the general procedures for a civil suit.
Filing a Suit Against an Indigent Person
When a plaintiff wishes to file a suit against an indigent person, the regular rules under the CPC
apply. However, the defendant (indigent person) may apply to file a suit as an indigent person.
Here's the process for filing a suit against an indigent person:
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1. General Procedure for Filing a Suit:

o The plaintiff files the suit in the appropriate court.
o The court fees are usually paid by the plaintiff.
o The court proceeds with the suit as it would with any other civil matter.
2. Special Provisions for Indigent Persons (if Defendant is Indigent):
o If the defendant is an indigent person (unable to pay court fees), they can apply to the
court under Order XXXIII of the CPC to defend the suit without paying court fees.
o This is done by submitting an application under Order XXXIII, Rule 1, claiming indigence,
where the defendant provides an affidavit to the court detailing their inability to pay court
fees.
3. Application of Plaintiff’s Rights:
o If the defendant files a suit as an indigent person, the plaintiff may not be required to pay
the usual court fees for the suit. However, this is generally a defense mechanism for the
defendant, not for the plaintiff.
o The usual process of filing a suit against an indigent person would continue as per the
CPC, but the court will apply the rules of civil procedure appropriately in view of the
defendant's inability to pay court fees.

2. Procedure for Suing the Government or Public Officers (Order XXXII)

Suits against the Government or public officers involve certain specific rules due to their special
nature and public responsibilities. The CPC provides separate provisions for suits against the
government or public officers acting in their official capacity.
Suits Against the Government:
1. Application of Government to be Sued (Order XXXII, Rule 2):
o A suit against the government may be filed by serving a notice upon the government, as
stipulated under Section 80 of the CPC. This is a mandatory notice requirement.
o The plaintiff must give the government notice of the intended suit at least two months
before filing the suit, unless the court finds that it is not practical to do so.
2. Service of Notice:
o The notice should clearly mention the cause of action, the relief sought, and the name of
the public officer against whom the suit is filed.
o The notice should be served to the concerned government department or the relevant
government officer responsible for the matter in dispute.
3. Government Pleader or Representative:
o The government is usually represented in a suit by a Government Pleader, who is an
officer appointed by the government to conduct the defense of such suits.
o The government pleader is responsible for representing the government's case in court,
and he or she may be assisted by legal advisors from the relevant government
department.
4. Procedure for Filing:
o The plaintiff files the suit in the appropriate court.
o The usual civil procedure for issuing summons, written statements, and framing issues will
apply.
o If the government is the defendant, the government pleader or the relevant officer will
respond to the claims made against the government.
Suits Against Public Officers (Order XXXII, Rule 7):
1. Suits Against Public Officers in Official Capacity:
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o Public officers can be sued in their official capacity. Public officers acting in their personal
capacity, however, will be governed by the regular provisions for civil suits.
o For example, a police officer may be sued in their official capacity if they have committed
a wrong or negligence while carrying out their official duties (e.g., wrongful arrest).
2. Service of Notice to Public Officers:
o For suits against public officers in their official capacity, the process of service of notice is
similar to the procedure for government suits. The concerned public officer must be
notified of the suit, and the appropriate legal processes must be followed.
3. Government and Public Officer Representation:
o In the case of suits against public officers, the government (as the principal) may be
joined as a defendant, and public officers may appear and represent their actions through
government counsel.
4. Court Fees:
o In cases where public officers or the government are defendants, the normal rules for
court fees apply, although some exemptions or concessions may exist depending on the
nature of the suit (e.g., suits involving public interest, public rights, or official duties).

3. Specific Provisions for Suits Against the Government or Public Officers

 Notice Requirement: Under Section 80 of the CPC, any suit against the government or a
public officer in their official capacity must give at least two months' notice before filing the
suit. This allows the government a chance to settle the issue or consider the matter before a
suit is filed.
 Limitation Period: The limitation period for filing suits against the government or public
officers is generally the same as for private parties. However, the notice requirement affects
the overall timeline for filing such suits.

Summary of the Procedure for Suing Indigent Persons, Government, or Public Officers
Category Procedure
Suing an - Plaintiff files a suit in the usual manner. - Defendant can file a
Indigent Person petition to sue as an indigent person under Order XXXIII. - Court
determines if the defendant can sue without paying court fees.
Suing the - Notice under Section 80 is required before filing a suit against the
Government government. - Two-month notice to be given, stating cause of action
and relief sought. - Government represented by a Government
Pleader.
Suing Public - Similar to suing the government, with the notice requirement and
Officers representation by legal advisors. - Public officers can be sued for
actions taken in their official capacity.

Conclusion
The CPC provides specific rules and procedures for filing suits against indigent persons,
government bodies, and public officers.
 In the case of indigent persons, the suit can be filed in the usual manner, but special
provisions allow indigent defendants to apply to be exempt from paying court fees.
 Suits against the government require a two-month notice and are represented by the
government pleader.
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 Similarly, public officers can be sued for actions in their official capacity, with appropriate
representation and legal formalities.
These provisions aim to ensure that the legal process remains accessible, fair, and transparent,
even for those who are financially unable to pay for court procedures or those who represent
the state or public interests.

4. Caveat
A Caveat in the Code of Civil Procedure (CPC), 1908 is a legal provision that allows a party
(usually the respondent or defendant) to warn the court that a suit or application is about to be
filed, and they request the court not to pass any order without hearing them first. It is a
precautionary measure to protect the rights of a party before any orders or judgments are made
by the court in a matter where they have a vested interest. The Caveat is filed by a person who
has an interest in a matter and anticipates that the other party may seek an order or relief from
the court that may affect their interests.
The concept of Caveat is provided under Section 148A of the CPC, which was inserted by the
Amending Act of 1976.
Provisions for Caveat under the CPC
Section 148A - Caveat
1. Filing of Caveat:
o A party can file a Caveat before the court when they believe that the opposite party is
likely to move the court for an order or injunction that may affect their rights.
o The Caveat must be filed in writing by the person who intends to oppose the order or
application that may be filed by the other party.
2. Who can file a Caveat?
o The Caveat can be filed by any person who has a right to oppose the relief sought by the
other party. Typically, this could be a defendant in a case, a party who may be adversely
affected by a potential order, or any person who has a legal interest in the matter.
3. Caveat Procedure:
o Notice to the Caveator: When a caveat is filed, the court is required to inform the
caveator (the person who files the caveat) of any application that is made in the matter
that concerns their interests.
o If an application is filed by the opposite party (for example, seeking an injunction,
temporary relief, or other orders), the court will ensure that the person who filed the
caveat is notified before any order is passed.
o Hearing of the Caveator: The person who has filed the caveat has a right to be heard
before any ex-parte order is passed in the case.
4. Duration of the Caveat:
o The Caveat remains in effect for 90 days from the date of its filing, after which it expires.
If the caveator wishes to extend the caveat, they may file a fresh caveat for the same
matter.
5. Effect of Filing a Caveat:
o Once the Caveat is filed, the court cannot pass any ex-parte orders (orders without
hearing the other party) in the matter concerning the caveator without first giving them
an opportunity to be heard.
o It is important to note that a caveat is not a stay on the proceedings, but rather a
precautionary measure that ensures the caveator is informed and heard before any
adverse orders are passed against them.
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Key Points about Caveat:

1. Preventing Ex-Parte Orders: A Caveat prevents the court from passing orders without
hearing the person who filed the caveat, protecting their interests.
2. Filing of Caveat: The caveat should be filed in the appropriate court in anticipation of a
possible application or petition by the other party in the case.
3. Time Limit: The caveat remains in force for 90 days from the date of filing. If the matter is
still pending after this period, the caveat will need to be renewed.
4. Court’s Duty: Once a caveat is filed, the court must inform the caveator when an application
is made by the other party. The court cannot grant an order ex-parte without giving the
caveator a chance to be heard.
5. No Automatic Stay: The caveat does not automatically stay the proceedings or the orders of
the court. It simply requires that the caveator be heard before any decision is made on a
particular application.

Caveat Example:
Let's say a party A anticipates that party B will file an application for an injunction to stop them
from doing something. Party A, in anticipation, files a caveat under Section 148A. If party B then
files an application for the injunction, the court will not pass any orders without notifying A and
giving them an opportunity to be heard.

Summary:
Aspect Details
Provision Section 148A of the CPC.
Purpose To inform the court that a party intends to oppose a potential application,
ensuring that they are heard before any order is passed.
Filing A party files the caveat in anticipation of an application that may affect their
rights.
Duration The caveat remains in effect for 90 days from the date of filing.
Effect Prevents ex-parte orders and ensures the caveator is heard before any order is
passed.
Extensio The caveat can be extended by filing a fresh caveat before the expiration of the
n original caveat.

Conclusion
A Caveat under the CPC is a safeguard for a party to ensure they are heard before any orders or
decisions that may adversely affect their rights are passed by the court. By filing a caveat, a
person is essentially alerting the court and opposing party to the fact that they have a stake in
the matter and wish to be given an opportunity to be heard before any orders are passed,
thereby preventing ex-parte decisions.

5. Inherent power of court

Inherent Powers of the Court under the CPC
The inherent powers of the court refer to the discretionary powers that a court possesses,
which are not explicitly stated in the Code of Civil Procedure (CPC), 1908 but are essential to
ensure the proper administration of justice. These powers allow the court to deal with matters
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that are not directly covered by the specific provisions of the CPC, enabling it to fill gaps and
overcome technicalities when necessary.
The concept of inherent powers of the court is outlined under Section 151 of the CPC, which
empowers courts to exercise such powers to meet the ends of justice and prevent abuse of
process.

Section 151 - Inherent Powers of the Court

Section 151 of the CPC states:
"Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the
Court to make such orders as may be necessary for the ends of justice or to prevent the abuse of
the process of the Court."
This section essentially provides that the CPC does not take away the court's ability to make
orders that may be necessary to achieve justice or to prevent the abuse of the judicial process.
It ensures that the court retains flexibility to address situations that are not explicitly dealt with
by the code.
Key Features of Inherent Powers:
1. Prevention of Abuse of Process of the Court: The court can exercise its inherent power to
prevent any action or conduct that abuses or misuses the judicial process, ensuring that no
party takes unfair advantage of the system.
2. Ensuring Justice: The court has the discretion to make orders that may be necessary to
ensure justice, even if the exact situation is not directly addressed by the provisions of the
CPC.
3. Supplementing the Code: The inherent powers supplement the CPC by giving the court the
authority to act in situations where the existing provisions are not sufficient to deal with a
particular issue.
4. No Limitations: The powers are wide-ranging and not confined by the specifics of the CPC.
The only limitation is that these powers must be exercised reasonably and in good faith for
the administration of justice.
5. Preserving the Rule of Law: Courts can also exercise inherent powers to preserve the
integrity of the judicial process and uphold the rule of law, especially in situations where a
strict interpretation of the CPC could lead to injustice.

Examples of Inherent Powers

Some of the scenarios where a court might exercise its inherent powers include:
1. Issuance of Interim Orders: If the court finds that no provision of the CPC adequately allows
it to grant an interim order (like an injunction) in a case, it may exercise its inherent power to
issue such an order in the interests of justice.
2. Striking Out Pleadings:
o The court can strike out pleadings that are frivolous, vexatious, or intended to abuse
the court process under its inherent powers.
o For example, if a party repeatedly files irrelevant, baseless, or oppressive
applications, the court can strike them out.
3. Restoring Cases: If a case is dismissed for non-appearance or due to some technical flaw, the
court can exercise its inherent power to restore the case if it finds that doing so is in the
interest of justice, even if the rules are silent on the matter.
4. Setting Aside Ex-Parte Orders: The court can set aside ex-parte orders (orders passed
without hearing the other party) in the interest of justice, particularly if the party seeking the
order was not given an adequate opportunity to present their case.
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5. Preventing Abuse of Court Process:If a party is found to be misusing the court process (e.g.,
by filing multiple frivolous suits), the court can invoke its inherent powers to prevent such
abuse, such as dismissing the case or imposing penalties.
6. Amendment of Orders or Decrees:In certain cases, the court may use its inherent powers to
correct clerical or arithmetical mistakes in its orders or decrees, even if no specific provision
exists in the CPC for such corrections.
7. Proceedings Against Dead Persons:If a suit has been filed against a person who has passed
away, the court may exercise its inherent powers to set aside proceedings and substitute the
legal heirs.
8. Contempt of Court:Courts can use their inherent powers to deal with contempt
(misbehavior or disobedience in the court) and enforce orders or decrees.

Limitations on Inherent Powers

While Section 151 of the CPC provides wide powers to the courts, there are certain limitations:
1. Cannot Override Express Provisions:
o The inherent power cannot be used in such a way that it would contradict or
override the express provisions of the CPC. The court must act within the boundaries
of the law.
2. Exercise with Caution:
o The inherent powers should be exercised sparingly and cautiously. They should not
be used arbitrarily, and the court must ensure that their use is justified to maintain
the administration of justice.
3. Not for Granting Relief:
o Inherent powers cannot be invoked to grant relief or remedy that is explicitly
provided for under other provisions of the CPC. The inherent power is for procedural
flexibility, not to create substantive rights.
4. Cannot Be Used for Substantive Relief:
o Inherent powers are primarily procedural in nature. They cannot be used to grant
substantive relief in a case unless specifically provided by the law.

Conclusion
The inherent powers of the court under Section 151 of the CPC allow courts to ensure that
justice is done by acting in situations where the provisions of the CPC are silent or insufficient.
These powers are vital for maintaining fairness, preventing abuse of the court process, and
ensuring that the proceedings are conducted in a just and reasonable manner.
However, while the powers are wide, they are not unlimited. Courts must exercise these powers
cautiously, ensuring that their use aligns with the principles of justice, fairness, and due process.

6. Arrest before judgement

Arrest before judgment under the Code of Civil Procedure (CPC), 1908 refers to the provision
where a party (usually the defendant) can be arrested and detained before the court has
pronounced its final judgment. This provision is designed to prevent a defendant from
absconding, disposing of property, or otherwise evading the court's jurisdiction before the
judgment is delivered.
The provisions relating to arrest before judgment are outlined under Order XXXVIII of the CPC.
These provisions allow a plaintiff to seek an order for the arrest of the defendant before the
judgment is passed, provided certain conditions are met.
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Provisions for Arrest Before Judgment (Order XXXVIII)

Order XXXVIII, Rule 1: Arrest Before Judgment
1. Application for Arrest:
o Order XXXVIII, Rule 1 allows the plaintiff to apply to the court for the arrest of the
defendant before judgment.
o The plaintiff must provide grounds to show that there is a risk that the defendant
may try to evade the judgment or dispose of their property to defeat the plaintiff's
claim.
2. Grounds for Arrest:
o The application for arrest must be based on the plaintiff’s belief that:
 The defendant is about to leave the country with the intention of avoiding
the judgment.
 The defendant is likely to dispose of property that could be used to satisfy
the judgment, either by selling, transferring, or otherwise hiding it.
3. Court’s Discretion:
o The court, upon receiving an application for arrest, will examine the grounds and
evidence provided by the plaintiff. The court must be satisfied that the arrest is
necessary to prevent the defendant from absconding or disposing of property.
o If the court is convinced that there is a legitimate risk of the defendant evading
justice, it may issue an order of arrest, but the court has the discretion to reject the
application if it believes the circumstances do not warrant such an order.
4. Issuance of Warrant of Arrest:
o If the court is satisfied with the grounds of the plaintiff's application, it can issue a
warrant of arrest to detain the defendant.
o The defendant can be arrested, but this arrest is not meant to be a punishment or to
deprive the defendant of liberty; it is a preventive measure to ensure the
defendant’s presence in court and to prevent the defendant from evading the
judgment.
5. Conditions for Arrest:
o The court may require the plaintiff to provide security or a bond for the defendant’s
release after the arrest, ensuring that the defendant will appear in court when
required and comply with any future orders of the court.
o The security amount must be adequate and reasonable, based on the potential
judgment and the circumstances of the case.
Order XXXVIII, Rule 2: Procedure for Arrest
1. Execution of Warrant:
o After the warrant of arrest is issued, the police or other authorized personnel will
carry out the arrest.
o The defendant will be brought before the court for further proceedings.
2. Defendant's Release:
o If the defendant is arrested, they may be released on bail or with security by the
court to ensure their future appearance in the proceedings.
o If the defendant provides the required security, they may be granted temporary
release until the final judgment is delivered.
3. Duration of Arrest:
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o The arrest is meant to be temporary and does not constitute a punishment. The
defendant will be detained only until the court’s decision is made.
o The defendant is typically released on bail or with security if they provide sufficient
guarantee that they will appear for trial.

Key Points Regarding Arrest Before Judgment

1. Preventive Measure:
o The primary purpose of arrest before judgment is to ensure that the defendant does
not evade the judgment by absconding or disposing of assets. It is a preventive
measure rather than a punitive one.
2. Not Automatic:
o Arrest before judgment is not automatic. The plaintiff must apply to the court and
provide sufficient grounds or evidence to justify the arrest.
o The court has the discretion to decide whether to allow the arrest based on the
application and the circumstances.
3. Security for Release:
o Even after an arrest, the defendant may be released on bail or on the furnishing of
security that ensures they will appear before the court and comply with the final
judgment.
4. Limited to Certain Circumstances:
o Arrest before judgment is allowed only in certain circumstances, such as when there
is a risk of the defendant absconding or disposing of their property. The court will
not allow arrest solely because the plaintiff believes the defendant is unlikely to
satisfy a potential judgment.
5. Judicial Safeguard:
o The provision of arrest before judgment acts as a safeguard to prevent the defendant
from evading the court’s jurisdiction and the plaintiff from being denied justice.

Circumstances under Which Arrest Before Judgment May be Ordered

The court may order the arrest of a defendant before judgment if the plaintiff can show that:
 The defendant is likely to leave the jurisdiction to avoid the judgment (e.g., the defendant is
planning to flee the country).
 The defendant is about to sell or dispose of property that may be used to satisfy any
judgment that could be passed in the case.
 There is a credible risk that the defendant will try to evade the court’s authority or make it
impossible for the plaintiff to execute the judgment.

Exceptions and Limitations

 Non-civil cases: Arrest before judgment is usually not applicable in cases where the
plaintiff's claim is monetary or involves liability of a financial nature.
 No General Right to Arrest: The CPC does not provide a general power of arrest in all civil
cases. The power is specific and only applies when the conditions outlined in Order XXXVIII
are met.
 Plaintiff’s Burden: The plaintiff has the burden of proving the necessity of an arrest, and the
court will consider whether other less intrusive measures, such as security, would suffice.

Conclusion
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The provision of arrest before judgment in the CPC is a preventive measure designed to
safeguard the court’s process and protect the rights of the plaintiff by ensuring that the
defendant cannot evade judgment by leaving the country or disposing of assets. It is a
discretionary power, and the court must be satisfied that there are valid reasons for the arrest
before issuing an order. The provision serves to prevent abuse of the judicial process while
ensuring justice is not hindered by a defendant who might abscond.

UNIT – V
1. Circumstances/ Provisions for condonation of delay in limitation
act

2. Grounds for condonation of delay in filing a suit (limitation act)

3. Effect of fraud/ mistake/ legal disability on period of limitation

4. Limitation period to file execution petition on decree

5. Limitation extinguishes remedy not right explain

6. Objects of law of limitation

7. “Once the time has begun to run, no subsequent disability or

inability can stop it” discuss

8. Diff b/w limitation and estoppel

9. Prescription , acknowledgement – limitation act