Explaining Plaint and Its Elements

Q-1-Explain in details the term Plaint and what is written in Plaint?
Ans:-
Introduction:
Every civil suit shall be instituted by presenting a plaint to the Court or such officer as
it appoints in that behalf. Plaint is a pleading of the plaintiff.
Meaning:
The word has not been defined is the code but it can be said to be a statement of
claim, a document, by presentation of which the suit is instituted.
Plaint:
A Pliant Consists of:
a) Title of the suits
b) Body of Plaint
c) Relief Prayed for
Title:
The Title of the suit consists of the name of the Court, case number to be given by
the office of the Court and descriptions of parties.
Body of Plaint:
The plaint consists of the facts constituting the cause of action and when it arose.
Reliefs:
 The plaint shall finally contain the relief which the plaintiff claims either simply or
in the end.
 Every plaint shall state specifically the relief which the plaintiff claims either
simply or in the alternative.
 Generally, the plaintiff is not entitled to relief for which there is no foundation in
the plaint, except in a case where on the pleadings, issues and evidence the
relief is clear because the primary duty of the Court is to do justice and the rules
of procedure are meant to advance the cause of justice and not to impede it.
 The plaintiff ought to be given such relief as he is entitled to get on the facts
established on the basis of the evidence in the case even if the plaint does not
contain a specific prayer for the relief.
 The equitable relief under Order VII, Rule 7 may be granted even though grounds
on which relief is sought have not been stated as required by the rule.
Elements of a Plaint:
Order VII- Plaint, Rules 1 – 9.
1. Particulars to be contained in plaint
Civil Procedure Code, LLB 2ndSemester, 3rd Year (Musahib)
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The plaint shall contain the following particulars:
1. The name of the Court in which the suit is brought;
2. The name, description and place of residence of the plaintiff;
3. The name, description and place of residence of the defendant, so far as they
can be ascertained;
4. where the plaintiff or the defendant is a minor or a person of unsound mind, a
statement to thateffect;
5. The facts constituting the cause of action and when it arose;
6. The facts showing that the Court has jurisdiction;
7. Therelief which the plaintiff claims;
8. Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the
amount soallowed or relinquished; and
9. A statement of the value of the subject-matter of the suit for the purposes of
jurisdiction and ofcourt fees, so far as the case admits.
2. In money suits
 Where the plaintiff seeks the recovery of money, the plaint shall state the precise
amount claimed:
 But where the plaintiff sues for mesne profits, orunsettled accounts, orfor
movables, orfor debts,the plaint shall state approximately the amount or value
sued for.
3. Where the subject-matter of the suit is immovable property

 The plaint shall contain a description of the property sufficient to identify it. The
plaint shall specifyboundaries or numbers if possible.
4. When plaintiff sues as representative

 Where the plaintiff sues in a representative character the plaint shall show not
only that he has anactual existing interest in the subject- matter, but that he has
taken the steps necessary to enablehim to institute a suit concerning it.
5. Defendant's interest and liability to be shown

 The plaint shall show that the defendant is interested in the subject-matter, and
that he is liable tobe called upon to answer the plaintiff's demand.
6. Grounds of exemption from limitation law

 Where the suit is instituted after the expiration of the period prescribed by the law
of limitation, theplaint shall show the ground upon which exemption from such law
is claimed.
7. Relief to be specifically stated
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 Every plaint shall state specifically the relief which the plaintiff claims either
simply or in the alternative. And the same rule shall apply to any relief claimed by
the defendant in his written statement.
8. Relief founded on separate ground

 Where the plaintiff seeks relief in respect of several distinct claims or causes of
action founded upon separate and district grounds, they shall be stated as far as
may be separately and distinctly.
9. Procedure on admitting plaint

1. The plaintiff shall endorse on the pliant, a list of the documents which he has
produced along with it; and, if the plaint is admitted, shall present as many copies
on plain paper of the plaint as there are defendants.The plaintiff shall pay the
requisite fee for the service of summons on the defendants.
2. Where the plaintiff sues or the defendants are sued in a representative capacity,
statements shall show in what capacity the plaintiff or defendant sues or is sued.
Order VII- Plaint, Rule 11.

Rejection of plaint
The plaint shall be rejected in the following cases:
Cause of Action
(a) Where it does not disclose a cause of action;
Relief Claimed Is Undervalued

(b) Where the relief claimed is undervalued, and the plaintiff, on being required by
the Court tocorrect the valuation within a time to be fixed by the Court, fails to do so;
Requisite Stamp-Paper
(c) Where the relief claimed is properly valued, but the plaint is returned upon paper
insufficientlystamped, and the plaintiff, on being required by the Court to supply the
requisite stamp-paperwithin a time to be fixed by the Court, fails to do so;
Plaint Barred by Law

(d) Where the suit appears from the statement in the plaint to be barred by any law:
Rule 12. Procedure on rejecting plaint

 Where a plaint is rejected the Judge shall record an order to that effect with the
reasons for suchorder.
Rule 13. Where rejection of plaint does not preclude presentation of fresh
plaint
 A rejection of the plaint does not preclude the plaintiff from presenting a fresh
plaint in respect ofthe same cause of action.
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Q-2-Define the term Decree and discuss essential elements of Decree and
explain Kinds of Decree.
Ans:-
Adjudications of a court of law can be divided into two: decree and orders.
 Section 2 (2) defines decree as the formal expression of an adjudication
which, so far asregards the court expressing it, conclusively determines the
rights of the parties withregard to all or any of the matters in controversy in
the suit and may be either preliminaryor final.
 It shall be deemed to a include the rejection of a plaint and the determination of
any question within Section 144 but shall not include:
a. Any adjudication from which an appeal lies as an appeal from an order
b. Any order of dismissal for default
A decree is preliminary when further proceedings have to be taken before the suit
can be completely disposed off.
It is final when such adjudication completely disposes of the suit.
It may be partly preliminary and partly final.
For a decree the following elements are required

1. There must be an adjudication
 Judicial determination of the matter in a dispute, by a court. Not
administrativenature, order dismissing suit for default of appearance of
parties, dismissing appealfor want of prosecution as not dealt with in a judicial
manner
2. Such adjudication must have been done in a suit

 Not defined in the Code. Hanraj Gupta v. Official Liquidators of the Dehra
Dun-Mussoorie Electric Tramway Co Ltd: civil proceeding instituted by the
presentationof a plaint. Where there is no civil suit, there is no decree.
However, someenactments such as Hindu Marriage Act have provisions to
treat applications as suits.
 They are statutory suits and decisions are decrees here. Therefore, a
proceedingwhich doesn’t start with a plaint and not treated as a suit under
other Acts cannot bea suit under CPC.
3. It must have determined the rights of the parties with regard to all or any of
thematters in controversy in the suit
 Rights= substantial, not merely procedural. Thus, order for dismissal of suit
fordefault of appearance e.g. not decrees as they do not determine rights of
parties.
 Parties= parties to suit; plaintiff and defendant. Order on application by third
party isnot a decree.
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 Matters in controversy= subject matter of suit with reference to which some
relief issought. Question relating to character, status of party suing,
jurisdiction, maintainability. Interlocutory orders not decrees.
4. Such determination must be of a conclusive nature

 Final and conclusive as regards the court which passes it. An order
dismissing anappeal summarily under Order 41 or holding it to be not
maintainable or decision dismissing suit for want of evidence or proof are
decrees in as much as they decideconclusively the rights of the parties to the
suit.
5. There must be a formal expression of such adjudication

 Deliberate and given in the manner provided by the law.
Classes of decrees: preliminary, final, partly preliminary and partly final decree
Shankar v. Chandrakant
1. Preliminary decree
 is one which declares the rights and liabilities of parties leaving the actual
result tobe worked out in further proceedings
 As a result of further inquiries, conducted pursuant to preliminary decree,
rights ofparties are fully determined and decree is passed according to such
determination,which is final. Both decrees are in the same suit
2. Final decree
 When time for appeal has expired without any appeal being filed
againstpreliminary decree or the matter has been decided by the Highest
Court
 When, as regards the court passing decree, same stands completely
disposedoff.
3. Preliminary decree
 Where adjudication decides rights of parties with regard to all or any matters
incontroversy in the suit, but doesn’t dispose the suit, it is preliminary decree.
 Passedin cases in which court has first to adjudicate upon rights of the parties
and has thento stay its suit. Only a stage in working out the rights of the
parties which are to befinally adjudicated by final decree.
 Allowed in the following suits
 Suits for possession and mesne profits (Order 20, Rule 12)
 Administration suits (Order 20, Rule 13)
 Suits for pre-emption (Order 20, Rule 14)
 Suits for dissolution of partnership (Order 20, Rule 15)
 Suits for accounts between principal and agent (Order 20, Rule 16)
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 Suits for partition and separate possession (Order 20, Rule 18)
 Suits for foreclosure of a mortgage (Order 34, Rule 2-3)
 Suits for sale of mortgaged property (Order 34, Rule 4-5)
 Suits for redemption of a mortgage (Order 34, Rule 7-8)
4. Final decree
 Completely disposes of a suit and finally settles all questions in controversy
betweenparties and nothing further remains to be decided thereafter
Kasi v. Ramanathan Chettiar

 There could be more than one preliminary and one final decree
 Agreed by in Shankar case
5. Partly final and partly preliminary

 Can be passed e.g. in suit for possession of immovable property with mesne
profits where the court
 Decrees possession of the property and
 Directs enquiry into mesne profits
 Former is final, latter is preliminary because final decree for mesne profits can
bedrawn only after enquiry
Q-3 Write Short Note on

(A) Inherent Power of Court
1. General
 Every court is constituted for the purpose of administering justice between the
parties and, therefore, must be deemed to possess, all such powers as may be
necessary to do the right and to undo the wrong in the course of administration of
justice.
 The inherent powers of the court are in addition to the powers specifically
conferred on the court by the Code.
 The reason is obvious. The provisions of the Code are not exhaustive for the
simple reason that the legislature is incapable of contemplating all the possible
circumstances which may arise in future litigation. Inherent powers come to the
rescue in such unforeseen circumstances. They can be exercised in absence of
express provisions in the Code.
2. Inherent Powers: Scheme

 Sections 148 and 149 provide for grant and enlargement of time.
 Section 150, provides for transfer of business.
 Section 151 preserves inherent powers of courts.
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 Sections 152, 153 and 153-A deaI with amendments in judgments, decrees
orders and in other proceedings.
 Section 153-B declares a place of trial to be an open court.
3. Enlargement of Time: Section 148

 Where any period is fixed or granted by the court for the doing of any act, the
court has power toenlarge such period up to thirty days.
 The power conferred by the Code on the court is discretionary. The court "may"
use it for securingthe ends of justice. It cannot be claimed by the party as of right.
 Before exercising the power,therefore, the court may take into a count all the
facts and circumstances including the conduct ofthe applicant.
4. Payment of Court Fees: Section 149

 Section 4 of the Court Fees Act, 1870 provides that no document chargeable with
court fee underthe Act shall be filed or recorded in any court of justice, unless the
requisite court fee is paid.
 Section 149 of the Code of Civil Procedure is a sort of proviso to that rule. If the
proper court fee isnot paid at the time of filing of a memorandum of appeal, but
the deficit court fee is paid within thetime fixed by the court, it cannot be treated
as time barred.
 The power, however, is discretionary and should be exercised, judiciously and in
the interests ofjustice.
5. Transfer of Business: Section 150

 Section 150 of the Code declares that where the business of any court is
transferred to any othercourt, the transferee court will exercise same powers and
discharge same duties conferred orimposed by the Code upon the transfer court.
6. Ends of Justice: Section 151

 Inherent powers from this section can be used to secure the ends of Justice.
Thus, the court can
 recall its own orders and correct mistakes,
 can set aside an ex parte order passed against a party,
 can set aside illegal orders or orders passed without jurisdiction,
 can restore the suit and rehear it on merits,
 can add, delete or transpose any party to a suit,
 can revive execution applications,
 can take notice of subsequent events,
 can hold trial in camera or prohibit excessive publication of its proceedings,
 can allow amendments of pleadings,
 can extend time for payment of court fees,
 can extend time to pay arrears of rent,
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 What would meet the ends of justice would always depend upon the facts and
circumstances of
 each case and the requirements of justice.
7. Amendment of Judgments, Decrees, Orders and Other Records: Sections

152, 153-153-A
 Section 152 enacts that clerical or arithmetical mistakes in judgments, decrees or
orders arising fromany accidental slip or omission may at any time be corrected
by the court either of its own motion(suo motu) or on the application of any of the
parties.
 The section is based on two important principles:
i. an act of court should not prejudice any party and
ii. it is the duty of courts to see that their records are true and they represent
the correct state ofaffairs.
Illustrations
1. A files a suit against B for Rs. 10,000 in court X. The court passes a decree
for Rs 1000 "as prayed".
The decree can be amended under this section.
2. A files a suit against B for Rs 10,000 and interest in court X. The court passes
a decree for Rs 5000only and nothing more. A applies to amend the decree
by adding a prayer for payment of interest.
The decree cannot be amended under this section. If aggrieved by the
decree, A may file an appealor application for review.
 Section 152 is confined to amendments of judgments, orders or decrees. Order 6

Rule 17 deals withamendments of pleadings.
 Section 153, confers a general power on the court to amend defects or errors in
"any proceeding in asuit" and to make all necessary amendments for the purpose
of determining the real question atissue between the parties to the suit or other
proceeding.
 Section 153-A as inserted by the Amendment Act of 1976 provides that where
the appellate courtdismisses an appeal summarily, the power of amendment
under Section 152 can be exercised by thecourt of first Instance.
8. Limitations
 Inherent powers can be exercised ex debito justitiae only in the absence of
express provisions in theCode. They cannot be exercised in conflict with what
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had been expressly provided in the Code oragainst the intentions of the
legislature.
 The inherent powers are to be exercised by the court in veryexceptional
circumstances.
 Thus, in the exercise of inherent powers a court cannot
 invest itself with jurisdiction not vested in it by law; or
 reopen the questions which had already been heard and finally decided by
it and which areconsequently barred by the general principles of res
judicata, or
 review its orders or judgments in the absence of statutory provisions, or
 direct an arbitrator to make a fresh award, or
 override substantive rights of any party, or restrain any party from taking
proceeding in a court oflaw, or
 make an order restraining execution of the decree against the surety, or
 Set aside an order which was right when it was made, etc.
9. Conclusions
 Sections 148 to 153-B of the Code invest courts with very wide and extensive
powers to minimizelitigation, avoid multiplicity of proceedings and to render full
and complete justice between theparties before them. They have not been
conferred upon the court. They are inherent in every courtby virtue of its duty to
do justice to the cause.
(B) Foreign Judgment

Meaning:
 S.2(6) defines the foreign judgment as the "judgment of a foreign Court". The
term foreign Court has been defined in s. 2(5) as a Court situate outside India
and not established or continued by the authority of the Central Government.
 The examples of the foreign Courts are the Courts in England, Pakistan, Ceylon
etc.
Object:
 The judgment of a foreign Court is enforced on the principle that where a Court of
Competent Jurisdiction has adjudicated upon a claim, a legal obligation arises to
satisfy that claim.
 Section 13 embodies the principle of res-judicata in foreign judgments. This
provision embodies the principle of private International Law that a judgment
delivered by a foreign Court of competent jurisdiction can be enforced in India.
Example:
 A sues B in a foreign Court. The suit is dismissed. The judgment will operate as a
bar to a fresh suit by A against B in India on the same cause of action.
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Conclusive Nature:
 Section 13 of the Code provides that a foreign judgment shall be conclusive as to
any matter thereby directly adjudicated upon between the same parties or
betweenparties under whom they or any of them claim litigating under the same
title except as specified in clauses (a) to (f) of Sec. 13.
When Foreign Judgment Not Binding:

According to Section 13 under the following six cases, a foreign judgment shall not
be conclusive -
1. Foreign Judgment not by a Competent Court;
2. Foreign Judgment not on merits;
3. Foreign Judgment against International or Indian Law;
4. Foreign Judgment opposed to Natural Justice;
5. Foreign Judgment obtained by fraud;
6. Foreign Judgment founded on a breach of Indian Law;
Foreign Judgment Not by Competent Court:

 A foreign judgment must be pronounced by a Court of competent jurisdiction and
must be by a Court competent both by the law of the State which has constituted
it and in an International sense and it must have directly adjudicated upon the
'matter' which pleaded as res-judicata. Only the judgment and not the reasons for
the judgment is conclusive.
Foreign Judgment Not on Merits:

 A judgment is said to be given on merits when, after taking evidence and
application of mind, the Judges decide the case one-way or the other. The
dismissal of suit for default of appearance or non-production of the document by
the plaintiff or passing of decree due to default of defendant in furnishing security
are not on merits and can not be conclusive.
Foreign Judgment Against International or Indian Law:

 The mistake of International or Indian Law must be apparent on the face of the
proceedings.
 In Narsimha Rao V. Venkata Lakshmi (1991) 3 SCC, the Court held that "when
a foreign judgment is founded on a jurisdiction or on a ground not recognized by
International or Indian Law, it is a judgment which is in defiance of the law.
Hence, it is not conclusive of the matter adjudicated therein and, therefore, not
enforceable in this country.
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Foreign Judgment Opposed to Natural Justice:
 The judgment pronounced by a Foreign Court must e after the observation of the
judicial process, i.e., the Court rendering the Judgment must observe the
minimum requirements of Natural Justice. The judgment to be conclusive must
be composed of impartial persons, act fairly, without bias, and in good faith; it
must give reasonable notice to the parties to the dispute and to afford each party
adequate opportunity of presenting his case.
Foreign Judgment Obtained by Fraud:

 It is the fundamental Principle of Private international Law that a Foreign
Judgment is obtained by fraud, it will not operate as res-judicata. It is the settled
preposition of law that a judgment or decree obtained by playing fraud on the
Court is a nullity and non est in the eye of law. Such a judgment/decree by the
first Court or by the highest Court has to be treated as a nullity by every Court,
whether superior or inferior. It can be challenged in any Court even in collateral
proceedings.
Foreign Judgment Founded On Breach of Indian Law:

 It is implicit that the foreign law and foreign judgment would not offend against
our public policy. Thus, a foreign judgment for a gambling debt or on a claim
which is barred under the Law of Limitation in India is not conclusive.
Presumption as to Foreign Judgments:

Section 14 provides that "the Court shall presume, upon the reduction of any
document purporting to be certified copy of the foreign judgment, that such judgment
pronounced by a Court of Competent jurisdiction unless the contrary appears on the
record; but such presumption may be displaced by proving want of jurisdiction."
Enforcement of Foreign Judgments: A conclusive judgment U/s 13 can be

enforced in India in the following two ways:-
1. By Instituting a suit on such Foreign Judgment:

 A foreign judgment may be enforced by institution of a suit within a period of 3
years from the date of the foreign judgment.
 The Apex Court has held in Roshan Lal V Mohan Singh AIR 1975 SC that any
decision of a foreign Court, Tribunal or Quasi-judicial authority is not enforceable
in a Country unless such decision is embodied in a decree of a Court of that
Country; or
2. By Institution of Executing Proceedings: A foreign judgment may be enforced

by way of execution proceedings as per specified U/s 44-A of the Code and
where all the conditions of S. 13 (a) to (f) are Satisfied
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(C) Caveat Application
(Section 148-A)
Meaning:
 The term "caveat" has not been defined in the Code. The word (caveat) has
been derived from Latin which means "beware".
 A caveat is a caution or warning given by a party to the court not to take any
action or grant any relief to the applicant without notice or intimation being
given to the party lodging the caveat and interested in appearing and
objecting to such relief.
Object: The objects of a caveat are twofold:
Firstly,
 To safeguard the interest of a person against an order that may be passed on
an application filed by a party in a suit or proceeding instituted or about to be
instituted.
 Such a person lodging a caveat may not be a necessary party to such an
application, but he may be affected by an order that may be passed on such
application.
 The section thus affords an opportunity to such party of being heard before an
ex parte order is made.
Secondly,
 It seeks to avoid multiplicity of proceedings. In the absence of such a
provision, a person who is not a party to such an application and is adversely
affected by the order has to take appropriate legal proceedings to get rid of
such order.
Nature and Scope:
 A caveat can be lodged in a suit or proceeding. Construing the connotation in
a narrow manner, some High Courts have taken the view that no caveat can
be filed in a first or second appeal or in execution proceedings.
 But, as observed in Ram Chandra Aggarwal v. State of U.P., the provision
relating to caveat would be applicable to suits, appeals as well as other
proceedings.
 No order should be passed against the caveator unless he is heard, but if the
caveator is not present at the time of hearing of the application and the court
finds that there is a prima facie case in favour of the applicant, ad interim relief
can be granted by the court in his favour.
 Interim order passed without giving notice to the caveator is not without
jurisdiction and is operative till it is set aside in appropriate proceedings.
Provision: Section 148-A of the Code provides for lodging of a caveat.

Section 148-A: Right to lodge a caveat:
1. Where an application is expected to be made, or has been made, in a suit or
proceeding instituted, or about to be instituted, in a Court, any person claiming a
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right to appear before the Court on the hearing of such application may lodge a
caveat in respect thereof.
2. Where a caveat has been lodged under sub-section (1), the person by whom the
caveat has been lodged (hereinafter referred to as the caveat or) shall serve a
notice of the caveat by registered post, acknowledgment due, on the person by
whom the application has been, or is expected to be, made under sub-section
(1).
3. Where, after a caveat has been lodged under sub-section (1), any application is
filed in any suit or proceeding, the Court shall serve a notice of the application on
the caveator.
4. Where a notice of any caveat has been served on the applicant, he shall forthwith
furnish the caveator, at the caveator's expense, with a copy of the application
made by him and also with copies of any paper or document which have been, or
may ,be, .filed by 'him in support of the application.
5. Where a caveat has been lodged under sub-section (1), such caveat shall not
remain in force after the expiry of ninety days from the date on which it was
lodged unless the application referred to in subsection (1) has been made before
the expiry of the said period.
Where caveat lie: According to S. 148-A, a caveat can be lodged in a suit or

proceeding. The expression 'Civil Proceeding' in S. 141 of the, Code includes all
proceedings, which are not original proceedings.
Where caveat does not lie : The provisions of section 148-A are applicable only in
the cases where the' caveator is entitled to be heard before any order is made on the
application already filed or proposed to be filed, but does not apply in cases where
the Code does not contemplate notice.
Who can file caveat: A necessary as well as proper party may lodge a caveat U/s
148-A. A caveat may be filed by any person who is going to be affected by an interim
order likely to be passed on an application which is expected to be made in a suit or
proceeding instituted or about to be instituted in a Court.
Who may not file caveat: A stranger to the proceeding or a person supporting the
application for interim relief made by the applicant cannot lodge a caveat.
Time Limit: According to sub-section (5), a caveat filed U/s 148-A (1) shall remain in
force for ninety days from the date of its filing.
Failure to hear Caveator: Once a caveat is filed, it is a condition precedent for
passing an interim order to serve a notice of the application on the caveator who is
going to be affected by the interim order. But an interim order passed without hearing
the caveator is not without jurisdiction and operates unless set-aside
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Q-4-Explain provisions of CPC relating to place of Suing.
Ans:-
Introduction
The first and the important thing is the place of suing for a Court to entertain, deal
with and decide a suit. Sections 15 to 20 of C.PC deal with the institution of suits.
Rules as to forum
The rules as to forum can be discussed under the following two heads
1. Rules as to pecuniary jurisdiction: Section 15
 The rule about the pecuniary jurisdiction is that "Every suit shall be instituted
in the court of thelowest grade competent to try it."
 The above rule is one of procedure only and not of jurisdiction.
 Therefore, exercise of jurisdiction by a Court of higher grade than is
competent to try the suit is a mere irregularity covered by section 99 and the
decree passed by the Court is not a nullity.
 The exercise of jurisdiction by a Court of lower grade than the one which is
competent to try it, is anullity as being without jurisdiction.
Objects:
The main objects of the section is:
 To reduce the burden of the higher Courts
 Afford convenience to the parties and witnesses who may be examined by
them in such suits.
The District Judge and Sub-Ordinate Judges all have jurisdiction over all Original
Suits., cognizable by the Civil Court subject to the condition suits are to be instituted
in a Court of lowest grade competent to try it.
2. Rules as to nature of the suit:

Suits may be divided into three classes-
1. Suits in respect of immoveable property, - Sections 16 to 18
2. Suits for compensation for torts to person or movable property, -Section
19, and
3. Suits of other kinds, - Section- 20.
1) Suits in respect of immoveable property:

Sections 16 to 18 deal with suits relating to immoveable property.
Section 16: Suits to be instituted where the subject-matter is situated:

The following Suits shall be instituted in a Court which has jurisdiction of where the
property is situated:
a) For the recovery of immoveable property with or without rent or profits
b) For the partition of immoveable property;
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c) For foreclosure, sale or redemption in the case of a mortgage.
d) For the determination of any other right to or interest in immovable property;
e) For compensation for wrong to immovable property,
f) For the recovery of immovable property actually under distraint (the seizure of
someone's property in order to obtain payment of money owed, especially rent.)
or attachment,
Explanation: In this section "property" means property situated in India.
Case Laws:
Anand Bazaar Patrika V Biswanath Prasad
Held a suit for Specific performance for, contract of sale with possession, it has to be
instituted in the Court in whose jurisdiction the property is situated and cannot be
filed where cause of action arises.
Seetha Rama Chetty V Kamala Amma
In a suit filed in Bangalore for a property located in Tamilnadu, to determine right and
interestin the immoveable property, Court held that as long as the defendant is
residing within thejurisdiction of Bangalore Court, where the suit is instituted, the suit
was maintainable underS.16(d) read with the proviso.
Section 17: Suits for immoveable property situated within jurisdiction of

different courts:
The suit may be instituted in any Competent Court within the local limits of whose
jurisdiction any portion of the property is situated.
Section 18: Place of institution of suit where local limits of jurisdiction of

Courts are uncertain:
1. If there is an allegation of uncertainty as to the Jurisdiction of a competent court,
the court mayrecord a statement to that effect and thereupon proceed to entertain
and dispose of any suitrelating to that property.
2. Where a statement has not been recorded U/s 18(1), an objection can be taken
before anAppellate Court or Revisional Court for consideration.
2) Suit for compensation for wrong to person or movable property: Section 19

If the wrong is done within the local limits of the jurisdiction of one Court and the
defendant resides,or carries on business, or personally works for gain within the
local limits of the jurisdiction ofanother Court, the suit may be instituted at the option
of the plaintiff in either of the said courts.
Illustrations:
 A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in
Delhi.
 A, residing in Delhi, publishes in Calcutta statements defamatory of B, B may
sue A either inCalcutta or in Delhi.
Page 15 of 42
3). Suits for other kinds: Section 20
A suit can be instituted in a Court which had jurisdiction over:
a) The defendant, or any of the defendants where there are more than one, at
the time of thecommencement of the suit.
This is determined by any of them actually and voluntarily residing, or carrying
on business, orpersonally working for gain within that jurisdiction, or
b) Where more than one defendant is involved, in such a case either the leave of
the Court is taken,or the defendant who does not reside, or carry on business,
or personally work for gain has noobjections; or
c) the cause of action, wholly or in part, arises.
Illustrations:
1. A is a tradesman in Calcutta, B carries on business in Delhi.
 B, by his agent in Calcutta, buys goods of A and requests A to deliver them to
the East India RailwayCompany.
 A delivers the goods accordingly in Calcutta.
 A may sue B for the price of the goods either in Calcutta, where the cause of
action has arisen or inDelhi, where B carries on business.
2. A resides at Shimla, B at Calcutta and C at Delhi.
 A, B and C being together at Banaras, B and C make a joint Promissory note
payable on demand, anddeliver it to A.
 A may sue B and C at Banaras, where the cause of action arose.
 He may also sue them at Calcutta, where B resides, or at Delhi, where C
resides;but in each of these cases, if the non-resident defendant objects, the
suit cannot proceed withoutthe leave of the Court.
Case Laws:
Patel Roadways V Parsad Trading Company 1992
 Where defendant has Principal Office at one place and Sub Ordinate office at
another, andCause of Action arose, in place where the subordinate office is
located, then the place ofsubordinate office where cause of action arose is the
relevant place for filing the suit and not theplace where principal office is
located.
 Held, that, the explanation to S.20 provides an alternativelocus for
corporation’s place of business and not an additional one.
ABC Lamnart Private Ltd V AP Agencies

 Held, the jurisdiction of Court in matter of contract will depend on the situs of
contract andCause of Action arising through connecting factors.
 Further held, the parties may agree to vestjurisdiction in one of the many
competent Court and such Ouster Clause is valid if
 the clause is explicit , precise and unambiguous.
 not hit by Ss. 23 and 28 of Indian Contract Act.
Page 16 of 42
Q-5-Explain the provisions of res Judicata under CPC and how does it differs
from Stray of Suits.
Ans:-
Res-Judicata - (A case or suit already decided) - (The rule of Conclusiveness of
judgment)
Section 11. Res judicata:

If a matter in an issue or a matter which is directly and substantially similar to the
same issue which has already been decided by a competent court in a former suit
and the suit was between the same parties or had the same title under which one of
the parties is involved, no court shall proceed with the same.
Meaning:
"Res-judicata consists of two Latin Words, 'Res' means a thing or a matter or a
question and 'Judicata' means adjudicated, adjudged or decided.
Therefore, the expression ’Res-judicata" means "a thing or matter already adjudged
or adjudicated or decided".
Principle:
 The principle of res judicata is convinced in the larger public interest, which
requires that all litigation must, sooner than later, come to an end.
 The principle of Res judicata is based on the need of giving finality to judicial
decisions.
 When a matter whether on a question of fact or a question of Law-has been
decided between two parties in a suit and the decision is final, either because no
appeal was taken to a higher Court orbecause the appeal was dismissed or no
appeal lies, neither party will be allowed in a future suitbetween the same parties
to canvass the matter again.”
Basis:
The doctrine of Res Judicata is based upon the following four maxims.
1. Nemodebetlisvexari pro unaeteademcausa: no man should be vexed twice
over for the samecause.
2. Interest republicaeut sit finis litium: it is in the interest of the State that there
should be an end toa litigation.
3. Res judicata pro veritateoccipitur: A judicial decision must be accepted as
correct.
4. Res judicata pro veritatehabetur: An adjudicated matter shall be deemed
correct
Page 17 of 42
Conditions to apply S. 11:
To constitute a matter as Res judicata U/s 11, the following conditions must be
satisfied –
1. Matter in Issue:
The matter directly and substantially in issue in the subsequent suit or issue,
must be the same matter which was directly and substantially in issue either
actually or constructively in the former suit.
2. Same Parties:
The former suit must have been a suit between the same parties or between
parties under whom they or any of them claim.
3. Same Title:
Such parties must have been litigating under the same title in the former suit.
4. Competent Court:
The court which decides of the former suit must be a court competent to try the
subsequent suit or the suit in which such issue is subsequent raised.
5. Final decision of former suit:

The matter directly and substantially in issue in the subsequent suit, must have
been heard and finally decided by the court in the former suit.
Matters in Issue:
The expression 'matter in issue' means the right litigated between the parties.
1. Matters Directly and Subsequently in Issue

In order that a matter decided in a former suit may operate as res judicata in a
subsequent suit, itmust have been directly and subsequently in issue in the
former suit.
Illustration:
A sues B for rent due. The defence of B is that no rent is due. Here the claim to
rent is the matter in respect of which the relief is claimed. The claim of the rent is,
therefore a matter, directly and substantially in issue.
2. Actually, in issue: Expl. Ill

A matter is actually in issue when it is alleged by one party and denied or
admitted by the other.
3. Constructively in issue - (Prayer for the same relief in the subsequent suit):
Expl. IV
Page 18 of 42
A matter is constructively in issue when it might and ought to have been made a
ground of defence or attack in the former suit.
The object of Expl. IV is to compel the plaintiff or the defendant to take all the
grounds of attack or defence which were open to him.
Illustrations:
1. A files a suit against B for declaration that he is entitled to certain lands as heir of
C. The suit is dismissed. The subsequent suit, claiming the same property on the
ground of adverse possession, is barred by constructive res judicata.
2. A files a suit against B to recover money on a pro-note. B contends that the
promissory note was obtained from him by undue influence. The objection is
overruled and suit is decreed. B cannot challenge the promissory note on the
ground of coercion or fraud on subsequent suit, in as much as he ought to have
taken that defence in the former suit.
3. As a mortgagor A sues B for redemption of certain property alleging that he has
mortgaged it with possession to B. The mortgage is not proved and the suit is
dismissed. A files another suit againstB for possession of the same property
claiming to be the owner thereof. The suit is not barred.
4. A sues B for a declaration that he is entitled to certain property as an heir of X.
The suit is dismissed. A files another suit for injunctions on the ground that he
had become an owner of theproperty by adverse possession. This ground was
available to him even at the time of previoussuit but was not taken at that time.
The subsequent suit is barred.
5. Collaterally or incidentally in issue:

A collateral or incidental issue means an issue which is ancillary to the direct and
substantive issue. Itrefers to a matter in respect of which no relief is claimed and
yet it is put in issue to enable the Courtto adjudicate upon the matter which is
directly and substantially in issue.
Decisions on the matters collateral and incidental to the main issues in the case
will not operate asres-judicata.
Illustration:
A sues B for the rent due: B pleads abatement of the rent on the ground that the
actual area ofthe land is less than that mentioned in the lease deed. The Court,
however, finds the area greaterthan that shown in the lease deed. The finding as
to the excess area, being ancillary to the direct andsubstantial issue, is not res
judicata.
6. Res-judicata between co-defendants:

A matter may operate as res-judicata between co- defendants and co- plaintiffs.
Page 19 of 42
Illustration:
A sues B, C and D and in order to decide the claim of A, the Court has to
interpret a will. Thedecision regarding the construction of the will on rival claims
of the defendants will operate as resjudicatain any subsequent suit by any of the
defendants against the rest.
7. Res-judicata between different stages of the same proceedings:

The principle of res-judicata applies in between two stages in the same litigation.
It is well settledthat principle of res-judicata can be invoked not only in separate
subsequent proceedings, they alsoget attracted in subsequent stage of the same
proceedings. Once an order made in the course of aproceeding becomes final, it
would be binding at the subsequent stage of that proceeding.
8. Criminal Proceedings:
The doctrine of res-judicata is of universal application, which applies even to
criminal proceedings.
Once a person is acquitted or convicted by a competent criminal court, he cannot
once again, betried for the same offence.
9. Writ Petitions:
The General principle of res-judicata applies even to Writ petition filed under
Article 32 ofthe Constitution.
10. Res-judicate and Estoppel:

Res-judicata is really estoppel by verdict or estoppel by judgment (record).
The rule of constructive res-judicate is nothing else but a rule of estoppel. Even
then, the doctrine ofres-judicata differs in essentials particulars from the doctrine
of estoppel.
Page 20 of 42
Difference between res Judicata and Stray of Suits/Res Sub Judice.
Distinction between Res-judicata & Estoppel

Basis of Res-judicata Estoppel
Comparison
Origin It results from a decision Estoppel flows from the act of parties
of the Court.
Basis The rule is based upon It proceeds upon the doctrine of
public policy, viz that equity; that he who by his conduct,
there should be an end to has induced another to alter his
litigation. It bars position to his disadvantage cannot
multiplicity of suits turn round and take advantage of
such alteration of the other's position.
Affects the It ousts the jurisdiction of Estoppel prevents multiplicity of
jurisdiction a court to try a case representations
Stop the Party It prohibits a man averring It is only a rule of evidence and shuts
Page 21 of 42
the same thing twice in the mouth of a party
successive litigations
Binding effect This rule presumes Estoppel prevents him from saying
on party/ conclusively the truth of one thing at one time and the opposite
parties the decision in the former at another. The rule of estoppel
suit. It binds both the prevents a party from denying what he
parties to a litigation has once called the truth, i.e. estoppel
binds only that party who made the
previous statement or showed the
previous conduct.
Q-6- Write Short Notes

(A) Consequence of breach of temporary injunction under order 39 of CPC
Temporary injunction
(1) Meaning
An injunction is a judicial process whereby a party is required to do or to refrain from
doing, any particular act.
(2) Types
Injunctions are of various types; they are:
(i) Temporary; and
(ii) Permanent.
Perpetual or permanent injunction restrains a party forever from doing the specified
act and can be granted only on merits at the conclusion of the trial after hearing both
the parties to the suit.
Temporary or interim injunction, on the other hand, restrains a party temporarily from
doing the specified act and can be granted only until the disposal of the suit or until
the further orders of the court. It may be granted at any stage of the suit.
(3) Object
The object of granting temporary injunction is to maintain and preserve status quo at
the time of institution of the proceedings and to prevent any change in it until the final
determination of the suit.
It is in the nature of protective relief granted in favour of a party to prevent future
possible injury.
4) Who may apply?

It is not the plaintiff alone who can apply for an interim injunction. A defendant may
also make an application for grant of an injunction against the plaintiff.
Page 22 of 42
(5) Against whom injunction may be issued
An injunction may be issued only against a party and not against a stranger or a third
party. It also cannot be issued against a court or judicial officer. Normally, injunction
can be granted against persons within the jurisdiction of the court concerned.
(6) Grounds: Rule 1

Temporary injunction may be granted by a court in the following cases:
1. where any property in dispute in a suit is in danger of being wasted, damaged or
alienated by any party to the suit, or wrongfully sold in execution of a decree; or
2. where a defendant threatens, or intends to remove or dispose of his property with
a view to defrauding his creditors; or
3. where a defendant threatens to dispossess the plaintiff or otherwise cause injury
to the plaintiff in relation to any property in dispute in the suit; or
4. Where a defendant is about to commit a breach of contract, or other injury of any
kind. Or
5. Where a court is of the opinion that the interest of justice so requires.
Consequence of disobedience or breach of injunction. Rule 2A.

The penalty may be either arrest of the opponent or attachment of his property or
both.
1. However, the detention in civil prison shall not exceed three months and the
attachment of property shall not remain in force for more than one year.
2. If the disobedience or breach continues, the property attached may be sold and,
out of the proceeds, the court may award such compensation as it thinks fit to the
injured party.
(B) Consequences of non-appearance of parties.

 In law, appearance means appearance in person or through advocate for
conducting a case. However, appearance by a pleader within the meaning of
CPC does not mean mere presence in the court; it means “appearance by a
pleader” duly instructed and able to answer all material questions relating to the
suit.
 Appearance and non-appearance of parties during trial before the court is a
crucial issue to resolve civil dispute. Because, mere appearance or non-
appearance can determine the ultimate result of a civil litigation.
 The provisions of the Code of Civil Procedure (CPC), 1908 are based on a
general principle that, as far as possible, no proceeding in a court of law should
be conducted to the detriment of any party in his/her absence.
 Also it is the duty of the concern party to be aware of his rights, show vigilance
towards the court and establish his/her claim by taking proper measures.
Page 23 of 42
1. Effect of non-appearance of the plaintiff
 On the first day of a trial, if it is found that the summons which need to be served
upon the defendant has not been served properly in consequence of the failure of
the plaintiff to pay the court-fee or postal charges payable for such service, the
court may dismiss the suit for the default of the plaintiff.
 Again, on the date of peremptory hearing, if the plaintiff does not show up but the
defendant appears before the court, the suit will be dismissed accordingly unless
the defendant admits the whole claim or any part of it. In the latter case the court
shall pass a decree against the defendant upon such admission, and, shall
dismiss the part of the claim not admitted.
Remedies against such dismissal

If a suit is dismissed for non-appearance of the claimant, the plaintiff has two-fold
options to revive his/her case. However, where concurrent remedies are available at
the same time it is the duty of the concerned lawyer to choose the best one for the
protection of the rights of his/her client. In that case the remedies are:
a) Filing a fresh suit on the same cause of action before the competent court
b) The plaintiff may file a petition to set the dismissal order aside. The petitioner
shall have 30 days to file the petition from the date of cancellation of such suit.
After the expiry of that 30 days the petitioner has another chance to file the
petition by virtue of Section 5 of the Limitation Act.
c) Apart from these, in case of dismissal of suit for non-attendance, the defaulter
may file an application to set aside the dismissal order by swearing an
affidavit to the concerned court within 30 days from the date of such dismissal
order, along with a fee of not more than Rs.1,000.
2. Effect of non-appearance of the defendant

After the service of summons, the defendant has to appear before the court in
person or represented by a pleader on such date stipulated in the summons. If the
defendant is not ready to defend his/her case at that day, he/she may take further
time to answer after getting permission from the court. If the party does not appear in
person or through his/her lawyer, the suit will be determined finally by the court at
that day, only for non-appearance of the defendant and the plaintiff will get an ex
parte decree from the court.
Further, on the date of peremptory hearing, if the plaintiff is present but the
defendant is not then the suit will also be decreed ex-parte on the basis of plaintiff’s
claim. However, the defendant has an opportunity to adjourn the hearing by showing
proper reason for his/her absence. However, to avail this opportunity, he/she needs
to pursue his/her suit by appearing in person before the court.
Page 24 of 42
Remedies against such ex parte decree
If an ex parte decree has been passed against the defendant then the defendant has
to take any of the following five actions against such decision:
1. The defendant may file a petition by swearing an affidavit within 30 days from the
decision of the trial court to set aside the decree with a fine of not more than Rs.
3,000 and the defendant can get this opportunity once in a suit according to the
provision of the Code of Civil Procedure.
2. The defendant may apply for setting aside the ex parte decree after showing
sufficient cause and substantial reason for not appearing before the court.
However, the term “sufficient cause” has not been defined anywhere in the Code,
it is a question of fact and it will be determined considering the fact and
circumstances of each case.
3. The defendant may file an appeal under section 96 of the CPC to reverse the
decision of the trial court.
4. The defendant may file a review petition before the same decision making trial
court to set aside its former decision.
5. The affected party may file an independent suit for cancellation of the decree
under the Specific Relief Act, 1887.
3. Consequences of non-appearance of both the parties

If both the contesting parties (plaintiff and defendant) remain absent from the hearing
on the date of peremptory or final hearing, the suit may be dismissed by the court. In
that case, both the parties have the same remedy that a claimant has against an
order of dismissal for non-appearance.
Finally, non-appearance of parties in a civil litigation has a great impact upon the
whole proceedings of the case.
(C) Provisions of Attachment before Judgment

(1) Nature and scope:
Like arrest before judgment, in certain circumstances, an attachment before
judgment may be ordered by the court.
(2) Object:
The primary object of attachment before judgment is to prevent any attempt on the
part of the defendant to defeat the realisation of the decree that may be passed
against him. It is a sort of a guarantee against the decree becoming infructuous for
want of property available from which the plaintiff can satisfy the decree.
(3) Grounds:
Rule 5(1): Where, at any stage of a suit, the Court is satisfied, by affidavit or
otherwise that the defendant, with intent to obstruct or delay the execution of any
decree that may be passed against him -
Page 25 of 42
a) is about to dispose of the whole or any part of his property, or
b) is about to remove the whole or any part of his property from the local limits of
the jurisdiction of the Court;
the Court may direct the defendant, within a time to be fixed by it, either to furnish
security in such sum as may be specified in the order, to produce and place at the
disposal of the Court, when required, the said property or the value of the same or
such portion thereof as may be sufficient to satisfy the decree, or to appear and
show cause why he should not furnish security.
Rule 5(2): The plaintiff shall, unless the Court otherwise directs, specify the property
required to be attached and estimated value thereof.
Rule 5(3): The Court may also in the order direct the conditional attachment of the
whole or any portion of the property so specified.
Rule 5(4): If an order of attachment is made without complying with the provisions of
Sub-rule 1 of Rule 5, such attachment shall be void.
(4) Principles : The remedy of an attachment before judgment is an extraordinary

remedy and must be exercised sparingly and strictly in accordance with the law and
with the utmost care and caution," and the Court must be satisfied about the
following two conditions before making such order of attachment-
a) that the defendant is about to dispose of the whole or any part of his property;
and
b) that the disposal is with the intention of obstructing or delaying the execution
of any decree that may be passed against him.
Chandrika Prasad Vs Hiralal, AIR 1924, Pat H C, Dawson Millar C.J.,- stated that"
such a power is only given when the Court is satisfied not only that the defendant is
about to dispose of his properties or to remove it from the jurisdiction of the Court,
but also that his object in so doing is to obstruct or delay the execution of any decree
that may be passed against him, and so deprive the plaintiff, if successful, of the
fruits of the victory."
(5) Mode of attachment: Rule 7
Rule 7 enacts that attachment shall be made in the manner provided for attachment
of property in execution of a decree.
(6) Exemption from attachment: Rule 12
The court cannot order attachment or production of any agricultural produce in
possession of an agriculturist.
(7) Reattachment in execution: Rules 11 -11-A
Where the property is under attachment, and a decree is subsequently passed in
favour of the plaintiff, it is not necessary to apply for fresh attachment of the property
Page 26 of 42
in execution. The provisions of Order 21 applicable to an attachment made in
execution of a decree will also apply to an attachment before judgment.
(8) Effect of attachment

An order of attachment before judgment is a sort of guarantee against decree
becoming infructuous for want of property available for satisfaction of such decree.
The plaintiff, however, does not get title by effecting attachment before judgment.
(9) Withdrawal of attachment Where the defendant furnishes security, the court
must withdraw the attachment.
(10) Removal of attachment: Rule 9 An order of attachment is removed if the suit
is dismissed.
(11) Determination of attachment An attachment under the Code will be
determined in the following circumstances:
(i) where the defendant furnishes security;
(ii) where attaching creditor abandons/withdraws attachment;
(iii) where the suit is dismissed;
(iv) where the decree is satisfied;
(v) where the decree is reversed/set aside;
(vi) where the court releases the property;
(vii) where after the attachment, application for execution is dismissed;
(viii) where the decree-holders fails to do what he is required to do under the decree.
(12) Appeal An order passed under Order 38 Rule 6 is appealable.

(13) Revision An order granting or refusing attachment before judgment is a case
decided within the meaning of Section 115 of the Code and is revisable by the High
Court.
(14) Wrongful attachment A suit for damages is maintainable for wrongful
attachment of property.
(15) Attachment on insufficient grounds: Section 95 Where in any suit in which
an order of attachment of the property of a defendant has been obtained on
insufficient grounds by the plaintiff, or where the suit of the plaintiff fails and it
appears to the court that there was no reasonable or probable ground for instituting
it, on application being made by the defendant, the court may order the plaintiff to
pay as compensation such amount, not exceeding fifty thousand rupees, as it deems
reasonable to the defendant for the expense or injury including injury to reputation
caused to him.
Page 27 of 42
Q-7- Discuss the provisions to be complied with the filing suit by or against
the Government or a public servant.
(1) Suits by or against Government or public officers:
(a) General
The provisions prescribe procedure and machinery and do not deal with rights and
liabilities enforceable by or against the Government. Substantive rights are to be
determined in accordance with the provisions of the Constitution.
(b) Title of suit: Section 79

In a suit by or against the Government, the authority to be named as plaintiff or
defendant, as the case may be, shall be:
a) In the case of a suit by or against the Central Government, the Union of
India; and
b) In the case of a suit by or against the State Government, the State.
(c) Statutory notice: Section 80(1)

In ordinary suits, i.e. suits between individuals and individuals, notice need not be
given to the defendant by the plaintiff before filing a suit.
No suit shall be instituted against the Government or against a public officer until the
expiration of two months after notice in writing has been delivered to:
1. a Secretary to the Government, in the case of the Central Government;
2. a Secretary to the Government or the Collector of the district in the case of
a State Government;
3. the Chief Secretary to the Government or any other officer authorized by
that Government in the case of State of Jammu and Kashmir;
4. the General Manager, in the case of railways; and
5. In the case of a public officer, such public officer.
(d) Mode of service

Notice can either be served personally or be sent by registered post.
(e) Object of notice

The primary object underlying Section 80 is to afford an opportunity to the
Government or public officer to consider the legal position and to settle the claim put
forward by the prospective plaintiff if the same appears to be just and proper.
The legislative intent behind the provision is that public money should not be wasted
for unnecessary litigation.
(f) Essentials:-A notice under Section 80 must contain

(i) Name, description and place of residence of the person giving notice;
(ii) A statement of the cause of action; and
(iii) Relief claimed by him.
Page 28 of 42
(g) Technical defect in notice: Section 80(3)
 Sub-section (3) to Section 80 as inserted by the Code of Civil Procedure
(Amendment) Act, 1976 clarifies that no suit instituted against the
Government or public officer shall be dismissed merely on the ground of error
or defect in the notice, if, in such notice, the essentials as mentioned above
are present.
 The above sub-section has been added with a view to ensuring that just
claims of aggrieved parties will not be defeated on technical grounds.
 Now, a notice under Section 80 cannot be held invalid and no suit can be
dismissed on the ground that there is technical defect or error in the notice or
that the service of such notice is irregular.
(h) Exclusion of period of notice

In computing the period of limitation for instituting a suit against the Government or
public officer, the period of notice has to be excluded.
(i) Leave of court: Urgent relief: Section 80(2)

 Sub-section (2) of Section 80 as inserted by the Code of Civil Procedure
(Amendment) Act, 1976 enables the plaintiff to institute a suit against the
Government or public officer for obtaining urgent or immediate relief with the
leave of the court even without serving notice to the Government or public
officer.
 This sub-section, thus, engrafts an exception to the rule laid down in sub-
section (1) of Section 80 and allows the plaintiff to obtain urgent relief in grave
cases even without issuing notice.
 The object underlying this provision is to prevent failure or miscarriage of
justice in urgent cases.
 It is the urgency and immediate relief which would weigh with the court while
dealing with a prayer to dispense with the requirement of a notice and not the
merits of the case.
 Sub-section (2), however, enacts that in such a case, the court shall not grant
relief, whether interim or otherwise, except after giving to the Government or
public officer, as the case may be, a reasonable opportunity of showing cause
in respect of the relief prayed for in the suit.
(j) "Act purporting to be done in official capacity"

 Acts must be bona fide and they must have some nexus with the duty of the
officer.
 The expression "any act purporting to be done by such public officer in his
official capacity" connotes that the act must be such as could ordinarily be
done by a person in the ordinary course of his official duties. It does not cover
acts outside the sphere of his duties.
Page 29 of 42
 The test is whether the officer can reasonably claim protection for his act or it
was performed by him purely in his private or individual capacity. In the case
of the former, a notice under Section 80 is necessary, in the case of the latter,
it is not.
(k) Statement in plaint

A plaint can be presented after the expiration of two months of notice, which must
contain a statement that a statutory notice under Section 80 of the Code has been
delivered or left as required by sub-section (1) of the said section. An omission to
make such a statement is fatal and, in its absence, the plaint will be rejected by the
court.
(l) Parties
Where a suit is filed against a public officer in respect of any act purporting to be
done by him in his official capacity, the Government should be joined as a party to
the suit.
(m) Procedure: Order 27

 In a suit by or against the Government, the plaint or written statement shall be
signed by any person appointed by the Government who is acquainted with
the facts of the case.
 Persons authorized to act for the Government shall be deemed to be
recognized agents under the Code.
 A Government Pleader can receive summons on behalf of the Government. A
counsel for the State need not file a vakalatnama.
 Reasonable time should be granted to the Government for filing a written
statement.
 In all suits against the Government or public officers, it is the duty of the court
to assist in arriving at a settlement.
 Order 27-A provides that in a suit (or appeal) in which substantial question of
law relating to interpretation of the Constitution is involved, the court must
issue notice to the Attorney General of India if the question of law concerns
the Central Government and to the Advocate General of the State if the
question concerns the State Government.
(n) Other privileges

 Rule 7 provides for extension of time to enable a public officer to make a
reference to the Government where he is the defendant.
 Rule 8-A provides that no security shall be required from the Government or
from any public officer sued in respect of an act alleged to have been done by
him in his official capacity.
Page 30 of 42
 Section 81 provides that in a suit filed against a public officer in respect of any
act purporting to be done by him in his official capacity, the court shall exempt
him from appearing in person if it is satisfied that he cannot absent himself
from his duty without detriment to the public service.
 He shall not be liable to arrest, nor shall his property be liable to be attached
otherwise than in execution of a decree.
 Section 82 enacts that no execution shall be issued on any decree passed
against the Government or a public officer unless it remains unsatisfied for
three months from the date of the decree.
(o) Appeal
An order passed under Section 80 is neither a "decree" nor an appealable order and,
hence, no appeal lies against such order.
(p) Revision
An order under Section 80 of the Code is a "case decided" under Section 115 of the
Code and is, therefore, revisable. If a court subordinate to the High Court makes an
order which is patently illegal and suffers from jurisdictional error, it can be corrected
by the High Court.
(q) Writ petition

A writ petition under Article 32 or 226 of the Constitution cannot be said to be a "suit"
within the meaning of Section 80 of the Code. Hence, giving of prior notice to the
Government or public officer is not necessary before filing a petition in the Supreme
Court or in a High Court.
Q-8- Explain the provisions of Summary Suit. Also state the procedure to be
followed in a summary suit.
Ans:-
Summary Suit
Introduction
Summary suit or summary procedure is given in order XXXVII of the Code of Civil
Procedure, 1908. Summary procedure is a legal procedure used for enforcing a right
that takes effect faster and more efficiently than ordinary methods. Its object is to
summarise the procedure of suits in case the defendant is not having any defence.
A summary suit can be instituted in High Courts, City Civil Courts, Courts of Small
Causes and any other court notified by the High Court. High Courts can restrict,
enlarge or vary the categories of suits to be brought under this order.
Page 31 of 42
Classes of suits where summary procedure is applied
Summary suits can be instituted in case of certain specified documents such as a bill
of exchange, hundies, and promissory notes. Summary procedure is applicable to
recover a debt or liquidated demand in money arising on a written contract, an
enactment or on a guarantee.
Institution of summary suits
In order to institute a suit under summary procedure, the nature of suit must be
among the following classes:-
1. Suits upon bill of exchange, hundies and promissory notes
2. Suits for recovering a debt or liquidated demand in money, with or without
interest, arising:-
1. On a written contract, or
2. On an enactment (the recoverable sum should be fixed in money or it
should be in the nature of a debt other than a penalty), Or
3. On a guarantee (here the claim should be in respect of a debt or liquidated
demand only)
A summary suit is instituted by presenting a plaint in an appropriate civil court.
Contents of plaint for summary procedure
Apart from facts about the cause of action, the plaint must contain a specific
affirmation that the suit is filed under this order. It should also contain that no such
relief has been claimed which does not fall under the ambit of rule XXXVII of the
CPC. In the title of the suit, following inscription must be there under the number of
the suit:-
“(Under Order XXXVII of the Code of Civil Procedure, 1908)”
Grounds for summary judgment.—The Court may give a summary judgment

against a plaintiff or defendant on a claim if it considers that––
(a) the plaintiff has no real prospect of succeeding on the claim or the defendant has
no real prospect of successfully defending the claim, as the case may be; and
(b) there is no other compelling reason why the claim should not be disposed of
before recording of oral evidence.
Procedure.—
1. An application for summary judgment to a Court shall, in addition to any other
matters the applicant may deem relevant, include the matters set forth in sub-
clauses (a) to (f) mentioned hereunder:—
a) the application must contain a statement that it is an application for summary
judgment made under this Order;
b) the application must precisely disclose all material facts and identify the point
of law, if any;
c) in the event the applicant seeks to rely upon any documentary evidence, the
applicant must,––
(i) include such documentary evidence in its application, and
Page 32 of 42
(ii) identify the relevant content of such documentary evidence on which
the applicant relies;
d) the application must state the reason why there are no real prospects of
succeeding on the claim or defending the claim, as the case may be;
e) the application must state what relief the applicant is seeking and briefly state
the grounds for seeking such relief.
2. Where a hearing for summary judgment is fixed, the respondent must be given at
least thirty days’ notice of:—
a) the date fixed for the hearing; and
b) the claim that is proposed to be decided by the Court at such hearing.
3. The respondent may, within thirty days of the receipt of notice of application of
summary judgment or notice of hearing (whichever is earlier), file a reply
addressing the matters set forth in clauses (a) to (f) mentioned hereunder in
addition to any other matters that the respondent may deem relevant:—
a) the reply must precisely–– (i) disclose all material facts; (ii) identify the
point of law, if any; and (iii) state the reasons why the relief sought by the
applicant should not be granted;
b) in the event the respondent seeks to rely upon any documentary evidence
in its reply, the respondent must— (i) include such documentary evidence
in its reply; and (ii) identify the relevant content of such documentary
evidence on which the respondent relies;
c) the reply must state the reason why there are real prospects of succeeding
on the claim or defending the claim, as the case may be;
d) the reply must concisely state the issues that should be framed for trial;
e) the reply must identify what further evidence shall be brought on record at
trial that could not be brought on record at the stage of summary
judgment; and
f) the reply must state why, in light of the evidence or material on record if
any, the Court should not proceed to summary judgment.
How summary suits are different from ordinary suits

The table given below demonstrates the difference between a summary suit and an
ordinary suit:-
Summary suits Ordinary suits
Only for suits related to bill of
exchange, hundies, promissory For any matter of civil
Matter
notes and contracts, enactments, nature.
guarantees of specified nature.
Applicability Not applicable if a summary suit Applicable. One cannot file
Page 33 of 42
of res sub- can be filed on the matter directly another suit on the matter
judice and substantially in issue in a directly and substantially in
previous ordinary suit. issue in a previous suit.
The right of the The defendant will get a chance The defendant has a right to
defendant to to defend only if leave to defend defend the averments made
defend is granted. in the suit.
In case of non-appearance of the Multiple summonses are
Ease of getting defendant or refusal of leave to served to the defendant
decree defend, the plaintiff is entitled to when ex parte decree is
decree forthwith. passed.
More strict and stringent. Special Sufficient cause for non-
Setting aside ex
circumstances for non- appearance needs to be
parte decree
appearance has to be shown. shown.
Why summary suits
The summary procedure prevents unreasonable obstructions by the defendant who
has no defence. It assists expeditious disposal of cases. Unless the defendant is
able to demonstrate that he has a substantial defence in his case, the plaintiff is
entitled to a judgment forthwith. In the event of ex parte decree in summary suit, the
defendant is required to show more strict and stringent causes. This ensures that ex
parte decree is not set aside in an ordinary manner.
The summary procedure is generally resorted to in a class of cases where speedy
decisions are desirable in the interest of commercial transactions. Summary suits are
easier to establish for the plaintiff and tougher for the defendant to defend than
ordinary suits. By and large, the summary procedure ensures that the defendant
does not prolong the litigation and prevent the plaintiff from obtaining a decree by
raising untenable and frivolous defences.
Q-9- Explain in detail which property can be liable for attachment and sale in
execution of decree and which property cannot be made liable for attachment
and sale.
Ans:-
Introduction
The execution of a decree is generally through attachment and sale of property. The
legislatures felt a need for exempting some properties from attachment and sale.
These have been enumerated in Sec. 60 and Sec. 61.
Section 60. Property liable to attachment and sale in execution of decree

The following property is liable to attachment and sale in execution of a decree,
namely, lands, houses or other buildings, goods, money, bank-notes, cheques, bills
of exchange, hundis, promissory notes, Government securities, bonds or other
securities for money, debts, shares in a corporation and, save as hereinafter
mentioned, all other saleable property, movable or immovable, belonging to the
Page 34 of 42
judgment-debtor, or over which, or the profits of which, he has a disposing power
which he may exercise for his own benefit, whether the same be held in the name of
the judgment-debtor or by another person in trust for him or on his behalf:
Provided that the following particulars shall not be liable to such attachment
or sale, namely:—
Personal effects
1. The necessary wearing-apparel, cooking vessels, beds and bedding of the
judgment-debtor, his wife and children, and such personal ornaments as, in
accordance with religious usage, cannot be parted with by any woman;
Tools
2. Tools of artisans, and, where the judgment-debtor is an agriculturist, his
implements of husbandry and such cattle and seed-grain as may be necessary to
enable him to earn his livelihood.
Houses and Buildings an agriculturist…

3. Houses and other buildings belonging to an agriculturist or a labourer or a
domestic servant and occupied by them;
4. books of account;
5. a mere right to sue for damages;
6. any right of personal service;
Stipends and Gratuities

7. stipends and gratuities allowed to pensioners notified in the Official Gazette by
the Central Government or the State government and political pension;
Wages of Labourers.
8. the wages of labourers and domestic servants, whether payable in money or in
kind;
Salaries
9. Salary to the extent of the first four hundred rupees and two third of the
remainder in execution of any decree other than a decree for maintenance.
 one-third of the salary in execution of any decree for maintenance;
Defence Acts
10. The pay and allowances of persons to whom the Air Force Act 1950, or the Army
Act 1950, or the Navy Act 1957, applies;
Page 35 of 42
Provident funds/LIC
11. All compulsory deposits towards the Provident funds Act, 1925.
 All deposits towards the Public Provident Fund Act, 1968.
 All moneys payable under a policy of insurance on the life of the judgment-
debtor;
Allowances
12. Any allowance forming part of the emoluments of any servant of the Government
or of any servant of a railway company or local authority which the appropriate
Government may by notification in the Official Gazette declare to be exempt from
attachment.
Contingent Interests
13. An expectancy of succession by survivorship or other merely contingent or
possible right or interest;
14. a right to future maintenance;
Any Indian Law

15. any allowance declared by any Indian law to be exempt from liability to
attachment or sale in execution of a decree; and
Land revenue
16. Where the judgment-debtor is a person liable for the payment of land-revenue;
any movable property which, under any law for the time being applicable to him,
is exempt from sale for the recovery of an arrears of such revenue.
61. Partial exemption of agricultural produce

 The State Government may, by general or special order published in the
Official Gazette, declare that such portion of agricultural produce, or of any
class of agricultural produce, as may appear to the State Government to be
necessary for the purpose of providing until the next harvest the due
cultivation of the land and for the support of the judgment-debtor and his
family, shall, in the case of all agriculturists or of any class of agriculturists, be
exempted from liability to attachment or sale in exaction of a decree.
Page 36 of 42
Q-11-Discuss
(A) Effects of "DEATH", "FRAUD", "MISTAKE" on period of limitation
Section 16 of Indian Limitation Act provides regarding the effect of death, in
computing the limitation period. Section 16 says:
1. Where a person who would, if he were living, have right to institute a suit or right
to make application, dies before such right accrues or where right to institute suit
or make application assures only on the death of a person, the period of limitation
shall be computed from the time when there is a legal representative of deceased
capable of instituting such suit or making such application.
2. Where a person against whom, if he were living, a right to institute suit or make
application would have accrued, dies before such right accrues or where right to
institute a suit or make application against any person-accrues only on death of
such person, the period of limitation shall be computed from the time when there
is legal representative of deceased against whom plaintiff may institute such suit
or make such application."
Section 17 of Indian Limitation Act deals with the effect of 'fraud' or 'mistake' on
period of limitation prescribed by the Act.
According to Section 17:
The limitation shall be computed from the time when the fraud became known to the
person defrauded. Therefore, if any person by the exercise of fraud has kept away
other persons from the knowledge that he has a right to file a suit, limitation will be
computed from the time when such fraud became known to the person so
defrauded.
Where any document necessary to establish such right has been fraudulently
concealed from him or where the suit or application is for the relief from the
consequence of a mistake, limitation shall be computed from the time when he first
has the means of producing the document or compelling its production and in latter
case when the plaintiff or the applicant has discovered the mistake or could have
discovered it. It should be from the date of the discovery of the document.
The following are the essential conditions for getting the advantage of the above
Section:
1. The cause of action of plaintiff has been concealed from him by fraud.
2. The fraud has been done by the defendant or a person through him or who
claims under him.
3. The plaint is in time since the discovery of the fraud.
Exceptions: The following, however, are exceptions to the rule laid down above:
"Nothing in this Section shall enable any suit to be instituted, application to be made
to recover or enforce and charge against or set aside any transaction affecting any
property, which,
Page 37 of 42
1. In the case of fraud, it has been purchased for valuable consideration by a
person who was not a party to the fraud and did not at the time of the purchase
know or have reason to believe that any fraud had been committed, or
2. in the case of mistake, it has been purchased for valuable consideration
subsequently to the transaction in which the mistake was made by a person who
did not know, or have reason to believe, that the mistake had been made, or
3. In the case of a concealed document, it has been purchased for valuable
consideration by a person who was not a party to the concealment and, did not at
the time of purchase know or have reason to believe that document has been
concealed."
The main object of this Section to keep the right of a person to sue suspended so
long as he is not made aware of the fraud to be committed against him. Such a
period is excluded from the prescribed period of limitation. It is based on the principle
that a person should not be deprived of his legal right to sue simply because the
period of limitation expired and he could not have knowledge of fraud done with him
or likely to be done with him.
According to Section 17(1) where the execution of a decree or order within the
period of limitation has been prevented by fraud or force of the judgment debtor, the
court may on the application of judgment creditor made after the expiry of period of
limitation, extend the period for the execution of decree or order. But such an
application must be made by the judgment creditor within one year from the date of
discovery of fraud or the cession of force as the case may be.
(B) Effects of legal disability on period of limitation

CONTINUOUS RUNNING OF TIME (SECTION 9)
It is a fundamental principle of law of limitation that "Once the time has commenced
to run it will not cease to do so by reason of any subsequent event." In other words,
the time runs continuously and without any break or: interruption until the entire
prescribed period has run out and no disability or inability to sue occurring
subsequently can stop it. This rule has been embodied in Section 9 of the Act in the
following words:
"Where once time has begun to run, no subsequent disability or inability to institute a
suit or make an application stops it."
Provided that, where letters of administration to the estate of a creditor have been
granted to his debtor, the running of the period of a limitation for a suit to recover the
debt shall be suspended while administration continues."
This Section applies not only to suits but to applications as well. This has not been
expressly provided in the Section.
If at the date on which the cause of action arose the plaintiff was under no disability,
or inability, then time will naturally begin to run against him because there is no
reason why the ordinary law should not have full operation. Section 9 says that once
Page 38 of 42
time has begun to run, no subsequent disability or inability to sue can stop its
running. This applies to a person himself as well as to his representatives-in-interest
after his death.
The Section contemplates a case of subsequent and not of initial disability, that is, it
contemplates those cases where the disability occurred after the accrual of the
cause of action; whereas cases of initial disability have been provided for by Section
6.
Disability or inability to sue: Disability has been defined as the want of legal
qualification to act and inability of the physical person to act.
Thus according to Calcutta High Court in Pooran Chandra v. Sasson, AIR 1919
Cal. 1018, disability is the state of being minor, insane or idiot, whereas illness,
poverty etc. are instances of inability.
In Union of India v. Tata Engineering and Locomotive Co. Ltd. AIR 1989 Pat.
272 it was observed "true it is that in terms of Section 9 when time has begun to run,
no subsequent disability or inability to institute a suit or make an application stops it
but Section 9 does not provide for a computation of period of limitation."
Exceptions: The principle of Section 9 is strictly applied and no exceptions other

than those which the Act itself prescribes can be recognised. Thus the running of
time is suspended in following eight cases-
1. The proviso to Section 9 contains exception to the general rule that once time
begins to run, no subsequent disability or inability to sue can stop it. The proviso
lays down that when administration of an estate has been given to a debtor of the
deceased, no time will run against such a debtor until the administration of estate
which has been entrusted to him has been finished. In such cases, the law
prevents the duty of properly administering the estate to come into conflict with
the right of the person to sue for the debt, the hand to give and the hand to
receive is the same.
2. The time spent in obtaining a copy of the decree, sentence or order appealed
from or sought to be reviewed shall be excluded while computing the period of
limitation prescribed for an appeal or an application for leave to application and
an application for review of judgment. In the same way the time spent in obtaining
the copy of the award shall be excluded, while computing the period of limitation
to file an application to set aside an award (Section 12).
3. The time taken for prosecuting an application for leave is to be excluded if leave
is necessary while computing the period of limitation for a suit or appeal (Section
13).
4. When the plaintiff has been prosecuting with due diligence another same
proceedings the time spent in it shall be excluded while computing the period of
limitation (Section 14).
Page 39 of 42
5. When an injunction order has been obtained to stay the institution of suit, the time
spent in obtaining injunction or order shall be excluded while computing the
period of limitation (Section 15(1).
6. When notice is served before the institution of a suit, the limitation shall be
suspended during the period of notice (Section 15(1)
7. The period of limitation shall be suspended during the time for which the
proceedings to set aside the sale have been prosecuted in a suit for possession
by purchaser at an execution sale (Section 15(4).
8. If the defendant is absent from India or in the territories beyond India, under the
administration of the Central Government, the time up to which he has been
absent shall be excluded while computing the period of limitation (Section 15(5))
Q-12- Discuss in detail essential and valid acknowledgement under limitation

act.
Ans:-
Valid Acknowledgement under Section 18: Section 18 of Indian Limitation Act lays
down:
1. Where before the expiration of the prescribed period for a suit or application in
respect of any property or right, an acknowledgement of liability in respect of
such property or right has been made in writing signed by the party against whom
such property or right is claimed, or by any person through whom he derives his
title or liability, a fresh period of limitation shall be computed from the time when
the acknowledgement was so signed.
2. Where the writing containing the acknowledgement is undated oral evidence may
be given of the time when it was signed; but subject to the provisions of the
Indian Evidence Act, 1872, oral evidence of its contents shall not be received."
Explanation (a) added to Section 18 says "an acknowledgement may be sufficient

though it omits to specify the exact nature of the property or right, or avers that the
time for payment, delivery, performance or enjoyment has not yet come or is
accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled
with a claim to set off, or is addressed to a person other than a person entitled, to the
property or right."
So where prescribed period for suit or application in respect of some property or right
has begun to run but has not expired, an acknowledgement in writing of such right
has been made, a fresh period of limitation should be computed from the time when
the acknowledgement was so signed.
In Hindustan Apparel Industries v. Fair Deal Corp. New Delhi AIR 2000 Guj 261
it was held that "the payment of cheque which is dishonoured would amount to
acknowledgement of debt and liability and by necessary consequence there will be
saving of Imitation as envisaged by Section 18 of Limitation Act. A cheque would
Page 40 of 42
prima facie amount to an admission of debt unless contrary intention has been
expressed by the person issuing the cheque."
The principle on which Section 18 is based is that the bar of limitation should not be
allowed to operate in cases in which the existence of a claim is acknowledged by
persons who are under the liability.
In Tilak Ram v. Nathu AIR 1967 SC 935 it was pointed out that the Section requires
(i) an admission or acknowledgement
(ii) such acknowledgement must be of a liability in respect of property or right
(iii) it must be made before the expiry of period of limitation
(iv) it should be in writing and signed by the party against whom such property or
right is claimed.
Q-13-Acquisition of Ownership by Possession

Ans:-
The general rule of law of limi1ation is that, it only bars the remedy- and does not
extinguish the right itself. In other words law of limitation lays down the rule that
when a suit or appeal or application is filed after the prescribed period of limitation,
then such suit or appeal or application shall be dismissed, such dismissal means the
court will not grant remedy if asked for after the prescribed of limitation but law does
not dispute the right of litigant.
Section 27 of Act is the exception to this general principle so far as suits for
possession of property are concerned and lays down that after the expiry of period
thus prescribed for instituting a suit for possession of any property, the person who
should have instituted such suit but has failed to do so, shall cease to have any right
to the property. After the expiry of its period the law declares simply that not only the
remedy is barred but that title is extinct in favour of the possessor.
In Banarsi Das v. Jiwan Ram, AIR 1995 P & H 85 it was observed" A bare perusal of
Section 27 of Indian Limitation Act would show that after expiry of the period of
limitation prescribed for filing suit for possession under the Limitation Act, even the
right to sue for possession is extinguished."
Article 64 of Schedule of Limitation Act says that period of limitation for suit for
possession of immovable property based on previous possession and not on title,
when the plaintiff while in possession of the property has been dispossessed is
"twelve years" and such period begins to run from the date of such dispossession of
plaintiff. Article 65 says that period of limitation for filing suit for possession of
immovable property or any interest therein based on title is "twelve years" and period
of limitation begins to run when the possession of defendant becomes adverse to the
plaintiff. So in all suits for possession based on dispossession whether plaintiff had
title or not, the burden of proof is on the plaintiff to prove that he was in possession
and was dispossessed within 12 years of filing suit and in suit for possession based
on title, burden of proof is on defendant to prove that his possession over suit
property becomes adverse to plaintiff for beyond 12 years of the suit, upon the proof
Page 41 of 42
of defendant being in adverse possession for property for period of beyond 12 years
(a period which Article 65 prescribes within which plaintiff can file suit for possession
on the basis of title), plaintiffs right to property will extinguish 0 possessor.
The concept of adverse possession contemplates a hostile possession i.e., a
possession which is expressly or impliedly in denial of the title of the true owner.
Possession to be adverse must be a possession by a person who does not
acknowledge the other's rights but denies them.
The full period prescribed for a suit for possession must have expired, otherwise the
title of the true owner is not extinguished in favour of wrongdoer. An owner does not
lose his right to it merely because it happens not to be in possession of it for twelve
years but his right is extinguished only when somebody else is in adverse
possession of property of lawful owner and no suit for possession has been filed
within prescribed period of limitation. Institution of the suit for possession is sufficient
to bar the operation of Section 27 of Limitation Act.
Page 42 of 42

Explaining Plaint and Its Elements

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Explaining Plaint and Its Elements

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Q-1-Explain in details the term Plaint and what is written in Plaint?

1. Particulars to be contained in plaint

Civil Procedure Code, LLB 2ndSemester, 3rd Year (Musahib)

3. Where the subject-matter of the suit is immovable property

4. When plaintiff sues as representative

5. Defendant's interest and liability to be shown

6. Grounds of exemption from limitation law

7. Relief to be specifically stated

Civil Procedure Code, LLB 2ndSemester, 3rd Year (Musahib)

8. Relief founded on separate ground

9. Procedure on admitting plaint

Order VII- Plaint, Rule 11.

Relief Claimed Is Undervalued

Plaint Barred by Law

Rule 12. Procedure on rejecting plaint

Civil Procedure Code, LLB 2ndSemester, 3rd Year (Musahib)

For a decree the following elements are required

2. Such adjudication must have been done in a suit

Civil Procedure Code, LLB 2ndSemester, 3rd Year (Musahib)

4. Such determination must be of a conclusive nature

5. There must be a formal expression of such adjudication

Civil Procedure Code, LLB 2ndSemester, 3rd Year (Musahib)

Kasi v. Ramanathan Chettiar

5. Partly final and partly preliminary

Q-3 Write Short Note on

2. Inherent Powers: Scheme

Civil Procedure Code, LLB 2ndSemester, 3rd Year (Musahib)

3. Enlargement of Time: Section 148

4. Payment of Court Fees: Section 149

5. Transfer of Business: Section 150

6. Ends of Justice: Section 151

Civil Procedure Code, LLB 2ndSemester, 3rd Year (Musahib)

7. Amendment of Judgments, Decrees, Orders and Other Records: Sections

 Section 152 is confined to amendments of judgments, orders or decrees. Order 6

Civil Procedure Code, LLB 2ndSemester, 3rd Year (Musahib)

(B) Foreign Judgment

Civil Procedure Code, LLB 2ndSemester, 3rd Year (Musahib)

When Foreign Judgment Not Binding:

Foreign Judgment Not by Competent Court:

Foreign Judgment Not on Merits:

Foreign Judgment Against International or Indian Law:

Civil Procedure Code, LLB 2ndSemester, 3rd Year (Musahib)

Foreign Judgment Obtained by Fraud:

Foreign Judgment Founded On Breach of Indian Law:

Presumption as to Foreign Judgments:

Enforcement of Foreign Judgments: A conclusive judgment U/s 13 can be

1. By Instituting a suit on such Foreign Judgment:

2. By Institution of Executing Proceedings: A foreign judgment may be enforced

Civil Procedure Code, LLB 2ndSemester, 3rd Year (Musahib)

Provision: Section 148-A of the Code provides for lodging of a caveat.

Civil Procedure Code, LLB 2ndSemester, 3rd Year (Musahib)

Where caveat lie: According to S. 148-A, a caveat can be lodged in a suit or

Civil Procedure Code, LLB 2ndSemester, 3rd Year (Musahib)

2. Rules as to nature of the suit:

1) Suits in respect of immoveable property:

Section 16: Suits to be instituted where the subject-matter is situated:

Civil Procedure Code, LLB 2ndSemester, 3rd Year (Musahib)

Section 17: Suits for immoveable property situated within jurisdiction of

Section 18: Place of institution of suit where local limits of jurisdiction of

2) Suit for compensation for wrong to person or movable property: Section 19

Civil Procedure Code, LLB 2ndSemester, 3rd Year (Musahib)

ABC Lamnart Private Ltd V AP Agencies

Civil Procedure Code, LLB 2ndSemester, 3rd Year (Musahib)