Ans:- 1)

Definition
The Code of Civil Procedure, 1908 is a procedural law related to the
administration of civil proceedings in India.
The Code is divided into two parts: the first part contains 158 sections
and the second part contains the First Schedule, which has 51 Orders
and Rules. The sections provide provisions related to general principles
of jurisdiction whereas the Orders and Rules prescribe procedures and
methods that govern civil proceedings in India.

Suits of Civil Nature

Suits of civil nature is a very wide expression and not exhaustive in any
law. However, some light can be cast on this topic based on The Code of
Civil Procedure, 1908 [Hereinafter mentioned as “CPC”]. In CPC suits of
civil nature means a suit that is presented before a Civil Court for
adjudication of a civil matter, more specifically to determine the right of
property or office.

Here in both phrases, “property right” and “right to the office” deserves
more clarification. “Property right” means and includes movable,
immovable, intellectual, inheritable property and property that arise out of
any contract, agreement, litigation, or out of any other civil rights. As
opposed to, “right to the office” means a right to hold a position and
exercise the power of that position. It could be a job post, a religious, or any
secular post.

Section 9
Provisions relating to “suits of civil nature” have been laid down in section 9
of CPC. It reads “Court shall have the jurisdiction to try all suits of civil
nature except those of which their cognizance is expressly or impliedly
barred.”
In the landmark case, Shankar Narayan Potti v K Sreedevi, (1998) 3 SCC
751 the apex court held that ”it is obvious that in all type of civil dispute civil
courts have inherited jurisdiction as per section 9 of the CPC unless a part
of Jurisdiction is carved out from such jurisdiction, expressly or by
necessary implication by any statutory provision conferred on any other
tribunal or authority.”

Civil Suit examples

Following are the suits of civil nature

● suit relating to the property.

● suit for damage of civil wrong.
● suit for Specific Relief.
● suit for damage for breach of contract.
● suit for rent.

But these are not suits of civil nature,

● A suit for a declaration of a member of caste refrained from

invitation to a cast dinner.
● A suit for the expulsion of a member from caste.
● Suits involving purely religious ceremonies.

Res Judicata
In the case of Res Judicata, a matter once decided cannot be raised
again, either in the same court or in a different court. This is why it is
also called ‘claim preclusion’ as it precludes or prohibits any further
claims after the final judgment. It is a common-law practice meant to
bar re-litigation of cases between the same parties in the court.

The doctrine of Res Judicata come from the full maxim ‘Res judicata
pro veritate accipitur’. The concept of Res Judicata evolved from the
English Common Law system and was derived from the overriding
concept of judicial economy, consistency, and finality. From the
common law, it got included in the Code of Civil Procedure, which
was later as a whole adopted by the Indian legal system.

Purpose of Res judicata

Res Judicata aims to prevent;

1. Injustice to the parties of a case that has been supposedly

concluded by providing closure to a judgment and precluding
any further claims
2. Unnecessary waste of court resources
3. Multiplying of judgments as further claims would lead to
several varied judgements on the same matter which will
lead to confusion
4. Recovery of damages from the defendant twice for the same
injury

Res judicata includes

● Claim preclusion: it focuses on barring a suit from being brought

again on a legal cause of action, that has already been, finally
decided between the parties.
● Issue preclusion: bars the re-litigation of factual issues that
have already been necessarily determined by a judge as part
of an earlier claim.

Though it must be noted that, this doesn’t include the process of

appeal, as an appeal is considered the appropriate way to challenge a
judgement. Once the appeal process is exhausted or barred by
limitation, the res judicata will apply to the decision. Therefore, its
application is only on the final decision post appeals.

Res Sub Judice

When two or more cases are filed between the same parties on the
same subject matter, in two or more different Courts, the competent
court has power to “Stay Proceedings” of another Court. The doctrine
of res sub judice aims to prevent courts of concurrent jurisdiction
from simultaneously entertaining and adjudicating upon two parallel
litigations for the same cause of action, same subject matter and
same relief claimed.

Application of Res Sub Judice in India

Section 10 of the Civil Procedure Code defines ‘Stay of suit’ as

follows:

“No Court to proceed with the trial of any suit in which the matter in
issue, is also directly and substantially in issue. In a previously
instituted suit between the same parties, or between parties under
whom they or any of them claim, litigating under the same title,
where such suit is pending in same or any other Court, in India,
Having jurisdiction to grant the relief claimed. Explanation: The
pendency of a suit in a Foreign Court doesn’t preclude the Courts in
India from, trying a suit founded on the same cause of action.”

Scope and Objective of section 10

1. Scope: Section 10 deals with the concept of Res Sub Judice.

2. Objective: The object of Section 10 is to prevent courts of
concurrent jurisdiction from simultaneously, trying two
parallel cases, in respect of the same matter in issue. The
two-fold objects are:
1. Avoid wasting Court Resources.
2. Avoid Conflicting decisions.

Conditions or essentials

● The matter in issue in both the cases are to be substantially

the same
● The previously instituted suit must be pending in the same or
any other court competent to grant:
1. The relief was claimed in the suit.
2. The relief claimed in subsequent the suit.
 ● Suits to the parties are to be the same or between parties
under whom they or any of them claim, litigating under the
same title.
● Pendency of suit in Foreign Court doesn’t activate Section 10
CPC.
● If the was suit is pending before a Court and subsequently,
an application is filed before a Thasildhar, it doesn’t invoke
Section 10 as Thasildhar is not a “Court”
● For purpose of the institution, the date of presentation of the
plaint and not the date of admission is considered. The term
suit includes appeal.
● Any decree passed in violation of Section 10 is null and void.

Foreign Judgement
A foreign judgment is defined under section 2 (6) of the CPC as a
judgment of a foreign court. A foreign court, under section 2(5) of CPC,
means a court situated outside India and not established or continued by
the authority of the Central Government.

A foreign decree is defined in Explanation II to section 44A of the CPC

as, "Decree" concerning a superior court means any decree or judgment
of such court under which a sum of money is payable, not being a sum
payable in respect of taxes or other charges of a like nature or respect of
a fine or another penalty, but shall in no case include an arbitral award,
even if such an award is enforceable as a decree or judgment.

Place of Suing
There are three kinds of jurisdiction to determine the place of
suing:-

● Territorial jurisdictions
● Pecuniary jurisdictions
● Subject matter jurisdiction
Whenever the suit is brought before the court the first question
is to determine is whether the court has jurisdiction to deal
with the matter. If the court has all these (territorial, pecuniary,
or subject matter jurisdiction then only the court has the power
to deal with the case. In this case, if the court does not have
any of the above mentioned factors then it will be considered
as lack of jurisdiction or the irregular exercise of jurisdiction.
when the court that does not have jurisdiction decide the case
and give a decision then such decision will be considered void
or voidable depending upon the different circumstances.

Every suit shall be instituted in the court of the lowest grade

competent to try it. The word competent denotes that the court
must have the power to hear the case concerning pecuniary
jurisdiction. The court of lowest grade who has a jurisdiction
with regards to pecuniary value shall deal with the case at first
instance.

Territorial Jurisdiction (Section 16 to 20)

It is divided into:-

● Suits relating to immovable property ( Section 16 to 18)

● Suits related to Movable property ( Section 19)
● Other suits( Section 20)

Section 16 states that the suit related to immovable property

shall be instituted where such immovable property is situated.

It talks about the institution of the suit concerning:-

● Recovery of immovable property with or without profit

or rent
● Partition of immovable property
 ● Foreclosure, sale or redemption in case of charge or
mortgage upon immovable property
● Compensation for a wrong caused to immovable
property
● Determination of any interest or rights related to
immovable property
● Recovery of movable property under attachment or
distraint, for all the above-mentioned purposes.

When the suit is filed for the relief or compensation for wrong
caused to immovable property held by a defendant or any
other person on the behalf of a defendant where the relief can
be obtained through his attendance then suits may be
instituted in a court within whose local jurisdiction:-

● the property is situated, or

● the defendant voluntarily and resides or carries on
business or personally for gains.

Ans:- 2)
Parties to Suit
In a civil suit, the presence of both the plaintiff, who files the suit and the defendant,
who issued it, is necessary. In each case there are two categories; the first one is the
necessary party and the other is a proper party. A necessary party is one whose
presence is indispensable to the constitution of the suit, against whom relief is
sought and without whom no effective order can be passed. A proper party is one in
whose absence an effective order can be passed, but whose presence is necessary
for a complete and final decision on the question involved in the proceeding.

Where the number of plaintiffs/defendants is one, no dispute arises regarding their

representation; but some uniform rules become mandatory if this number crosses
this limit. Order 1 contains these rules.
 Frame of Suit
Every suit shall as far as practicable be framed to afford ground for final
decision upon the subjects in dispute and to prevent further litigation
concerning them.

(1) Every suit shall include the whole of the claim which the plaintiff is
entitled to make in respect of the cause of action, but a plaintiff may
relinquish any portion of his claim to bring the suit within the jurisdiction
of any Court.

(2) Relinquishment of part of the claim- Where a plaintiff omits to sue in

respect of, or internationally relinquishes, any portion of his claim, he
shall not afterwards sue in respect of the portion so omitted or
relinquished.

(3) Omission to sue for one of several reliefs- A person entitled to more
than one relief in respect of the same cause of action may sue for all or
any of such reliefs; but if he omits, except with the leave of the Court, to
sue for all such reliefs, he shall not afterwards sue for any relief so
omitted.

Explanation- For this rule, an obligation and collateral security for its
performance and successive claims arising under the same obligation
shall be deemed respectively to constitute but one cause of action.

PLEADING
“Pleading is defined in Order VI Rule 1 of the CPC” Pleadings are statements in
writing delivered by each party alternatively to his opponent stating what his
contention will be at the trial and giving all such details as his opponents need to
now an order to prepare his case or answer. In the words of Jacob “Pleadings do not
only define the issues between the parties for the final decision of the court at the
trial, but they also manifest and exert their importance throughout the whole process
of the litigation. Pleading are those materials or essentials or essential facts which
are necessary to be averred to put forward a cause or to establish a defence in a
judicial proceeding. It is the backbone of the suit upon which the entire edifice of the
suits rests. It includes allegations and counter-allegations made by one party and
denied by the other.
Objects of pleading:-
1) To define the issues involved between two parties.
2) To provide an opportunity to the opposite party or another side to meet up the
particular allegation raised against him or her and.
3) To enable the court to adjudicate the real issues involved between two parties.

PLAINT
Plaint is defined in Order 7 of CPC. Plaint is a statement of claim filed by the plaintiff
wherein it states the material facts upon which he relies in support of his case and
claims and relief he desires.

The object of the plaint is to acquaint the court and the opposite party (i.e the
defendant) with the case of the plaintiff “Plaint is the backbone of the suit”. The real
nature of the suit has to be gathered from the plant as a whole upon the facts based
on which the claim was founded.

Essential Part of Plaint:-

(a) Heading and Title
(b) Body the Plaint

(a) Substantial Portion:-

(i) Matters of inducement.
(ii) Facts constituting a case of action (Order VII Rule 1(d))
(iii) Facts showing defendants interest and liability (Order VII Rule 5)

Formal Portion:-
(i) Date of the cause of action
(ii) Statements of facts about jurisdiction.
(iii) Statement as to the valuation of the suit.
(iv) Statement as to minority or insanity of a party.
(v) Statement as to plaintiff representative character.
(vi) Statement as to grounds of exemption from limitation law.
(3) Relief claimed.
(4) Signature and verification.

WRITTEN STATEMENT
“Written Statement is defined in Order 8 of CPC”, the Written statement is the
statement or defence of the defendant by which he either admits the claims of the
plaintiff or denies the allegations or averments made by the plaintiff in his plaint.

According to Sub Rule 1 of Order VIII Rule 1, the defendant must file his written
statement within 30 days from the date of service of summons on him. But where
the defendant fails to file the written statement within the said period of 30 days, the
court for reasons to be recorded in writing may extend the period up to 90 days. The
court in his discretion would have the power to allow the defendant to file a written
statement even after the expiry of 90 days.

Essentials of written statement:-

1) Heading and Title.
2) Body of the written statement.
3) Signature and verification
a) Constructive admission caused by defective denials (Order VIII Rule 5)
b) Constructive admission caused by the non-filing of a written statement. (Order VIII
Rule 5(2))

Who may file written statement:-

A written statement may be filed by the defendant or by his duly authorized agent. In
the case of more than one defendant, the commonly written statements filed by
them must be signed by all of them. But it is sufficient if it is verified by one of them
who is aware of the facts of the case and is in a position to file an affidavit. But a
written statement filed by one defendant does not bind other defendants

Set-Off
Set-off is related to debts. It is the reciprocal claim made by the
defendant. Set-off can be used only under the suit for the recovery of
money. This can be better under an example. Suppose, A files a suit
against B claiming that the latter is Rs.20,000 due to him. Now, B also
has a claim against A that he is Rs.10,000 in debt to the former, i.e., A is
Rs.10,000 in debt of B. Here, both are mutually indebted to each other,
and they both have to pay off the debts due to each other. Instead of
filing a fresh suit altogether, B files a set-off claim along with the written
statement in response to the plaint filed by A.
Set-off is dealt with under Order VIII Rule 6, and it says that such written
statement along with a set-off should be considered by the Court as
much as plaint because it too has a subject matter that is in dispute.
However, certain conditions have to be met for filing a set-off by the
defendant. They are:

● The suit initiated must be for the recovery of money. So, set-off can
be filed only in money suits.
● The defendant must claim only the amount that he has already lent
to the plaintiff. The defendant cannot claim the money he has not
already lent. It means the money should be ascertained.
● The ascertained money should be legally recoverable by the
defendant from the plaintiff. It should not be barred by any laws of
limitation.
● The recoverable money by the defendant should be defendant or
defendants if there are many, and in the same way, it should be
recovered from the plaintiff or plaintiffs if there are many.
● The set-off should be filed only in the court which has financial
jurisdiction.

Counter-Claim
Counter-claim is dealt with under Order VIII Rules 6-A to 6-G of the
Code of Civil Procedure, 1908. It is a claim which is separate and
independent from that of the plaintiff. It is also cross-claim but does not
necessarily arise out of the same cause of action contained in the plaint.
Unlike set-off, a counter-claim need not be mandatorily related to the
recovery of money. It could be regarding any civil disputes.

The characteristics of counter-claim are as follows:

● Counter-claim also should accompany a written statement. If it is

not filed along with the written statement, the court usually does
not allow the defendant to file the counter-claim at a later stage in
the suit, if he intends to prolong the proceedings of the suit.
 Nonetheless, the counter-claim can always be filed as subsequent
pleading under Rule 9 of the same Order.
● Counter-claim was brought into existence to avoid multiplicity of
proceedings and thereby save a lot of the court’s valuable time.
For example, A files a suit against B and B also wants to file a suit
against A for a completely different subject matter. Instead of filing a
separate suit, B makes a counter-claim against A. Here, a lot of time is
being saved since the counter-claim proceedings are being carried on by
the original suit proceedings.

● The counter-claim is treated on par with the plaint, and the plaintiff
should file a written statement in response to the counter-claim.
The court can pronounce the final judgement both on the original
claim and the counter-claim.
● For the defendant, the counter-claim can be filed by the defendant
against the plaintiff. In some instances, he can claim from
co-defendants along with the plaintiffs. But a counter-claim solely
to claim from the co-defendants is not entertained by the courts.
● The counter-claim should be filed only when the subject matter is
not barred by the Limitation Act.

Suit by Indigent Persons

Order XXXIII relates to being filled by indigent persons. An indigent
person is defined in explanation one to Rule 1 according to which is a
person is an indigent person if he is not possessed of sufficient means
other than property exempted from attachment in execution of the
degree, to enable him to pay prescribed fees. An application is to be filed
along with the suit for permission to allow the applicant to file the suit as
an indigent person. After due inquiry, the court however may reject the
application for permission to file the suit as an indigent person on the
ground mentioned in Rule 5. A person having been declared as the
indigent person can be disappeared on the ground mentioned in Rule 9.
Under Rule 18 the state government can provide free legal service to the
indigent persons.
The concept is well explained by the Orissa high court in the case of
Manglu Chattar v. Maheshwar Bhoi as follows, the tools of artisans are
exempted from the attachment. In the instant case according to the
findings of the trial court, the appellant possessed tools and weaving
materials and they get daily wages. Both these items are covered under
Section 60(1) of CODE OF CIVIL PROCEDURE, 1908. There is no other
evidence adduced from the side of the defendant to show that the
petitioners are possessed of any other property. Therefore there is no
dispute about the fact that the appellants are all weavers and their
weaving materials consist of tools of artisans. These properties are not
to be taken into consideration to find out whether they will be able to pay
the court fee. So also the daily wages they get cannot be taken into
consideration for the aforesaid purpose. On the aforesaid analysis, it
should be held that the appellants are indigent persons and, therefore,
they should be allowed to sue as the indigent persons
Suit in Particular Cases
Suits by or against the Government or Public Officers in their
Official Capacity

Section 79-82 of the Code deals with suits by or against the

government or public officers in their official capacity.
According to Section 79 of the Code, when any suit is filed
against the government, then the government shall be referred
to as defendant in the suit and likewise, if any suit is filed by
the government, then the government will be referred to as
Plaintiff in the suit. However, it is pertinent to note that if any
such suit is filed either by the Central Government or against
the Central Government, then the plaintiff or defendant, as the
case may be, shall be the Union of India. And, if any such suit
involves State Government, then, the party to suit will be
referred to as the State.
Suits by Aliens

This section discusses those cases wherein aliens will be

permitted to institute a suit. According to Section 83 of CPC,
the alien enemies residing in India, after seeking permission
from the Central Government as well as the alien friends are
allowed to sue as if they were citizens of India. The alien
enemies can file the suit in any court competent to try a suit of
a citizen. However, it is pertinent to note that the alien enemies
residing in India without permission of the Central Government
or residing in a foreign country are not allowed to sue in any
court of India. Furthermore, Section 84 of the code permits the
foreign state to institute a suit incompetent court.

Interpleader Suits

Section 88 of CPC, 1908 provides for interpleader suits. The

word ‘To Interpleader’ implies ‘to litigate with each other to
settle a point concerning the third party. The procedure to
institute an Interpleader Suit is given under Order 35 of CPC,
1908. An interpleader suit is defined as a suit wherein no
dispute is between the parties; namely the plaintiff and the
defendant, but the dispute is actually between the defendants
themselves, who inter-plead against each other. One can
differentiate between an original suit and an interpleader suit
as the former is a dispute between plaintiff and defendant
whereas the latter is between defendants. In such types of
suits, the plaintiff is least attentive towards knowing the
subject matter of the suit. However, the plaintiff in such a suit
must be in a position of impartiality/ non-arbitrariness.
Friendly Suits

A special type of suit namely a friendly suit is defined under

Section 90 of the CPC and Order 36 lays down its procedure. It
is a special kind of suit wherein the plaintiff and defendant do
not approach the court and the plaintiff in such suits does not
present a complaint. The procedure used in ordinary civil
litigation is different from that in friendly suits. The parties in
friendly suits are concerned about the decision on any question
of fact or law. For determining the question of law or question
of fact, both parties agree in writing whereby they state these
questions similar to the manner a case is filed. The same is
done to obtain the opinion of the court. The court may decide
the question if it is satisfied that such a question is fit to be
decided. Order 36 Rule 1-6 lays down the procedure for special
cases or friendly suits.

Ans:- 3)

Summons and Discovery

Discovery
Under Civil Procedure Code, 1908 discovery basically means a pre-trial
procedural aspect wherein each party is allowed to obtain evidence from the
opposite party or parties. In other words, we can say that it is a formal
process wherein the parties get a chance to exchange information regarding
the witnesses and evidence which will be presented before the court during
the trial.

Nature
The scope of this section is determined by the extent of discovery that can be
made by the party with the intervention of the court. The information which
is obtained during the discovery is not needed to be admissible in court. As
per the requirement, parties can obtain an order from the court for the
discovery of required facts/ documents from the opposite party to
understand the purpose of the case. Thereby, the scope or extensibility of
applying this section depends upon the nature of the case and material which
is asked by the other party. So it is the discretion of the court to decide
whether the application is covered as per the scope provided to the section
under the code or not.

Objective
The objective of the interrogatories are:-
1. To determine the nature of the case when it is not clear from the
suit filed.
2. To make own case stronger by making the other party do
admissions.
3. To destroy the case of the opponent.

Summons
A summons is a written notice served on a person under the authority of the
court to appear personally before the court. Summons in Civil Procedure
Code, 1908 (hereinafter referred to as “CPC”) are served on the defendants
and witnesses. Defendants are summoned to intimate the suit filed against
them. Whereas the witnesses are summoned to demand evidence or to
produce documents or both.

Who cannot be summoned

According to CPC, certain people cannot be summoned to appear in person.
So, it should be made sure that a summon is not served to such people.
According to Rule 19 of Order 16, the court cannot serve summons to
persons who are residing outside the original jurisdiction of the court. The
rule is exempted if such a person’s residence is situated less than fifty miles
from the courthouse and even in the case where the person’s residence is
situated less than two hundred miles from the courthouse where there is an
availability of public transport.

Mode of service of summons

The court can serve the summons through its court officer or by registered
post acknowledgement due. This shall be the most preferred method as there
is a proof of acknowledgement slip and there can be no false report of
service of summons. If the person consciously avoids the summons and
cannot be reached by any means, the court officer can affix the summon on
the door or the other conspicuous part of the house where the person resides
or on the place where the person carries business.

Issue of Summons
When a suit has been duly instituted, a summons may be issued to the defendant to
appear and answer the claim and to file the writ statement of his defence, if any,
within thirty days from the date of service summons on that defendant;

Provided that no such summons shall be issued when a defendant has appeal at the
presentation of the plaint and admitted the plaintiff's claim :

Provided further that where the defendant fails to file the written statement wit! the
said period of thirty days, he shall be allowed to file the same on such other days as
may be specified by the Court for reasons to be recorded in writing, but we shall not
be later than ninety days from the date of service of summons.

(2) A defendant to whom a summons has been issued under sub-rule (1) m appear?

(a) in person, or

(b) by a pleader duly instructed and able to answer all material questions relating to
the suit, or

(c) by a pleader accompanied by some person able to answer all such questions

(3) Every such summons shall be signed by the Judge or such officer as appoints
and shall be sealed with the seal of the Court.

1. Sub-rule (1) was substituted by Act No. 46 of 1999, section 15 and now further
substituted Act No. 22 of 2002, section 6 (w.e.f. 1-7-2002).

1[2. Copy of plaint annexed to the summons

Every summons shall be accompanied by a copy of the plaint].

Appearance of parties
The word “appearance” under civil cases has a well-known meaning. It
means the appearance of the party to the suit before a court of law. The
appearance can be by the party in person or through his advocate or any
person along with the advocate of the party.
The mere presence of the party before the court of law is not what the word
“Appearance” under the Order IX of the CPC,1908 means. But the word
“appearance” under CPC means the appearance made by the pleader who
can answer all the material questions which are relevant to the judicial
proceedings in question before the court of law in a duly prescribed and
recognized manner and on the date allotted by the court to each party unless
the court has adjourned the proceedings of the case to some other day.

Rule 1 of Order IX is related to the appearance of the parties on the date of

the first hearing of the case. It declares the mandatory presence of the
parties before the court of law on the day fixed by the court under the
summon issued on the defendant.

According to Rule 2 of Order IX, the failure on the part of the plaintiff to
submit any processing fee determined by the court of law on any stipulated
date. Then such a failure would result in the dismissal of the suit by the
court. However, no such dismissal to the case can be made where the
defendant in person or through his agent attend the proceedings of the court
and answers all the material questions possessed by the court.

Summoning and Attendance of

Witness
(1) On or before such date as the Court may appoint, and not later than
fifteen days after the date on which the issues are settled, the parties shall
present in Court a list of witnesses whom they propose to call either to give
evidence or to produce documents and obtain summonses to such person
for their attendance in Court.

(2) A party desirous of obtaining any summons for the attendance of any
person shall file in Court an application stating therein the purpose for
which the witness is proposed to be summoned.

(3) The Court may, for reasons to be recorded, permit a party to call,
whether by summoning through Court or otherwise, any witness, other than
those whose names appear in the list referred to in sub-rule (1), if such part
shows sufficient cause for the omission to mention the name of such
witness in the said list.
(4) Subject to the provisions of sub-rule (2), summonses referred to in this
rule may be obtained by the parties on an application to the Court or such
officer as may be appointed by the Court in this behalf.

Time, place and purpose of attendance are to be specified in the

summons.

Every summons for the attendance of a person to give evidence or to

produce a document shall specify the time and place at which he is
required to attend, and also whether his attendance is required to give
evidence or to produce a document, or for both purposes; and any
particular document, which the person summoned is called on to produce,
shall be described in the summons with reasonable accuracy.

Summons to produce documents.

Any person may be summoned to produce a document, without being

summoned to give evidence, and any person summoned merely to produce
a document shall be deemed to have complied with the summons if he
causes such document to be produced instead of attending personally to
produce the same.

Execution of Decree
The term “execution” is not defined in the CPC. The term “execution” means
implementing or enforcing or giving effect to an order or a judgment passed
by the court of justice. In simple words “execution” means the process of
enforcing or giving effect to the decree or judgment of the court, by
compelling the judgment-debtor to carry out the mandate of the decree or
order and enable the decree-holder to recover the thing granted to him by
judgment.

Courts that can execute decrees

Section 38 of the Code states that a decree can be executed either by the
Court of the first instance or by the Court to which it has been sent for
execution.
Section 37 of the Code further establishes the scope of the expression
“court which passed a decree” with the object of enabling a decree-holder
to recover the fruits of the decree. The courts which fall within the said
expression are as follows:
 1. The court of the first instance;
2. The court which passed the decree in case of appellate decrees;
3. The court which has jurisdiction to try the suit at the time of
execution, if the court of the first instance ceased to exist;
4. The court which at the time of execution had jurisdiction to try the
suit, if the court of the first instance has ceased to have jurisdiction
to execute the decree.

Transfer of decree for execution

Section 39 provides that when a decree-holder makes an application to the
court of the first instance to send the decree for execution to another court,
the court of the first instance may do the same if any of the following
grounds exist:
1. if the judgment-debtor carries on business, or resides or personally
works for gain, within the jurisdiction of such Court;
2. if the property of judgment-debtor does not come under the
jurisdiction of the Court of the first instance but it comes under the
local limits of the jurisdiction of such Court;
3. if the decree directs delivery or sale of immovable property situated
outside the jurisdiction of the Court which passed the same;
4. if the Court which had passed the decree considers that the decree
should be executed by another court, but it shall record the reasons
in writing for doing the same.