Supreme Court

The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive
original jurisdiction includes any dispute between the Centre and State(s) or between
States as well as matters concerning enforcement of fundamental rights of individuals.
The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted
by the High Court concerned in respect of any judgment, decree, or final order of a High
Court, in both civil and criminal cases, involving substantial questions of law as to the
interpretation of the Constitution. Supreme Court decisions are binding on all Courts/
Tribunals in the country and act as precedence for lower courts. Under Art 141 of the
Constitution, all courts in India are bound to follow the decision of the Supreme Court as
the rule of law.

High Courts

High Courts have jurisdiction over the States in which they are located. There are at
present, 23 High Courts in India.1 However, the following three High Courts have
jurisdiction over more than one State: Bombay (Mumbai) High Court, Guwahati High
Court, and Punjab and Haryana High Courts. For instance, the Bombay High Court is
located at Mumbai, the capital city of the State of Maharashtra. However, its jurisdiction
covers the States of Maharashtra and Goa, and the Union Territories of Dadra and
Nagar Haveli. Predominantly, High Courts can exercise only writ and appellate
jurisdiction, but a few High Courts have original jurisdiction and can try suits. High Court
decisions are binding on all the lower courts of the State over which it has jurisdiction.

District Courts

District Courts in India take care of judicial matters at the District level. Headed by a
judge, these courts are administratively and judicially controlled by the High Courts of
the respective States to which the District belongs. The District Courts are subordinate
to their respective High Courts. All appeals in civil matters from the District Courts lie to
the High Court of the State. There are many secondary courts also at this level, which
work under the District Courts. There is a court of the Civil Judge as well as a court of
the Chief Judicial Magistrate. While the former takes care of the civil cases, the latter
looks into criminal cases and offences.

Lower Courts

In some States, there are some lower courts (below the District Courts) called Munsif's
Courts and Small Causes Courts. These courts only have original jurisdiction and can
try suits up to a small amount. Thus, Presidency Small Causes Courts cannot entertain
a suit in which the amount claimed exceeds Rs 2,000.2 However, in some States, civil
courts have unlimited pecuniary jurisdiction. Judicial officers in these courts are
appointed on the basis of their performance in competitive examinations held by the
various States' Public Service Commissions.

Tribunals

Special courts or Tribunals also exist for the sake of providing effective and speedy
justice (especially in administrative matters) as well as for specialised expertise relating
to specific kind of disputes. These Tribunals have been set up in India to look into
various matters of grave concern. The Tribunals that need a special mention are as
follows:

Income Tax Appellate Tribunal

Central Administrative Tribunal

Intellectual Property Appellate Tribunal, Chennai

Railways Claims Tribunal

Appellate Tribunal for Electricity

Debts Recovery Tribunal

Central Excise and Service Tax Appellate Tribunal

For instance, the Rent Controller decides rent cases, Family Courts try matrimonial and
child custody cases, Consumer Tribunals try consumer issues, Industrial Tribunals
and/or Courts decide labour disputes, Tax Tribunals try tax issues, etc.

It also needs special mention here that certain measures like setting up of the National
Company Law Tribunal (NCLT) to streamline and effectuate the liquidation proceedings
of companies, dispute resolution and compliance with certain provisions of
the Companies Act, 20133 are also in the pipeline.

Civil Laws - Civil Procedure Code - CPC

General Principles of Institution of Civil Suits

Courts are there to settle the disputes between individual persons and to declare and
establish their rights regarding the matters in dispute. So whenever persons fail to solve
a dispute among themselves, they can approach the Court by filing a suit. It is called
institution of suit.

There are various categories of Courts. All categories can be classified under Courts of
First instance and appellate Courts. As per Section 15 of Civil Procedure Code every
suit shall be instituted in the Court of the lowest grade competent to try it. Every Court
has specific pecuniary and territorial jurisdiction. So we cannot file suits as per our
convenience. Rules regarding filing of suits are guided by various provisions of Civil
Procedure Code. Now let us have a look at those provisions.

1. Where to file the case:

Before filing a suit one should know where or before which Court the suit has to be filed.
It is called place of suing. Place of suing is subjected to two limitations:
(1) territorial jurisdiction of the Court; and
(2) pecuniary jurisdiction of the Court, Territorial jurisdiction depends upon the nature of
the suit, i.e. subject matter of the dispute. Depending upon the nature of subject matter,
suits are divided into 3 categories. They are-
# Suits relating to immovable property.
# Suits relating to compensation for wrongs to person and movables.
# Other suits.

2. In case of Suits relating to immovable property:- As a general rule suits relating to
immovable property shall be filed in the Court within the local limits of whose territorial
jurisdiction the property is situate, In other words, where the property in dispute is
situated.

Section 16 of the Civil Procedure Code is as follows:

"Suits to be instituted where subject matter situate: Subject to the pecuniary and other
limitations prescribed by any law, suits-
(a) for the recovery of immovable property with or without rent or profits.
(b) for the partition of immovable property.
( c) for the foreclosure, sale or redemption in the case of a mortgage of or charge upon
immovable property.
(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 or attachment,

shall be instituted in the Court within the local limits of whose jurisdiction the property is
situate:
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable
property held by or on behalf of the defendant may, where the relief sought can be
entirely obtained through his personal obedience, be instituted either in the Court within
the local limits of whose jurisdiction the property is situate, or in the Court within the
local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries
on business, or personally works for gain."

Here it should be noted that the pecuniary jurisdiction of Courts differ from State to
State.

There is yet another limitation regarding the filing of suits on immovable property. It is
clear from the proviso to Section 16. The proviso relates to the suits for compensation in
relation to immovable property held by or on behalf of defendant and where the relief
sought can be entirely obtained through his personal obedience. That means, the relief
for compensation is independent of its own and has nothing to do with other relief's
regarding immovable property referred to in clauses (a) to (d) of Section 16.

3. Property at distant places:- 1, 2, 3, 4 are brothers. They are living at different places
like A and B. They are having their immovable ancestral properties at A, B and C. 1
prefers to file a suit for partition against 2, 3 and 4. He can file the suit at A, B or C i.e
where a portion of the property is situate. But in such cases, the entire suit claim has to
be taken into consideration for purpose of payment of court fee and pecuniary
jurisdiction. In the above example, no doubt the suit for partition can be filed at A
provided the total value of property situated at A, B and C is less than rupees one lakh.
This is so because only Junior Civil Judge Court is located at A. If the total value of the
entire property is more than rupees one lakh the suit cannot be filed at A. The suit can
be filed at B,, or at C where Senior Civil Judge are located. It is clear from the wording
of Section 17 of Civil Procedure Code which runs as follows :

Suits for immovable property situate within jurisdiction of different courts:- Where a suit
is to obtain relief respecting, or compensation for wrong to, immovable property situate
within the jurisdiction of different courts, the suit may be instituted in any court within the
local limits of whose jurisdiction any portion of the property is situate:

Provided that, in respect of the value of the subject-matter of the suit, the entire claim is
cognizable by such court. '

4. Suits for compensation for wrongs to persons or movables:-- As far as suits relating
to immovable properties and the relief is by way of compensation, suit can be filed at
two places
(1) where the defendant resides or

(2) where the wrong was done to the movables. The same will apply to the suits for
compensation for wrongs to persons. Section 19 of Civil Procedure Code reads as
under:

Suits for compensation for wrongs to person or movables: Where a suit is for
compensation for :\Tong done to the person or to movable property, if the wrong was
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
of another court, the suit may be institute at the option of the plaintiff in either of the said
courts.

To put it differently, this section corresponds to suits for damages or compensation in

relation to persons or movable property. Suits involving tortious liability are covered by
this section. We are aware that Tort is a civil wrong for which the relief lies by way of
claiming unliquidated damages. Nuisance, negligence, defamation, accident, trespass
etc. come under tortious liability. In such cases the two options where to file the suit are
where the defendant resides or carries on business or work for gain or where the
tortious act takes place. It is for the plaintiff to choose either of those places. Of course,
this section is also subjected to pecuniary jurisdiction.

5. Filing of suits in other cases:- As far as other suits not covered under Sections 16, 17
and 19 of Civil Procedure Code, the suits have to be filed where the defendant resides
or cause of action wholly or in part arises. Money suits are the best example to
understand the position easily. 'A' borrowed Rs. 20,000/- from 'B'. 'A' resides at Guntur
and 'B' resides at Mangalagiri. Pronote was executed at Mangalagiri. 'B' can file a suit
against 'A' for recovery of amount either at Mangalagiri or at Guntur. Ifthe amount
borrowed is above rupees one lakh, the suit should be filed only at sub-court, Guntur..
There is one more thing to be kept in mind which is very important. The word 'where
defendant resides' means, where he actually resides at the time of filing of the suit. For
example, 'A' and 'B' are residents of Guntur. 'A' borrowed some amount from 'B' at
Guntur. Subsequently, 'A' shifted his family to Nellore. 'B' shifted his family to
Hyderabad. 'B' can institute a suit against 'A' at Guntur or at Nellore. Section 20 of Civil
Procedure Code is as under:
Other suits to be instituted where the defendant resides or cause of action
arises:- Subject to the limitations aforesaid, every suit shall be instituted in a court within
the local limits of whose jurisdiction-
(a) the defendant, or each of the defendants where there are more than one, at the time
of the commencement of the suit, actually and voluntarily resides, or carries on
business, or personally works for gain; or
(b) any of the defendants, where there are more than one, at the time of the
commencement of the suit, actually and voluntarily resides, or carries on business or
personally works for gain, provided that in such case either the leave of the court is
given, or the defendants who do not reside, or carry on business, or personally works
for gain, as aforesaid, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.

Explanation:- A Corporation shall be deemed to carry on business at its sole or principal

office in India or in respect of any cause 0 action arising at any place where it has also a
subordinate office, at such place.

A reading of Clause (a) and (b) requires some careful examination.

Where there is only one defei1dant, there is no problem. But where there are more
defendants than one, where to file the suit? In such a case, different suits have to be
filed where each of the defendant resides. Such a thing is not advisable because it is a
very costly affair that leads to conflicting judgments. The only alternative is to file a suit
where cause of action for the suit arises. This is the best suitable method. Even if there
are ten defendants and are residing at 10 different places, a single suit can be filed
against all of them where the cause of action arises.

But in some cases, the place where cause of action arises may be far away from where
the plaintiff resides. One of the defendants may be residing very close to the plaintiff. In
such a case, what is the option for the plaintiff? Clause (b) of Section 20 gives the
answer. In such a case, the plaintiff can file a single suit where anyone of the
defendants resides. But either the other defendants should not oppose the same or the
court must give pem1ission to the plaintiff for so instituting the suit.

Finally a few words about cause of action. Cause of action is not an isolated one, nor a
single instance. A number of circumstances and instances constitute cause of action.
That means cause of action may arise at more than one place. That is to say arise
wholly or in part. It is clear from Clause (c) of Section 20, that suits covered under
Section 20 can be filed where cause of action arises wholly or in part. Promissory note
transferred for valid consideration is best example.
So far we have discussed in detail various aspects regarding place of suing.

The whole discussion may be summarized as under:

1) Regarding suits relating to immovable property, place of cause of action is
immaterial. Place of residence of defendants and plaintiff is immaterial. Where the
property is situate, there the suit should be filed. This is the most fundamental principle.

2) Where the immovable property is situated at different places and within the territorial
jurisdiction of different Courts, there also place of cause of action is immaterial. Place of
residence of plaintiff or defendant is also immaterial. Suit can be filed where any portion
of the immovable property situates.

3) As far as suits regarding compensation for wrong to immovable property held by

defendant, the place of residence of plaintiff is immaterial. Suits can be filed where the
defendant resides, or wrong was done in relation to immovable property.

4) In case of suits involving tortious liability claiming compensation for wrongs to person
or movables, the place of residence of plaintiff is immaterial. The suit can be filed where
the defendant resides or where the wrong was done to the person or movable property
(cause of action).

5) Regarding other suits, the place of residence of plaintiff is immaterial. Suits can be
filed where the defendant resides or cause of action arose wholly or in part. Where
there are more than one defendant, and are residing at different places, different suits
have to be filed at different places where defendants reside. As it is very costly and not
convenient, suit can be filed where anyone of the defendants resides, with the leave of
the court or if the other defendants do not object.

6) All the above suits are subjected to pecuniary jurisdiction of the Court.
If we carefully observe, in all cases, the place of residence or where the plaintiff is
residing is immaterial. No suit can be filed exclusively on the basis of place of residence
of plaintiff. The reason is obvious. Plaintiff is the person who files the suit and drags the
defendant to court. If he is allowed to file the suit as he pleases, he may take advantage
of it and may harass the defendant by simply filing suits within the local jurisdiction of
court where he resides.

By now it is clear where to institute a suit. Next question is who are the parties to the
suit. In other Words, who can file a suit and against whom.

Jurisdiction of Civil Court Under Civil Procedure Code:

Jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the
practical authority granted to a formally constituted legal body or to a political leader to
deal with and make pronouncements on legal matters and, by implication, to administer
justice within a defined area of responsibility. The term is also used to denote the
geographical area or subject-matter to which such authority applies.

Analysis of Order 33 of the Civil Procedure Code. 1908:

The notion of justice evokes the rule of law and it refers to the resolution of conflicts by
institutions that make laws and by those that enforce it. Justice implies fairness and the
implicit recognition of the principle of equability.

Caveat Petition:
(Section 148A of the Civil Procedure Code, 1908) A Caveat is a Latin term which
means, 'let a person beware' originated in the mid 16th century. In law, it may be
understood as a notice, especially in probate, that certain actions may not be taken
without informing the person who gave the notice. It may simply be understood as a
warning. In the Civil Procedure Code of 1908 (hereinafter, the Code) it was inserted
under section 148A by the recommendations of the Law Commission of India's 54th
Report and was inserted by the CPC (Amendment) Act 104 of 1976.

Institution of Suit and its Essentials:

The basic aim of a legal system of a country is to impose duty to respect the legal rights
conferred upon the members of the society. The person making a breach of that duty is
said to have done the wrongful act.

Order 37, CPC, Summary Suits:

Civil litigation, especially recovery suits generally termed to be a long drawn battle and
regarded as something best avoided, is not so. The general belief that by filing a
recovery Suit against a Debtor will go on for years at large, is not so, if one knows the
real scope of Order 37 of the Civil Procedure Code, 1908.

Restitution W.r.t. to Civil Procedure Code 1908:

The expression restitution has not been defined in the code, but it is “an act of restoring
a thing to its proper owner.” Restitution means restoring of anything unjustly taken from
another. It provides for putting a party in possession of land, tenement or property, who
had been unlawfully dispossessed, deprived or disseised of it.

Delay defeats Justice: A study of provisions of Civil Procedure Code and Limitation Act:
In the system of justice provision, it is very important that a person gets justice and on
time. Indian legal mechanism is particularly infamous for this particular aspect of delay
in justice provision which ultimately defeats if not fully, atleast partially the purpose of
the whole trial
Mediation in Civil Proceedings:
In civil proceedings, the Court must refer the parties for mediation on appropriate stage.
The success of any of the modes of Alternative Dispute Resolution mechanism is
subject to the selection of appropriate cases and its reference on suitable stage.

Jurisdiction of Civil Court and Place of Suing:

The fundamental principle of English Law that wherever there is a right, there is a
remedy, has been adopted by the Indian legal system. It means, whenever the rights of
a person is infringed or curtailed or the person is stopped by anyone in enjoying the
rights so guaranteed to him, there must be some judicial forum having authority to
adjudicate on the matter and the rights so guaranteed should be restored or
compensated as per the case.

Attachment of Property Under Execution Proceedings:

Every civil suit is accompanied by three stages which starts from the initiation or
institution of suit, adjudication of suit and finally the implementation of the litigation. The
implementation of the litigation is the step in which the results of the adjudication are put
into action, hence this stage is known as the execution.

Res Judicata in India:

Res Judicata is a phrase which has been evolved from a Latin maxim, which stand for
‘the thing has been judged', meaning there by that the issue before the court has
already been decided by another court, between the same parties. Therefore, the court
will dismiss the case before it as being useless. Res Judicata as a concept is applicable
both in case of Civil as well as Criminal legal system.

Reference, Revision And Review:

In India, there are three tiers Judiciary i.e. District Courts, High Courts and hon’ble
Supreme Court of India. The appeal, review and revision lies in all the three Courts
depending on which Court’s Order is being challenged.

Judgment - Decree in India - Court Order:

The judgment forms the concluding part of the civil suit and it determines the rights and
liabilities of the parties. Basically judgment is followed by a decree which is its operating
part.

Award of cost under Code of Civil Procedure:

According to Black’s Law Dictionary “costs is a pecuniary allowance made to the
successful party for his expenses in prosecuting or defending a suit or a distinct
proceeding with a suit”.
Development of Adalat System during the time of Warren Hastings:
Warren Hastings hence proceeded to make major changes in the administration of
justice. This paper work views the various reforms made by Warren Hastings during his
time in India. This administration of justice maybe studied in four stages.

Miscellaneous Proceedings:
The judicial system in the country is almost on the verge of collapse. Our judicial system
is creaking under the weight of arrears.

Suits by indigent person:

Order XXXIII relates to be filled by the 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.

Condonation of Delay and Law of limitation:

Law of limitation- The Code of Civil Procedure confers a right to appeal, but does not
prescribe a period of limitation for filing an appeal. The Limitation Act, 1963, however,
provides the period of filing up appeals. It states that the appeals against a decree or
order can be filed in a High Court within ninety days and in any other court in thirty days
from the date of the decree or order appealed against.

Amendment to Pleadings and the approach of the Judiciary:

Order VI Rule 17 reads as under - Amendment of pleadings - The Court may at any
stage of the proceedings allow either party to alter or amend his pleadings in such
manner and on such terms as may be just, and all such amendments shall be made as
may be necessary for the purpose of determining the real questions in controversy
between the parties

Inherent Power of the Court to Grant Restitution:

The Expression restitution has not been defined in the Code of Civil Procedure, but it is
an act of restoring a thing to its proper owner. In other words, restitution means
restoring to a party the benefit which the other party has received under a decree
subsequently held to be wrong.

Power of Indian courts to issue Garnishee Order:

The word 'Garnish' is derived from an old French word 'garnir' which means to warn or
to prepare . It is to serve an heir with notice i.e. to warn of certain debts that must be
paid before the person is entitled to receive property as an heir.
Understanding of the term Decree, Order, Judgment and Mesne Profit:
A decree is preliminary when further proceedings have to be taken before the suit can
be completely disposed of. It is final when such adjudications completely disposes of
the suit. It may be partly preliminary and partly final.

Compromise Decree: A Detailed Overview:

Compromise of suit: Where it is proved to the satisfaction of the court that a suit has
been adjusted wholly or in part by any lawful agreement or compromise, in writing and
signed by the parties or where the defendant satisfies the plaintiff in respect of the
whole or any part of the subject-matter of the suit.

Res Sub Judice, Res Judicata and Constructive Res Judicata:

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

Power of Indian courts to issue Garnishee Order:

Garnishee means a judgment-debtor's debtor . He is a person or institution that is
indebted to another whose property has been subject to garnishment. He is a person
who is liable to pay a debt to a judgment debtor or to deliver any movable property to
him.

Whether Caveat Application is legally permissible to be filed under section 148(a) of

CPC:
Whether in a criminal proceeding a Caveat Application is legally permissible to be filed
as provided under section 148 (a) of the code of civil procedure, 1908?

Section 89 of CPC- A Critical Analysis:

In every civilized society there are two sets of laws that govern the lives of citizens– (i)
substantive laws and (ii) procedural laws. While the substantive laws determine the
rights and obligations of citizens, procedural laws provide for the framework for
enforcement of the same.

Section 151 CPC, Discretionary powers a Judge:

The scope of Section 151 CPC has been explained by the Supreme Court in the case
K.K. Velusamy v. N. Palanisamy

Compromise Decree: A Detailed Overview:

Decree means the formal expression of an adjudication which, so far as regards the
Court expressing it, conclusively determines the rights of the parties with regard to all or
any of the matters in controversy in the suit.

Procedure to Investigate suits by or against Government:

Section 79 to 82 and Order XXVII of the Civil Procedure Code, 1908 deal with
procedure for investigation of suits by or against the government and public officers.

Salem Advocates Bar Association v. Union of India:

The present case Salem Advocate Bar Association v. Union of India is basically an
aftermath of the original case Salem Advocates Bar Association, Tamil Nadu. v. Union
of India.

Necessary Party And Proper Party in CPC

Inherent Jurisdiction of Civil Courts in India:

Jurisdiction means the power and authority conferred by law upon a court, judge or
tribunal to decide the disputes and make judgments/orders authorised by law.

Legality of Foreign Judgments:

Binding nature of the foreign judgments i.e. judgments given by the courts in foreign
countries and the scope and object of section 13 of C.P.C.

An analysis on Order XII Rule 6 of C.P.C, 1908:

In case of Dinesh Kumar Singhania v. Calcutta Stock Exchange Association Limited the
Court observed that- From a perusal of the provisions under Order XII Rule 6 of the
Code, it appears that the scope of the rule is that in a case where admission of fact has
been made by either of the parties in pleadings whether orally or in writing, or otherwise,
the judgment to the extent of admission can be given by the Court on its own motion or
on the application of any party.

Award of Cost
The scope of the research is to analyze the Section 35,35A and 35B Order 20 and to
see at what different stages the cost can be awarded. Thus the scope of this research is
limited to Section 35 of Civil Procedure Code.
Scope of Mamlatdar Court Act,1906:
This article gives a clear description of the scope and object of Mamlatdar court act and
jurisdiction of the court as well as functions and power of Mamlatdar Court

Withdrawal and Transfer of Suits:

Constitution has established institutions to take care of any disputes that arise in the
society; one such institution is the Code of Civil Procedure, 1908. Civil procedure is the
set of directions that one must follow when they turn towards the justice system in order
to settle a dispute that is not criminal in nature.

Non-joinder of Parties in Civil Suits:

The presence of opposing parties is one of the essential requirements of any civil suit.
But all parties are not necessary for the suit to be adjudicated upon. Therefore,
necessary and non-necessary parties have to be distinguished between.

Framing of Issues:
When one party affirms and other party denies a material proposition of fact or law, then
only issues arise. If there is no specific denial, the question of framing issue does not,
generally, arise. Material propositions are those propositions of law or fact.

Privileged Documents under CPC An analytical insight:

A privilege may not be a right, but, under the constitution of the country, I do not gather
that any broad distinction is drawn between the rights and the privileges that were
enjoyed and that were taken away.

The Inherent Powers of the Court

The abuse of the process of the court must be prevented by court as an inherent duty of
the court. The Code of Civil Procedure is not exhaustive.

Summoning of Defendant:
As per section 27 of the CPC, if the suit is properly instituted then the court may issue
summons to defendant to appear and answer the claim in the manner as prescribed.

Lok Adalats And Permanent Lok Adalats:

ADR has been an integral part of our historical past. Like the zero, the concept of Lok
Adalat (Peoples' Court) is an innovative Indian contribution to the world jurisprudence.

Legislation & Common Law : Indian Legal System:

Legislation, also known as statutory law, is the basic structure of present legal system of
India. Statutory laws are based on the statutes enacted and imposed by the legislature.
A statute is a formal act of the Legislature in written form.
Limitations in CPC-Execution of Foreign Judgments in India:
Limitations in The Civil Procedure Code With Respect to Execution of Foreign
Judgments in India

Cross Examination In Case of Injunction Suits - CPC:

Cross Examination In Case of Injunction Suits, Injunctions are governed by Sections 37,
38, 39 to Section 42 of Specific Relief Act.

Judicial System Before 1947

The British ruled India for a period of almost about 190 years. Yet, the English set up a
poor copy of the British judicial system as Indian judicial system.

Privileges and Immunities In Suits of The State

Every problem has its own remedy. For the purpose of actions of the administration,
these remedies help in preventing the recurrence the extraordinary legal remedies that
is available to the individual against the illegal of an illegality.

For filing a civil case or civil law suit, there is a detailed process laid down, if the process
is not followed, then the registry has a right to dismiss the suit. The Procedure is as
follows:

Filing of Suit/Plaint - Plaint is the written complaint or allegation. One who files it is
known as "Plaintiff" and against whom it is filed is known as "Defendant". It contains
Name of the Court, Nature of Complaint, Names and Address of parties to be suit, it
also contain verification from plaintiff, stating that, contents of the plaint are true and
correct

Vakalatnama- Vakalatnama is a written document, by which the person/party filing the

case authorises the Advocate/Lawyer to represent on their behalf. However a
person/party filing a case, May also represent their own case personally in any court
and in this case he do not need Vakalatnama"

On General Terms, a Vakalatnama may contain below terms:

The client will not hold the Advocate responsible for any decision

The client will bear all the costs and/expenses incurred during the proceedings

The advocate will have right to retain the documents, unless complete fees are paid

The client is free to disengage the Advocate at any stage of the Proceedings
The Advocate shall have all the right to take decisions on his own in the court of Law,
during the hearing, to the best interest of client

Filing -Filing of plaint before Chief Ministerial Officer [Sherestedar)–paying appropriate

court fee & process fees,different amount of court fees is paid for different type of
documents.

Hearing: How Proceedings are conducted - On the first day of hearing, if the court
thinks there are merits in the case, it will issue notice to the opposite party, to submit
their arguments, and fix a date. When the notice is issued to the opposite party, the
plaintiff is needed to do the following:

File requisite amount of procedure - fee in the court.

File 2 copies of plaint for each defendant in the court.

Of, the 2 copies for each defendant, one shall be sent by Register/post/courier, and one
by Ordinary post.

Such filing should be done within 7 days, from date of order/notice.

Written Statement -

When the notice has been issued to the respondent, he is required to appear on the
date specified in the notice

Before such date, the respondent is required to record his written statement i.e. his
barrier against the claim raised by offended party, inside 30 days from date of
administration of notice, or inside such time as given by court

The written statement should specifically deny the allegations, which defendant thinks
are false. Any allegation not specifically denied is deemed to be admitted

The written statement should also contain verification from the Defendant, stating that,
the contents of written statement are true and correct

The time period of 30 days, for filing a Written Statement, but after seeking permission
of the court it can be extended to 90 days

Replication by Plaintiff - Replication is a reply, filed by the plaintiff, against the "written
statement" of Defendant and it should also specifically deny the allegations raised by
the Defendant in written statement. Anything which is not denied is deemed to be
accepted.Once Replication is filed, pleadings are stated to be complete.

Filing of Other Documents - Once, the pleadings are complete, and then both the
parties are given opportunity to produce and file documents, on which they rely, and to
substantiate their claims. Filing of Documents should be admitted and taken on record.
In brief the procedure is as follows:

Documents filed by one party may or may not be admitted by opposite party

In case documents are denied by opposite party, then they can be admitted by the
witness presented by party whose documents are denied

Once the document has been admitted it shall form a part of the record of court, and all
the details of suit such as name of parties, title of suit etc, shall be inscribed on the
document

Documents, which are rejected i.e. not admitted, are returned to the respective parties.

It is necessary that document should be filed in "original", and a spare copy should be
given to the opposite party.

Framing of Issues – Issues are framed by the Court and on the basis of “Issues”
arguments and examinations of witness takes place. Below are the key points:

Issues are framed, keeping in view the disputes in the suit, and the parties are not
allowed to go outside the purview of "Issues"

Issues may be of: Fact or Law

At the time of passing final order, the court will deal with each issue separately, and will
pass judgements on each issue

List of witness - 

All witness, the parties wish to produce, and to be examined, has to be presented
before the court

Within 15 days from the date on which issues were framed or within such other period
as the court may fix, both the parties to the suit will have  file a list of witness

The parties may either call the witness by themselves, or can ask the court to send
summons to them

In case court send summons to witness then the party which asked for such witness
has to deposit money ' with the Court for their expenses, is known as "Diet Money"

Any witness, who is not appeared before the court, if he is required by the court to do
so, then the court may penalize in terms of fine

Finally on the date, the witness will be examined by both the parties
Once, the Examination and Cross- Examination of witness is over, and also the
admission and denial of documents, then the court will fix a date for final hearing.

Final Hearing - 

On final hearing day, the arguments will take place

The arguments should strictly be restricted to the issues framed

Before the final Arguments, the parties with the permission of Court can amend their
pleadings

The court may refuse to listen for anything which is not contained in the pleadings

Finally, the court will pass a "final Order", either on the day of hearing itself, or some
other day which will fixed by the court.

Certified copy of order- It is the final order of court, and having the seal and stamp of
court. It is useful, in case of Appeal or in case of execution of the order.

Appeal, Reference and Review - When an order is passed against a party to the suit, it
is not that it has no further remedy. Such party can further initiate the proceedings, by
way of:

Appeal,

Reference, or

Review

Appeal - An appeal lies from any decree passed by the court. There are some
technicalities and difference between these stated as follows:

Where the value of suit does not exceed Rs. 10,000, an appeal can be filed only on a
question of law

When a decree has been passed against the Defendant as "Ex-Parte" (i.e. without his
appearance) no appeal is allowed

When an appeal is headed by two or more judges, then the majority decision will be
prevailed

In case there is no majority, then the decree of lower court shall be confirmed

If  number of judges in the court where appeal is filed, is more than the number of
judges hearing the appeal, and then if there is a disagreement on a point of law, such
dispute can be referred to one or more judges
Procedure for appeal from original decrees

The appeal has to be filed in the form prescribed, signed by the appellant, along with a
true certified copy of the order

The appeal should contain the grounds of objection under distinct heads, and such
grounds has to be numbered consecutively

If the appeal is against a decree for payment of money, the court may require the
petitioner to deposit the disputed amount or provide any other security

A ground/objection which has not been mentioned in the appeal, cannot be taken up for
arguments, without the permission of court

Similarly any point of act which was not taken up y the Appellant, in lower court, cannot
be taken up in appeal lies only against only those points which have been decided by
the court rightly or wrongly

2.7  Order of operations

When more than one operator appears in an expression, the order of evaluation
depends on the rules of precedence. For mathematical operators, Python follows
mathematical convention. The acronym PEMDAS is a useful way to remember the
rules:
 Parentheses have the highest precedence and can be used to force an
expression to evaluate in the order you want. Since expressions in parentheses
are evaluated first, 2 * (3-1) is 4, and (1+1)**(5-2) is 8. You can also use
parentheses to make an expression easier to read, as in (minute * 100) / 60,
even if it doesn’t change the result.
 Exponentiation has the next highest precedence, so 2**1+1 is 3, not 4,
and 3*1**3 is 3, not 27.
 Multiplication and Division have the same precedence, which is higher
than Addition and Subtraction, which also have the same precedence. So 2*3-
1 is 5, not 4, and 6+4/2 is 8, not 5.
 Operators with the same precedence are evaluated from left to right (except
exponentiation). So in the expression degrees / 2 * pi, the division happens first
and the result is multiplied by pi. To divide by 2 π, you can use parentheses or
write degrees / 2 / pi.