Very Short Questions CrPC

1. Legal Representative.
As per Section 2(11) of the C.P.C, a legal representative is a person in law who represents
the estate of a deceased person. This includes anyone who interferes with the estate of a
deceased person, as well as the person to whom the estate devolves upon the death of
the party. This person is also capable of suing or being sued in a representative capacity.
This definition is inclusive and broad in scope; it encompasses legal heirs and individuals
who may or may not be heirs but are eligible to inherit and represent the deceased's
estate. In other words, it refers to all individuals and heirs who hold assets but do not
own them, such as an executor or administrator of an estate or a court-appointed
guardian of a minor or incompetent person. A legal representative is a person who acts
in the place of another and represents their interests. A person who is in charge of
another's legal affairs. All of these people are covered by the legal representatives'
expression. The deceased's estate may be represented by anyone in good faith who is
not involved in any fraud or collusion.

2. Foreign Judgement.
Section 2(6) of the Code of Civil Procedure, 1908 (CPC) defines a foreign judgement as a
judgement of a foreign court. A foreign court is defined by Section 2(5) of the CPC as a court
situated outside India and not established or continued by the authority of the Central
Government. CPC dictates the procedure for the enforcement of foreign judgements in India
and requires the judgement or decree passed by the foreign court to be conclusive in nature and
it should have been decided on the merits of the case by a court of competent jurisdiction.
Section 13 of the CPC underlies the principle of res judicata and any judgement passed by a
foreign court can be enforced in India and will act as res judicata between the subject parties.

Nature and Scope of Foreign Judgments

Section 13 embodies the principle of res judicata in foreign judgments. It
embodies the principle of Private International law that a judgment delivered by
a foreign court of competent jurisdiction can be executed and enforced in India.

3. Decree.

"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 and may be either preliminary or
final.
Essentials elements of a Decree
The decree is a decision of the court. For any decision of the court to be a
decree,  the following essential elements are required:

 There must be an adjudication.

 The adjudication should be done in a suit.
 It must determine the rights of parties regarding the matter in dispute.
 The determination of the right should be of conclusive nature.
 There must be a formal expression of such adjudication.

4. Equitable Set off.

 The concept of equitable set off comes from “equity, justice, good
conscience”. The equitable set off is not provided in the Code of Civil
Procedure, 1908.
 It is an independent provision.
 The equitable set off is given at the discretion of the court.
 The plea raised by the defendant is not a matter of right of the defendant
but it is a matter of discretion of the court.
 In equitable set off court fees may or may not be paid.
For instance, in a suit by the bank, when the defendant filed for a counter
claim as there was a delay in sanctioning the loan by the bank due to which
he had suffered losses; the court cleared that such a claim of the defendant
was not a counter claim but an equitable set off.

5. Effect of fraud on period of limitation.

(1) Where, in the case of any suit or application for which a period of limitation is prescribed
by this Act,—
(a) the suit or application is based upon the fraud of the defendant or respondent or his
agent; or
(b) the knowledge of the right or title on which a suit or application is founded is concealed
by the fraud of any such person as aforesaid; or
(c) the suit or application is for relief from the consequences of a mistake; or
(d) where any document necessary to establish the right of the plaintiff or applicant has
been fraudulently concealed from him, the period of limitation shall not begin to run until
plaintiff or applicant has discovered the fraud or the mistake or could, with reasonable
diligence, have discovered it; or in the case of a concealed document, until the plaintiff or
the applicant first had the means of producing the concealed document or compelling its
production: Provided that nothing in this section shall enable any suit to be instituted or
application to be made to recover or enforce any charge against, or set aside any
transaction affecting, any property which—
(i) in the case of fraud, 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
(ii) in the case of mistake, 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
(iii) in the case of a concealed document, 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 the document had been concealed.
(2) Where a judgment-debtor has, by fraud or force, prevented the execution of a decree or
order within the period of limitation, the court may, on the application of the judgment-
creditor made after the expiry of the said period extend the period for execution of the
decree or order: Provided that such application is made within one year from the date of
the discovery of the fraud or the cessation of force, as the case may be.
6. Plaint

A plaint is a legal document which contains the written statement of the plaintiff’s
claim. A plaint is the first step towards the initiation of a suit. It can be said to be a
statement of claim, a document, by the presentation of which the suit is instituted.
However, the expression “plaint”  has not been defined in the code. It is a pleading
of the plaintiff.
                         In plaint, the plaintiff should alleged facts about his cause of action.
A plaint which is presented to a civil court of appropriate jurisdiction contains
everything, including facts to relief that the plaintiff expects to obtain.

Necessary Contents of A Plaint

A plaint is a legal document that contains a lot of necessary contents in the
absence of which, it cannot be considered as a plaint. The contents necessary
for a plaint are mentioned in Rules 1 to 8 of Order VII of CPC. These are
mentioned below:

 Plaint should contain the name of the commercial or civil court where a
suit will be initiated. 
  Plaint should contain details of the plaintiff such as the name, address,
and description. 
 Plaint should contain the name, residence, and description of the
defendant. 
 When a plaintiff has some defects or problems in health or any type of
disability, the Plaint should contain a statement of these effects. 
 Plaint should contain the facts due to which cause of action arises and
where the cause of action arises it should also be mentioned. 
 Plaint should not only mention facts due to which cause of action arises
but also those facts which help in recognizing the jurisdiction. 
 Plaint should also contain about that relief which the plaintiff seeks
from the court. 
 When the plaintiff is ready to set off a portion of his claim, the Plaint
should contain that amount which has been so allowed.  
 Plaint should contain a statement of the value of the subject-matter of
suit not only for the purpose of jurisdiction but also for the purpose of
court-fees. 
 At last, the content that should be on plaint is the plaintiff verification
on oath. 
7. Promissory Note
A promissory note is a legal, financial tool declared by a party, promising another party to pay the
debt on a particular day. It is a written agreement signed by drawer with a promise to pay the money
on a specific date or whenever demanded.

This note is a short-term credit tool which is not related to any currency note or banknote.

Types of Promissory Notes

Depending upon the kind of promissory loan, notes are of different types. Few are mentioned below.

 Personal Promissory Notes – This is a particular loan taken from family or friends. Though
people avoid legal writings when seeking a loan from close contact, the promissory note
shows belief and trust in the interest of the borrower.
 Commercial – Here, the note is made when dealing with commercial lenders such as banks.
Most of the commercial promissory agreement is similar to personal notes.
 Real Estate – This is similar to commercial notes in terms of nonpayment consequences. If
the borrower becomes a defaulter, then the party has the right to keep the property until the
debt is cleared. It is a little risky as all the essential details become public, which can hinder
the borrower’s credit history in the future.
  Investments – The promissory note is occasionally used to raise funds for the business. It is
used as a security purpose and managed by securities laws. It includes terms and conditions
related to returns of investment.

Features of Promissory Note

 Printed/Written Agreement – A promissory should be in writing, and an oral promise to pay
money is not accepted.
 Pay Defined Amount – It is a promise to pay the money on a particular time or when
demanded. The mentioned amount can neither be added or subtracted.
 Signed Documents – The document is duly signed and drawn by the drawer and stamped.
 Unconditional Promise – The promise to pay a certain amount of money must be absolute in
all cases. In such notes, a conditional guarantee is not accepted.
 Legal Composition – All the payment should be made in the nation’s legal currency.
 Detailed Information – The note has all the required information including the name of the
drawer and payee, date of maturity, terms of repayment, issue date, name of the drawee,
name, and signature of the drawer, principal amount, and the rate of interest, etc.

8. Revision
Revision means to go through something carefully, thoroughly and diligently.
Cases can be revised by the High Court as it possesses revisional jurisdiction as
defined under Section 115 of the Code of Civil Procedure. The High Court has
the right to revise cases decided by subordinate courts to ensure delivery of
justice and maintenance of fairness.

Nature, Scope and Object

The primary objective of a revisional authority of the High Court empowered
by Section 115 is to ensure that no subordinate court acts arbitrarily, illegally,
capriciously, irregularly or exceeds its jurisdiction; and allows the High Court to
guarantee the delivery of justice while ensuring that the proceedings are
conducted in accordance with the rule of law and furtherance of fairness. It
must be noted that the judges of subordinate courts have the absolute authority
to decide on cases. They do not commit any “jurisdictional error” even when
they wrongfully or extra-judicially decide a case. The High Court has the power
to revise these jurisdictional errors committed by subordinate courts. This
provides an opportunity to any aggrieved party to rectify a non-appealable
order by a subordinate court.

The High Court can revise any case by a subordinate court in which no appeal
lies when:
 1. The subordinate court has exercised jurisdiction not vested in it by law.
2. The subordinate court has failed to exercise jurisdiction vested in it by
law.
3. The subordinate court exercises its jurisdiction illegally or with material
irregularity or in breach of some provision of the law or by committing
some errors of procedure in the course of the trial which may have
affected the ultimate decision.

9. Movable Property.
As per ‘The Transfer of Property Act, 1882’ & ‘The General Clauses Act’,
1897 anything that is not immovable is movable property.  However, under
section 2 (9) of THE REGISTRATION ACT, 1908; movable property is defined as
under: –  

“Movable Property” includes standing timber, growing crops and grass, fruit
upon and juice in trees, and property of every other description, except
immovable property;”

Judicial analysis of the issue was made in Sukrey Kurdeppa vs.

Nagireddi,  wherein Mr. Justice Holloway said: “Movability may be defined to
be a capacity in a thing of suffering alteration in the relation to a place;
immovability incapacity for such alteration.”

10. Decree Holder.

The term ‘decree holder’ defined in Section 2(3) CPC takes in persons whose names appear on the
record as the persons in whose favour the decree was made. It includes persons who have been
recognized by the court by order as the decree holder from the original plaintiff or his representative.

The sum and substance of the legal principles to be borne in mind regarding the terms ‘decree holder’
and ‘holder of a decree’ can be stated like this. The term ‘decree holder’ denotes a person

(i) in whose favour a decree has been passed

(ii) in whose favour an order capable of execution has been passed and

(iii) whose name appears in the decree, either as plaintiff or defendant, and the following conditions are
satisfied:

(a) the decree must be one capable of execution and

(b) the said person, by the terms of the decree itself or from its nature, should be legally entitled to seek
its execution.

11. Estoppel.
Dealt from Section 115 to 117 of the Indian Evidence Act, 1872 Doctrine of
Estoppel is that provision which prohibits a person from giving false evidence by
preventing them from making contradicting statements in a Court of Law. The
objective of this doctrine is to avert the commission of fraud by one person
against another person. This doctrine holds a person accountable for false
representations made by him, either through his words or through his conduct.  

Section 115 of the Indian Evidence Act, 1872 incorporates the meaning of
estoppel as when one person either by his act or omission, or by declaration,
has made another person believe something to be true and persuaded that
person to act upon it, then in no case can he or his representative deny the
truth of that thing later in the suit or in the proceedings. In simple words,
estoppel means one cannot contradict, deny or declare to be false the previous
statement made by him in the Court.

Principles of Estoppel: - Conditions for application of Doctrine of

Estoppel

 The representation must be made by one person to another person.

 The representation made must be as to facts and not as to the law.
 The representation must be made as to an existing fact.
 The representation must be made in a manner which makes the other
person believe that it is true.
 The person to whom the representation is being made must act upon
that belief.
 The person to whom the representation would be made should suffer a
loss by such representation. 

12. Caveat.
To know when to lodge a caveat or what to do when a caveat against you is
lodged, it is important to understand caveat and its implications. In simple
words, a caveat is a right given to a person in civil proceedings to avoid ex-
parte orders or judgments. For example, X is the owner of the land and he
wants to build a house on the same land, for which he even got permission from
the municipality. However, Mr. Y, a neighbour of X, is not happy with his
decision and claims that a part of the land where the construction is going to be
done belongs to him. Now Mr. X being a wise man anticipates that Y may file an
application. Thus he files a caveat against Y in a competent suit, praying the
court to give him a notice when any such application is made by Y. Lodging of
such caveat made X entitled to be informed by the court as well as Mr. Y about
any application that is made or is about to be made and any order passed by
the court without giving such a notice would be void.

The caveat in Latin means “let a person be aware” and in law, it may be
understood as a notice given asking not to act in a certain manner without
informing the person who gave such a notice. Under the Civil Procedure Court,
the provision of caveat is dealt with in Section 148A. Even Though CPC does not
define caveat in the case of Nirmal Chand v. Girindra Narayan, the court defined
caveat as a warning given by an individual to the court that no order or
judgment shall be passed without giving notice or without hearing the caveator.
The person who files a caveat is called the Caveator and the person who has
instituted a suit or is likely to do so is called caveatee. The main object of
caveat is to ensure that the court does not pass ex parte orders and that the
interests of the caveator are protected. Caveat also reduces the burden of court
and brings an end to the litigation as it reduces the multiplicity of proceedings.

13. Judgment Debtor

14. Define precepts.

(1) Upon the application of the decree-holder the court which passed the decree may,
whenever it thinks fit, issue a precept to any other Court which would be competent to
execute such decree to attach any property belonging to the judgment-debtor and
specified in the precept.

(2) The Court to whom a precept is sent shall proceed to attach the property in the
manner prescribed in regard to the attachment of property in execution of a decree:

Provided that no attachment under a precept shall continue for more than two months
unless the period of attachment is extended by an order of the court which passed the
decree or unless before the determination of such attachment the decree has been
transferred to the Court by which the attachment has been made and the decree-holder
has applied for an order for the sale of such property.

A precept is an order or direction given by one court to another, requiring some act to
be done. The rule governing the issue of precept is laid down in section 46. It provides
that the decree-holder may apply to the court which passed the decree to issue a
precept to that court within whose jurisdiction the property of the judgment-debtor is
lying to attach the property belonging to the judgment-debtor and specified in the
precept.

The court to which the precept is sent shall then proceed to attach the property in the
manner prescribed in regard to the attachment of property in execution of a decree. The
attachment under the precept shall not continue for more than two months unless the
period of attachment is extended by an order of the court which passed the decree or
the decree has been transferred, before the determination of such attachment, to the
court by which attachment has been made.

15. Suit of Civil Nature.

‘Civil Suit’ has not been explained in any act. Any suit that is not criminal in
nature can be termed as a suit of a civil nature. Any suit that pertains to
determination and implementation of civil rights may be defined as a civil suit.
In the case of Kehar Singh Nihal Singh Vs Custodian General, the court
elaborated the concept of Civil proceeding. It was defined as a grant of private
rights to individuals or corporations of society. The objective of the action is the
reward or recovery of private rights. In other words, the civil action may be
described as the proceeding between two parties for implementation or
redressal of private rights. 

Nature and scope

The expression ‘suit of civil nature’ will cover the private rights and obligations
of the citizens. The political and religious question is not covered by a suit of a
civil nature. A suit in which principal question is related to caste or religion is
not of a suit of a civil nature. But if the main question in a suit of civil nature
involves the decision relating to caste question or to religious rites and
ceremonies it does not terminate to be a suit of a civil nature. The court has
jurisdiction to decide those questions also, in order to decide the important
question which is of civil nature.
Explanation of doctrine
Each phrase and description assigns a duty on the court to apply jurisdiction for
the accomplishment of rights. No court can decline to examine if it is of the
information mentioned in Section 9 of the Code of Civil Procedure. The word
civil according to the dictionary suggests, associating to a citizen as an
individual. The word nature has been called the primary qualities of a person or
thing. The word civil nature is prevalent than the word civil proceeding. The
doctrine described the theory of the jurisdiction of civil courts under section 9 of
the Code of Civil Procedure in PMA Metropolitan Vs M.M. Marthoma the Supreme
Court observed that:

 The phrases used in section 9 has a positive and negative intent.

 The original part has a broader sense as it includes all the problems of
civil nature; on the other hand, the latter part has a wider sense as it
refuses the topic which is impliedly or expressly barred.
 The two reasons mentioned in Section 9 reveals the legislative
purposes.
 It designated duty on the court to perform the jurisdiction for the
implementation of private rights
 No court has the benefit to refuse the matter which introduces under
this section
 It is necessary to take the knowledge of matter because the word
“shall” is used, which means that it is a compulsory section.
In the case of  Shankar Narayanan Potti vs K. Sreedevi, the Supreme Court held
that the ‘Civil Court has primary jurisdiction in all types of civil matters as per
Section 9 of CPC unless the action is expressly or impliedly barred.” This means
that Legislature can defeat the jurisdiction of the civil court by adding a
provision or clause in any Act itself. In the case of Shri Panch Nagar Park vs
Purushottam Das it was held that if there are no specific terms in any statute
the court needs to look into design, plan and suitable provisions of the Act in
order to find implied dismissal of the jurisdiction of a civil court.

16. What is temporary Injunction?

In its essence, a temporary injunction is an interim remedy to maintain the

status quo of the parties with regards to the property in dispute during the
pendency of the case. The aim of temporary injunctions in the Indian law is to
protect a party to the suit against injury by violation of his right for which he
could not be adequately compensated in damages recoverable in the action if
the uncertainty were resolved in his favor at the trial. The aforementioned aim
was highlighted in the case of  M/S Gujarat Pottling Co. Ltd. & Ors v. The Coca
Cola Company & Ors. (1995).

Requirements for Temporary Injunctions

The case of Dalpat Kumar And Another v. Pralhad Singh And Others (1991) has
settled the three main requirements for granting a temporary injunction, they
are:

1. Prima Facie Case

A suit consists of a seriously disputed question. The facts in those questions
encourage the probability of entitlement to relief for the plaintiff or the
defendant. A prima facie case does not mean that the plaintiff or the defendant
come up with an irrefutable argument that will in all probability succeed in a
trial. It only means that the case they build for their injunction must be
meritorious enough, not to be rejected instantly.

2. Irreparable Loss
If an irreparable loss were to be incurred by an individual with regards to the
suit before his legal right is established in the trial, it would be a cause of grave
injustice. However, it must be noted that illustrations like frustration over a loss
of something with sentimental value will not be regarded as irreparable
damage. On the other hand, things that by nature can be remedied will be
considered to be irreparable damage if the court were to have no fair or
reasonable address. Very often an injury is irreparable where it is continuous
and repeated or where it is remediable at law only by a multiplicity of suits.
Sometimes, the term irreparable damage refers to the difficulty of measuring
the amount of damages inflicted. However, a mere difficulty in proving injury
does not establish irreparable injury.

3. Balance of convenience
The court needs to compare the case of parties, comparative mischief or
inconvenience which is likely to sue from withholding the injunction will be
greater than which is likely to arrive from granting it. 

When can a Temporary Injunction be rejected

The circumstances in which a temporary injunction is granted is governed by
Order 39, Rule 1 of the Code on Civil Procedure, 1908, which will be discussed
later. Thus, it becomes imperative to discuss the instances when a temporary
injunction can be rejected. This is highlighted in Section 41 of the Specific Relief
Act, 1963.

1. Restrain any person from prosecuting a judicial proceeding at the

institution of the suit, in which injunction is sought, unless restraint is
necessary to prevent multiplicity of proceedings.
2. To restrain any person from instituting or prosecuting any proceeding
in a Court not subordinate to that, from which injunction is sought.
3. To restrain any person from applying to any legislative body.
4. To restrain any person from instituting or prosecuting any proceeding
in a criminal matter.
5. To prevent the breach of a contract the performance of which could not
be specifically enforced.
6. To prevent on the ground of nuisance, an act of which it is not
reasonably clear that it will be a nuisance.
7. To prevent a continuing breach in which the plaintiff has acquiesced.
8. When equally efficacious relief can certainly be obtained by any other
usual mode of proceeding except in case of breach of trust.
9. When the conduct of the plaintiff or his agents has been such as to
disentitle him to the assistance of the court. 
10. When the plaintiff has no personal interest in the matter. 

17. Mesne Profit.

Section 2(12) of the Code of Civil Procedure, 1908 defines the term “mesne
profits”. The Delhi High Court in the notable case of Phiraya Lal Alias Piara Lal
vs Jia Rani And Anr (1973) interpreted the meaning of the term “mesne profit”
by observing that when a party claims damages to recover the loss resulted
from wrongful occupation of immovable property by a trespasser that originally
belonged to the party then such damages will be known as mesne profits. The
definition provided by Section 2(12) includes the exception of mesne profits
which is the profits obtained from the improvements made by the wrongful
possessor in the property will not fall under the ambit of mesne profits. The
three significant takeaways from Section 2(12) of the Code have been laid down
hereunder;

1. It is to note that the definition has attached importance to due

diligence for obtaining mesne profits. 
 2. Mesne profits can only be awarded if the property in concern was
unlawfully occupied thereby depriving the original owner of his rights. 
3. Interest is a fundamental part of mesne profits under Section 2(12). 
Order XX Rule 12 of the Code of Civil Procedure, 1908 lays down the provision
for the passing of the decree by a competent civil court where there exists a
suit for recovery of immovable property possession, rent, or mesne profits. Put
simply, a civil court while presenting the rights of the parties involved in a suit
concerning mesne profits, will rely on Rule 12 of Order XX. 

Calculation of mesne profit: all one needs to know 

After gaining an idea about mesne profits, it is now relevant to know as to how
mesne profits are calculated. The answer to this will be different from case to
case basis and as interpreted by the courts of law. If one goes by the provision,
it gets clear that there exists no fixed rule for assessing mesne profits.
Therefore, the scope for assessment of mesne profits has been left in the hands
of the courts. It is thus ideal to discuss this section of mesne profits by means
of case laws. 

M/S. Hindustan Motors Ltd. v. M/S. Seven Seas Leasing Ltd

(2018)
In this case, the appellate being a tenant of the concerned property which
commenced in 1986 and was terminated in 1998 had handed over the
concerned premise during the pendency of the suit for the same and mesne
profits in 1999. Taking into concern the facts of the case, the Delhi High Court
decided to calculate the mesne profits from the date of filing of the suit for the
premise (May 1998) to the date on which the concerned possession was
returned (August 1999). 

Square Four Assets Management & Reconstruction Co. P. Ltd.

v. Orient Beverages Ltd. & Ors. (2017)
The Calcutta High Court in this case while deciding the legislative intent behind
Order XX Rule 12 of the Code of 1908 observed that where the defendant, who
was the tenant to a plaintiff’s premise, had sub-leased the premise to a third
person who did not leave the premise even after the expiry of the term, the
mesne profit will be calculated taking into account the last date on which the
premise was vacated. Although the defendant had handed the premise on the
date of expiry (30th September 2015), the person whom it was sub-leased
vacated the premise on 25th May 2017. Therefore, mesne profit was to be
calculated from the date of institution of the suit (17th May 2016) till the last
date of vacating the premise (25th May 2017). The Court in this case had
ordered an inquiry into mesne profits from 17th May 2016 to 25th May 2017 as
well. 

18. Difference between order and decree.

BASIS FOR
DECREE ORDER
COMPARISON

Meaning A decree is the official An order is the official

proclamation of the
adjudication by the judge
explaining the rights of the
parties concerned with
respect to the suit.
announcement of the
decision taken by the court,
defining the relationship of
the parties, in the
proceedings.

Pass It is passed in a suit It can be passed in a suit

initiated by the initiated by presentation of
presentation of a plaint. plaint, application or
petition.

Deals with Substantive legal rights of Procedural legal rights of

the parties the parties

Defined in Section 2 (2) of the Code Section 2 (14) of the Code

of Civil Procedure Act, of Civil Procedure Act,
1908. 1908.

Ascertainment of It clearly ascertains the It may or may not clearly

rights rights of the parties ascertains the rights of the
concerned. parties concerned.

Number There is only one decree There can be many orders

 BASIS FOR
DECREE ORDER
COMPARISON

in a suit. in a suit.

Type It can be preliminary, final It is always final.

or partly preliminary and
partly final.

Appeal It is normally appealable It can be appealable or

except if it is specifically non-appealable.
barred by law.

19. Who is an indigent person?

Taking into consideration the poverty rate of India, it is quite challenging for the
deprived section of society to institute a case in court and bear all the litigation
expenses. But simply saying that these vulnerable people don’t stand a chance
in court, is not the solution. One such solution is enshrined under Article
39A of the Indian Constitution that protects the interests of vulnerable
segments of society. It provides free legal aid to the poor and weaker sections
of society and ensures justice for all. Besides Article 39A, Articles 14 and 22
(1) of the Indian Constitution provide that it is obligatory on the part of the
State to ensure equality before the law and provide a legal system that aims at
promoting justice.

The dictionary meaning of the word ‘indigent person’ refers to a person who is
suffering from extreme poverty, impoverishment, or one who lacks the basic
resources required in normal life. In legal parlance, an indigent person does not
possess the financial capacity to pay the court fee. With the motive of providing
justice to such individuals, provisions under Order 33 of the Code of Civil
Procedure, 1908 were introduced. Any person who wants to represent as an
indigent person is required to file an application before the competent court
wherein he declares himself to be an indigent person. If the court is satisfied
with such an application and agrees to the fact that such person has no means
to pay the court fee, then the court will declare such person as an indigent
person. Primarily, before the introduction of the expression “indigent person”,
the term “pauper” was used to denote the underprivileged section of society.
However, the latter got substituted by the term “indigent person.”

 Rule 1- 18 of Order XXXIII of the Code of Civil Procedure deals with the
suits filed by indigent persons. 

Who is an indigent person?

As soon as a civil suit is filed in the court, the plaintiff(s), at the time of filing
their plaint, are required to submit the requisite court fees as directed by the
Court Fees Act, 1870. However, Order XXXIII of the Code of Civil Procedure
saves indigent persons by way of discharging them from the liability to pay the
required court fees. It then allows such individuals to institute the suit in forma
pauperis which is subject to some conditions as postulated under the Rule 1 of
Order XXXIII of CPC. 

20. On what grounds plaint can be rejected.

The Civil Procedure Code (CPC) deals with the procedure and dealing of

the civil suits. Under the CPC nowhere has it been defined that what is
‘rejection of plaint’ but grounds on which a plaint is rejected are
mentioned under Order 7 Rule XI. It mentions four grounds on which a
plaint can be rejected.

Rejection of plaint- the section specifies the grounds under which the
plaint can be rejected:—

(a) where it does not disclose a cause of action;

(b) where the relief claimed is undervalued, and the plaintiff, on being
required by the Court to correct the valuation within a time to be fixed by
the Court, fails to do so;

(c) where the relief claimed is properly valued, but the plaint is returned
upon paper insufficiently stamped, and the plaintiff, on being required by
the Court to supply the requisite stamp-paper within a time to be fixed by
the Court, fails to do so;

(d) where the suit appears from the statement in the plaint to be barred
by any law. [1]

Grounds on which Plaint is Rejected

1. Where it does not disclose the cause of action- if the plaintiff fails to mention the
facts which give him right to seek relief against the defendant and the necessary
facts that are required to prove wrong done by a defendant against the plaintiff, then
in such cases the plaint can be rejected. [2]
2. Where the relief claimed by the plaintiff is undervalued, or fails to correct the same
on the direction of the court within a given period.
3. Where plaint is properly valued and relief under it but the plaint gets rejected on the
ground of insufficient papers or papers not properly attested or stamped, where the
plaintiff does not present the plaint in accordance to the Court-fees Act.
4. Where the suit is time-barred.
5. In every suite, a duplicate file of the plaint needs to be filed by the plaintiff. If this
requirement is not fulfilled, the plaint is rejected.
6. Where the plaintiff fails to act in accordance with Rule 7 and Rule 9, the plaint can be
rejected.

21. By whom the application to set aside the sale of immovable

property be moved.
Application to set aside sale.-- (1) At any time within thirty days from the date of the sale
of immovable property, application may be made to the Collector to set aside the sale on
the ground of some material irregularity, or mistake, or fraud, in publishing or conducting it;
but, except as otherwise is hereinafter provided, no sale shall be set aside on the ground of
any such irregularity or mistake unless the applicant proves to the satisfaction of the
Collector that he has sustained substantial injury by reason thereof.

(2) If the application be allowed, the Collector shall set aside the sale and may direct a fresh
one.

(3) On the expiration of thirty days from the date of the sale, 2[if no application to have the
sale set aside is made under section 37-A or under clause (1) of this section] or if such
application has been made and rejected, the Collector shall make an order confirming the
sale: provided that, if he shall have reason to think that the sale ought to be set aside
notwithstanding that no such application has been made or on grounds other than those
alleged in any application which has been made and rejected, he may, after recording his
reasons in writing, set aside the sale.

(4) Whenever the sale of any lands is not so confirmed or is set aside, the deposit or the
purchase-money, as the case may be shall be returned to the purchaser.

(5) After the confirmation of any such sale, the Collector shall register the lands sold in the
name of the person declared to be the purchaser and shall execute and grant a certificate of
sale bearing his seal and signature to such purchaser.

Such certificate shall state the property sold and the name of the purchaser, and it shall be
conclusive evidence of the fact of the purchase in all Courts and Tribunals, where it may be
necessary to prove the same; and no proof of the Collector’s seal or signature shall be
necessary, unless the authority before whom it is produced shall have reason to doubt its
genuineness.