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CIVIL PROCEDURE CODE

Q1 EXPLAIN DIFFERENT TYPES OF

JURISDICTIONS MENTIONED IN CIVIL
PROCEDURE CODE AND DICUSS THE
PROVISION RELATED TO PLACE OF SUING IN
DETAIL.
ANS: PLACE OF SUING UNDER CPC:

Types of Jurisdiction under CPC 🏛️

Jurisdiction means the authority of a court to hear and decide a case. Under CPC, jurisdiction
is classified into several types:

Type of
Meaning Example
Jurisdiction

Power of a court to hear

Subject-Matter Family courts handle matrimonial disputes;
cases of a particular subject
Jurisdiction civil courts handle property disputes.
matter.

A suit concerning property in Ahmedabad

Territorial Authority based on
must be filed in a court having jurisdiction
Jurisdiction geographical limits.
over Ahmedabad.

A suit valued at ₹5 lakh may go to District

Pecuniary Based on the monetary
Court, while a ₹50,000 claim may go to
Jurisdiction value of the claim.
Civil Judge (Junior Division).

High Courts of Bombay, Calcutta, Madras

Original Power to hear a case at first
have original jurisdiction in civil matters
Jurisdiction instance.
above a certain value.

Appellate Power to hear appeals from High Courts and Supreme Court hear
Jurisdiction lower courts. appeals against subordinate court judgments.
Type of
Meaning Example
Jurisdiction

Exclusive Only a particular court can Company Law Tribunal for company
Jurisdiction hear certain matters. disputes.

Concurrent More than one court may Certain consumer disputes may be filed in
Jurisdiction have authority. consumer forums or civil courts.

Place of Suing under CPC 📍

The place of suing determines where a suit should be filed. Provisions are laid down in
Sections 15–20 CPC.

1. Section 15 – Hierarchy of Courts

 Every suit must be filed in the lowest grade competent court.

 Prevents overburdening higher courts.

2. Sections 16–18 – Suits Relating to Immovable Property

 Section 16: Suits concerning immovable property must be filed where the property is
situated.
 Section 17: If property is in jurisdiction of multiple courts, suit may be filed in any
one court.

 Section 18: If there is uncertainty about jurisdiction, plaintiff may file in any court
with reasonable belief of jurisdiction.

3. Section 19 – Suits for Compensation (Wrong to Person or Movable Property)

 Plaintiff may sue either:

o Where the wrong occurred, or

o Where defendant resides.

4. Section 20 – Other Suits

 Suits may be filed where:

o Defendant resides, carries on business, or works for gain.

o Cause of action arises wholly or partly.

Case Laws
 Kiran Singh v. Chaman Paswan (1954) – Pecuniary jurisdiction is mandatory;
decree passed without jurisdiction is void.
  Hakam Singh v. Gammon (India) Ltd. (1971) – Parties can agree to a particular
court’s jurisdiction if multiple courts are competent.

 Tara Devi v. Sri Thakur Radha Krishna Maharaj (1987) – Valuation of suit must
not be arbitrary; it must reflect actual claim.

Exam-Friendly Summary ✨

 Jurisdiction types: Subject-matter, territorial, pecuniary, original, appellate,

exclusive, concurrent.

 Place of suing: Sections 15–20 CPC.

o Hierarchy principle (Sec. 15)

o Immovable property suits (Sec. 16–18)

o Compensation suits (Sec. 19)

o Other suits (Sec. 20)

 Key case laws: Kiran Singh, Hakam Singh, Tara Devi.

Q2. What IS RES SUB JUDICE AND

RESJUDICATA? DISCUSS THE APPLICABILITY
OF RES SUB JUDICE AND RESJUDICATA AND
PRINCIPLE ON WHICH Ans Res Sub Judice
(Section 10 CPC)
Meaning

 Res Sub Judice means “a matter under judicial consideration.”

 It prevents courts from simultaneously trying two suits involving the same matter, to
avoid conflicting judgments.

Essentials

1. Two suits must be pending.

2. Both suits must be between the same parties (or parties claiming under them).

3. The matter in issue must be directly and substantially the same.

4. The previously instituted suit must be pending in a competent court.

Application
  If these conditions are met, the later suit is stayed until the earlier one is decided.

 Example: If A sues B for ownership of land in one court, and B sues A for the same
land in another court, the second suit will be stayed.
Principle

 Based on judicial economy and avoidance of multiplicity of litigation.

 Ensures consistency and prevents contradictory judgments.

📘 Res Judicata (Section 11 CPC)

Meaning

 Res Judicata means “a matter already judged.”

 Once a matter is finally decided by a competent court, it cannot be re-litigated
between the same parties.
Essentials

1. Same parties (or parties claiming under them).

2. Same matter directly and substantially in issue.

3. Matter must have been heard and finally decided.

4. Decision must be by a competent court.

Application

 Bars subsequent suits on the same issue.

 Example: If A sues B for ownership of land and the court decides in favor of A, B
cannot file another suit against A for the same land.

Principle

 Based on finality of litigation and public policy.

 Prevents harassment of parties and wastage of judicial resources.

 Includes constructive res judicata: issues that could have been raised but were not,
are also barred.


 Res Sub Judice → Stops parallel proceedings.

 Res Judicata → Stops repeated litigation.

 Both doctrines uphold judicial discipline, consistency, and fairness in civil

procedure.

Q 2(B) DISCUSS IN DETAIL THE DIFFERENCE BETWEEN JUDGEMENT,

ORDER, AND DECREE.
ANS: Judgment

 Definition (Sec. 2(9), CPC): The statement given by a judge on the grounds of a
decree or order.

 Essence: It is the reasoned decision of the court explaining why the court reached its
conclusion.

 Contents:

o Facts of the case

o Issues framed
o Evidence considered
 o Legal reasoning and application

 Appeal: A judgment itself is not directly appealable, but the decree/order based on it
can be appealed.
 Example: In a contract dispute, the judgment explains why one party is liable before
issuing a decree for damages.

📜 Decree

 Definition (Sec. 2(2), CPC): The formal expression of an adjudication conclusively

determining the rights of parties in a civil suit.

 Essence: It is the final outcome of the suit.

 Types:

o Preliminary Decree: Determines rights but requires further proceedings (e.g.,

partition suits).
o Final Decree: Completely disposes of the suit.

o Partly Preliminary & Partly Final: Contains both elements.

 Appeal: Decrees are appealable under CPC.

 Example: If a company owes ₹5 lakh to a creditor, the decree will formally direct
payment.

📑 Order

 Definition (Sec. 2(14), CPC): The formal expression of any decision of a civil court
which is not a decree.

 Essence: It is an interim or procedural ruling.

 Scope: May relate to procedural matters, interlocutory applications, or administrative
directions.

 Appeal: Only certain orders are appealable (Sec. 104 & Order 43 CPC).

 Example: An order granting temporary injunction against a company from

transferring assets during trial.

🔍 Comparison Table

Aspect Judgment Decree Order

Reasoned Formal
Formal decision not
Meaning statement of adjudication of
amounting to decree
decision rights
Aspect Judgment Decree Order

Explains Conclusive
Nature Procedural/interim
reasoning determination

Basis for Appeal lies Only specific orders

Appealability
decree/order against decree appealable

Basis for
Relation Follows judgment Independent of decree
decree/order

Judge explains Court directs

Example Court grants injunction
liability payment

 Judgment = Why the court decided

 Decree = What the final decision is

 Order = Other directions during proceedings

Q2. DEFINE SUMMONS . DISCUSS THE

MODES OF SERVICE OF THE SUMMON AND
TO WHOM A SUMMON CAN BE SERVED?
ANS: Definition of Summons
 Meaning: A summons is a legal document issued by a court directing a person
(usually the defendant) to appear before it on a specified date and time.

 Provision: Order V CPC governs the issue and service of summons.

 Section 27 CPC: Summons must be issued to the defendant to appear and answer the
claim within 30 days from the institution of the suit.

 Section 28 CPC: Summons may be served outside the jurisdiction of the issuing court
through another court.

📜 Modes of Service of Summons (Order V, Rules 9–30 CPC)

1. Personal/Direct Service (Rule 12)

o Delivered personally to the defendant.

o Defendant signs acknowledgment.

2. Service by Agent (Rule 13)

o If the defendant has an agent empowered to accept summons, service can be
made on that agent.
3. Service by Registered Post / Courier / Electronic Means (Rule 9)

o Summons may be sent by registered post acknowledgment due, approved

courier service, or even electronically (email, fax, etc.).
4. Service on Adult Family Member (Rule 15)

o If the defendant is absent, service can be made on an adult male member of the
family residing with him (not a servant).

5. Service on Corporation / Company (Rule 16)

o Served on the secretary, director, or principal officer of the company.

6. Service on Government (Sec. 80 CPC + Rule 27)

o Delivered to the secretary of the department or the collector of the district.

7. Substituted Service (Rule 20)

o If the defendant avoids service or cannot be found, the court may order
substituted service:

 By affixing summons on the door of the defendant’s residence.

 By publication in a newspaper.

📑 To Whom Summons Can Be Served

 Defendant personally (primary rule).

 Agent of defendant authorized to accept summons.

 Adult male family member residing with the defendant.

 Corporation/Company: Secretary, director, or principal officer.

 Partnership firm: Any partner.

 Government: Secretary of department or collector.

 Legal representatives: In case of death of a party, summons can be served on legal

heirs.

⚖️ Case Laws

1. Neerja Realtors Pvt. Ltd. v. Janglu (2018) 2 SCC 649

o Supreme Court emphasized that proper service of summons is essential for

natural justice.

2. Yallawwa v. Shantavva (1997) 11 SCC 159

o Held that service on an adult family member is valid if the defendant is absent.
 3. State of Maharashtra v. Ark Builders Pvt. Ltd. (2011) 4 SCC 616

o Clarified that substituted service (like newspaper publication) is valid only

when the court is satisfied that the defendant is deliberately avoiding service.
4. Bhagwan Swaroop v. Mool Chand (AIR 1983 SC 355)

o Stressed that summons must be served in strict compliance with CPC

provisions; otherwise, proceedings may be invalid.

 Summons = Notice of suit.

 Proper service ensures natural justice (right to be heard).

 Students should remember: No valid service → No valid proceedings.

Q 3 (A) EXPLAIN DETAIL THE PROCEDURE

FOR INSTITUTION OF SUITS AS PER CIVIL
PROCEDURE,1908.
ANS: Relevant Provisions
 Section 26 CPC: A suit is instituted by the presentation of a plaint or in such other
manner as may be prescribed.

 Order IV Rule 1 CPC: Every suit shall be instituted by presenting a plaint to the court
or such officer as appointed.

 Order VI & VII CPC: Lay down rules regarding pleadings and the requirements of a
plaint.

📜 Step-by-Step Procedure

1. Presentation of Plaint

o The plaintiff initiates the suit by filing a plaint (written statement of claim).

o The plaint must contain:

 Name of the court

 Names and addresses of parties

 Cause of action

 Facts constituting the claim

 Relief sought

 Valuation for jurisdiction and court fees (Sec. 7, Court Fees Act).

2. Examination of Plaint (Order VII Rule 11 CPC)

 o Court examines whether the plaint is properly framed.

o Grounds for rejection include:

 No cause of action

 Suit barred by law

 Insufficient court fee

 Defective jurisdiction.

3. Issue of Summons (Sec. 27 & Order V CPC)

o Once the plaint is admitted, the court issues summons to the defendant to appear
and answer the claim.

o Summons must be served within 30 days of institution.

4. Service of Summons (Order V Rules 9–30 CPC)

o Summons served personally, through agent, registered post, electronic means, or
substituted service.

5. Written Statement by Defendant (Order VIII CPC)

o Defendant must file a written statement within 30 days (extendable up to 90 days
with court’s permission).

o Must specifically deny or admit allegations.

6. Framing of Issues (Order XIV CPC)

o Court frames issues based on pleadings to determine the points of dispute.

7. Trial and Evidence (Order XVIII CPC)

o Plaintiff presents evidence first, followed by defendant.

o Witnesses examined, cross-examined, and re-examined.

8. Judgment and Decree (Sec. 33 CPC, Order XX CPC)

o Court pronounces judgment (reasoned decision).

o Decree (formal adjudication of rights) follows judgment.

⚖️ Case Laws

1. Ethiopian Airlines v. Ganesh Narain Saboo (2011) 8 SCC 539

o Defined “suit” broadly as any proceeding to enforce a legal right.

2. Bhagwan Swaroop v. Mool Chand (AIR 1983 SC 355)

o Stressed strict compliance with CPC provisions for institution of suits.
 3. Neerja Realtors Pvt. Ltd. v. Janglu (2018) 2 SCC 649

o Emphasized proper service of summons as part of valid institution.

NOTES :

 Institution of suit = Filing of plaint.

 Summons = Notice to defendant.

 Written statement = Defendant’s reply.

 Issues = Points of dispute.

 Judgment & decree = Final outcome.

This sequence ensures natural justice and orderly conduct of civil proceedings.

Q 3 (B) WHAT IS THE PLAINT ? DISCUSS IN

DETAIL THE PROVISIONS RELETED TO
RETURN AND REJECTION OF A PLAINT.
ANS: What is a Plaint?

 Definition: A plaint is the written statement of claim filed by the plaintiff to institute a
civil suit.

 Provision: Governed by Section 26 CPC and Order VII CPC.

 Essentials of a Plaint (Order VII Rule 1):

o Name of the court

o Names and addresses of parties

o Statement of facts constituting cause of action

o Jurisdictional facts
o Relief claimed

o Valuation for court fees and jurisdiction

o Verification by the plaintiff

Thus, a plaint is the foundation document of a civil suit.

📜 Return of Plaint

 Provision: Order VII Rule 10 CPC

  Meaning: When the court finds that it does not have jurisdiction (territorial,
pecuniary, or subject matter), it may return the plaint to be presented before the proper
court.

 Procedure:

o Court endorses the date of presentation and return.

o Plaintiff may file it in the appropriate court.

 Case Law:

o Joginder Tuli v. S.L. Bhatia (1997) 1 SCC 502 – Court held that return of
plaint is proper when jurisdiction is lacking.

📑 Rejection of Plaint

 Provision: Order VII Rule 11 CPC

 Grounds for Rejection:

1. No cause of action disclosed.

2. Relief claimed undervalued and plaintiff fails to correct valuation.

3. Insufficient court fee and plaintiff fails to supply requisite fee.

4. Suit barred by law (e.g., limitation, statutory bar).

5. Plaint not filed in duplicate.

6. Non-compliance with statutory requirements.

 Nature: Rejection of plaint is a judicial order and is appealable under Order XLIII
Rule 1(a) CPC.

 Case Laws:

o T. Arivandandam v. T.V. Satyapal (1977) 4 SCC 467 – Supreme Court held that
frivolous or vexatious plaints must be rejected at the threshold.

o D. Ramachandran v. R.V. Janakiraman (1999) 3 SCC 267 – Court emphasized

that rejection is mandatory if plaint discloses no cause of action.

o Saleem Bhai v. State of Maharashtra (2003) 1 SCC 557 – Rejection of plaint

can be done at any stage of proceedings.

🔍 Comparison: Return vs. Rejection of Plaint

 Return of Plaint ([Link]
Aspect Rejection of Plaint ([Link] R.11)
R.10)

Defects in plaint (no cause, undervaluation, barred

Reason Lack of jurisdiction
by law, etc.)

Plaintiff can refile in proper Suit ends; fresh plaint may be filed only if defect
Effect
court cured

Nature Administrative/judicial act Judicial order (appealable)

Case
Joginder Tuli v. S.L. Bhatia T. Arivandandam v. T.V. Satyapal
Law

Note:
 Return of plaint = Wrong court, but suit can continue elsewhere.

 Rejection of plaint = Defective claim, suit cannot proceed unless defect is cured.

 Students should remember: Return ≠ dismissal; Rejection = termination of suit.

Q 3. DISCUSS IN DETAIL THE MAIN

PROVISIONS, OBJECTS AND SALIENT
FEATURES OF THE LIMITATION ACT IN
DETAIL.
ANS:. Introduction

 The Limitation Act, 1963 came into force on 1 January 1964.

 It is a procedural law (lex fori) that prescribes the time limits within which suits,
appeals, and applications must be filed in courts.

 It extends to the whole of India (except Jammu & Kashmir at the time of enactment).
 Contains 32 sections and a Schedule listing specific limitation periods for different
types of cases.

🎯 Objects of the Limitation Act

1. Prevent stale claims – ensures disputes are brought promptly.

2. Certainty in litigation – fixes definite time frames for legal remedies.

3. Public policy – discourages dilatory tactics and endless litigation.

4. Balance of justice – protects defendants from indefinite exposure to claims.
 5. Encourage diligence – motivates parties to act within reasonable time.

📜 Main Provisions

1. Section 3 – Bars suits, appeals, and applications filed beyond limitation period, even
if not pleaded by defendant.

2. Section 4 – Expiry of limitation when court is closed → filing allowed on reopening

day.

3. Section 5 – Extension of prescribed period in certain cases (appeals and applications)

if “sufficient cause” is shown.

4. Section 6–8 – Legal disability (minority, insanity, etc.) → limitation starts when
disability ceases.

5. Section 9 – Once time begins to run, it continues unless stopped by statutory

provision.
6. Section 12–24 – Computation of limitation (exclusion of time for obtaining copies,
acknowledgment, fraud, mistake, etc.).
7. Section 27 – Extinguishment of right to property if suit not filed within limitation.

8. Schedule – Provides specific limitation periods (e.g., 3 years for suits relating to
contracts, 12 years for immovable property).

🌟 Salient Features

 Procedural law: Does not create rights, only regulates remedies.

 Self-contained code: Exhaustive provisions for limitation.

 Uniformity: Applies across India.

 Bar of remedy, not right: Except in property cases (Sec. 27), limitation bars remedy
but not the underlying right.

 Duty of court: Court must dismiss suits filed beyond limitation even if defendant
does not raise objection.

 Flexibility: Courts may condone delay if “sufficient cause” is shown (Sec. 5).

⚖️ Case Laws

1. T. Arivandandam v. T.V. Satyapal (1977) 4 SCC 467 – Courts must reject frivolous
suits at the threshold.

2. State of Maharashtra v. Ark Builders Pvt. Ltd. (2011) 4 SCC 616 – Limitation
period strictly applied; delay condonation requires sufficient cause.
3. Bharat Barrel & Drum Mfg. Co. v. ESI Corporation (1971) 2 SCC 860 –
Limitation bars remedy, not the right itself, except under Sec. 27.
🎓Note

 Limitation Act = Time discipline in litigation.

 Students should remember: “Delay defeats equity” — the law helps ensure justice is
not delayed or denied.

 For exam answers: Always mention Sections 3, 5, 27 and cite at least one case law.

Q 4. DISCUSS THE DIFFERENCE BETWEEN

REFERENCE, REVIEW AND REVISION.
ANS: Reference
 Provision: Section 113 CPC and Order XLVI CPC.

 Meaning: When a subordinate court faces a question of law and entertains doubt, it
may refer the matter to the High Court for its opinion.

 Object: To ensure uniformity and correctness in the interpretation of law.

 Conditions:

o Must involve a question of law.

o Court must be in doubt about interpretation.

o Reference made to High Court.

 Case Law: Raja Kulkarni v. State of Bombay (AIR 1954 SC 73) – clarified the scope
of reference when subordinate courts face difficulty in interpreting statutes.

📜 Review

 Provision: Section 114 CPC and Order XLVII CPC.

 Meaning: A party aggrieved by a decree or order may apply to the same court for
review of its judgment.

 Grounds for Review:

1. Discovery of new and important matter or evidence not within knowledge at

the time of judgment.

2. Error apparent on the face of the record.

3. Any other sufficient reason.

 Object: To correct mistakes apparent in the judgment without going to appellate

court.
  Case Law: Patel Narshi Thakershi v. Pradyumansinghji Arjunsinghji (AIR 1970 SC
1273) – review is not an appeal; it is limited to correcting errors apparent on the face
of record.

📑 Revision

 Provision: Section 115 CPC.

 Meaning: The High Court may call for the record of any case decided by a
subordinate court to check jurisdictional errors.

 Grounds for Revision:

o Subordinate court exercised jurisdiction not vested in it.

o Failed to exercise jurisdiction vested in it.

o Acted illegally or with material irregularity in exercising jurisdiction.

 Object: To supervise subordinate courts and prevent miscarriage of justice.

 Case Law: Major S.S. Khanna v. Brig. F.J. Dillon (AIR 1964 SC 497) – revision is not
a rehearing of the case; it is confined to jurisdictional errors.

🔍 Comparison Table

Aspect Reference Review Revision

Sec. 113 & Order Sec. 114 & Order XLVII

Provision Sec. 115 CPC
XLVI CPC CPC

Who
Subordinate court Party to the suit High Court
initiates

Correct error apparent

Purpose Clarify question of law Correct jurisdictional error
on record

Court Same court that passed

High Court High Court
involved judgment

Nature Preventive Corrective Supervisory

Doubt in law New evidence Subordinate court exceeds

Example
interpretation discovered jurisdiction

🎓 Note:

 Reference = Subordinate court seeks guidance from High Court.

 Review = Same court corrects its own mistake.

 Revision = High Court supervises subordinate courts for jurisdictional errors.
This triad ensures justice, consistency, and accountability in civil procedure.
(B) DISCUSS THE GENERAL PRINCIPLES OF
EXECUTIION POWER OF EXECUTING COURT
IN DETAIL.
ANS: Introduction

 Execution is the stage where the successful party (decree-holder) actually realizes the
fruits of litigation.

 Governed by Sections 36–74 CPC and Order XXI CPC.

 The executing court ensures compliance with the decree or order passed.

🎯 General Principles of Execution

1. Execution follows decree

o A decree must be final, conclusive, and enforceable.
o No execution without a valid decree.

2. Court duty under Section 36 CPC

o The court which passed the decree or the transferee court executes it.

3. Territorial and pecuniary jurisdiction

o Execution must be carried out by a court with proper jurisdiction.

4. Execution against parties only

o Decree can be executed only against parties to the suit or their legal
representatives.

5. Modes of execution (Section 51 CPC)

o By delivery of property.
o By attachment and sale of property.

o By arrest and detention of judgment-debtor.

o By appointment of receiver.

o In any other manner as nature of relief requires.

6. Execution of foreign decrees (Sections 44A CPC)

o Decrees from reciprocating territories can be executed in India.

7. Limitation
 o Execution must be filed within 12 years from the date of decree (Article 136,
Limitation Act, 1963).

📜 Powers of the Executing Court

1. Interpretation of decree
o Court can interpret the decree but cannot go beyond it.

o Executing court cannot question the correctness of the decree.

2. Inquiry into objections (Order XXI Rules 97–106)

o Court can decide objections raised by judgment-debtor or third parties.

3. Attachment and sale of property

o Court can attach movable/immovable property and order sale to satisfy decree.

4. Arrest and detention

o Court may order arrest and civil imprisonment of judgment-debtor (subject to
safeguards under Sections 55–59 CPC).

5. Appointment of receiver
o Court may appoint a receiver to manage property and discharge decree.

6. Transfer of decree (Sections 39–42 CPC)

o Court can transfer decree to another court for execution.

7. Execution against legal representatives (Section 50 CPC)

o If judgment-debtor dies, decree can be executed against legal heirs to the
extent of inherited property.

⚖️ Case Laws

1. Kiran Singh v. Chaman Paswan (AIR 1954 SC 340)

o Jurisdictional defect makes decree void; executing court cannot enforce a void
decree.

2. Topanmal Chhotamal v. Kundomal Gangaram (AIR 1960 SC 388)

o Executing court cannot go behind the decree; it must execute it as it stands.

3. Bhavan Vaja v. Solanki Hanuji Khodaji (AIR 1972 SC 1371)

o Executing court can interpret the decree to give effect to it but cannot add or
alter.

🔍 Note
  Principle: Execution is the fruit of litigation.

 Rule: Executing court must enforce decree strictly as passed, without questioning its
correctness.
 Key Sections: 36–74 CPC, Order XXI CPC.

 Exam Tip: Always mention Section 51 CPC (modes of execution) and cite Topanmal
Chhotamal case.

Q5(A) MAINTAINABILITY OF FOREIGN

JUDGEMENT
ANS: Meaning of Foreign Judgment

 Section 2(6), CPC: A foreign judgment means the judgment of a foreign court.

 Section 2(5), CPC: A foreign court means a court situated outside India and not
established or continued by the authority of the Central Government.

📜 Relevant Provisions

1. Section 13 CPC – Conditions for conclusiveness of foreign judgments.

o A foreign judgment is conclusive between parties except in the following

cases:
 Not pronounced by a court of competent jurisdiction.

 Not given on merits of the case.

 Appears to be founded on incorrect view of international law or refusal

to recognize Indian law.

 Proceedings opposed to natural justice.

 Obtained by fraud.

 Sustains a claim founded on breach of Indian law.

2. Section 14 CPC – Presumption as to foreign judgments.

o Court shall presume foreign judgment to be pronounced by a competent court

unless proved otherwise.

3. Section 44A CPC – Execution of decrees passed by courts in reciprocating

territories.

o Decrees from notified reciprocating territories can be executed in India as if

passed by a District Court.
 o Non-reciprocating territory decrees require a fresh suit in India based on the
foreign judgment.

🎯 Maintainability Principles

 A foreign judgment is prima facie valid but subject to exceptions under Section 13
CPC.

 It must be:

o By a competent court.

o On merits.

o In accordance with natural justice.

o Free from fraud.

o Not contrary to Indian law or public policy.

 Decrees from reciprocating territories are directly executable; others require filing a
new suit in India.

⚖️ Case Laws

1. Satya v. Teja Singh (AIR 1975 SC 105)

o Foreign judgment obtained by fraud or misrepresentation is not enforceable in
India.

2. R. Viswanathan v. Rukn-ul-Mulk Syed Abdul Wajid (AIR 1963 SC 1)

o Foreign judgment must be pronounced by a court of competent jurisdiction
and in accordance with principles of natural justice.

3. International Woollen Mills v. Standard Wool (UK) Ltd. (2001) 5 SCC 265
o Foreign judgment not on merits (ex parte without evidence) is not conclusive
under Section 13 CPC.

4. Alcon Electronics Pvt. Ltd. v. Celem S.A. (2017) 2 SCC 253

o Clarified distinction between decrees from reciprocating and non-
reciprocating territories under Section 44A CPC.

(B) JOINDER, MISJOINDER AND NON JOINDER

OF PARTIES.
ANS: Joinder of Parties

 Meaning: Inclusion of multiple parties (plaintiffs or defendants) in one suit when

their rights or liabilities arise out of the same cause of action.
 Provision: Order I Rules 1–3 CPC.

 Joinder of Plaintiffs (Rule 1):

o Several persons may join as plaintiffs if:

1. Their right to relief arises out of the same act or transaction.

2. Common question of law or fact arises.

 Joinder of Defendants (Rule 3):

o Several persons may be joined as defendants if:

1. Right to relief arises out of the same act or transaction.

2. Common question of law or fact arises.

 Object: To avoid multiplicity of suits and ensure efficient adjudication.

📜 Misjoinder of Parties

 Meaning: Wrong inclusion of parties in a suit who should not have been joined.

 Provision: Order I Rule 9 CPC – Misjoinder of parties is not fatal; suit does not fail
merely because of misjoinder.

 Types:

o Misjoinder of Plaintiffs – persons without common cause of action joined as

plaintiffs.

o Misjoinder of Defendants – persons against whom no relief arises joined as

defendants.
 Effect: Court may strike out unnecessary parties under Order I Rule 10 CPC.

 Case Law: Prem Lata Agarwal v. Lakshman Prasad Gupta (AIR 1970 SC 1525) –
misjoinder does not defeat suit; court may correct it.

📑 Non-joinder of Parties

 Meaning: Omission to include a necessary party in the suit.

 Provision: Order I Rule 9 CPC – suit not defeated for non-joinder except when a
necessary party is omitted.

 Necessary Party: One without whom no effective decree can be passed.

 Proper Party: One whose presence helps complete adjudication but decree can be
passed without them.

 Effect:
o Non-joinder of necessary party → suit liable to dismissal.
 o Non-joinder of proper party → suit may proceed, but court may add them.

 Case Law:

o Ramesh Hirachand Kundanmal v. Municipal Corporation of Greater Bombay

(AIR 1992 SC 2056) – distinction between necessary and proper parties.

o Kasturi v. Iyyamperumal (2005) 6 SCC 733 – necessary party is one against

whom relief is sought or whose presence is essential for effective adjudication.

🔍 Comparison Table

Aspect Joinder Misjoinder Non-joinder

Proper Omission of
Wrong inclusion
Meaning inclusion of necessary/proper
of parties
parties parties

Order I
Order I Rule 9
Provision Rules 1–3 Order I Rule 9 CPC
CPC
CPC

Suit Suit not Suit fails if

Effect proceeds defeated; court necessary party
efficiently may strike omitted

Unrelated
All partners One partner omitted
Example person added as
sued together in partnership suit
defendant

🎓 Note

 Joinder = Correct inclusion

 Misjoinder = Wrong inclusion (not fatal)

 Non-joinder = Omission (fatal if necessary party omitted)

For exam answers, students should always cite Order I Rules 1–3, 9, 10 CPC and
landmark cases like Ramesh Hirachand Kundanmal and Kasturi v. Iyyamperumal.