Topic 2 2) Secondly, the Court considers whether the statute under scrutiny

provides an adequate and satisfactory alternative remedy for a

Jurisdiction of Courts, Principle of Res party aggrieved by an order made under it. In other words, if the law
offers an alternative mechanism for addressing grievances that is
subjudice and Res judicata effective and sufficient, it may justify the exclusion of civil court
jurisdiction.

Section 9 : Courts to try all civil suits unless barred

Section 10 : Principle of Res Sub Judice
©Reserved with Aasim Yezdani
Case Involved ©Reserved with Aasim Yezdani
• Gundaji Satwaji Shinde v. Ram Chandra Bhikaji Joshi, AIR 1979 SC Case Involved
653 Indian Bank v. Maharashtra State Cooperative Marketing Federation
Ltd, AIR 1998 SC 1952
Section 9 of CPC
COURTS TO TRY ALL CIVIL SUITS UNLESS BARRED Section 1 O deals with
says: "The Court shall
the principle of Res sub Res Subject Matter
(subject to the provisions
herein contained) have judice, which essentially sub Judice Under Consideration
jurisdiction to try all suits means that if there is an
Meaning Matter Pending Before Court
of a civil nature excepting ongoing legal case
suits of which their involving the same subject matter and same parties is pending in one
cognizance is either Court, another Court is barred from entertaining a new case on the
expressly or impliedly same subject matter with same party until the first case is resolved.
barred." In simpler way, if a dispute is already being pending before one
"Suits of a Civil nature" means those involving civil rights, distinct from court, you cannot file a new case on the same subject matter and with
criminal or public law. The term is broad, encompassing private ri,Jhts the same parties in another court until the initial case is concluded. This
and remedies, as observed in court cases. helps to avoid conflicting decisions and ensures a more orderly legal
process.
The expression "expressly or impliedly barred" highlights that Civil
Courts inherently handle civil disputes unless expressly 6r implicitly Essential Conditions for Section 10
excluded by law. Individuals have the right to bring a civil suit unless 1) There must be two suits, one filed earlier and the other filed later.
barred by statute. The court's jurisdiction is excluded if there is a
2) Both suits must involve the same subject matter.
specific provision or implicit inference. To determine whether a civil
court's jurisdiction is excluded, Supreme Court outlined a two-fold tw;t. 3) The parties in both suits must be the same.
1) Firstly, it examines whether the legislative intent to exc,ude 4) The earlier suit must be pending in
jurisdiction is explicit or arises by necessary implication. This means a) the same court or
that the exclusion should be clearly stated in the law or strongly
implied from its provisions. b) any other court in India or

6 7
 c) before Supreme Court. 3) Litigation must occur under the same title.
5) The court where the first suit is filed must have the authority to grant 4) The court must be competent to handle the subsequent suit.
the relief sought in the later suit.
5) The court should have heard and decisively settled the matter in the
first suit.
Constructive res judicata
Section 11 : Principle of Res Judicata
[Link] res judicata refers to the legal principle that requires a
©Reserved with Aasim Yezdani
par·y filing a lawsuit to present all relevant facts and claim all entitled
Case Involved
• reliefs in one go. If a party fails to do so, he shall be barred from raising
lftikhar Ahmed v. Syed Meharban Ali, AIR 1974 SC 749
• State of U.P. v. Nawab Hussain, AIR 1977 SC 1680 those issues again in the future. In simpler way, it means you can not
hold back relevant information or claims in your initial lawsuit and then
Section 11 of the Code of bring them up later if you are not satisfied with the outcome. The idea is
· Term : Meaning
Civil Procedure, 1908 to encourage completeness and finality in legal proceedings.
introduces the concept of res Res [ Subject matter or dispute
judicata, which essentially l Adjudged, decided, or
means that once a court has Judicata i adjudicated
made a decision on certain
Order 2, Rule 2 : Suit to include the whole claim
· "The thing has been judged" ·,r
points of fact, law, or both, in a Res judicata •a dispute decided" ©Reserved with Aasim Yezdani
lawsuit involving same parties, Case Involved
: 1. No man should be disturbed C.A. Balakrishnan v. Commissioner Corporation of Madras, AIR 2003
those points can not be re- : Principles : twice for the same cause
examined in any subsequent Mad. 170
! 2. It is in the interest of the
legal proceedings between the Order 2, Rule 2 emphasizes that when someone files a lawsuit (the
' State to end litigation
same parties. In other words, if plaintiff), he should cover all aspects of his claim related to a specific
a matter has been decided by a ' 3. A judicial decision must be incident in one go. The plaintiff is in control of his case but needs to be
accepted as correct
court, it can not be brought up mindful of the consequences if the suit is not properly framed.
again in future lawsuits between the same parties in any Court of LaN. 1) It encourages framing the suit comprehensively to avoid further
The principle of res judicata serves the broader public interest by legal disputes on the same subject matter.
emphasizing that legal disputes should ultimately reach a cdnclusion. It 2) It addresses the issue of splitting claims, stating that a plaintiff
promotes the idea that all litigations, sooner or later, must come to an should not repeatedly trouble the defendant with separate lawsuits
end. The term "res judicata" itself translates to "a thing which has for the same cause of action. If a plaintiff intentionally leaves out or
been decided." This means that if a court has already decided a gives up part of his claim, he can not later sue for that omitted part.
particular issue or case, no other court should attempt to retry the same
matter. 3) It deals with situations where a person can seek multiple reliefs for
the same incident; if he does not ask for all reliefs initially (without
Essential Conditions for Section 11 {Principle of Res Judicata)
court permission), he can not pursue the omitted ones later.
1) The matter must be directly in issue in both suits. In simple way, these rules aim to streamline legal processes by
2) The parties involved must be the same. promoting a complete and upfront presentation of the case and

8 9
 I
I

discourage unnecessary multiple lawsuits for the same issue. The

I
I
Gundaji Satwaji Shinde v. Ram Chandra Bhikaji
concept relies on having one clear cause of action for the rules to apply.
If causes of action differ between the initial and subsequent suits, the Joshi, AIR 1979 SC 653
restrictions do not apply. ©Reserved with Aasim Yezdani
I
(Theory Involved : Section 9 : Courts to try all civil suits unless barred)

Introduction to Commercial Courts Act, 2015

©Reserved with Aasim Yezdani
■ ii:" .•.■ ■ :

I
(Question Format: Short Notes) �
This Act establishes commercial :■a'

m [!]
courts, divisions, and appellate
divisions in High Courts to swiftly PF(
:'
handle commercial disputes, aiming W .
W Scan this QR Code for
explanation on You Tube
to reduce judicial delays. It was - - - ..._ Fact
enacted to support "Ease of Doing Business" and "Make in India." it
,n this case, the plaintiff initiated legal proceedings, seeking specific
focuses on quick contract enforcement, monetary claims recovery, and
performance of a contract for the sale of agricultural land. The
compensation for damages to boost investment and economic activity.
defendant argued that, due to the land falling under the Bombay
Essential features of Commercial Courts Act, 2015 Tenancy and Agricultural Lands Act 1948 and the plaintiff not being
1) The Act introduces Commercial Courts at the district level and a an agriculturalist, they were not entitled to the specific performance of
Commercial Division in High Courts, addressing disputes of a the contract.
specified value. Appeals go to Commercial Appellate Divisions set Issue
up in all High Courts.
1) Is the plaintiff an agriculturalist?
2) It was established exclusively for commercial disputes, it covers
2) Does the civil court have jurisdiction to decide the issue, or should it
transactions involving merchants, bankers, agreements for
refer the matter under section 85-A of the Tenancy Act to the
goods/services, partnerships, shareholders, joint ventures,
relevant authority (mamlatdar)?
franchising, licensing, construction, insurance, governJ17ent-related
matters, and intellectual property rights. 3) Is the jurisdiction of the civil court barred?
3) Commercial Court, Commercial Division or Commercial Appellate Court Observation & Decision
Division shall pronounce judgment within 90 days of conclusion of
Trial Court's Decision: Trial Court determined the question of
arguments.
jurisdiction regarding the plaintiff's agricultural status. It concluded that
4) All pending commercial disputes in civil courts are to be transferred as this issue was incidental to a suit for specific performance within its
to Commercial Courts/Divisions for swift resolution. Appeals aga:nst jurisdiction, it could decide the subsidiary matter. The Trial Court found
decisions must be made to the Commercial Appellate Division the plaintiff not to be an agriculturalist.
within 60 days, aiming for disposal within six months.
High Court's Decision: High Court concurred with the Trial Court,
stating that the Civil Court indeed has the authority to entertain a

10 11
Rule 2, of CPC and is considered a form of constructive res judicata,
meaning that the matter is essentially settled by the first legal a,�tion.
Topic 3
Place of Suing
Code of Civil Procedure outlines rules for where suits can be
instituted. Sections 15 to 20 specify the location or forum for instituting
suits. Sections 21 and 21-A cover objections to the court's jurisdiction.
Kinds of Jurisdiction of Courts
1) Territorial Jurisdiction: Courts can only hear cases within their
territorial limits.
2) Subject Matter Jurisdiction: Different courts handle different types
of cases, some are limited in the types they can handle.

3) Original and Appellate Jurisdiction: Original means a court can

start a case, while appellate means it can review decisions made by
other courts.
4) Pecuniary Jurisdiction: Courts can only handle cases within a
certain financial limit.

Place of Suing : Pecuniary Jurisdiction (Section 15)

©Reserved with Aasim Yezdani
(Question Format : Short Notes)
Before initiating a suit, it is crucial to determine the appropriate
jurisdiction, and Sections 16 to 20 assist in this process. Once the
suitable location is identified, the next challenge is to decide the specific
court where the suit should be instituted.
Section 1 5 plays a pivotal
role in this decision-making,
focusing on the pecuniary
(financial) jurisdiction of the
court. Section 15 explicitly
states, "Court in which suits
to be instituted: Every suit
shall be instituted in the court of the lowest grade competent to try
it." There are two essential criteria or ingredients outlined in Section
15:

18 19
 1) Court must be the lowest-grade court in the hierarchy, and 1) If A injures B in Calcutta and A resides in Delhi, B can sue A in
2) The court must be competent to try the specific suit. either Calcutta or Delhi.

In summary, Section 15 aims to balance the distribution of crses 2) Similarly, if A defames B in Calcutta and A resides in Delhi, B has
among courts, preventing higher-level courts from being overly the choice to file the lawsuit in either Calcutta or Delhi.
burdened. Simultaneously, it aims to enhance convenience for the Place of Suing for Other Suits : Section 20
parties involved and witnesses who might be required to tesVy in the
section 20 covers cases not addressed by previous rules (from
proceedings.
section 16 to 19). The plaintiff can institute"suits in a court of his choice
based on:

Place of Suing: Territorial Jurisdiction ; ) Where the cause of action arises.

(Sections 16 to 20) 2) Where the defendant resides, carries on business, or works for
gain.
©Reserved with Aasim Yezdani
(Question Format: Short Notes) 3) If there are multiple defendants, the suit can be filed where any of
them resides, carries on business, or works for gain. In such cases,
Suit for Immovable Property : Section (16-18)
court permission or agreement from non-resident defendants is
1) Section 16 specifies that suits related to immovable property, such required.
as recovery, partition, mortgage issues, determination of rights. or
compensation for wrongs, should be filed in the court where the
property is situated. However, there is a proviso that allows filing in Jurisdictional Objections and Bar on suit to set
the defendant's jurisdiction if personal compliance is possible.
aside decree on objection as to place of suing
2) Section 17 allows filing a suit for relief or compensation concerning
immovable property in any court within the local limits where any ©Reserved with Aasim Yezdani
(Question Format: Short Notes)
part of the property is located, as long as that court can handle the
entire claim's value. Section 21 of the Civil Procedure Code deals with objections to
territorial or pecuniary jurisdiction. It states that such objections must be
3) Section 18 addresses uncertainty about jurisdiction. If it's unclear raised in the trial court at the earliest opportunity, and an appellate or
,
which of two or more courts has jurisdiction over the property, any
of them can hear the case after acknowledging the uncertainty.
revisional court will only consider them if there is resulting injustice. The
policy behind Sections 21 of CPC is to avoid reversing judgments on
Suit for Movable Property : Section 19 i.e. Suits for compensation technical grounds unless there is a clear failure of justice. The
for wrongs to person or movables. legislature aims to protect honest litigants from harassment due to
jurisdictional issues.
Section 19 allows a person to institute a suit for compensation for
wrong done to the person or to movable property, where the incicent Essentials for Section 21 application:
occurred or where the defendant resides, works, or carries on business.
i) Objection raised in trial court promptly.
For instance,
2) Raised at the earliest possible stage.
3) Resulted in a failure of justice.

20 21
On the other hand, Section 21 A prohibits challenging the validity of a
decree based on objections to the place of suing at an Topic 4
appellate/revisional stage. This was inserted to prevent filing new suits
to set aside decrees on jurisdictional grounds. Garnishee Order
Explanation of Section 21 A (Order 21 Rules 46-A to 46-1)
1) No suit challenging a decree based on objections to the place of Garnishee Orc:[Link]
suing is allowed.
©Reserved with Aasim Yezdani
2) "Former suit" refers to a prior decision, regardless of when it was (Question Format : Short Notes)
initiated.
A Garnishee Order, governed by Rule 46 of Order 21 of the Code of
In summary, Sections 21 and 21 A aim to streamline the r:irocess, Civil Procedure, 1908, was introduced by the CPC Amendment Act of
emphasizing early objections and preventing challenges to jurisdiction 1976. The term "Garnish" is derived fr0m the French word 'garnir,'
at later stages. meaning to warn or prepare. A Garnishee is a person indebted to the
judgment debtor. Section 2(10) of CPC defines a judgment debtor as
one against whom a decree has been passed.
Garnishee Order : This court-issued order Rozy Shumaye/a Aasim
directs a third party to pay a specified
amount directly to the creditor rather than
the debtor. The court may order the
garnishee to deposit the amount in court
instead of paying the debt to the judgment
debtor.
Example : Suppose Rozy owes Rs. 1000 Aozy was dimctad to pay As. 1000
toAasim
to :3humayela and Shumayela owes Rs.
1000 to Aasim. By a garnishee order the court may direct Rozy to pay
Rs. 1000 directly to Aasim, bypassing Shumayela, as Shumayela owes
the same amount to Aasim.
Notice to Garnishee : Rule 46A of Order 21 of CPC outlines
provisions for notice to the garnishee. It allows the court to issue notice,
compelling the garnishee to pay the debt into court or appear to show
cause. The application for this notice must be supported by an affidavit
confirming the garnishee's indebtedness.
Notice Against Garnishee : Rule 468 addresses situations where the
garnishee fails to comply with the notice. The court can order the
gar·1ishee to fulfill the notice's terms, treating the order as a decree
against them.

22 23
3) Exceptions for Urgent Relief: Urgent relief suits can be filed
without notice with court permission, but relief is granted only after
Topic 6
giving the government/public officer a chance to present their case.
Appeals
4) Court's Role: The court ensures that urgent relief is necessary
and may return the plaint if such urgency is not established. Appeals from Orders and Decrees
5) Protection against Dismissal: A suit shall not be dismissec1 for ©Reserved with Aasim Yazdani
notice errors if the plaintiff's details and cause of action are (Question Format : Sho1{Notes)
substantially indicated. An appeal is judicial examination by a higher court of a decision of a
6) Objective: The notice gives the government/public servant an subordinate court to rectify any possible errors in the order under
opportunity to review their legal position and make amendments if appeal. The law provides the remedy of an appeal because of the
advised. recognition that even judges can make mistakes, and the law wants a
way to correct them.
Important Points
Section 96 of the Civil Procedure Code pertains to appeals from
1) Section 80 applies to various types of suits, including injunctions, original decrees i.e First Appeal and outlines the following points.
declarations, and damages.
1) General Appeal : In the absence of specific provisions to the
2) It does not apply to writs filed before the High Court or Supreme
contrary, an appeal is allowed from every decree issued by a court
Court. with jurisdiction.
3) The notice must include the person's name, description, place of
2) Appeal against Ex Parte Decrees : An appeal may be filed even
residence, cause of action, and relief claimed.
in cases where the original decree was passed ex parte, meaning in
In simple way, Sections 79 and 80 of the CPC establish the procedures the absence of one of the parties involved.
and notice requirements for lawsuits involving the government or public
3) Appeal against Consent Decrees : No appeal is permitted if the
officers, ensuring fairness and an opportunity for resolution betore decree was passed by the court with the consent of all parties
litigation.
invo,·,ed.
4) Small Causes Courts : Appeals are limited to questions of law for
suits in small causes courts, provided the value is over Rs. 1 0, 000.
In simple way., Section 96 of the CPC establishes the general right to
appeal from original decrees, specifies conditions for appeals in ex
parte situations and consent decrees, and imposes limitations on
appeals for small causes courts based on the amount or value of the
subject matter.

26 27
3) Good Faith: Amendments must be requested in good faith. fact
4) Compliance with Time Limits: Proposed amendments must meet in this case, Manohar Lal, son of Jai Jai Ram, filed a lawsuit against
court deadlines. National Building Material Supply to recover money for timber supplied.
Essential Conditions for Granting Amendment of Pleadings The action was initiated in the name of "Jai Jai Ram Manohar Lal," the
name under which the business operated. The defendant argued that
While granting amendment of pleadings, Court considers certain the plaintiff is an unregistered firm and therefore not competent to sue.
essential conditions which are mentioned hereinafter. So, plaintiff requested permission to amen,d the complaint, seeking to
1) No Injustice to Other Party: Amendment should not unfa'rly rarm identify himself in the case title as "Manoh�r Lal, proprietor of Jai Jai
the opposing party. Ram Manohar Lal."
2) Necessary for Determining Real Controversy: Proposed Issue
amendment must be essential to resolve the actual dispute. VVhether plaintiff should be given a chance to amend his complaint
Refusal to amend pleadings occurs under specific circumstances under these circumstances ?
Courts may reject amendment of pleadings if they are unnecessary Lower Court Decision
or introduce a whole new case or seem unfair or violate rights of other The Subordinate Court granted leave for this amendment. However,
party or create unnecessary complications or involve excessive delay or the High Court contended that the action was initiated in the name of a
alter the nature of case significantly or have a malicious intent or if non-existing person, and the subordinate judge lacked competence to
parties missed earlier chances for changes. grant the amendment.
Supreme Court Observation & Decision

Jai Jai Ram Manohar Lal v. National Building Supreme Court held that a party should not be denied rightful relief
due to mistakes, negligence, or procedural errors. The court asserted
Material Supply Co., AIR 1969 S.C. 1267 that it typically allows amendments to pleadings unless there is
©Reserved with Aasim Yezdani evic!ence of malicious intent or if the mistake has caused irreparable
[Theory: Involved Amendment of Pleadings (Order 6, Rule 17 of CPC, 1908)] harm to the opposing party. In the present case, Supreme Court found
no malafide intent or irreversible harm caused by the plaintiff's error.
Therefore, the Supreme Court allowed the amendment to the lawsuit
title, emphasizing the principle that parties should not be deprived of
justice based solely on procedural lapses.

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48 49
and it depends on circumstances. Finally High Court allowed Fact
amendment by saying the relief claimed by plaintiff is not time barred
1'1 this case, the suit was initially filed in the lower court seeking a
and by the proposed amendment no vested right of the respondent
mandatory and prohibiting injunction, claiming the appellant-defendant
would be hampered. Along with it, High Court laid down certain principle was a licensee. However, the Lower Court held that he was a lessee,
while dealing with application of amendment of pleading.
not a licensee. In the Supreme Court appeal, the appellant sought to
1) All amendments should be allowed which are necessary for amend the written statement, asserting that if he was not a lessee, he
determination of the real controversies in the suit. should be given benefit under Section 60(b) of the Indian Easements
2) Proposed amendments should not cause prejudice to the other side Act, 1882.
which cannot be compensated by means of costs. Issue
3) Amendment of a claim or relief barred by time should not be 1) Is the amendment to the written statement just and valid?
allowed. 2) Does the amendment cause irreversible legal damage to the
4) No amendment should be allowed which amounts to or results in defendant?
defeating a legal right to the opposite party on account of lapse of
Supreme Court Observation & Decision
time.
Supreme Court granted leave and allowed the appeal, setting aside
5) No party should suffer on account of the technicalities of law and the previous orders. The court permitted the appellant-defendant to
the amendment should be allowed to minimise the litigation
amend the written statements to include the plea under Section 60(b)
between the parties.
of tl1e Indian Easements Act, 1882. However, this allowance was
6) Error or mistake which if not fraudulent should not be made on subject to the condition that the defendant pays all arrears related to the
ground for rejecting the application for amendments of pleadings. license fee. Along with it, Supreme Court laid down certain principle
whi:e dealing with application of amendment of pleading.
1) Courts while deciding such prayers should not adopt hypertechnical
B.K. Narayana Pillai v. Parameswaran Pillai, approach.
(2000) 1 sec 112 2) Liberal approach should be the general rule particularly in cases
©Reserved with Aasim Yezdani where the other side can be compensated with the costs.
[Theory : Involved Amendment of Pleadings (Order 6, Rule 17 of CPC, 19G8)] 3) Tech,1icalities of law should not be permitted to hamper the Courts
in the administration of justice between the parties.
For Judicial and
Semester Exam 4) Amendments are allowed in the pleadings to avoid multiplicity of
•" Exam Pressure litigation.
i@iiiMIA
Avoid Hyper Technical Approach on Note : Above 4 Points are more important than fact, issue and
--: Amendment of Pleadings:••-·· Judgement of this case for Law Faculty, DU Exam.

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52 53
ONGC Ltd. v. State Bank of India, AIR 2000 SC 2548
Topic 14
©Reserved with Aasim Yezdani
[(Theory Involved: Summary Procedure (Order 37, Rule 1 to 4)] Temporary Injunctions and Interlocutory
Fact Orders
In this case, ONGC (appellant) entered into a contract with Saipem,
Italy (contractor) for the construction of undersea pipelines, with a Injunction and Types of)njunction
specified completion period. The contract included provisions for ©Reserved with Aasim "1ezdani
liquidated damages if the contractor failed to meet deadlines, and a (Question Format : Short Notes)
bank guarantee was required to cover these damages. The respondent,
State Bank of India (SBI), issued an unconditional bank guarantee.
After a delay of more than 300 days, ONGC assessed liquid2ted [!];.=J�[!]
��· -
damages and requested the contractor to extend the bank guarantee,
which the contractor failed to do. ONGC then asked SBI to credit the :}i""J r · ��
guarantee, but SBI, citing various reasons, refused. So, ONGC filed a
Summary Suit under Order 37 of CPC, 1908 for its enforcement.
Through various legal procedures, SBI succeeded to procure
unconditional leave to defend by High Court. So, ONGC appealed
[!][ffl
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before Supreme Court. An injunction is a Court order telling someone to do or stop
_ doing
something to prevent future harm. Ad interim injunction tempor
Issue arily
maintains the current situation until the case is fully resolved, and it
can
Whether the High Court was justified in granting unconditional leave be requested by both the person filing the lawsuit (plaintiff) and
the
to defend to SBI. person being sued (defendant).
Supreme Court Observation & Decision Types of Injunctions
Supreme Court found that the defense raised by SBI was baseless, In lt·gal terms, there are two types of injunctions:
and there was no valid reason for granting unconditional leave to
1) Permanent Injunction
defend. The court rejected the High Court's order, stating that the only
basis for SBl's defense was an injunction obtained in the(r favour from 2) Temporary Injunction
the Italian Court, which had no relevance to the bank guarantee. The A Permanent Injunction is granted after a trial concludes,
court vacated the order and dismissed SBl's application for leave to restraining a party forever from a specified act (regulated by the
defend, allowing ONGC's appeal. Specific Relief Act, 1963). On the other hand, a Temporary or Interim
Finally, Supreme Court held that, unless fraud is proven, an Injunction is granted until the suit is decided or the court issues further
unconditional bank guarantee should be honoured, and SBl's defence orders (regulated by Order 39 of the Code of Civil Procedure, 1908).
lacked merit. The order of granting unconditional leave to defend was On ground of nature, there are two types of Injunctions.
deemed erroneous, and the appeal was allowed.
1) Preventive Injunction

68 69