CPC

CPC has 158 Sections and 51 orders Procedural law (Came into force from 1908) Every
decree is an order but every order is not a decree.

Section 2 (2) DECREE: The term decree has been defined under SECTION-2(2) of
CPC. Decree means an order of judgement of Court to enforce the legal right of the
person. When a decree is passed in favour of a Plaintiff, then he is called a decree holder. A
person against whom a decree is passed is called a Judgement debtor.

TYPES OF DECREE

1. Preliminary decree - Passed after brief hearing of both the sides.

2. Final decree - Disposal of the civil suit.
3. Ex parte decree - When any matter is urgent, a decree may be passed by hearing only
the plaintiff, then it is called an ex parte decree.

Examples of a decree include: decree of divorce, decree of restitution of conjugal right, and
decree of attach property.

Order may be to file the document, to pay the penalty, or to produce the witness.

→ FOREIGN JUDGEMENT SECTION 2(6) When any judgement is given by the court of
any other Country, then it is called a foreign judgement. Such judgement is having legal
validity, even in India, unless it is contrary to legal provisions in India.

 Example: Husband & Wife have taken divorce in America; the decree of divorce is
called a foreign judgement and it is having legal validity even in India.

→ GOVT. PLEADER SECTION 2(7) A Government Pleader means an advocate appointed

by the state or central government in the Court. Such an advocate represents for or against
cases held by the government. The respective government makes payment of remuneration to
the government pleader. All cases by or against the government are represented by the
government pleader in the court.

→ JUDGEMENT SECTION 2(9) Judgement means a decision given by the court after
hearing of both the sides. Whenever the court passes any judgement, then it is executed by
the same Court. If any party is not satisfied by the judgement, he can file an appeal in a
superior Court having jurisdiction. A judgement given in appeal by the superior Court, is
binding on the subordinate court.

LEGAL REPRESENTATIVE SECTION 2(11) Any civil matter will not come to an end
after the death of the plaintiff or defendant. Whenever there is a death of any party during the
pendency of the case, it should be pursued by his legal representative. A legal
representative is the person who comes into the shoes of the deceased person and includes
his son, daughter, wife, adopted son, guardian, etc. Any Judgement of the Court is
enforceable against the legal representative.
→ MESNE PROFIT SECTION 2(12) When anybody continues possession contrary to an
agreement, then it is called wrongful possession. If anybody continues wrongful possession,
the owner has the right to claim mesne profit, which is based on the present market rate.

 Example: 'A' leased a shop to 'B' for 2 years with a rent of 5000 rps per month. If the
lessee continues possession for 6 more months after the expiry of the lease period, the
lessor has the right to claim mesne profit, and it is the rent at the present market rate.

ORDER-1 PARTIES TO SUIT

1. Joinder of parties.
2. Misjoinder of parties.
3. Non-joinder of parties.
4. Impleading of parties.

In every suit, there are a minimum of 2 parties: plaintiff & defendant. The person
who files the case is called the plaintiff or petitioner. The party against whom the
suit is filed is called the defendant or respondent.

1. Joinder of parties occurs when there are more numbers of plaintiffs or more numbers
of defendants in the same matter.
2. Misjoinder of parties occurs whenever irrelevant parties are added by the
plaintiff. The irrelevant party can appear in court and ask for his relevancy, and if the
Court finds no relevancy, it can pass an order to delete the party.
o Example: A married woman files a divorce case against her husband and his
father & mother are parties. As the parents have no relevancy, the Court can
order to delete them because there is misjoinder of the party.
3. Non-joinder of the party occurs whenever a relevant party is not added. A petition
can be filed in Court to grant permission to add the party, and the Court may grant
permission if there is relevancy.

JOINDER OF CAUSE OF ACTION Whenever the Cause of Action has relevancy, the
court may grant permission for more Cause of Action in the same suit.

 Example: A wife files a divorce petition against her husband and in the same case,
she can add 10,000 rps for maintenance from her husband. The relevant Cause of
Action can be added in the same suit and it is called as Joinder of Cause of Action. (In
a divorce case, one can claim the cost of litigation or custody of children also.)

IMPLEADING THE PARTIES The Court may grant permission to a relevant party to be
added as a petitioner or the respondent. It is not necessary to file a separate case, and the
Court may grant such permission.

REPRESENTATION PARTY Whenever there is a case against a legal person (company,

corporation, institution), the party filing the case shall represent on behalf of the legal
person. The designation of the officer who is supposed to represent the case shall be
mentioned.

 Example: 'A' files a case against a bank, he has to mention "represented by the
manager of the bank" and not his personal name.
CASE AGAINST INCOMPETENT PERSON For incompetent persons, such as
a minor or a person of unsound mind, their guardians are the representatives who are
supposed to represent on behalf of the incompetent person.

→ SUIT Any written document relating to facts or relief claimed by the party is also called
a petition. The enforcement of a legal right is called a suit. (e.g., recovery suit, divorce
petition) .

→ FRAMING OF THE SUIT ORDER-2 The suit or petition should be framed in such a
way that further litigation should not arise in the same matter. It means all material facts
which have relevancy with the case have to be mentioned in the suit.

Contents of a Suit:

1. Name of the court where it is being filed (e.g., District Court Hyd, Court of Ist
assistant civil judge Hyd, Munsif judge at Hyd).
2. Suit No. & Year.
3. Details of parties (Name, father name, Age, Occupation, Address of both Plaintiff
and Defendant).
4. Suit is drafted in paragraph (objection can be written).
5. Relief has to be written (one or more relief can be claimed).

All the joinder of parties have to sign as they are filing a common suit. The plaintiff has to
enclose a list of all relevant documents and the list of witnesses with their address. More
no. of copies have to be enclosed so that the judge and every defendant may get the copy of
the plaint.

 Example: If a Bank files a recovery suit against 4 partners, then each partner will get
a copy and one copy is for the judge.

The copy of the Judges should be properly visible on ledger paper. The Advocate has to file
his Vakalatnama with his signature.

REPRESENTATION OF THE CASE ORDER-3

 The power of attorney is the person to whom the power is given to represent before
the court on behalf of an old age person or others. It can be given by the plaintiff.
 An Advocate is an authorized person on behalf of the plaintiff or defendant to
represent the Case in the court.
 An Advocate can bring every person in the witness box except the President,
Governor, and Ambassador.

INSTITUTION OF SUIT ORDER-4 A suit or petition is filed in the administrative section,

and the concerned officer makes entries in the civil suit register and gives a particular
no. The register records the serial no., names of parties, date & time of filing the case,
relevant documents, and cause of action. It works till the disposal of the case. In urgent
matters, the judge can pass an interim order or injunction order.
RES JUDICATA & RES SUB JUDICE (SECTION 11 & 12) Cases with the same
parties and same cause of action should not be filed in more than one Court, even though
there is jurisdiction.

→ OBJECTS OF RES JUDICATA

1. To prevent judicial harassment on the opposing party by filing more cases.

2. To prevent the waste of time of the parties and the Court.
3. To ensure that litigation should not be expensive.
4. To avoid difficulties in executing the judgement if the Court gives descending
judgements.

→ EXCEPTIONS (Where Res Judicata doesn't work)

1. Different parties (even though the cause of action is same).

2. Parties are same, but the cause of action is different.
3. Cases filed in different courts (Withdrawal of cases).
4. Compromise between parties.
5. Rejection of plaint.
6. Appeal (SECTION 96 of CPC).

RES SUB JUDICE No case should be decided by the Superior Court if it is pending in the
subordinate Court having proper jurisdiction. The S.C. directs subordinate courts to dispose
of the case and pass an appropriate order within 15 days or 1 month.

CONSTRUCTIVE RES JUDICATA

1. Whenever the court delivers a judgement, the aggrieved party can go on an appeal but
cannot file a case second time in the same matter.
2. Wherever a decree is executed and there is less recovery, the decree cannot be
executed again second time.
3. Whenever the Court has no jurisdiction, the Court should not entertain and dispose of
that case.

DIFFERENCE BETWEEN RES JUDICATA & RES SUB JUDICE

 Res Judicata is applicable at the time of filing only, but Res Sub Judice is applicable
in a pending case.
 Res Judicata brings a restriction on the plaintiff, and Res Sub Judice brings a
restriction on the Superior Court.
 The object of Res Judicata is to save the time of the Court and the party. The object of
Res Sub Judice is to maintain the dignity & decorum of the subordinate Court.
 In Res Judicata, there are many defences, and in Res Sub Judice, there is no defence
except due direction.
 In Res Judicata, the objection can be raised by the defendant or the court, whereas in
Res Sub Judice, it can be raised by the subordinate court.

JURISDICTION OF CIVIL COURT (SECTION 6) There are 5 kinds of jurisdiction

placed under CPC:
 1. Original or territorial jurisdiction. Any civil case has to be filed in the court of
original Jurisdiction.
o Basis for filing a case: Where cause of action arose , Where property is
situated , or Where a contract has taken place.
o Example: A car from Mumbai driven in Hyderabad met with an
accident. Under vicarious liability, the case can be filed in Hyderabad as the
cause of action arose there, and compensation is claimed from the owner of
the car.
2. Appellate jurisdiction.
3. Pecuniary jurisdiction - (money matter). Any matter below 50,000 Cause of Action
must be filed in the munsif court or sub civil or district court. H.C. to S.C. matter
should be above 20,000 rps.
4. Extraordinary jurisdiction. Provided to women: wherever they are residing, the
divorce or maintenance case can be filed.
5. Specific Jurisdiction.
o Taxation matter goes to a tribunal, not a civil court.
o Service matter goes to the Service tribunal.
o Land grabbing matter.
o Railway compensation claim.

WRIT PETITION Under SECTION 226 of the Constitution, a writ petition can be filed in
the High Court. Under SECTION 32 of the Constitution, a writ petition can be filed in
the Supreme Court (S.C.). Lower court has no power to entertain any writ petition; it is only
the jurisdiction of the H.C. and S.C. only.

SUMMONS (ORDER-5) A Summon is an intimation of the courts for the appearance of the
parties. It is issued to the plaintiff as well as the defendant.

CONTENT OF SUMMON The summon is a complete printed proforma, including:

1. Name of the (Munsif) Court.

2. Suit no. & Year.
3. Name of the party.
4. Language.
5. Date & time of (Summon) appearance.
6. A Summon is signed by a court official. A warrant issued by a Criminal Court is
signed by a magistrate.
7. Stamp of the court.

If there are more numbers of parties, the court will give different Summons.

HOW SUMMON IS SERVED

 If the party is residing nearby, the personal messenger gives the Summon personally
and gets the sign on the duplicate copy and produces it in court.
 If the party is not available, then the summon can be issued to any adult member of
the family.

 If no one is available at home, the messenger comes again.

  If the party refuses to take the Summon, the summon will be attached to the door or
wall of the party's house in a conspicuous (visible) place. The sign of 2 locality
person will be taken on the duplicate copy and submitted in court.
 If the party changes address, the plaintiff must find the new address and file an
application in the court of the defendant so that a summon will be issued on the new
address.
 If the party disappears, the Summon will be issued in newspapers by order of the
court (Substituted Service).

TO WHOM SUMMON IS SERVED

1. If the relevant party is not available, it can be served on any adult member of the
family more than 18 years of age.
2. Summon against a partnership firm is issued to any partner.
3. Summon against wakf is served to a motawalli.
4. Summon against a trust is issued to any trustee.
5. Summon against an institution is served to the head or secretary of the institution.
6. Summon against a company is served to the director or secretary of the company.
7. Summon against a minister is issued to the P.A. or secretary.
8. Summon against an employee is issued to the employer.

If the plaintiff doesn't appear in the court even after serving a summon more than 3 times,
that is non-compliance of the summon by the plaintiff and is a ground to dismiss the case. If
the plaintiff appears again and gives a sufficient reason, then the dismissal is set aside and the
hearing goes on.

Whenever the defendant fails to appear at least 3 times, the Court will make a hearing for the
plaintiff and pass an appropriate order called an ex-parte order or ex-parte decree. Before
the execution of the ex-parte decree, if the defendant appears and gives sufficient reason, the
court has the power to set aside the decree and start the hearing (under Order 13).

→ 151 CPC Inherent powers of the court Whatever power is not written in other sections,
Section 151 gives powers to the judge to pass appropriate orders and entertain matters in the
interest of justice. It is a very powerful section of the CPC.

A Summon issued to a witness is then the plaintiff's responsibility to get the witness.

→ PLEADING ORDER-6 Every civil matter is initiated by pleading. The party who wants
a remedy has to go to court on itself. Pleading means the plaint filed by the plaintiff and
the written statement filed by the defendant; therefore, pleading includes the plaint as well
as the written statement. Pleading should be done in a way that further litigation should not
arise in the same matter. It means all material facts which are relevant to be specified in the
plaint, because no amendment in the plaint can be done without the permission of the judge.
Details of pleading have been given in Order-6 of CPC.

→ PLAINT ORDER-7 The plaint or petition is a written document filed by the party to the
court to obtain a remedy. The party who files the plaint is called the plaintiff, and the party
who files the petition is called the petitioner. The plaint or petition has to be filed in the court
having jurisdiction.
→ CONTENT OR REQUISITES OF PLAINT

1. There should be the name of the court at the top of the Plaint where it is being filed.
2. The Suit no. or Petition no. & Year is given by the Court official after making
entries in the civil suit register.

3. In the plaint, there should be the name, Father Name, age, occupation, and
address of the plaintiff. If more numbers of plaintiffs are filing a common plaint, then
similar details have to be given for all the plaintiffs.
4. There is a word 'Versus' after the details of the plaintiff.
5. The plaintiff has to mention the name, Father Name, age, occupation, address of
the defendant. If there are more numbers of defendants against whom common cases
are filed, then there should be similar details of all the defendants.
6. There is an introductory sentence in which it is submitted that the plaintiff above
named makes the following submission before this honourable court.
7. The plaint or petition has to be drafted in paragraph and every para is to be given a
separate serial no.
8. All material facts are to be brought on record in the plaint.
9. Facts should be arranged in sequence.
10. The plaintiff has to mention in the plaint some common points and those are:
1. Honourable court has jurisdiction.
2. Suit is within the limitation period.
3. Court fee paid by the plaintiff.
4. When the cause of action arose.

3. After mentioning all the above points, the plaintiff has to claim one or more reliefs. It
is called the relief clause or prayer clause. Such relief should have relevancy relating
to the facts of the case.
4. After mentioning all the above points and the claim of relief (which is also called the
prayer clause), the plaintiff has to put his signature at the right side of the plaint, and
the advocate has to put a sign at the left side of the plaint.
o If more numbers of plaintiffs are filing a common plaint, then all of them have
to sign it.
5. The plaintiff has to enclose an affidavit with every plaint. In the affidavit, the plaintiff
makes a declaration that all facts and contents are true and correct to the best of his
knowledge and information given by his counsel.
6. After the declaration in the affidavit, the plaintiff has to sign at the right side, and the
advocate has to sign below that at the left side. The signature of the court official who
entertains the plaint with the date & place is also there.
7. The plaintiff has to enclose more copies of the plaint so that every defendant and the
judge may get the copy.
8. The plaintiff has to enclose all relevant original/copies of the documents which are
necessary to prove the facts mentioned in the plaint. It is called a list of documents.

If any document or documents are not submitted at the time of filing the plaint, then it can be
submitted afterwards when the proceeding starts in court by the permission of the judge.
The plaintiff has to enclose a list of witnesses with their addresses. The court may issue
summons to the witnesses at a later stage of the proceedings to conduct their chief and cross-
examination.

→ RETURN OF THE PLAINT A plaint can be written back if:

1. There is no jurisdiction of the court.

2. There is no signature of the plaintiff or his advocate.
3. The court fee is not paid (court fee is an adhesive stamp form).
4. Relief not claimed.
5. Limitation period is over (Limitation Act 1963).
o Contract matter - 3 years limitation.
o Easement right - 12 years.
o Cheque bouncing - within a 1 month notice should be issued under the
negotiable instrument act.

→ REJECTION OF PLAINT The officer can return the plaint, and the judge can reject the
plaint. Grounds for Rejection:

 When the delay period is not condemned by the court.

 Court fee is inadequate or insufficient.
 Parties on no locus standi.
 PIL can be entertained without locus standi.

→ AMENDMENT IN THE PLAINT File an amendment petition in the court to amend the
plaint. By hearing both sides, if the judge finds that the amendment will not "vicious" the
purpose of the proceeding, then permission will be granted; otherwise, it can be rejected by
the court.

→ WRITTEN STATEMENT The Court has to ensure a copy of the plaint is issued to the
defendant. If there are more numbers of defendants, all should get a copy of the plaint; only
then can further proceeding be initiated in the case.

In 2002 amendment, it was done that the defendant has to file the Written Statement (WS)
within a 1 month period.

→ CONTENT OF WS

 The WS should bear the same name of the court, the same no. of case, and the same
details of the parties because the WS is filed in the same court where the plaint or
petition has been filed.
 The WS contains admissions or denials relating to all facts mentioned in the plaint.
 The defendant shouldn't be silent on any fact; if he is silent or didn't admit or deny
any fact, then it may be presumed that he has admitted it.
 The defendant can also mention objections in the WS.
 The defendant should also mention a relief clause.
 Mention additional points / adverse remarks.

 Signature of the defendant right side and his advocate left side.
  Along with the plaint/WS, an affidavit with a verification is enclosed. The
verification is where the defendant has to declare that the facts and contents in the WS
are true and correct.
 Again, the signature of the defendant & advocate.

Deposition - A Verbal Statement taken by the court and his sign.

Deponent - Who gave the deposition.

 Signature of the court official on the left side with date and place as he entertains the
WS.
 The defendant has to enclose duplicate copies for the plaintiff and the judge.
 The defendant should enclose a list of documents.
 The day of the defendant is called a contention.
 More no. of copies.
 List of witnesses.

The pleading is completed when the plaint is filed and the WS is filed by the opposing party.

→ PURPOSE OR OBJECT OF SET OFF

1. Two cases are decided in the same hearing, and there is no need for the defendant to
file a separate suit for the recovery of his amount against the plaintiff.
2. Set off is convenient because it saves the time of the Court as well as the parties.
3. Set off is necessary to reduce the burden of cases on the Court.
4. Litigation becomes less expensive because there is no need for the defendant to file a
separate recovery suit against the plaintiff for his unpaid amount by the plaintiff.

→ KINDS OF SET OFF

1. Legal Set off

o In legal set off, the claim and counter claim are only in terms of money. If the
plaintiff has given a loan to the defendant, and he also owes some amount to
the defendant, it is convenient for the court to do a set off because the claim &
counter claim are only in terms of money.
2. Equitable Set off
o In this, the opposite party has given some articles or goods to the plaintiff. In
such a set off, the defendant has to prove the price of the goods or articles
given by him to the plaintiff.

 After that, the Court may do a set off and pass a decree for the balance of the amount.
o Example: 'A' has given 50,000 rps loan to 'B' and filed a recovery suit. 'B' has
given 10 bags of rice to the plaintiff on credit. 'B' has to prove the price of the
rice bags, and after that, the court may pass a decree of set off.

CONDITIONS NECESSARY FOR DECREE OF SET OFF

1. The defendant has to mention in the WS about his counter claim amount and pray for
the relief of set off.
 2. The claim and counter claim should be within the jurisdiction of the same Court. If
the counter claim is in some other jurisdiction, then the defendant has to file a
separate recovery suit against the plaintiff in the respective court which has
jurisdiction.
3. The counter claim of the defendant also should be within the limitation period. If the
counter claim is barred by the limitation period, the court can reject to pass a decree
of set off.
4. When the counter claim amount of the defendant is exceeding the claim amount,
the court cannot allow set off. Any claim should be for the whole amount and not a
partial amount.
o Example: If 'A' filed a case for 1 lakh rps against 'B', and the counter claim
amount of 'B' is 2 lakh rps, the court cannot pass a decree of set off because
the counter claim amount is exceeding the claim amount. In such a case, the
defendant has to file a separate recovery suit against the plaintiff.

5. The counter claim amount of the defendant should not be a void or voidable
contract entered into with the plaintiff. A void contract is not enforceable in court,
and a voidable contract can be declared as invalid.
6. When there is a counter claim of the defendant, and the plaintiff admits it, the court
can easily pass a decree of set off. If the plaintiff denies the counter claim of the
defendant, the court may direct the defendant to prove his counter claim. If the
defendant proves it, the court will pass a decree of set off. If the defendant fails to
prove the counter claim, the court may reject his contention of set off and only pass a
decree in favour of the plaintiff about his claim amount.

→ FRAMING OF ISSUES ORDER-14 The term Issue means the points of conflict or
dispute between the plaintiff and the defendant. In any civil matter, the judge has to frame
one or more issues and deliver the judgement on all the issues. Issues can be framed by the
judge at any stage of the proceeding.

 Example 1: 'A' filed a recovery suit against 'B' to claim 1 lakh rupees loan. 'B'
mentions in the written statement that he has given only 50,000 rps loan. The judge
has to frame the issue of whether the loan amount is 1 lakh or 50,000 rps.
 Example 2: 'A' says that he has given the loan on 12% per annum rate of interest. 'B'
makes a submission in his WS that it is a hand loan and no interest has been fixed
between them. The judge has to frame the issue of whether the loan has been given on
interest or without interest. This point also has to be decided in the judgement because
it is a point of dispute between the plaintiff and the defendant which the judge has to
decide when the judgement is delivered. If issues are not framed, it is not a ground to
vitiate the proceeding. By framing the issues, the judge may know the scope of his
judgement because he has to confine his judgement to all the issues which he has
framed.

→ KINDS OF ISSUES There are 2 kinds of Issues:

1. Issue of law.
2. Issue of fact.

1. Issue of law
 o Relating to jurisdiction, limitation period, and court fee.
o The petitioner mentions that the honourable court has jurisdiction. The
respondent mentions in the WS that the honourable court has no jurisdiction to
entertain & dispose of the petition.
o An Issue of law before the judge is whether the honourable court has
jurisdiction or not. If there is jurisdiction, the judge has to entertain and
dispose of the petition. If there is no jurisdiction, the judge can reject the
petition, and in such case, the petitioner has to file it in the court having proper
jurisdiction.

Whenever there are Issues relating to law as well as fact, the judge has to decide the Issue of
law on a priority basis. After deciding the Issue of law, the judge can decide the Issue of
fact.

2. Issue of fact
o Whenever there is a dispute between the petitioner and the respondent on
any fact or facts, then it is called an Issue of fact.
o After that, the judge can decide about the payment of salary and deliver the
judgement.

→ Appearance of parties, examination and consequences of non-appearance (Order-

10) When a plaint is filed in the court, after some period, the judge may fix the date & time
for the appearance of the plaintiffs as well as the defendants. If there are more numbers of
plaintiffs & defendants, everybody will be issued a separate Summon.

When there are more numbers of parties and one of them appears, the court can still conduct
the proceedings of the case. Such a party can also file a petition. Before the commencement
of the hearing, the court has to ensure that all parties received the summon. If the advocate of
both sides appears in the court, the court can proceed to conduct the hearing even though the
parties are absent.

 If any party remains absent for appearance in the court and the other party is present,
it is the discretion of the Court to order the absent party to pay a reasonable cost to
the party who appeared in the court.
 If any party has urgent work and is unable to appear in the court, such intimation can
be given in advance either by the party or his advocate. In that case, the court will not
order to pay the cost.

When a party appears in the Court, the judge may conduct chief
examination or examination-in-chief. The purpose of this examination is to bring all
material facts to the notice of the judge so that he may get a clear picture of the case. In the
chief examination:

 An oath is administered to the party.

 Introductory questions are asked in the beginning.
 After that, material questions about the facts of the case are asked to the party.
 The chief examination can be conducted in a summary manner or in
a question/answer manner as directed by the advocate.
 The explanation given in the chief examination is recorded point-wise by the judge
so that he may get information about the particular case.
When the chief examination is over, the judge may give an opportunity to the opposing
party's advocate to conduct cross-examination. This examination may be conducted on the
same day or the court may fix some other day to conduct the cross-examination.

 In the cross-examination, there is no need to administer an oath and ask introductory

questions again; it is always conducted in a Q & A manner.
 In the cross-examination, the opposing party's advocate may expose the party by
bringing his bad record to the notice of the court. He may put a question and pray to
the court to note down all the contradictions and omissions in the statement of the
parties.
 In the cross-examination, the oath is taken into writing by the court, and it is called
a deposition. The party is called the deponent. The signature of the deponent is taken
on the paper after his cross-examination.

When a summon has been served to the plaintiff but he didn't appear in the court, even
though the court has done the adjournment of the case several times, the court can dismiss the
case for default of the plaintiff. If the plaintiff appears within a 3 months period and gives a
sufficient reason for non-appearance, the court may start the hearing of the case if satisfied.

If the plaintiff appears but the defendant makes default several times, the court may decide
the case by hearing only the plaintiff, and it is called an ex parte decision or judgement. If
the defendant appears again and gives a sufficient reason for non-appearance within a 3
months period, the court can set aside the ex parte judgement and again start the hearing
of the case.

→ ORDER-13 PRODUCTION, IMPOUNDING, & RETURN OF DOCUMENTS

DOCUMENT

Documentary evidence is the best time of evidence because it is in a permanent form. A

document includes a letter, writing, photo, map, audio & video, or anything which is
permanent. Both parties are allowed to produce any number of relevant documents to prove
or disprove the fact specified in the plaint and written statement.

→ PROVISIONS OF PRODUCTION OF DOCUMENTS

1. The plaintiff can enclose any number of relevant documents along with the plaint or
petition. The list of documents is to be enclosed by giving a serial number, called
an exhibit no. (1, 2, 3, etc.).
2. The defendant can also enclose all relevant documents to disprove the fact mentioned
in the plaint. He has to enclose a list of documents by giving a serial no., and the
documents are arranged in sequence.
3. Both the parties can also produce relevant documents when proceedings are initiated,
but documents must be produced before the framing of the issues.
4. The Court always prefers original documents to be filed by the parties. If there is any
valid reason for not producing the original document, the Court may grant permission
to produce a copy of the original document(such as a photo copy, attested copy,
certified copy). The valid reasons for not producing the original document include:
the document is in the possession of the other party, it is a public record, and some
 period is required to obtain the document. If the document is not traceable right now,
the Court may grant permission to produce the original document afterwards.
5. If the original document is in the position of some other party, the Court may order
the party to produce it within a specified period.
6. Some documents are the same as the original and copy, such as a photo taken from a
negative, a newspaper print, a pamphlet, and audio & video. The audio & video is
also an original document.
7. If a document is a material object, then a photo can be produced as a document. For
example, for a defamatory statement written on a wall, a photo of the statement can be
produced as an original document.
8. When the plaintiff has enclosed all relevant documents, the defendant's advocate has
to make an inspection of the document on record. If the defendant has enclosed the
documents, the plaintiff can make an inspection of the documents. If any party wants
a copy of the document, the Court may provide it, and the party has to pay the costs to
obtain a copy of the document.
9. The Court may fix the date for marking of the documents. On that date, the court
will examine all the documents and put an initial as "admitted," which is called
the endorsement of the judge. If any document or documents are irrelevant, the
judge may make an endorsement as "rejected" and return it to the respective party.

10. When there is marking of the document, the opposing party can raise an objection
relating to any document, such as if it is not handwriting or not his thumb
impression or not his signature. Whenever an objection is raised, it becomes an
issue for the judge to be decided afterwards, whether the document is genuine or not.
If the opposing party didn't take an objection relating to any document, then it
is deemed to be accepted by the opposing party.
11. If a document is relating to any public or government record, then on the request of
the party, the court may direct the respective department to produce it within a
specific period. Then the Court may give such information to the respective
department.

→ IMPOUNDING (COMPOUNDING) OF DOCUMENT Impounding of a document

means to keep the document in possession by the Court till the judgement is given in the
case. All these documents are with the file of the respective case till the date of judgement.

→ RETURN OF DOCUMENT OR DOCUMENTS After the judgement, a relevant party

or his advocate can apply to return the documents. The Court may pass such an order, and
both parties may get their documents which they have produced at the time of filing the plaint
or written statement and afterwards.

1. If any party wants one or more documents on the record of the Courts, then
an application has to be filed, mentioning the reason for the return of the document.
Such an application can be filed to return it for a specific period, and it may be filed
again. The application can also mention to return it permanently. Then, the concerned
judge will make an endorsement on the certified copy after verification with the
original document, and it is written back to the party.
2. The judge should be satisfied with the reason mentioned to return the document.
Otherwise, it is kept with the file called the Impounding of the document.
 3. If a document is in one Court and another court also requires that particular document,
the Court may send the document to the other court on the request of the party or the
court.
4. When the Court delivers the judgement, the party or his advocate can file an
application for the return of all the documents. The Court may return it after obtaining
the signature of the advocate or relevant party, called an acknowledgement.

ADMISSIONS ORDER-12 Admission means the acceptance or approval of any fact or

facts done by the opposing party. Whenever there is an admission of any fact or facts, the
Court will not order the party to prove it. Under SECTION 58 of the Evidence Act, it is
stated that admitted facts need not be proved. Wherever documents are enclosed at the time
of filing the plaint and by the defendant with the written statement, the Court may issue
a notice to the opposing party's advocate for the admission of the document. The
opposing party's advocate can make an inspection of the documents enclosed with the file of
the case and gives his admission.

If he denies the signature of his client or thumb impression or handwriting, then such a
document has not been admitted. In such a case, the court may frame the issue of whether the
document is genuine or not. In such a case, the court may take an expert opinion to come to
a conclusion about the genuineness of the document. Any document neither admitted nor
denied is presumed as admitted. Silence amounts to an implied admission.

→ MATERIAL SOURCES OF ADMISSION

1. By Pleading
o Pleading includes the plaint and the WS filed by the respective advocates.
o In the plaint, certain facts are mentioned by the plaintiff, and they claim relief
from the Court.
o The opposing side's advocate files the WS after receiving a copy of the plaint.
In the WS, he may accept certain facts mentioned by the plaintiff, and it is
called an admission.
o When there is a denial of facts in the WS, the burden of proof is on the
plaintiff.
2. By Notice
o Before filing any case in court, the plaintiff may issue a notice to the
defendant through his advocate, called a legal notice.
o The defendant's advocate may give a reply to the notice and accept the fact
mentioned in the notice, called an admission.
o This admitted fact is not allowed to be denied in the Court at the time of
proceeding according to the rule of estoppel, specified in SECTION 115 of
the Evidence Act.

 Example: 'A' issued a notice to 'B' through an advocate that he has given 25,000 rps
loan, and 'B' didn't refund it. If it is not refunded within 1 month from the receipt of
the notice, then he will file a recovery suit in court. In the reply notice, the defendant's
advocate mentioned that his client has taken the loan and he will refund it within 2
months period. This replied notice is an admission of fact that 'A' has given a loan to
'B'.

3. By Notification
 o A notification is published in a newspaper relating to a property
matter against some person or persons. They also publish a reply notice.
4. Examination When a plaint and WS are filed, proceedings are initiated by the court.
There is chief and cross-examination of the plaintiff as well as the defendant. Chief
examination is conducted by the respective advocate, and cross-examination is
conducted by the opposing party's advocate. Answers given to questions during
examination are taken into writing by the Court, and it is called a deposition. Any
fact admitted at the time of examination is an admission of the fact. Example: 'A'
mentioned in the plaint that he has given 30,000 rps loan to 'B', and as 'B' has done
default, he has filed a recovery suit. During the examination, 'A' accepted that he has
given only 20,000 rps loan to 'B'. This is an admission of the plaintiff, for which the
court can pass a decree. The issue will be framed whether the loan amount is 20,000
or 30,000. If the plaintiff proves that it is 30,000, then such a decree may be passed. If
it is not proved, then the decree may be passed for 20,000, which has been admitted
by the plaintiff at the time of examination.
5. Statement of Witnesses Whenever there is a transaction between the parties for
which they have not executed any document, admission done by the witnesses is
also taken into consideration by the court to decide the case. Example: 'A' has given
10,000 hand loan to 'B', who promised to return it within 1 week. There is no
document executed between 'A' & 'B' about the loan transaction because they were
present at that time in the house. If 'C' & 'D' make an acceptance about the transaction,
the court can believe it and deliver the judgement because it is an admission of
witnesses.
6. Statement of Interrogatory means a representative appointed by the court on the
request of a party to submit a report relating to a fact in dispute. His report is an
admission on the basis of which the court may deliver a judgement. Such a person is
called a Commissioner. A report submitted by the Commissioner is treated as an
admission. Example: 'A' sold a plot to 'B' stating that it is 120 square yards. Later, 'B'
filed a case stating the plot is 100 square yards and claimed relief that the court may
declare the contract as voidable on the ground of misrepresentation. The Court may
appoint a Commissioner to go to the spot and make a measurement of the plot and
submit a report. Such a report is an admission of interrogatory on the basis of which
the court can deliver the judgement.

7. Report of Expert
o In some civil cases, it is necessary for the court to take an expert opinion.
Such a report of the expert is an admission, and the Court can decide the case
on the basis of such a report.
o Example 1: A wife files a divorce petition against her husband on the ground
that he is impotent. The Court may take an expert opinion if his report is that
he is impotent, then it is an admission, and the court may grant a divorce. If
there is no such report, the court may reject and dismiss the divorce petition.
o Example 2: 'A' files a document, and 'B' submits that it is not his handwriting
or signature or thumb impression. The Court may take an expert
opinion (such as a handwriting expert, fingerprint expert, or signature expert)
and decide whether the document is genuine or not.
8. Admission on Law Point
o There is an admission of the party on even a law point.
o 'A' filed a case in court against 'B' and mentioned that the honourable court has
jurisdiction. 'B' also accepts that the court has jurisdiction. This is
 an admission of 'B' on the law point related to jurisdiction. If 'B' may not
raise any objection in the WS relating to the point of jurisdiction, then it
is presumed that 'B' has admitted it, called Implied admission.
9. Admission Relating to Documents
o When documents are created between the parties, all facts mentioned in the
document, which is signed by the relevant parties, is an admission.
o It is a base for the court to decide the case by examining admissions in the
relevant document.

 Example 1: A Tenancy deed has been executed between the landlord and the tenant.
In the tenancy deed, it is mentioned that the tenant shall increase the rate by 5% of the
rent every year. Later, the tenant denies it, and a dispute arises between the landlord
and the tenant. By examining the document, the court may order the tenant to increase
the rent because he has done an admission and signed the tenancy deed.
 Example 2: 'A', 'B', 'C' executed a partnership deed and started a business. In the
partnership deed, it is mentioned that all partners will share an equal annual profit
every year. If there is a dispute between the partners to share the profit, the court will
decide it by examining the partnership deed, in which their admission is that they
shall share an equal annual profit, which is their admission.

→ EXECUTION OF DECREE BY THE COURT ORDER 21 (SECTION 36-67) When

the Court passes the decree, it is the judgement or order of the court for the enforcement of a
legal right. Examples of a decree: decree of divorce, decree of restitution of conjugal right,
decree to attach the property, and for the recovery of a loan. The person in whose favour the
decree is passed is called the decree holder, and the person against whom the decree is
passed is called the judgement debtor. Decree has been defined under Section 2 (2) of
CPC. A decree means any judgement or order of the court to enforce a legal right upheld by
the Court in the judgement.

 Example: A Court passes a decree against the debtor to pay a loan amount to the
decree holder, and the decree holder files an execution petition in the court. The court
may issue a warrant of arrest to the judgement debtor. After the arrest, he will be
brought to court, where he may give an undertaking to refund the loan amount within
a specified time. If the judgement debtor fails to refund the amount within the
specified time, the court may send him to civil prison.
 For the recovery of the loan, the court may order to attach the property of the
judgement debtor. This attached property may be sold in a public auction. If the
amount of the property is less than the loan amount, the recovery can be done from
the remaining property of the judgement debtor.

Execution petition is filed by the decree holder in the court where the decree has been
passed. The execution of the decree is done by the same court by adopting a legal procedure.

→ MODES OF EXECUTION

1. Issue a warrant of arrest to the judgement debtor (SECTION 55 CPC).

2. Attach property (SECTION 60 CPC).
3. Appointment of a receiver.
o Example: The court may order to transfer the title of the property of the
judgement debtor.
  A receiver is a person appointed by the court who has the power to manage the whole
property of the judgement debtor. A receiver has the power to dispose of the property
on behalf of the judgement debtor. A receiver is appointed to avoid further loss to the
decree holder.

→ WARRANT OF ARREST SECTION 55 When the decree is passed for the recovery of
a loan, and the judgement debtor fails to refund the amount within the stipulated time, a
warrant of arrest may be issued against the judgement debtor.

Exceptions:

1. A judgement debtor is a woman.

2. A judgement debtor is a minor.
3. A judgement debtor is a person of unsound mind.
4. If the decree is passed against a legal person (company, corporation, institution).

→ ATTACH PROPERTY SECTION 60 Movable and immovable property of the

judgement debtor is liable to be attached by the order of the court.

 Movable Property - Bank account, salary, vehicle, household articles, etc.

 Immovable Property - Flat, house, plot, land, shop, etc.

Exceptions (The following property is not liable to be attached):

1. Necessary wearing apparels, cooking vessels, beds, and bedding of the judgement
debtor.
2. Tools of an artisan, and implements of husbandry of the agriculturist.
3. House or other buildings belonging to an agriculturist or labour class.
4. Wages of a labourer.

5. Salary of an employee up to the first one thousand rupees and two-thirds of the
remainder.
6. Right to sue for damages.
7. Any right of personal service.
8. A stipend and gratuity.
9. Policy of insurance.
10. Right of future maintenance.
11. An allowance declared by the Central or State government.

→ SUIT BY OR AGAINST GOVERNMENT OR PUBLIC OFFICER SECTION 79 to

SECTION87 CPC.

 If a suit is filed by the Central government, the Union of India must be mentioned.
 If a suit is filed by the State government, the State government must be mentioned.

In cases by or against the Central Government:

 Notice must be given to the Central government 2 months before filing the case.
  Service of process (summon) is served on the General Manager of the Railway or the
Secretary to the Central government.
 Time for Appearance: The court can grant the time of 3 months for the government's
appearance.

In cases by or against the State Government:

 Notice must be given to the State government 2 months before filing the case.
 Service of process (summon) is served on the Secretary to the State government or
the Collector of the District.
 Time for Appearance: The court can grant the time of 3 months for the government's
appearance.

→ INTEREST SECTION 34 CPC. Interest is allowed from the date of the loan up to the
decree or judgement. The court may allow interest up to the date of recovery. The interest
should not be more than 6% per annum for a commercial transaction. The interest should
not be more than 4% per annum for a non-commercial transaction.

→ CAUSE OF ACTION Cause of action means the bundle of facts on which the plaintiff
claims relief from the court.

 Example: For a recovery suit, the cause of action is the non-payment of the loan.
 Example: For a divorce petition, the cause of action is cruelty or desertion.
 Example: For a writ petition, the cause of action is the violation of a legal right.

→ APPEAL (SECTION 96) Appeal means moving from a lower court to a higher court.
The party who is not satisfied by the judgement of the lower court can file an appeal in the
higher court.

Types of Appeal:

1. Regular Appeal (SECTION 96 to 99 CPC).

2. Second Appeal (SECTION 100 CPC).

Regular Appeal (SECTION 96)

 The appeal can be filed on a question of law or a question of fact.

 It can be filed only in the High Court.
 It must be filed within 3 months from the date of the judgement.

Second Appeal (SECTION 100)

 It can be filed only on a substantial question of law.

 It can be filed only in the Supreme Court.
 It must be filed within 90 days from the date of the judgement.

→ REVIEW (SECTION 114) Review means to file a petition in the same court.
  Example: If a judgement has been delivered on a question of law and later the
Supreme Court gives a judgement which is contrary to the lower court's judgement.
The petition can be filed in the same court which delivered the judgement.

→ REFERENCE (SECTION 113) Reference means moving from a lower court to a

higher court. When a lower court is doubtful about a question of law, it can refer the matter
to the High Court.

 Example: A new law is passed in the assembly, and the lower court has no knowledge
about it, then the lower court can refer the matter to the High Court.

→ REVISION (SECTION 115) Revision means moving from a lower court to a higher
court. The lower court has acted without jurisdiction or exceeded its jurisdiction. In such a
case, the party can file a revision petition in the High Court.

 Example: When the court of the II assistant civil judge passes a judgement in a matter
where the money value is 1 lakh rupees, he has acted without jurisdiction because his
pecuniary jurisdiction is below 50,000 rps.

→ TEMPORARY INJUNCTION ORDER-39 Injunction means a stop

order. Temporary Injunction is a stop order for a temporary period. The applicant files an
application for a temporary injunction from the court. The Court may grant a temporary
injunction if:

1. Prima facie case is made out by the plaintiff.

2. Balance of convenience is in favour of the applicant.
3. The applicant suffers irreparable loss or damage if the temporary injunction is not
granted.

 Example: A suit is filed for the partition of a joint family property, and the Court
grants a temporary injunction on the property. The property cannot be sold or
transferred to a third party till the disposal of the case.

Permanent Injunction is granted after the final judgement.

→ COMMISSION ORDER-26 A commissioner is a person appointed by the court on the

request of a party.

 The court may grant a commission to:

1. Examine any person who is old, sick, or a public officer.
2. Local investigation (e.g., measuring land, plot, or calculating mesne profit).
3. Adjustment of accounts.
4. Partition of property.
5. Scientific investigation.
 The Commissioner acts as the eyes & ears of the court.

→ COSTS SECTION 35 The Court may pass an order to the losing party to pay the costs to
the winning party. The costs include the court fee, advocate fee, and other costs.
→ RESTITUTION SECTION 144 Restitution means to restore a person to his original
position.

 Example: A money decree is passed against 'B' by the High Court, and 'B' has
deposited the amount in the court. Later, 'B' goes to the Supreme Court, and the
Supreme Court gives a judgement in favour of 'B'. The High Court restores the money
to 'B', which is called restitution.

→ SECURITY FOR COSTS ORDER-25 If a defendant believes that the plaintiff is not a
resident of India, he can file an application in the court for security for costs. If the court is
satisfied, it can order the plaintiff to deposit security for costs in court. If the plaintiff loses
the case, his costs can be recovered from the security for costs.

→ INTERPLEADER SUIT SECTION 88 An interpleader suit is filed by a person (e.g., a

bank) who has no interest in the subject matter. The suit is filed against two or more
defendants who claim the same subject matter.

 Example: 'A' & 'B' both claim to be the legal heirs of 'C'. 'C' has deposited 1 lakh
rupees in the bank. The bank files an interpleader suit against 'A' & 'B', and the bank
deposits the amount in the court. The court decides who is the legal heir of 'C'.

→ ARBITRATION Arbitration means the resolution of a dispute outside the court. Both
the parties appoint an Arbitrator. The Arbitration is generally done in commercial disputes.
The decision given by the Arbitrator is called an Award. The Arbitrator must give the award
within 6 months. The award is enforceable in the court.

→ MEDIATION Mediation means the resolution of a dispute outside the court by a third
party. The Mediator is appointed by the parties. The Mediator has no power to give an
award. The Mediator's work is to bring the parties to a compromise.

→ CONCILIATION Conciliation means the resolution of a dispute outside the court by a

third party. The Conciliator is appointed by the court. The Conciliator is generally appointed
in family disputes.

→ LOK ADALAT Lok Adalat means people's court. It is governed by the Legal Services
Authority Act, 1987. The Lok Adalat is conducted on Saturdays. The Lok Adalat can deal
with compoundable and non-compoundable cases. The decision of the Lok Adalat
is binding on both parties.
KINDS OF INJUNCTIONS

1. Temporary injunction.
2. Permanent or perpetual injunction.
3. Mandatory injunction.
4. Ex parte injunction.

1. TEMPORARY INJUNCTION Temporary injunction is granted after a brief

hearing of both sides/parties whenever any matter is urgent, then the
court makes a brief hearing of both sides and grants a temporary
injunction. It is called a Status or interlocutory order. After a lengthy
hearing, a temporary injunction may be confirmed or vacated, depending
on the facts of the case.

Ex: Employer terminated the service of an employee on the ground of

some allegations. When the Employee goes to court, then a temporary
injunction may be granted to prevent the employer from terminating the
service; this is called a temporary injunction.

Ex: Municipal Corporation is demolishing a house, stating that

construction has been done without permission of the town planning
department. When the owner goes to court, then a TI (Temporary
Injunction) may be granted to restrain municipal authorities from
demolishing the house.

2. PERMANENT OR PERPETUAL INJUNCTION Whenever facts of the case

are very, very strong, then the Court may grant permanent
injunction or perpetual injunction. This injunction is not vacated till the
case is decided by the court. If an appeal is pending, then also the
permanent injunction is in force till the appeal is decided by the appellate
court. If a temporary injunction is confirmed after a lengthy hearing of
both sides, then also it is called a permanent injunction.

EX: 'A' mortgaged his house in a bank and borrowed a loan. Later on, 'A'
gave notification to sell the same house which had been mortgaged in the
bank without repayment of the loan and interest of the bank. When the
bank comes to know, then by enclosing the notification, the bank can file
a petition in court for a permanent injunction. In such a case, the Court
may grant an injunction and restrain the mortgagor not to dispose of the
mortgaged property till the complete repayment of the loan amount and
interest to the bank. This is called a permanent injunction. As long as
the mortgagor does not clear the loan, he cannot dispose of the
mortgaged property because there is a permanent injunction obtained by
the banker against the mortgagor.

3. MANDATORY INJUNCTION In a mandatory injunction, there are 2

parts in which one part is to do an act and the other part is to restrain
from doing an act, and both are binding on the opposite
party. Whenever a copy of the injunction is served to him, the petitioner
may apply in court for the relief of a mandatory injunction. It is granted if
the court is satisfied, and it is dependent on the facts of the case.

Ex: 'A' and 'B' are having plots adjacent to each other. When 'B' had gone
out of station, 'A' made an encroachment on his plot and constructed a
10-foot wall. 'B' can file a Petition for mandatory injunction. The Court may
order 'A' to demolish the wall already constructed and not to make further
Construction without the order of the court.

This is called a mandatory injunction in which the first part is

to demolish the wall already Constructed and the 2nd part is
to restrain from further Construction without order of court.

Ex: 'A' is an eligible Candidate and applied for a post. The employment
department did not issue him an interview call and fixed the date and
time of the interview. He can go to court for a mandatory injunction. The
Court can mention that take the interview of the petitioner but don't
declare results and appoint candidates without order of the
Court. This is a mandatory injunction, in which to take the interview of
the petitioner is a positive act and not to appoint anybody without the
order of the court is to restrain management from making
appointments till the court settles the dispute.

4. EX-PARTE INJUNCTION When any matter is very urgent and the

interference of the Court is necessary in the interest of justice, then the
court may provide this relief by hearing only the petitioner. After
hearing the respondent, the court may either Confirm or vacate this
injunction, dependent on the facts of the Case.

EX: 'A' is a married person and he wants to perform another

marriage. This intimation comes to the notice of his wife. By enclosing the
wedding card, she can file a petition to prevent the marriage. This is an
urgent matter because if a summon is issued to the opposite party, then
by that time, the marriage may be performed, and the purpose of the
petition may be defeated. Therefore, the court may grant the relief of ex-
parte injunction to restrain the respondent from performing the
marriage.

Ex: Municipal corporation is demolishing the house of 'X' on the ground

that it is illegal construction. When the owner goes to court, then ex-
parte injunction may be granted to restrain municipal authorities from
demolishing the house. After a lengthy hearing, if the court finds that it is
illegal Construction, then the ex-parte injunction may be vacated, and the
municipal corporation can demolish it.

When a petition for injunction is filed and the opposite party fails to
appear in court several times, then also by hearing only the petitioner, the
court may grant the remedy of ex-parte injunction. If the opposite party
appears in court and gives a reasonable excuse for which the court is
satisfied, then the ex-parte injunction is set aside, and the Court starts the
hearing of the case.

→ CONDITIONS TO OBTAIN REMEDY OF INJUNCTION

1. Remedy of injunction may be granted if the Court is having

jurisdiction. If there is no jurisdiction of a civil court, then this relief
can be rejected on the technical ground that the court has no
jurisdiction.
2. It should be a prima facie case. It means there should be strong
facts of the case in which the court should find that interference is
necessary by passing an order of injunction in the interest of justice.
3. Petitioner has to claim the remedy without causing unreasonable
delay. If delay is caused, then the court may reject the remedy of
injunction. EX: 'A' made encroachment on the plot of 'B' and started
 construction. Before completion of construction (before), the owner
can claim the relief of injunction.

After completion of Construction, he cannot claim the relief of injunction,

and he has to challenge the legality of construction and claim the relief of
demolition of illegal Construction.

4. The Petitioner who wants the remedy of injunction has to exhaust

all other effective remedies. Such as: if a candidate could not get
a hall ticket, then he should approach the Vice-Chancellor/Controller
of Examination before claiming the remedy.
5. Court should form an opinion that there may be irreparable loss to
the petitioner if this remedy is not granted. Irreparable loss means
such loss which cannot be Compensated afterwards. Ex: If an
injunction is not granted, and a student loses 1 academic year, then
it is an irreparable loss to the student because the loss of the 1-year
period cannot be compensated.
6. In order to grant a remedy for injunction, the court has to form the
opinion that The petitioner may win the case in the future. If
there is a possibility that he may lose the case, then the court may
reject such relief.
7. In order to claim the remedy of injunction, the matter should
be urgent in the opinion of the court to provide justice to the
petitioner.
8. In order to claim the remedy of injunction, the petitioner should not
conceal material facts. If he maintains secrecy of relevant
material fact or facts, then the opposite party may bring it to the
notice of the court, and this remedy may be rejected.
9. In order to claim the remedy of injunction, the petitioner has to file
an affidavit along with the petition. In the affidavit, he has to affirm
solemnly that all facts and contents are true and correct to the best
of his knowledge and info given by his advocate.

10. In order to claim the remedy of injunction, there should be

a deprivation of a legal right or privacy of the relevant
party. Any irrelevant person cannot claim the remedy of
injunction. Ex: 'A' and 'B' are owners of houses adjacent to each
other. 'B' is making construction of one more floor without keeping a
gap between the houses, and 'A' could not get natural air and light,
and his easement right is violated. 'A' can take the remedy of
injunction against 'B' on the ground that his easement right to
property has been violated. If a tenant goes to court to claim the
remedy of injunction, then it may not be granted because the tenant
is not the owner, and he is an irrelevant party in the petition.
11. In order to claim the remedy of injunction, the balance of
convenience should be in favour of the petitioner. Then the
Court may grant the remedy of injunction.
COMMISSION & RECEIVER (ORDER 26 & 40) In order to find out
necessary facts which are relevant in the case, the Court may appoint
a commission. The Person who is in the commission is called as
a Commissioner. The Court may appoint a commission voluntarily or on
the request of the party who is relevant in the case. The Court may fix the
expenses caused for the job of the commissioner and direct the party to
deposit it in the court.

A Commissioner may be appointed if it is necessary, and directions are

given by the Court with a necessary authority letter to submit a particular
report within a specified period.

Ex: 'A' sold a plot to 'B', stating that the plot is 120 sq. yards. The Buyer
files a case in court on the ground of misrepresentation, stating that the
plot is 100 sq. yards and the contract is to be declared voidable. The Court
may appoint a commissioner who will go to the plot and make a
measurement of the plot and submit a report in the court whether the plot
is 120 sq. yards or 100 sq. yards. On the basis of this report, the court
may decide whether the contract is Voidable or not.

Ex: 'A' is an important witness in a case but he is unable to attend the

court because he is on bed suffering from paralysis. The Court may
appoint an advocate as a commissioner who can visit the place of
residence of the witness and record his evidence, called
as deposition. The Commissioner submits it in the court, and the Court
may decide the case based on the report of the Commissioner.

Ex: 'A' contractor has done construction of a house which Collapsed within
a short period and resulted in injury or death of some
persons. Under vicarious liability, the family member can file a case
against the owner of the building and also the Contractor to claim
Compensation. The Court may appoint Commissioners to find out the
reasons for the collapse of the building and to ensure that the material
used in construction is proper or inferior. This commission is generally an
engineer or architect who has knowledge of construction work. On the
basis of the report of the commissioner, the Court may deliver the
Judgement.

EX: 'A' filed a petition in court to declare him as insolvent. A person

becomes insolvent whenever his assets are less and liabilities are
more. His creditors make a submission that he is not an insolvent person
because he is not disclosing details of his properties. The Court may
appoint a Commissioner who can make enquiries about his properties
and submit a report in the court. On the basis of such a report, the court
may decide whether to declare the petitioner as insolvent or not.

POWERS OF COMMISSIONER
 1. The Commissioner is having the right to enter in disputed
premises to prepare the report as directed by the court. The
Commissioner is a public servant and a representative of the court
to carry the job assigned to him.
2. The Commissioner is having the right to examine relevant parties
and witnesses in order to prepare the report.
3. It is the right of the commissioner to prepare the report within
a specified time or period. But if he is unable to prepare the
report because of some valid reasons, then he can apply in the
court to extend the period, and the Court may pass such an order.
4. If the report of the Commissioner is suspicious, then a party can
file a petition in the court to appoint one more commission. If the
report shows some favour or is not impartial, then the court
may blacklist the Commissioner and also impose a penalty to be
paid by him in the Court.
5. It is the right of the Commissioner to claim remuneration fixed by
the court, and the party deposits it in the court.

6. The Commissioner has to sign the report before submitting it in

the Court.
7. When the proceeding of the case starts in the court, then the
Commissioner is also subjected to chief examination and cross
examination. Chief examination is conducted by the advocate of
the party who requested the court to appoint the Commission. Cross
examination is conducted by the advocate of the opposite party and
it is taken into writing by the Court, called as deposition of the
commissioner.

→ RECEIVER ORDER-40 A Receiver is appointed in complicated matters

by the Court voluntarily or on the request of a relevant party. A Receiver
is also a representative of the court to prepare the record about all
material facts as directed by the court. The Report of the receiver is
necessary to deliver the judgement in the Court.

Ex: If there is a dispute among heirs having a big estate, then a receiver
is appointed to submit the report relating to the succession of heirs in the
property.

Ex: If there is a dispute between Shareholders & Company or partners and

a partnership firm, then the Court may appoint a receiver who has to
prepare a lengthy and detailed report and submit it in the court. The
report is helpful in delivering the judgement. The Receiver can be a legal
expert or CA or architect appointed according to the requirement and
nature of the dispute.

Generally, the Court may give a minimum of 6 months period to the

receiver to prepare a report about all material facts involved in the case
and submit it in the court. This period can also be extended by the court if
there are proper reasons to do it. Expenses which are likely to be caused
in the appointment and job of the receiver are to be deposited by the
relevant party in Court according to the direction of the Judge.

RIGHTS OR POWERS OF RECEIVER

1. It is the right of the receiver to take possession of property which

is under dispute.
2. Property which is in the position of the receiver cannot be
transferred and also cannot be attached in execution of the
decree.
3. It is the right of the receiver to carry on the management of
disputed property and make recoveries of rent and loan
amounts.
4. There is a right of the receiver to file the case or defend the
case which is against disputed property.
5. There is a right of the receiver to do necessary expenses such as
fee paid to CA, legal expert, for typing of the documents. But he has
to maintain accounts of income and expenses which is mentioned in
his report.
6. The Receiver is having the right to execute the
documents whenever it is necessary on behalf of disputed parties.
7. The Receiver cannot sue and be sued in his personal
matters. Because it is not his personal dispute, and he is
performing the duties assigned by the court. We can say that the
receiver is a mediator between the court and disputed parties who
prepares the report about facts in dispute and submits it in the
Court. And it is the power of the judge to decide the case.

8. If the receiver causes any damage or loss to disputed parties

because of negligence or careless act, then the court can direct
him to pay the loss which has caused to the parties.
9. Whenever there is confusion, then the receiver is having the right
to take directions of the Court and Complete his report as
directed by the court.
10. When proceedings in the court are initiated, then the receiver
has to appear in the court whenever he receives a summons. The
Receiver is also subjected to chief & cross examination whenever
proceedings are initiated.

→ DUTIES OF RECEIVER

1. There is a duty of the receiver to oblige the directions given by

the court.
2. There is a duty of the receiver to maintain the accounts of
collection of amount and expenses done by him for necessary
work at the time of preparing the report.
 3. There is a duty of the receiver to Complete his report within a
specified period. If he is unable to prepare the report because of
some reason, then the Court may record it and extend the period for
Submission of the report.
4. If the court gives directions to Submit the report about day to
day work done by him, then he has to oblige it. Such directions
are given when the court finds the possibility of any alteration in the
report in future.
5. There is a duty of the receiver to examine relevant parties,
witnesses, relevant documents, bank accounts and based on
that, he has to prepare the report. He has to give reasons about any
fact when there is cross examination in the Court.

6. When the receiver Submits the report, then there is a

full 'Signature' at the end of the report and initial on every
page of the report. The Purpose of such initial is so there should not
be any scope to make alterations on any page of the report.

→ ADJOURNMENTS ORDER-17 Adjournment means to postpone the

date of hearing by the court. Adjournment is done when there are valid
reasons. Therefore, it is stated that adjournment is not a legal right but it
is a privilege. A legal right is unconditional but a privilege is
conditional. When any party or advocate demands the adjournment, then
a reason has to be given to the court which is recorded by the judge.

Whenever there is an adjournment, then the court may fix the next date
of hearing and it is communicated to the party or his advocate. Such
information is also available on the website of the court. The Purpose of
adjournment is to follow principles of natural justice. The most
important principle is nobody can be Condemned unheard. The court has
to give reasonable opportunity to both sides' parties to represent the
case. The Court cannot be adamant to make a hearing on a particular
date. Adjournment is done on the request of the advocate or the relevant
party when there is a valid reason or sufficient cause for
adjournment. The Court can also make an adjournment when there is a
valid reason. Adjournment is not a legal right but it is a privilege subject to
Conditions or valid reasons. It is not necessary that some advocate has to
request for adjournment. But a Junior can also represent it and demand
the adjournment. If the advocate is busy in some other court, then it is not
a valid reason for adjournment. In such a case, the Court may pass over
the matter for hearing after lunch hours or interval.

→ REASONS The Court can also make an adjournment voluntarily. The

common reasons are: the judge is on leave that day, or the matter didn't
reach, and the time of the court is over.

→ CAUSES OR COMMON REASONS OF ADJOURNMENT

 1. When the advocate of the plaintiff or defendant didn't attend the
court on a fixed date because of any reason such as sickness,
function, or gone out of station, or any other important reason.
2. When both side parties appear but the advocates didn't appear,
then also there is an adjournment. Because representation of the
case is done by advocates and not parties.
3. When advocates appear but one or both side parties remain absent,
then the court can direct the advocate to conduct the proceedings
of the case even in the absence of the parties.
4. If there is an examination of the party on a particular date but the
party remains absent, then also there is an adjournment. It is the
power of the court to impose a Cost or penalty if any party remains
absent without intimation to the court.

5. If one party is present but the other party remains absent, then such
party has to pay a reasonable cost fixed by the court to the opposite
party who is present on the next date.
6. If there is chief and cross-examination of any witness on a particular
day but the witness didn't appear, then there is an adjournment and
the next date is given to produce the witness for chief & cross
examination.
7. When an advocate appears in the court but he is not feeling well, on
his request, the court may adjourn the matter.
8. When any party wants to file a relevant document which he didn't
file earlier because of any reasons, then the court may adjourn the
matter and give some period to file the document in the court.
9. When a holiday is declared by the government or Superior court,
then there is an adjournment of all the cases.
10. There is also an adjournment on the ground of Impossibility
to initiate the hearing such as a strike of the transport authority,
or a strike of the advocate, or a strike of the subordinate staff of the
court.

→ AFFIDAVIT ORDER-19 An affidavit is a written document

consisting of a fact or facts filed in the Court or any
administrative department according to requirement when any fact
cannot be proved by producing a relevant document. Then the court may
order to file an affidavit. An affidavit is Consisting of the facts which are
Solemnly affirmed or sworn by the party called as deponent. Oath
is administered by an authorised office who entertains the affidavit. The
affidavit has to be signed by the relevant party called as deponent.
The facts mentioned in the affidavit is called as deposition.

→ PROVISIONS OF AFFIDAVIT

1. Whenever a plaint or petition is filed by the plaintiff, he has

to enclose an affidavit otherwise the plaint will not be
entertained.
 2. In the affidavit, the deponent has to mention all facts and contents
in the petition are true and correct to the best of his
knowledge and information given by his council. This
affirmation is done on oath. An authorized Officer is a court officer
before whom the deponent has to put his signature on the affidavit.
3. In order to obtain a duplicate original certificate, there is a
procedure of an affidavit to be filed in the respective
department. Such as a degree certificate, registration papers of
property. After filing an affidavit, duplicate original papers may be
issued by the respective department. The Deponent has to give a
reference of the certificate which has been lost or destroyed.
4. If a bank Demand Draft (DD) is lost, then in order to obtain a
duplicate original DD, the party has to file an affidavit in the
respective bank. The Bank also obtains an indemnity bond from
the Deponent which says that if the early draft is encashed by
somebody, then he has to indemnify the bank.
5. An affidavit can be prepared on ordinary or stamp paper.
6. An affidavit may be entertained only by the Signature of the
deponent. In some departments, the direction is given to obtain
an attestation from a public notary. A Public notary is an
authorized officer who can make attestation on the affidavit by
administering an oath to the deponent. After the signature of the
deponent, it is signed by the notary and puts his stamp.
7. When any witness or party is unable to attend the court or it is
expensive for the court to pay his expenses, then the court may
direct him to file an affidavit. The Witness can mention all facts
which he wants to disclose as evidence are mentioned in the
affidavit. And it is attested by the notary. This affidavit is sent to the
respective court. On the basis of the affidavit, the Court can conduct
the proceedings.
8. The facts mentioned in the affidavit are generally believed by the
court unless it is disproved by the other party.
9. When an affidavit is filed, then also there is cross examination of
the deponent conducted by the advocate of the opposite party to
ensure that the facts mentioned in the affidavit are true or correct
and there is no contradiction in the statements.
10. When any deponent intentionally files a false affidavit,
the court has the power to impose a reasonable penalty which the
deponent has to pay in the Court.

→ JUDGEMENT ORDER ORDER-20 When the hearing of the case is

complete, then the judge may fix the date of the judgement. Such a date
is generally within 1 month period but the judge can also extend the
period if necessary, depending on the pressure of the work. On the date of
the judgement, the judge may read only the operative part of the
judgement and not the whole judgement. The parties can apply for a
copy of the judgement which is issued after a reasonable cost to prepare
the copy of the judgement. The copy of the judgement is a detailed
judgement in writing consisting of all the issues framed by the judge,
and at the end of the judgement, there is an order which is the operative
part of the judgement.

→ CONTENTS OF JUDGEMENTS

1. There is the name of the court at the top of the judgement, just
like a district or civil or munsif court.
2. There is the suit number and the year which is mentioned in the
plaint or petition is also specified in the judgement.
3. There is detail about the name, father's name, age,
occupation, and address of the plaintiff. If there are more
number of plaintiffs who filed a common plaint, then it is specified in
the judgement.
4. There is also detail of the defendants which include the name,
father's name, age, occupation, and address.
5. The Judgement is also written in paragraphs and every paragraph
is given a serial number.
6. In the beginning, there is detail about all material facts of the
case mentioned in brief in the judgement.
7. There is detail about document proceedings by the petitioner or
respondent or plaintiff or defendant. There is also detail about
the relevancy and admission of all documents produced by the
parties. The irrelevant and inadmissible documents are returned to
the respective parties.

8. Even after filing the documents, there is chief and cross

examination of the plaintiff as well as the defendant. Chief
examination is conducted by the advocate of the respective
party. And cross examination is conducted by the advocate of the
opposite party in a Question-Answer manner.
9. All questions and answers in cross examination are taken by a typist
in writing and the signature of the respective party is
obtained, called as deposition.
10. If there is a Contradiction in the Statement of the
plaintiff or defendant, then it is specified in the judgement.
11. Both parties are allowed to produce witnesses to prove or
disprove the facts. Witnesses are also subjected to chief and
cross examination. Answers given by witnesses in cross examination
are also recorded by the court in typing and their Signature
is obtained. When cross examination is over, the Judge also
mentions the reference of the statement & answers of every witness
produced in the court by both sides.
12. The Judge mentions his opinion in the judgement about
the reliability and credibility of every witness and whether the
court believes his version or not, for which the judge may give
reasons.
13. After the above procedure, the judge frames 1 or more
issues and these are specified in the Judgement. Issues are points
of dispute between the Parties.
Whenever there is an argument of both side advocates, they make
submission on following points:

1. Contradiction & omission.

2. Both sides' advocates give an interpretation of the relevant
provision of law which are applicable in the case. They can make
their own interpretation and such interpretation will be taken into
Consideration in delivering the judgement.
3. Both sides' advocates can show or bring to notice the precedents
of SC & HC at the time of argument. They can produce the relevant
book of law or give the Citation such as AIR.
4. Any number of precedents can be shown even by giving Citation
such as the name of a journal, or a month.
5. The Judge may enforce precedents which are proper in the present
case, and irrelevant precedents are rejected by the judge.
6. The Judge shall mention in detail about his observation &
findings before coming to a conclusion. In observation, he
mentions whether his judgement is in favour of the Plaintiff or
defendant and gives reasons for it. In the reasons, he can give a
reference of admissible documents, reliability of deposition of
parties & witnesses, and the precedents brought to notice by
both side parties and their admissibility in the case.
7. After all the above points, the judge mentions the relief or reliefs
granted to the plaintiff or defendant.
8. The Judge also mentions whether the cost of litigation has been
awarded to the party or not.
9. The Judge also mentions whether an appeal is allowed or not,
especially if the HC & SC mentions it.
10. On the date of judgement, the Judge may read only
the operative part of the judgement in which the relief or reliefs
are granted to the party. The Judge shall read it in open court and
after that, put his full signature. The Judge may also put his initial
on every page of the judgement.
11. Both side parties/advocates can apply for a copy of the
judgement which would be provided on the same day or after
some period. A party applying for a copy of the judgement has
to pay a reasonable cost as directed by the court.
12. If any party wants to prefer an appeal to a superior
court having jurisdiction, then a copy of the judgement has to
be enclosed with the appeal petition. Such an appeal has to be
filed within a limitation period of 3 months or 90 days. This
period is computed (calculated) from the date of judgement if he
receives the copy on the same day. If he receives the copy after
1 month or a few days, then the period will be calculated from
the date of receiving the copy of the judgement. Whenever a
copy of the judgement is issued to the advocate or party, then he
has to sign on a duplicate copy and put the date, called
as acknowledgement.
SPECIAL SPECIFIC OR PARTICULAR CASES

There are 4 type of suits which are different from ordinary suits, called
as special suits or particular suits:

1. Suit by or against the government (Order-27 & Section79, 82).

2. Suit by or against a minor or unsound mind person (Order-32).
3. Suit by or against an indigent (extremely poor) person (Order-33).
4. Interpleader suit (Order-35).

In olden days, there was a rule that "King can do no wrong". It means
the King was not answerable in any court. In the present administrative
system, this immunity has been given to the President of India,
Governor of State, diplomatic agents of another country. They
enjoy constitutional immunity and are not answerable in any court
during their term of office. After removal from their post, such a person
can file a suit in any court. The government can sue and be
sued because it is a legal person. Every department and public officer
can be sued in the court whenever there is a dispute.

PROVISIONS RELATING TO SUIT BY OR AGAINST GOVT.

1. The government can sue any person who is a citizen, and any
citizen can sue the government whenever there is a cause of action
or dispute.
2. Jurisdiction is also applicable to file a case against the
government. Jurisdiction is relating to the place of cause of action or
place of contract. In the Constitution (A-300), it has been specified
that whenever a tort is committed by any public official, then a
case can be filed against the government to claim damages or
compensation. If any government department makes a breach of
contract, then a case can be filed against the respective
department of the government to claim damages under (A-299) of
the constitution.
3. Whenever a suit is filed against the government, then
the designation of the respective officer who is supposed to
represent the case in the court has to be mentioned. There is no
need to mention the personal name, father's name, or personal
address of the officer. There is detail about his designation and the
post, which he is holding in the government.

EX: If 'X' files a case against a university, then he has to mention that it is
represented by the vice chancellor of the university. If the case is filed
against a bank, then it is represented by the manager of the bank. If
the case is filed against an SSC or Intermediate board, then it is
represented by the Secretary of the board. If a case is filed against a
minister, then it is represented by the secretary of the respective
department.
4. When the government wants to sue any citizen, then the
government can mention complete detail about him such as
Name, Father's Name, age, occupation, and Address.
5. In order to sue the government, any citizen has to issue a 2
months advance notice to the respective department of the
government. It is called a statutory notice, which is mandatory
under (SECTION 80) of CPC. If notice is not issued and a case is filed
directly in the court, then it is the power of the court to dismiss the
petition or reject it by making an endorsement that the provisions
under SECTION 80 CPC has not been complied by the
petitioner. However, the government can file a case against
anybody without compliance of SECTION 80 and there is no
need of notice from the government. The Purpose of this provision is
that the government may comply to the notice and avoid
litigation. Therefore, the statutory notice is issued to the respective
department of the government having the purpose to avoid dispute
and to comply with the notice.
6. Whenever any matter is very urgent, then the petitioner can
enclose an application by mentioning the urgency to dispense with
(set aside) the provision of Statutory notice under (SECTION
80). If the judge finds that the matter is urgent, then after hearing
one or both sides, the judge can make an endorsement that the
provision of (SECTION 80) has been dispensed with and entertain
the case without compliance of notice.

7. Whenever a suit or petition is filed against the government, then

the designation of the officer who was to represent the case in
the court in his official capacity is mentioned. However, the
government has the power to engage some other officer by giving
authority to represent the case in the court.
8. There are many cases against the government in court, and
therefore, the government appoints an advocate to represent cases
in court, called as Government Pleader (GP). On behalf of the
government, the GP can represent the case, and the officer has
to attend the court whenever there is chief & cross
examination. It is not necessary for the officer to attend the court
on every fixed date.
9. Whenever a suit is against the government, the court can issue a
summons to the government pleader, and he will complete the
process.
10. When the government files a case against anybody, there
is no need for the government to pay the court fee. If any
common person files a case against the government, then he has to
pay the court fee according to the provisions of the court fee act.
11. The Court gives more opportunity to the government
officer rather than ordinary people. More adjournments are given in
case of the government because the authorities are busy in their
administrative work, and the court is very slow to trust. The
 Appearance of the concerned official to represent the case is very
slow.
12. The Court is very slow in the execution of the decree
against the government. Because the government can arrange
any payment in a short period, and therefore, the auction sale of
property of the government is uncommon in execution of the
decree.

→ SUIT BY OR A OR UNSOUND MIND PERSON ORDER-32 A Minor is

the person having an age less than 18 years. An Unsound mind
person is having a defective mental condition. Therefore, a minor and an
unsound mind person are incompetent to sue and be sued. If there is
a guardian, then on behalf of such a person, the guardian can be sued in
the court, and he has to represent the case on behalf of such an
incompetent person. If there is no guardian, then a procedure has to be
followed to sue a minor or unsound mind person under order-32 of CPC.
It includes the following points:

1. Any interested party who wants to sue a minor or unsound mind

person has to file a petition in the court for the appointment
of an authorized person to pursue the legal matter. And such
a person is called as next friend.
2. The petitioner has to file an affidavit stating that there is no
guardian or adult member in the family to be sued in the Court.
3. Whenever such a petition is filed to appoint an authorized person to
pursue the legal matter, then the court may publish a notification
in the newspaper directing interested parties who want to become
a next friend to pursue legal matters, to file an application in
the court within 1 month period to become a next friend. Such
applicants can be relatives or friends or any other interested parties.
4. When the Court receives applications, then a date is fixed on which
the Court may summon all the applicants to appear in the
court. The Judge may examine everybody and take an explanation
why he wants to become a next friend.
5. When the court is satisfied by the explanation of any applicant, then
an order is passed to appoint him as a next friend to pursue
the legal matters. Which includes cases filed by other and Cases
filed on behalf of the incompetent person.
6. The Court may fix remuneration to be paid to the next friend for
the performance of the job. This remuneration is dependent on the
work assigned to him by the Court. This remuneration he will get
from the income of the minor's properties.
7. The Next friend is having powers to engage the advocate, fix his
fee, attend the Court, file the affidavit. And he is also subjected
to chief & cross examination on behalf of such incompetent
person.
8. The Next friend is having power to do all reasonable expenses to
pursue the legal matters in the court. These expenses are done
from the income of the properties of the minor.
 9. The Next friend who has the duty to maintain the accounts of all
expenses done over the legal matters which is pursued in the
court.
10. If the next friend is committing negligence or not
pursuing legal matters properly, then the court is having the
power to remove the next friend. In such a case, the court may
appoint another next friend.
11. Whenever any minor becomes major or completes 18
years of age, then the next friend has to retire from his job. He
has to give a complete account of all the expenses done over the
litigation up to his retirement as a next friend.
12. If the person of 18 years requests him in writing to continue
as next friend, then up to 3 more years, he can remain as next
friend. But after that, he cannot continue as next friend. Therefore,
litigation or all legal disputes can be pursued on behalf of
incompetent persons by an authorized person, called as next
friend specified in order-32.

→ SUIT BY INDIGENT PERSON ORDER-33 An Indigent person means

an extremely poor person. Such a person is also called as 'pauper'. An
indigent person can file a civil suit or petition without payment of the
court fee. Whenever the court grants such permission when a suit is filed
without payment of the court fee, then it is called as 'Forma Paupers'.

In directive principles of state policy of the constitution, it has been

mentioned that 'free legal aid' is to be provided to poor people. This
scheme is implemented in law colleges as well as the bar council of every
State.

→ PROCEDURE FOR SUIT BY INDIGENT PERSON

1. When any indigent person wants to file a suit without payment of

the court fee, then he has to enclose an application along with
the suit and mention his income from all the sources. He has
to specify that his income is hardly sufficient to maintain his family
and express his inability to pay the court fee.
2. The Plaintiff who wants to file a suit as an indigent person has
to enclose an affidavit in which he has to mention that he has no
adequate source of income.
3. The Court makes a hearing of both the sides before entertaining
the suit of the indigent person. If the defendant knows the source of
income of the plaintiff, then he can bring it to the notice of the court
and mention that the plaintiff has a better financial condition and he
can pay the court fee. If the defendant proves the income, then the
court dismisses the application and orders the plaintiff to pay the
court fee.
4. The Judge may ask the plaintiff that the court may give some period
for the payment of the court fee and takes his opinion whether
he can pay the court fee within that period. If he agrees for it, then
 an order is passed that he can pay the court fee within a specific
period.
5. The Judge may also take the opinion whether he can pay the court
fee in percentage such as 50% or 25% etc.. If he agrees for it, the
court may pass such an order and the company pay the fee in
percentage as directed by the court.

6. After all the above points, if the Court is satisfied, then an order is
passed and the suit is entertained without the court fee. And
such a Suit is called as 'forma paupers'.
7. If the indigent person is unable to engage the advocate, then the
judge may pass the orders to provide the service of an
advocate and the cost of the State.
8. If the plaintiff wins the case and gets some monetary benefit, then
the payment is done to him after deduction of the court fee.
9. If the indigent person is unable to engage an advocate and make
payment of his fee, then he can apply in the court. The Bar
council can provide the service of an advocate at the cost of
the state. In the bar council, there is a legal aid
department which provides legal assistance to poor people.
10. The fee of such an advocate is also paid by the state
government.
11. If the indigent person chooses to file an appeal, he is
also allowed without court fee. In the appellate court, if he wins
the case and gets some monetary benefit, then the payment is done
after deduction of the court fee.

CONCLUSION A suit of an indigent person is entertained and disposed of

without court fee, is called as 'forma paupers'. An indigent person is also
called as 'pauper'. Therefore, the purpose of order 33 is that nobody
should face injustice or no access to Court because of poverty. Whenever
he is unable to pay the court fee or engage the advocate.

→ INTERPLEADER SUIT ORDER - 35 The Petitioner is the Nominal

party. An Interpleader suit is such a suit or petition in which
the Petitioner has no interest in the subject matter of the
litigation. The Petitioner is a nominal party in an interpleader suit, and
the actual pleading is only among the defendants. In an interpleader Suit,
there is one petitioner, and more number of respondents who have
to do pleading among themselves.

An Interpleader suit is different from other suits. In this suit, the plaintiff or
petitioner has no interest in the subject matter of the dispute and
he is a nominal party in the suit. Actual pleading is only among the
defendants.

An Interpleader suit includes the following points:

 1. There is 1 plaintiff and more number of defendants in the
interpleader suit.
2. The plaintiff or petitioner has no interest in the subject matter
of the litigation.
3. There is pleading only among the defendants in the interpleader
suit.
4. There is the burden of proof only on the defendants so that the
Court can pass an appropriate order.

EX: 'A' finds a box having some gold ornaments in it. 'B', 'C', and 'D' claim
the ownership of the box, and 'A' the finder cannot decide who is the
actual owner of the box. In such a case, he can file a petition in the court
against B, C, and D and handover the box in the court.

5. The finder claims the relief to divide the actual owner because if he
sells the ornaments and uses the money, then there is a liability
for Criminal misappropriation, which is a crime. If he keeps the
box in possession and may not find the owner, then it is a crime
called as Criminal breach of trust. The finder has to return the
article either to the owner or the lawful authority, and he has no
right to use or detain it.
6. The Court may order every defendant who is claiming the box
to prove the ownership.
7. If any defendant proves his ownership, then the court may order
to handover to him and impose a penalty on the 2 other false
claimants to be paid in the court. From the amount of the penalty,
the court may order to pay from the expenses caused to the
petitioner.
8. If all the defendants fail to prove ownership, then the court may
impose a penalty on all for their false claim. And from that
amount, the expenses caused to the petitioner are paid by the
court.
9. If all the defendants fail to prove ownership, then the court
may publish a notification in local newspapers and direct the
actual owner to claim the property within 6 months period. If any
owner appears and proves ownership, then the property will be
handed over to him by order of court.
10. If no body claims within 6 months, then it is sold by public
auction and the amount realized in the sale is deposited in the
government treasury. This procedure has been specified
under Sec-486 of CRPC.

→ APPEAL REFERENCE REVIEW & REVISION Sec 96-112 SECTION

113 SECTION 114 SECTION 115

→ APPEAL (SECTION 96-112) Whenever a judgement is given by any

court, then the aggrieved have the right to prefer an appeal in the
court having jurisdiction. And such a Court is called as the appellate
Court. The Party who prefers an appeal is called as the appellant and
the party against whom the appeal is filed is called the respondent. The
Purpose of an appeal is to seek fair justice. If any party finds that fair
justice has not been done to him, then there is an option before him to
prefer an appeal in a superior court. Again such court makes a hearing of
the appellant and respondent.

The Appellate court has the power to Confirm, alter, or set aside the
judgement of the subordinate court by recording reasons.

In the HC & SC, an appeal is allowed from a smaller bench to a larger

bench in the same court by the approval of the chief justice.

→ From a Single judge, an appeal may be allowed to a division

bench consisting of 2 judges.

→ From a division bench, an appeal may be allowed to a bench

consisting of 3 judges, called as a full bench.

→ From a full bench, an appeal may be allowed to a bench consisting

of 5 or more judges, called a Constitutional bench. There is a bench
of an odd number of judges because the opinion of judges should not
divide equally relating to the judgement. They can give a judgement
collectively or by the majority opinion of the judges.

→ PROVISIONS OF APPEAL

1. Any party can prefer an appeal to a Superior court having

jurisdiction with a limitation period of 3 months or 90 days
from the date of judgement.
2. If a party gets a copy of the judgement after some period, then the
limitation period is calculated from the date of receiving the
copy of the judgement. If he gets the copy on the same day of
the judgement, then within 3 months or 90 days period, the appeal
has to be filed in the court having jurisdiction.
3. In order to file an appeal, the advocate has to prepare the
drafting of the appeal petition. In the appeal petition, he has
to highlight all the points which includes:
 Errors committed by the subordinate court in deciding the
court.
 A question of law or fact has not been considered or wrongly
decided by the judge.
 Whenever the subordinate court judge has violated the
procedure of law or principles of Natural justice.
 When the judge has used excessive powers in deciding the
case.
 When the relief granted by the judge is not claimed by the
plaintiff.
4. The Appellate court has to look at the soundness of the
judgement given by the subordinate court. If there is any error or
 negligence in the judgement brought on the record of the appellate
court, then it should be rectified in deciding the appeal.

5. The Appellant has to enclose the original copy of the

judgement given by the subordinate court with the appeal petition.
6. If delay is caused to file an appeal, then the appellant has to
enclose an application with the appeal petition by giving
reasons for causing the delay.
7. After hearing both Sides, if the judge is satisfied for the reason
given in the application, then the delay is condoned and the
appeal is admitted.
8. The Appellate court may call the file of the Case from the
subordinate court to proceed for the hearing of the appeal
petition.
9. The Appellant can engage the same advocate or change the
advocate in the appellate court.
10. Whenever the appeal petition comes on the Board,
then Summons are issued to both side parties to appear in the
appellate court to represent the case.
11. There is also a Case list in the appellate court for the
hearing of appeals. If the case reaches, then there is a hearing,
otherwise, the next date is given for the appearance of parties and
advocates.
12. In the HC or SC, the appeal petition to be listed by fixing the
date and the advocates of both sides will get a message on their
mobile for appearance to represent the appeal.
13. On a reasonable ground, even there is an adjournment in the
appellate court for the hearing the appeal.
14. In the appellate court, there is no need for the appearance
of witnesses again for chief & cross examination. Because the
deposition is already done in the file of the court which the judge
can examine.

15. An appeal is decided only on the basis of the argument of

the advocates of the petitioner and respondent. There is no
examination of parties even in the appellate court.
16. The appeal is decided by the appellate court on the basis of
the argument from the Side of the advocate of the appellant
and advocate of the respondent.
17. An argument of the advocate may be allow on the same day
or again a date is fix. The advocate of the respondent's points raised
in the argument are noted by the Judge of the appellate court.
18. In the argument, the advocate can bring contradictions or
omissions in the deposition of parties or witnesses to the
notice of the judge.
19. The Advocate can highlight the relevancy of the
documents which have been produced by the parties and whether
the document is relevant, admissible, or not.
 20. In the argument, there is an interpretation of the relevant
provisions of law which are applicable in the case from both side
advocates. The Judge may entertain a second interpretation given
by the advocate of any party.
21. In the subordinate court, citations or precedents are brought
to the notice of the court, and if the judge has not considered it,
then it will be highlighted in the argument. The citations are the
judgements of SC & HC in similar cases, and it is called
as precedents. All these precedents are reported in law journals
such as AIR cases, Labour law journal, Andhra times reporter.
22. Both sides' advocates can even show additional precedents
in Support of their case. He can produce the books by giving the
page no. or can give citations, the name of the journal, law reports,
page no., and the year.

There is an order of the court at the end of the judgement which is

Consisting of the relief or reliefs granted to the appellant. On the day
of judgement, the judge may read only the operative part of the
judgement and not the complete judgement.

After reading the operative part of the judgement in open court, he will
put his full signature and an initial on every page. Both the parties
can apply for the copy of the judgement by payment of reasonable
charges, and the copy will be issued to parties who are advocates on the
same day or some other day, dependent on the pressure of the work.

After receiving a copy of the judgement of appeal, again a party has the
opportunity to prefer one more appeal against the appeal, and it is
called as a second appeal. And again, the same procedure is followed by
the appellate court.

The Appellate court is having the power to confirm, alter, or set

aside the judgement of the subordinate court by recording reasons,
and the judgement given by the appellate court is enforceable after the
appeal.

In the HC or SC, every appeal is not admitted. An argument has to be

done by the advocate who prefers the appeal in the HC. If the judge finds
that there is some weightage in the appeal or there is some law or fact
which has to be considered in appeal, then only it is admitted. Otherwise,
the HC or SC can dismiss the appeal at the stage of admission.

When any HC dismissed or refused to admit the appeal, then

the advocate of the relevant party can file an SLP.

Again, the SC makes a hearing of both sides' advocates. If the SC finds

that there is weighage in the appeal, then it can Admit it and dispose
the appeal. There is also power of the SC Judge to Consider the
precedent in deciding the appeal petition.
When the argument of both sides is over in the appeal petition, then the
judge may fix the date of delivering the judgement which is
generally within 1 month period.

When any advocate has shown a citation of 2018 in Support of the case
but it has been overruled in 2019, and this has been shown by the
opposite party's advocate, then the court will enclose the 2019 citation
which is latest in delivering the judgement.

The SC can overrule its earlier decision and declare a new

precedent. But the HC cannot overrule a precedent declared by the SC.

The HC Court is having the right to overrule its earlier precedent and
declare a new precedent.

If there are dissenting judgements of two HCs, then the judgement of

the respective HC is enforceable by the subordinate court in the
State as a precedent.

When the complete argument is over from both sides, then the judge may
fix the date to deliver the judgement. And such a date is generally within
1 month period, but on a reasonable ground, the judge can also extend
the date of the judgement.

The Judge may look by the complete file of the Case, documents on
record, and their admissibility, deposition of parties and
witnesses, and the relief claimed by the party. Points of
interpretation of the relevant provision of law and citations which
are enforceable in the particular case. After writing a detailed judgement
which may run to several pages to give directions of the H.C to admit
particular appeal and dispose it on merit of the case and H.C have to
comply directions given by the sc.

REFERENCE (SECTION-113)

Reference is done at judicial level only on point of law and not the fact
when any case is pending in Subordinate court and judge have no clarity
or there is confusion and on point of law which is involve in the case then
reference may be done by all Subordinate courts to HC and H.C can make
reference to SC

Purpose of reference is to avoid error on law point. If HC commit any error

on law point then it becomes precedent and all subordinate court may
follow it in delivering the judgement. Therefore error committed on law
point will be multiplied in subordinate courts whenever they apply
precedent and deliver the judgement therefore, provision of reference is
to avoid errors in law points. If includes following details.
 1. Reference is done at judicial level only on point of law and not point
of fact any fact has to be decided by the judge of trial court. law
point which is referred which is enforceable in pending case which
judge wants to decide
2. All Subordinate courts can make reference only to H.C and H.C Can
make reference to see particular law point is specified on a paper
and it is addressed in name of chief Justice of H.C such law point is
sent in sealed cover.

3. As long as opinion may not come judge may keep the case in
pending because such opinion is nec. necessary an delivering the
judgement.
4. Superior court may give opinion in writing, generally within 1 month
period.
5. When Sealed cover is addressed to chief justice of H.C then he may
give opinion himself or refer it to the other judge of H.C to give
opinion on that point. When opinion is given in writing then it is sent
in sealed cover to the judge who referred law points for opinion.
6. If H.C wants opinion on law point then it is specified on paper and it
is sent in sealed cover to chief justice of S.C. chief justice may give
opinion himself or obtain opinion from such other judge and it is
sent back in sealed cover generally within month period.

When opinion is given in reference then it is recommendatory and not

mandatory for subordinate court judge. If judge finds that opinion given
PA reference is suitable then he will apply it in pending case and deliver
the judgement. If judge finds that opinion given in reference is not
suitable to applied in pending case, then he may deliver "judgement in his
own way and may not apply the opinion delivered by Superior court on
law point.

REVIEW (SECTION-114) ↑ Reconsider

Review means to reconsider. Whenever court deliver judgement and there

is error in the judgement then party can file review petition in same
court. After hearing both sides if judge find that there is error in the
judgement then it is rectified and revised copy of judgement to be issued
to the party. If judge finds that there is no error then review petition can
be dismissed. In Such case party can make revision of that order in
superior court and again that court may consider whether there is error or
not. If there is error then superior Court can rectify it in and judgement
given is binding on the parties.

Ex: 'A' have given 30,000rps loan to 'B' in the month of June, again he
gave 40,000rps loan in the month of October and he gave 30,000rps loan
to 'B' in the month of December. There are 3 loan transaction between A'
and 'B' for which 'A' Can file one recovery suit, by mentioning all
transactions, it is called joinder cause of action in this transaction total
amt is 1 lakh but the honourable court pass the decree for only 70,000 rps
and committed error in considering 1 loan transaction after receiving
Same Judgement 'A' can file review petition, judge and highlight the error
in review petition judge may rectify this error and then issue the copy of
fresh judgement in 1 lakh review petition decree passed.

ADVANTAGES OF REVIEW PETITION

1. Because of review petition there is no need to file appeal in superior

court.
2. Review petition is decided speedily and it save the time of parties
and Court.
3. There is no need to pay court fee in review petition and it is less
expensive.

PROVISIONS OF REVIEW PETITION

1. Review petition have to be filed within 1 month or 30 days period

from date of judgement or receiving copy of judgement.
2. Review petition can be filed by same advocate before Same judge
who deliver the judgement.
3. In review petition error committed by judge to be Highlighted and
copy of judgement have to be enclosed with review petition.
4. Copy of review petition is issued to opposition pasty and that party
also represent the matter.
5. Court makes hearing of both the sides before giving Judgement in
review petition. petitioner have to prove that there is error in
judgement and defendant represent that there is no error.
6. After hearing both the sides if judge finds that there is unintentional
error in delivering judgement then judge can rectify error and issue
revised copy of Judgement, if judge finds that there is no error,
review petition can be dismissed, in such case petitioner can go to
superior court and file petition. Revision of orders Passed by
subordinate court again superior court considered there is error or
not.

1. After rectification court may issue revised copy of Judgement and it

is only enforceable against opposition Party

REVISION (SECTION-115) Appeal after judgement and Revision after

order.

Whenever subordinate court pass any order then aggrieved party can
make revision of that order in Superior Court having jurisdiction again- the
superior court make hearing of both-sides and decides whether order
passed by subordinate court is legal or not. It is power of the revisional
court to confirm, alter, Set aside order of subordinate court by recording
reasons.

When munsif court pass an order then revision of order can be done in
district Court. When district Court pass an order then revision of order is
done in HC and when HC pass an order then revision of order can be done
an SC. In HC or SC revision of order Can be done from the bench of less
no. of judges to bench of large no. of judges. Such as full bench,
Constitutional bench.

(4% reservation for minorities by SC)

DIFFERENCE BETWEEN APPEAL & REVISION

2. Appeal is allowed in superior court having jurisdiction after

judgement of case. Revision petition is filed after passing order by
subordinate court in any Case of civil matter.

2. When judgement is given then appeal can be preferred in superior

court having jurisdiction and Case is pending only in appellate
court. When order is passed by subordinate Court and revision of
order is done in superior Court then case is pending only by Superior
court in revision petition.
3. When judgement is given by subordinate court then appeal can be
preferred with in limitation period of 3 months or 90 days from the
date of judgement or receiving the copy of judgement. When order
is passed by subordinate courts then revision of order can be done
within 1 month or 30 days limitation period from the date of passing
order or receiving the copy of order.
4. When revision petition is filed then it should be an writing and relief
to be claimed by petitioner. Original copy of order passed by
subordinate court to be enclosed with revision petition.

INSTANCES WHERE REVISION PETITIONS IS ALLOWED

1. JURISDICTION Whenever subordinate court entertain any case

stating that there is jurisdiction and opposition party files revision
petition stating that court have no jurisdiction. In revision petition if
superior court pass the order that Subordinate court have
jurisdiction then subordinate court have to entertain and dispose the
case. If superior court pass the order that subordinate court have no
jurisdiction, then it cannot entertain and dispose the case because
order of superior court have to be complied by subordinate court.

2. EX PARTE DECREE OR ORDER When defendant makes default to

appear in the Court even though have been issued several times
then Court can pass ex parte decree or order by hearing only
plaintiff. Later on defendant appears with in 3 month period and
files a petition by giving reasons for his non-appearance and claim
 the relief to set a side ex parte decree. If Court set a side the
petition and refuse to set a side ex parte decree then he can do
revision of the order in superior court. If that Court pass the order
and set a side ex parte decree then subordinate court have to
initiate hearing of the case again.
3. AMENDMENT IN THE PLAINT when plaint has been filed then
plaintiff have right to make amendment in the plaint by order of the
judge. Plaintiff have to file petition to obtain permission of the judge
for amendment it is stated that amendment should be done in such
a way that the purpose of Suit should not get defeated. If Judge
reject amendment petition then revision of that order can be done
in Superior court. If that court grant permission for amendment then
subordinate have to comply order of Superior Court.
4. INJUNCTION Whenever any illegal act is being done or there is
possibility of performing illegal act then effected party can file
petition to prevent it called as petition for remedy of injunction. If
court rejects the petition to grant injunction, then petitioner can
make revision of that order in Superior court. And that Court may
either grant or reject the injunction depend on facts of the case. If
injunction is granted then respondent can make revision of that
order to vacate the injunction in Superior court, in revision petition
either confirm the injunction or vacate it depend on facts of the case
after hearing both the sides, it is power of superior court to confirm,
alter, set aside order of subordinate court in revision petition by
recording the reasons.

5. CONDONATION OF DELAY PERIOD Whenever any petition or suit

is filed in which delay has been caused then petitioner have to
enclose an application for condonation delay period by giving
reasons. If court reject that application then petitioner can make
revision of that order in superior Court. If superior court finds that
there is sufficient ground for condonation of delay then it can pass
such order which have to be complied by subordinate court.

LIMITATION ACT 1963

1. Objects of limitation Act

2. Condonation of delay period
3. Computation of limitation period
4. Acknowledgement

OBJECTS OR PURPOSE OF LIMITATION ACT Main object of limitation

Act is that:

1. There should be an end to litigation.

2. If there is hanging sword of litigation then there is no mental peace
in mind of relevant party and his family.
 3. Limitation act is helpful to reduce burden of cases on the
court. Whenever limitation period is over Court may reject the plaint
by making endorsement that suit is barred by limitation period and
therefore it is rejected. Unless delay is condoned the court have
power to reject the plaint which is barred by limitation period.
4. Every person who wants remedy from court should be aware about
his legal right and he should enforce it within appropriate period
specified in limitation Act.
5. "law always helps vigilant and not dormant?" It means law helps
active person and not lazy person. Everybody should be alert about
his right and enforce it without Causing delay.

7. If much delay has been caused then there is possibility that parties
and witnesses may have lose memory power and they may not be
able to remember the facts. It is difficult to conduct their chief and
cross examination affectively.
8. Time is very precious and every person who wants to take judicial
remedy should utilize the time and avoid the delay.
9. Time once start running will run nonStop and any party have to
enforce his legal right and obtain appropriate remedy by filing suit
with in limitation period.
10. If there is no limitation period then in loan transactions
recovery suit can be filed by creditor after number of years and
amount loan will be very heavy with interest and it create financial
burden on debtor.
11. It is also stated that "limitation act is legally right but morally
wrong.
12. Limitation Act has not given sword in hand of one party and
shield in hand of other party but whip is in hand of the court. It
means court can make condonation of any amount of delay on
reasonable ground and entertain the case by recording reasons.

GROUNDS OF CONDONATION OF DELAY PERIOD (S-5 to 11) OF

LIMITATION Аст. Wherever delay has been caused then petitioner have
to enclose an application by giving reason and pray the Court for
condonation off delay period. Court makes hearing of both sides and find
that there is sufficient reason legal disability or physical disability then
delay period is condoned and suit is entertained by the court. If Court
finds that there is no sufficient reason then application may be rejected
and in such case plaintiff have to approach superior court and file revision
petition again the order. If superior court finds that reason for condonation
of delay is proper then it may pass order and condone the delay
period. This order of superior court passed to be complied by Subordinate
Court.

MISTAKE OF ADVOCATE When any party approach the advocate with in

limitation period and pay the fee of advocate and also sign the
Vakalatnama and direct him to file the case within the period. If advocate
have done negligence or mistake and Cause some delay to file the
case. As this is the mistake of advocate and not the party. And therefore,
court may condone the delay and give warning to advocate not to Commit
such negligence in future. Court can also impose reasonable penalty
which advocate have to pay and entertain the suit or petition.

2. DEFECTIVE VAKALATNAMA When advocate file vakalatnama but it is

defective Such as there is no signature of party or advocate. If there is no
signature of party then it shows that party have not given consent to
pursue the legal matter on his behalf. If there is no signature of the
advocate then it shows that he has not accepted the case. Therefore the
judge can reject the plaint because of defective vakalatnama. After
rectification of error again case can be filed and delay caused in this
process will be condoned by the court.

3. MINORITY Minor means any person under 18 yrs age. Minority is having
legal incompetency and he cannot sue and be sued." If there is an
guardian or next friend is appointed then he can sue and be sued on
behalf of minors. If no next friend is appointed and there is no guardian
then minor can file the case after attaining age of majority. If delay is
caused then it is condoned by court on ground of legal incompetency of
the party to file case in the court.

UNSOUNDMIND unsound mind or insane person is having legal

incompetency to sue and be sued because of defective mental condition
such person cannot take judicial remedy because he cannot sue or be
sued. If there is guardian or next friend then such person can represent
case on behalf of such person. If there is no guardian or next friend then
period taken for his treatment is condoned by the court, after treatment
when he becomes normal then he can file the Case. He has to enclose
medical certificate that he is normal and period taken for treatment is
condoned by the court.

SICKNESS When any party is sick and admitted in hospital for treatment
as inpatient then he cannot file the case. After discharge from hospital he
can file case in the Court. He can enclose certificate of hospital that he
was under treatment for specific period and because of it delay was
caused to file the case. This is sufficient reason for Condonation of delay
period. If he is outpatient then it is not a sufficient ground for condonation
of delay period.

6. REJECTION OF PLAINT If court reject the plaint on some defective

ground such as court have no jurisdiction, court fee paid is insufficient,
after rectification of defect again he can file in the court having proper
jurisdiction. Delay caused in this process is sufficient ground for
condonation of delay period.

7. IMPOSSIBILITY Whenever impossibility arises because of any reason

then it is a ground for condonation of delay period, for ex: Law and order
problem, declaration of curfew, strike of transport then this is the
sufficient grounds which court can condone specific period of delay.

8. NO KNOWLEDGE OF FACT Whenever there is sudden death of head of

the family or guardian and family members are not aware about loan
transactions done by the later on family members found some promissory
notes in which head of the family have given loan to some debtors. By
enclosing this documents here of diseased person can file recovery suit.
Delay caused in this process may be condoned by the Court because
there is having no knowledge about the facts of transactions done by
kartha or head of the family.

9. HOLIDAYS OR VACATION If party wants to file the case on time but

court declared holidays or vacations for specific period. Limitation period
is suspended during period of holidays or vacation. When Court reopens
after holidays or vacations then party can file the case. Delay period of
holidays or vacation is condoned by the court.

10. DELAY IN GETTING COPY OF JUDGEMENT When Court deliver the

judgement or pass an order then aggrieved party can prefer an appeal to
superior Court within 3 months period. If order is passed then revision of
the order is done in superior court within 1 month period. In order to fine
an appeal copy of the judgement have to be enclosed with appeal
petition. In order to make revision of order, copy of order have to be
enclosed with revision petition. If court has caused a delay to issue copy
of judgement or copy of order then Court may Condone this delay
period. Actual limitation period is computed (Calculated) from the date of
receiving the copy Of judgement or the order.

COMPUTATION OF LIMITATION PERIOD [SEC 12-17] Computation

means calculation or assessment of limitation period. It is based on nature
of transaction Cause of action or act of the party. There is a schedule
enclosed with limitation act which gives detailed information about nature
of the act and permissible limitation period.

1. CONTRACT BETWEEN PARTIES "When there is contract

between parties then limitation period is computed from the
date which have been mentioned on the document. It is 3
years period within which party have to file case in court. If
period mentioned in contract is for 2 yrs then after expiry of
period there is computation of limitation period and again it is
3 yrs. period.

Ex: Bank have advance loan to a debtor limitation period is

computed from the date of execution of the document relating
to loan transaction. Bank have to file recovery suit against
debtor within 3 yrs period from the date which is mentioned
on the document or promissory note executed between
banker and the debtor.
2. TRANSFER OF PROPERTY ON LEASE When anybody transfers property
on lease then transferer is lessor and transferee is lessee In lease
property is transferred by giving possession to lessee for max. 99 yrs
period. When lease period expires then lessee have to vacate lease
property and hand over possession to lessor. They can also make renewal
of lease by mutual consent. If lessee is not vacating the lease property
then lessor have to file Suit for eviction of lessee in the count There period
is 3 yrs from the date of expiry of the lease period.

EX: A have given shop on lease to B for 5 yrs period after expiry of lease
period lessor have to file eviction petition against lessee within 3 yrs
period.

3. EXECUTION OF DECREE Whenever creditor file recovery suit against

debtor then court may pass the decree in favour of creditor. Again creditor
have to file execution petition in same court for attachment of property of
judgement debtor. Limitation period is calculated from the date of passing
the decree by the court. Execution petition have to be filed within 3 years
period from the date of passing the decree by the court. This period is
computed from the date which has been mentioned on the decree. There
is also provision of renewal of decree which can be done by same
court. This renewal is allowed for maximum 3 times and this period comes
to 9 yrs therefore total period for execution of decree is maximum 12 yrs
and after that limitation period comes to an end and decree Cannot be
executed.

⇒ COMPUTATION OF LIMITATION PERIOD RELATING TO

TORTS When anybody commit a tort then affected party can file in court
to claim damages or compensation any remedy in tort is of civil nature
and party have to file Case in civil Court. computation of limitation period
is done from date of cause of action and it is 1 yr period.

A published defamatory statement against B in newspaper on 1st Jan it is

right of B to file case against A and claim damages for the tort of
defamation, this period is computed from the date of cause of action and
it is from Jan-Dec which is 1 yr period.

A caused accident which resulted in death of B. family member of B Can

file Case against owner of the Car under vicarious liability to claim
compensation this period is computed from the date of accident which is
Cause of action and case have to be filed within 1yr period. Therefore for
any fort period is computed from date of cause of action and it has be
filed within limitation Period of 1 yr.

→REMEDY RELATING TO SERVICE MATTERS In any service employer

is having right to take action against employee according to
procedure. Such action may be suspension from service, termination from
service, reduction in rent, stoppage of increment whenever employer
takes such action he has to follow the procedure. After receiving order
employee have right to go to court for appropriate remedy. In any public
employment action of the employer subject to judicial scrutiny. Court
have right to examine whether such action is legal or illegal and whether
procedure had been followed or not. Therefore Court is having right to
confirm alter or set aside the action Of the employer by recording
reasons. This period is computed from the date of acknowledgement of
the order done by employee. Whenever he receives order then he has to
sign on duplicate copy and put the date called as
acknowledgement. Limitation period is computed from the date of
acknowledgement of the order done by employee and it is 3 months or 90
days period. Employee can -Challenge the action of employer within
limitation period of 3 months from the date of service order.

ILLEGAL POSSESSION OF IMMOVABLE PROPERTY Whenever anybody

takes illegal possession of immovable property then it is called as land
grabbing or encroachment in Such case owner can go to court for remedy
with in limitation period of 12 yrs. If owner fails to take remedy by the
Court, then easement right of possessor may be declared by the court.

→CHEQUE BOUNCING Sec- 138 Negotiable instrument

Act Whenever cheque have been issued and it is dishonoured by the bank
then effected party can file the case Undersec-138 of negotiable
instrument Act for remedy. Party have to issue notice to the drawer (who
issue cheque) within 1 month period from date of dishonour of
cheque. And in notice directions are given to the party to make payment
of amount of cheque. After expiry of month period of notice is not
complied by the drawer then the drawee (who got cheque) can file Case
within 1 month period." After expiry of notice period. Therefore limitation
period for cheque bouncing Case is 2 months. In which one month is to
issue notic and one month is to file the case. If delay is caused then
recovery suit can be filed in civil court, within 3 yrs period by enclosing
the cheque. Under sec- 138 of negotiable instrument Act Court is having
power to give punishment up to 2yrs imprisonment to the drawer and also
impose penalty up to double the amount of the cheque.

→DISSOLUTION OF PARTNERSHIP When party start partnership

business then they can dissolve the business whenever the dispute
occurs. After dissolution of Partnership firm there may be claim and
counter claim between the partners and they can sue each other.

In order to take remedy limitation period is 3 yrs from the date dissolution
of the firm.

→ REMEDY OF INJUNCTION Whenever any petitioner wants remedy of

injunction then limitation period is as long as act is in process and not
completed. After completion of legal act Court cannot grant such
remedy. And party, have to Challenge the legality of the act and claim the
damages or loss.
EX: A made encroachment on plot of B and Started Construction of the
house. Before Completion of construction B who is owner of the plot can
go to court and obtain remedy of injunction to prevent construction work.
After Completion of the construction Court will not grant remedy of
injunction and owner have to challenge legality of the Construction and
claim the damages.

→ EXECUTION OF WILL Any party can make a will in writing for disposal
of this property and such person is called as testator. Will can also be
enforced by filing petition in court, If there is dispute among the
heirs. Computation of limitation period is done after the death of testator
and it is 1 yr period to take remedy for execution of the will.

→ PETITION IN CONSUMER COURTS Consumer means anybody who

buy the goods or hire the services by payment of Consideration, if goods
are defective or deficiency in service the consumer can take remedy by
filing complaint or petition in consumer court. These remedy Can be taken
with in 2 yrs limitation period. This period is computed from the date an
which is mentioned on the receipt and it is 2 yrs period.

→LIMITATION PERIOD IN ADMISSIONS In admissions institutions have

to follow rules of reservation for BC SC ST of these rules are not followed
then any affected party can file petition for injunction on admissions if it is
in process, after completion of admissions he can challenge legally within
3 months period. This period is computed from " date of Closure of
admissions.

→ CONTINUITY OF TRANSACTIONS When Loan is booked for a long

term then debtor have to make payment of EMI to the creditor. If he make
payment EMI for specific period and after that makes
default. Computation of limitation is Period done from the date of last
EMI. And it is for 3 yrs period.

→ COMPUTATION OF PERIOD FOR APPEAL When Court give

judgement then aggrieved party can prefer an appeal in Superior Court
within 3 months or 90 days period. It is computed from the date of
judgement or receiving Copy of judgement.

→ REVISION OR REVIEW Whenever court pass any order then party can
file review or revision petition in superior court with in 1 month or 30 days
period this period is computed from date of passing the order or receiving
the copy of order.

ACKNOWLEDGEMENT (S-18) Whenever limitation period is coming to

an end then parties can execute new document which is based on earlier
transaction. There is fresh date mentioned on new document. Further
period is computed from the date which is mentioned on new document. It
is called as acknowledgement. Therefore in loan transactions parties can
extend the period by execution of new document which is based on earlier
transactions.

It includes following points:

1. There should be mutual consent of creditor & debtor for execution

of new document called as acknowledgement.
2. Acknowledgement should be in writing and it is based on earlier
transaction.
3. This document have to be signed by relevant parties and these are
creditor & debtor.
4. There should be free consent of both the parties for
acknowledgement.
5. This document have to be attested by 2 witnesses.
6. And In acknowledgement there should be free consent of both the
parties.
7. When there is acknowledgement then period is computed from the
date which is mentioned on new document.

8. In acknowledgement consideration is not necessary again because

this contract is valid without consideration.
9. When there is acknowledgement then earlier document is not valid
because it is substituted by execution of new doc. Therefore bez of
acknowledgement fresh period is available to the parties for
performance of contract and they can avoid to file case in the court.