Q1.

Parties to Suit
- Order I, Rules 1-13
- A necessary party is one without whom no order can be effectively made. Therefore, the "necessary party" is that party
without whose presence the suit must fail. This way, a necessary party is a mandatory party to the suit.
- Order I of the code provides provisions with respect to the parties to suits and joiner, misjoinder and non-joinder of
parties. Joinder of Plaintiff (Rule 1)
Joinder of Parties
Joinder of Defendant (Rule 3)
Joinder of Plaintiff (Rule 1): All persons may be joined in one’s suit as plaintiff. Same act or transaction or series of acts or
transactions is alleged to exist in such persons, whether jointly severally or in the alternative.
## Smt Monomoyee Baemani Vs Upeswari Barmani
Joinder of Defendants (Rule 3): Any right or relief in respect of same act or transaction or series of acts or transactions is
alleged to exist against such persons, Common question of law or fact, whether jointly severally or in the alternative.
## Mohd Farooq Vs Dist. Judge, Allahabad

Q2. Framing of Suit

- Order II deals with Framing of suit. It contains 7 Rules.
- Every suit shall as far as practicable be framed so as to afford for final decision upon the subjects in dispute and to
prevent further litigation concerning them.
- Order II contains 7 Rules: Rule 1: Frame of suit; Rule 2: Suit to include the whole claim; Rule 3: Joinder of cause of action
Rule 4: Only certain claims to be joined for recovery of immovable property;
Rule 5: Claims by or against executor, administrator or heir; Rule 6: Power of Court to order separate trails;
Rule 7: Objections as to misjoinder
(** Mention the Duties of Plaintiff and Defendants**)
Order II Rule 2: To ensure that no defendant is sued or vexed twice in regard to same cause of action.
It is to prevent the plaintiff from explicating the claims and remedies based on same cause of action.
It does not bar a second suit based on different and distinct cause of action.
## Alka Gupta v. N.K. Gupta, The Supreme Court in held that Order II Rule 2 does not bar a second suit on different and
distinct cause of action.

Q3. RES SUB JUDICE (Stay of Suit)

Res – Pending or dispute; Sub – Subject; Judice – Under judiciary control;
- ‘Res Sub Judice’ means a suit pending before a competent court for determination of rights and liabilities of the parties.
- Where 2 cases are filed between the same parties on same subject matter in 2 different courts, the competent court has
the power to stay the proceedings of another court. This is called ‘res sub judice’.
- Section 10 of the Civil Procedure Code 1908 deals with the cases of res sub judice.
Conditions for the applicability of Sec 10: i) There must be 2 suits, one previously instituted and the other subsequently
instituted; ii) The matter in issue must be substantially the same in both the suits;
iii) Both the suits must be between the same parties or their representatives; iv) The previously instituted suit must be
pending.

## PC Jainath Vs Mrs Amrit Jairath, 1966

Ex:- A resides in Hyderabad. He employs B as his agent to sell goods at Vijayawada. A dispute arises between A and B.
B files a suit against A in the city of Vijayawada claiming certain amounts towards the damages and breach of contract
from A. A files a suit in Hyderabad against B in respect of the same matter in issue.
As per the invoices, the phrase “subject to Hyderabad jurisdiction”, Hyderabad court is the competent court to try the
suit instituted by A. B could not initiate a suit at Vijayawada court.
Hyderabad court can only inquire into the matter and grant the relief claimed by A or dismiss his claim if B succeeds to
prove in his favour.
Q4. RES JUDICATA
- “ a thing adjudicated” is an issue that is finally settled by judicial decision.
- Sec 11 of Code of Civil Procedure 1908 explains about Res Judicata.
- No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and
substantially in a former suit between the same parties, or between parties under whom they or any of them claim,
litigating under the same title.
Doctrine of Res Judicata is based on the following maxims:
- Nemo debet lis vexed pro una et eaden causa (No man should be vexed twice over for the same cause)
- Interest republocae ut sit finis litium (It is in the interest of the state that there should be an end to a litigation)
- Ex capito res judicata (One suit and one decision is enough for any single dispute)
Conditions for Res Judicata:
- The matter must be directly and substantially is issued in two suits.
- The prior suit claiming should be between same parties and under same title
- The court which determined the earlier suit must be competent to try the later suit.
## Daryao Singh Vs State of UP, AIR 1961
Petitioner filed a petition in HC of Allahabad under 226 and it was dismissed. He further filed writ petition under 32 at SC
for same relief on same ground. SC dismissed the petition and upheld the contention of HC. Hence, the principle of Res
Judicata will also applied to writ petition, however it may be noted that the doctrine of Res Judicata will not apply to a
writ of habeas corpus.
Ex:- A sued B for the partition of some ancestral property. The suit was dismissed. A did not file any appeal before the
appellate court. Now A wants to file another suit against B on the same property. A is precluded to file another suit on
the same property against the same person.

Q5. Place of Suing

- Means venue for trial
- A suit or proceeding must be filed by the plaintiff in an appropriate and competent court, it must be convenient court, it
must be convenient to the parties, to lessen the expenditure and save the time of the courts.
- Sections 15-21A of the CPC 1908 deals with Place of suing
Sec 15- The plaintiff to file a suit in the court of the lowest grade competent to try them.
Sec 16-18: Suits relating to immovable property (uncertainty due to local limits, any one of those court can dispose suit)
Sec 19- Suits for compensation for wrong person to or to movable property
Sec 20- Is a residuary section and covers all cases not dealt with sections 15-19
Sec 21- Defendant can raise objections regarding the jurisdiction of a court in which a case is filed against him.
Sec 21A- Bar on suit to set aside decree on objection as to place of suing.
Jurisdiction Categories: Pecuniary, Territorial and Subject Matter
Pecuniary Jurisdiction: - Sec 15 of CPC 1908 refers to pecuniary jurisdiction of the court.
- The object of Sec 15 is that courts of higher grades shall not be overburdened with suits and secondly to afford
convenience to the parties and witnesses who may be examined by them in such suits.
- The pecuniary jurisdiction of the subordinate courts shall be determined by the High Court from time to time.
Sec 16- It provides that the suits must be instituted where the subject matter situate for the recovery of immovable
property or portion of immovable property.
Sec 17- It provides that where an immovable property is situated within jurisdiction of different courts the suit may be
instituted in any court with in the local limits of whose jurisdiction any portion of the property is situated.

Q6. Cause of Action

- The term ‘cause of action’ has not been defined in CPC
- Every suit is based on the cause of action, which is a bundle of essential facts, which it is necessary for the plaintiff to
prove before he can succeed; - ‘Cause of action’ is the foundation of the suit.
## Cooke Vs Gill (1873)
Sec 26 of CPC: Every suit shall be instituted by the presentation of a plaint – Sec 26(1).
Order VII Rule 11 of CPC: Plaint is a pleading, it’s a document in which plaintiff mention his ‘cause of action’ and the relief
that he wants to seek from court.
If a plaint doesn’t disease a cause of action court will reject such plaint.
Q7. Territorial Jurisdiction
- Every civil suit in regard to recovery/partition/sale, mortgage or redemption/determination of any right or
claim/compensation for wrong to immovable property or for recovery of movable property shall be instituted in the court
of law within whose local limits the property is situated.
- Sec 20 of CPC 1908 provides that for any suit every plaintiff may file a suit in the court of law within whose local limits
the defendant against whom claim arises voluntarily resides his business.
Kinds of Jurisdiction: Territorial / Local Jurisdiction; Pecuniary Jurisdiction
Territorial Jurisdiction: Sec 16-20 of CPC deals with Territorial jurisdiction of a court. Whereas Sec 16-18 about immovable
property and Sec 19 deals with suit for compensation for wrongs to persons are movable property.
Pecuniary Jurisdiction: Sec 15 of CPC deals with pecuniary jurisdiction. It provides that every suit shall be instituted in the
court of the lowest grade competent to try it.
Suits amounting upto 3 Lacs – lie before the Junior Civil Judge’s Courts.
Between 3 lacs – 15 Lacs: lie before the Senior Civil Judge’s Courts.
Exceeding 15 Lacs – lie before Dist. Courts.
Important to note that HC has no pecuniary jurisdiction and only appeal lies before it.

Q8. Summons
- Summons has not been defined in the code of Civil Procedure
- Summons is a legal document that is issued by a court on a person involved in a legal proceeding.
- Summons must be in writing, signed by presiding officer, stamped by seal.
- The court sends an intimation to the defendant that suit is instituted against him, and he is required to attend before
the court on a particular date to answer it. Such intimation is called ‘Summons’.
- Sometimes court sends summons to witness who is required in a suit, attend before court and to give the evidence.
- If the summons is not duly served then no action can be taken against the defendant.
- Order V of the CPC provides the procedure for the issues and service of summons to defendant. Contains 30 Rules.
Sec 27- Summons to defendants; Sec 28 – Service of summons where defendant resides in another state
Sec 29- service of foreign summons; Sec 30- Power to order discovery, subject to conditions and limitations prescribed
by court; Sec 31- Summons to witness; Sec 32- Penalty for default (after summons issued and not attended court)
Exception from appearance – Sec 132, 133 to woman who cannot compel to appear in public due to customs and other
manners. President of India, VP, Speaker of house, Union Ministers, SC Judges, HC Judges, Governors, States Ministers…
- According to Rule 4 of Order 5, a person will be exempt from appearing before the court if:
He does not reside within the local limits of the court’s jurisdiction or
He lives in a place that is more than 50 miles or 200 miles away from the court.

Q9. Plaint, Essentials of Plaint

- Plaint is a legal document which contains the written statement of the plaintiff’s claim presented before the civil court
of competent jurisdiction.
- Plaint is the first step towards the initiation of a suit.
- Order VII deals with ‘Plaint’ and contains 18 Rules.
Particulars or Essentials of Plain (Order VII Rules 1-8):
a) The name of the court in which the suit is brought.
b) the name, description and place of residence of the defendant.
c) the name, description and place of residence of the plaintiff.
d) When plaintiff or defendant is minor or person of unsound mind, plaint should contain a statement to that effect.
e) When cause of action is arisen
f) Plain should contain the relief, which plaintiff claims
## All India Reporter Ltd. And Anr. vs Ramchandra Dhondo Datar
Q10. Pleadings
- Pleadings a formal statement of the cause of action.
- Order VI Rule 1 defines ‘Pleadings’ – Pleadings shall mean plaint or written statement.
- Pleadings are a statement in writing drawn up and filed by each party to a case
- The object of pleadings is to give fair notice to each party of what the opponents case is, bring parties to a definite issue.
- Pleadings save time and expenses of the courts and parties.
- The main object of the pleadings is to find out and narrow down the controversy between the parties.
- The party who receives the opponent’s pleadings knows what points the opposite party will arise at the trial, and he will
prepare himself to face it with this evidence.
- Rule 14 provides that every pleading shall be signed by the party and his pleader or any authorized person behalf of
party.
- Rule 14-A provides for ‘Registered Address’ of party for service of notice.
- Rule 15 every pleading shall be verified by the party and signed by party.
Rule 17 – Amendment of pleadings
- This rule deals with amendments which a party desires to be made in his opponent’s pleadings or where any irrelevant
information or delayed the fair trial of the suit.
- Amendment of clerical and arithmetical mistakes in judgments, decrees and order. (Sec 152)
- Amendment of proceedings by court is moved to the parties or not to determine (Sec 153)
- Striking out or adding parties; ## Virendra Kashinath v. Vinayak N. Josh
Kinds:
Compulsory amendment – amending opponent’s pleading
Voluntary pleading – amendment of his own pleading

Q11. Written Statement

- A written statement is nothing but a reply from the defendant to the plaint led by the plaintiff.
- As per SC the defendant has to answer to a plaint.
- “Audi alteram partem” means ‘No man should be condemned unheard’ is the principle of natural justice. Both the sides
must be heard before passing any order or decree.
- ‘written statement’ has not been defined in CPC
- Order VIII of the Rules 1-5, 7-10 deals with written statement
- Before submitting the written statement the defendant must go through the plaint in detail and prepare his written
statement very strongly.
- Both Plaintiff and Defendant have rights to produce their evidences and documents in front of the court.
Rule 1 – Written Statement : Defendant should respond to plaint within 30 days from date of summons on him.
Maximum of 90 Days; ## Purushottam Umedbhai & Co vs M/S. Manilal And Sons
Rule 1A – Duty of defendant to produce documents upon which relief is claimed upon him;
Rule 2- New facts must be specially pleaded. Hence defendant must raise by his pleadings all matters;
Rule 3- Defendant must deal specifically with each allegation of fact;
Rule 4- Evasive denial; Rule 5- Defendant must deny the allegations;

Q12. Appearance of Parties & Consequences of Non-Appearance

- Order XI of CPC enacts the law in regards to appearance of parties to the suit and non-appearance.
- It also provides setting aside (ex parte) an order of dismissal of the suit.
Appearance of Parties: Rules 1, 12 (both parties to be presented; if not attended show the proper reason or cause)
Whether neither party appears: Rule 3 (suit will be dismissed by court)
Where only Plaintiff appears: Rule 6, 10
Where only Defendant appears: Rule 7-11
Where summon is not duly served: Rule 2, 5 and 6
Set aside decree (ex parte): Rule 13
No decree to be set aside without notice to opposite party: Rule 14
Q13. Set Off and Counter-Claim
Set-Off: Means a claim setup against another;
- The suit must be for the recovery of money. Recovery of property is not liable under setoff.
- Both the character of plaintiff and defendant should not be altered in the claim setoff
- The amount claimed to be set off must be ‘legally recoverable’
Kinds: Legal Set-Off (Order VIII Rule 6) and Equitable Set-Off (Order XX Rule 19)
- Legal set-off is ascertained amount, means a conclusive and indisputable amount.
- Legal Set-off can be claimed as of right and the court is bound to entertain and adjudicate upon it.
- Equitable set off means a set off for an uncertain sum of money arising out of cross-demands.
- Court fee is required in legal set off but not in equitable setoff.
- In majority of the cases in India using Legal Set-Off, whereas Equitable set-off rarely in India but common in England.
Counter-Claim: Ajay files a case on Vijay and claims that every time Vijay entered into my house by trespass and
occupying. Vijay also filed a counter – claim against Ajay, claims as that house (of Ajay’s) is belongs to Vijay only.

- Counter claim is deal under Order VIII, Rules 6-A to 6-G of CPC 1908.
- Counter claim is substantially a cross-action.
Rule 6A- counter claim by defendant; Rule 6B- Counter claim to be stated; Rule 6C- Exclusion of Counter Claim;
Rule 6D- Effect of discontinuance of suit; Rule 6E- Default of Plaintiff to reply to counter claim;
Rule 6F- Relief to defendant where counter claim succeeds;
Rule 6G- Rules relating to written statement to apply.

Q14. Framing of Issues

- Issue means a point in question, an important subject to debate, disagreement, an important subject to debate,
disagreement, discussion, argument or litigation.
- Issues are the backbone of a suit.
- The framing of issues has a very important bearing on the trial and decision of a case.
- Sec 11 bars trial of any suit as well as an issue.
- Order XIV and Rules 1-7 deals with determination and settlement of issues.
## Kaniz Fatima Vs Shah Naim Ashraf (AIR 1983 ALL 450)
Rule 1- The court is required to frame issues of facts that necessarily the properly arise for determining the real
controversy involved on the pleadings of the parties. Kinds: Issues of Law and Issues of Facts.
Rule 2- Court shall pronounce judgment on all issues.
Rule 3- Court may frame the issues based on allegations made on oath by the parties; allegations made in the pleadings;
Rule 4- Court may examine witnesses or documents before framing issues; Rule 5- Court has the power to amend;
Rule 6- Court has the power to amend and strike out the issues before passing a decree;
Rule 7- Court Satisfaction based on agreement duly executed by the parties.

Q15. Adjournment
- Fix a day for further hearing
- Order XVII deals with Adjournment, having 3 Rules
Rule 1: Court may grant time and adjourn hearing (based on sufficient cause, cost of adjournment, no adjournment
granted on a request of party, if pleader of party engaged in another court then no ground for adjournment, illness of
pleader on inability to conduct the case, if party is present but pleader is not available then court will record the
statement and pass the orders);
Rule 2- Procedure if parties fail to appear on day fixed;
Rule 3- Court may proceed not withstanding either party fails to produce evidence.
## Salem Advocate Bar Assoc. v. Union of India
Q16. Judgment. Decree and Order
Judgement: Order XX, Rules 1-5 deals with Judgment; Judgment defined under Sec 2(9);
Rule 1- Judgement when pronounced
Rule 2- Judge shall pronounce a judgment written but not pronounced by his predecessor
Rule 3- Judgment shall be signed
## Vinod Kumar Singh Vs Banaras Hindu University, AIR 1988
Rule 4- Judgment of the courts shall contain: concise statement of the case, points for determination, decision & reasons)
Rule 5- Court shall state its findings or decision with the reasons;
Rule 5-A: This rule is not applicable, if parties are represented with their pleaders.
Decree: Order XX, Rules 6-20 deals with Decree;
- After pronouncement of the Judgment, a decree shall follow.
- Sec 2(2) defines ‘Decree’; - Section 2(3) defines ‘Decree-holder’;
- There must be an adjudication, adjudication given to a suit, adjudication must determine the rights of parties;
- Determination must be conclusive determination
Types of Decree: Preliminary, final, partly preliminary & partly final, rejection of plaint
Order: Defined under Sec 2(14);
- Order is the formal expression of any decision of a civil court which is not a decree.
- The adjudication of the court which is not a decree is an order.
Kinds of Order: Appealable Orders, Non-Appealable Orders
Classes of Order: Final Order - disposes of claims and adjudicate rights & liabilities of all the parties in suit;
Interlocutory Order (Temporary/Interim) – Only settles intervening matter relating to the cause, a temporary order
issued during the course of litigation is called Interlocutory order, it is also knowing as interim order.

Q17. Difference between Judgment, Decree, Order.

Judgment Decree Order

Sec 2(9) deals with Judgment- means Sec 2(2) deals with Decree – means Sec 2(4) deals with Order- formal
statement given by Judge on the grounds formal expression of the adjudication expression of any decision of court which
of decree or order. (determines the rights & litigation). is not a decree.
Civil as well as criminal matters It is given only in suits (civil matters) Suits, applications and petitions
Judgment is not appealable Evert decree is appealable Every Order is not appealable, specific
appealable orders can be appeal.
Neither 1st appeal Nor 2nd appeal lies 2nd Appeal lies against decree passed in No 2nd appeal lies against orders passed
against Judgment 1st appeal in 1st appeal
It is not applicable for execution It is capable of execution It is capable of execution
Judgment has no classification 3 Classes of decrees: preliminary, final, 2 classes of order: interim order, final
partly preliminary, partly final order
Judgment is based upon facts of the case Decree is based upon a judgment Order is based upon a Judgment

Q18. Injunctions
- Injunction means stay order; relief; - It is in the nature of preventive relief granted.
Its main objective is to preserve the subject matter of the suit in status quo for the time being and to prevent any change
in it until the final determination of suit.

Tenant should not do any construction without Landlord permission. Landlord will file an injunction suit against Tenant
on the illegal construction work to stop.
Injunction Types: Prohibitory (Temporary i.e. Interim) & Permanent (Perpetual); Mandatory
Temporary(Interim) – Order XXXIX, Rules 1-5; It refrain(stop) a party for specified period; It is granted at any period of
suit; Court can withdraw it at any stage until a final order or decree passed.
Permanent(Perpetual): Granted by a decree made at the hearing of the suit. It is regulated by Specific Relief Act 1963;
It is determining the rights of the parties; Perpetual injunction is a decree; Perpetual injunction cannot withdraw;
It is granted upon the merits of the case and at final hearing of the suit. It is permanent in nature;
Q19. Suits by or against the government or public officers in their official capacity
- Sections 79-82 of the CPC explains about the suits by or against Govt or Public Officers in their official capacity.
- It is deals under Order XXVII which contains 8 Rules
- Sec 79 provides in a suit by or against Govt, the authority to be named as plaintiff or defendant as the case may be
a) Case of a suit by or against the Central Govt – the Union of India
b) Case of a suit by or against the State Govt – The State
- Sec 80 deals with the concept of Notice:
If anything against Central Govt, does not relate to the railways, notice to – Secretary or the Govt;
If anything against Central Govt, relates to the railways, notice to – General Manager of Railways;
If anything against State Govt, then notice served to – Secretary of State Govt or District Collector;
If any illegal act by a public officer – No notice served (exception to serve notice – Sec 80(2))
## State of Madras Vs C.P. Agencies (AIR 1960 SC 1309) Based on the reasons, demands or concerns it works.
Contents of Notice: Name, Description, Place of Residence of Plaintiff, Case of action and relief sought
- Sec 80(3) – Technical defect/Spelling Mistake

Q20. Appeal and its Types

- An Appeal is a proceeding in which a higher court reconsiders the judgment of a lower court on issues of law & facts.
- Authority of Higher court will affirm, reverse, change the decision or refer the matter to the lower court forum for new
decisions; - The term appeal has not been defined in CPC
- The person whom the order/judgment is passed is an aggrieved person.
- A person against whom the judgment is passed and if that person dead then legal representative can file appeal.
- Person who is a legal guardian in case of minor, can file appeal
Types of Appeal: First Appeal and Second Appeal:
- Appeals to SC; - Appeals to HC; - Appeals from Order
- Appeals from Original Decree; - Appeals from Appellate Decree
Powers and Duties of Appellate Court:
Powers: Order XXXXI of the CPC, Rules 23=33, Sections 96-108
- Power to decide a case finally; - Power to Remand; - Power to Issues and pass then for trials;
- Powers to take additional evidence; - Powers to modify decree;
- Powers to frame issues and refer them for trial;
Duties: Decide appeal finally; Not interfere with decree for technical errors;
Re-appreciate evidence; Record the reasons;
First Appeal – Based on question of Fact & Question of Law; Second Appeal – Substantial question of law;
Third Appeal: U/S of 109 of CPC under only Hon’ble SC of India under certain circumstances
Q21. Appeals from Original Decrees (1st Appeal), Appeals from Appellate Decrees (2nd Appeal), Appeals from Orders;
Appeals to the Supreme Court

Appeals from Original Decrees (First Appeal):

- Sec 96 of the CPC 1908 the first way of challenging the decree, passed by a court of original jurisdiction.
- An appeal may lie from an original decree passed exparte i.e. without hearing the other party
- No appeal will lie from a decree passed by the court with the consent of parties.
- This kind of appeal is also known as the first appeal.
- It is permissible for the appellate court to re-examine and re-appreciate the evidence in the first appeal
- No appeal where value involved is below Rs 10000, except on question of law.
## Baldev Singh Vs Surendra Mohan Sharma (AIR 2003 SC 225)

Appeals from Appellate Decrees (Second Appeal)/Appeal to HC:

- Sections 100-103 and 108 of CPC deals with Second appeal.
- This part of the code contains provisions relating to appeal from ‘appellate decrees’ unlike from original decree.
- Second Appeal clearly denotes it is an appeal filed against the order of an appellate court.
- Sec 100 provides that an appeal shall lie to the High Court from every decree passed in appeal by subordinate court.
- Second appeal lies only based on substantial question of law not on question of facts.
## State Bank of India & Others Vs S.N. Goyal (AIR 2008 SC 2594) – SC explained the substantial question of law

Appeals from Orders:

- Sec 104 to 108 and Order XXXXIII deals with appeal from orders
- Appeal can be filed only specified those orders which are made appealable Sec 104(1)
Order: Formal expression of any decision of a civil court which is not a decree.
- An appeal from an order can be filed in HC within 90 days & in another court within 30 days from the date of order.
(limitation Act 1963, article 114)
- Appeal from order in case in which they are appealable, shall lie to the court to which an appeal would lie from the
decree in the suit in which an order is made.
- Where such order is made by a court other than HC in the exercise of appellate jurisdiction an appeal should lie to HC.

Appeals to the Supreme Court:

- Appeals to the SC are governed by the provisions of Article 132, 133 & 134-A of Constitution of India with regard to civil
matters.
- Sec 109 & 112 with Order XXXXV deals with appeals to SC.
- Condition: An appeal would lie to SC u/s 109 only if the following conditions fulfill:
i) A judgment, decree or final order must have been passed by the HC.
ii) The substantial question of law of general importance must have been involved in the case.
iii) In the opinion of HC, the said questions need to be decided by SC.
## Jethanand & Sons Vs State of UP AIR 1961
Q22. Reference, Review and Revision
Reference: - Sec 113, Order XXXXVI contains 8 Rules of CPC empowers a subordinate court to state a case and refer the
same for the opinion of the High Court.
- A reference can only be made by a court when there is a reasonable doubt about a question of law or only when it is of
opinion that act is ultra vires (beyond the powers)

Rule 1- Under what circumstances a subordinate court can make a reference by referring a case to opinion of HC
Rule 2- Court may either stay the proceedings or may pass a decree or make an order.
Rule 3- HC to hearing the parties; Rule 4- Cost of Reference shall be cost in suit;
Rule 5- Powers of HC. HC has the power to return the case for amendment or may alter or may cancel or may set aside
decree or order, whatever HC thinks fit. ## Diwali Bai v. Sadashivdas
Review: Review means reconsider; Sec 114 of CPC defined Review; Order XXXXVII;

- In case of review, the party who is not happy or aggrieved with the order of the court can file an application for review
in the same court which has passed the decree.
- This provision has been made so as to facilitate the court to review their own decree or judgement and rectify the same
in case any error has been made while passing the judgement.
- Article 124 of Limitation Act provided that once the decree or order is passed, parties shall file the application within 30
days from the date of passing such decree (other than SC).
Grounds for Review: discovery of new and important matter/evidence; mistake or error on the face of record;
## Ram Baksh v. Rajeshwari Kunwar, AIR 1948 AII 213
Revision: - Sec 115 deals with ‘Revision’;
- If we go to the literal meaning, “to revise” stands for “to look again” or “to look repeatedly at” or “to go through a
matter carefully and correct where necessary”.
- For revision, the application is made to the High Court either by the aggrieved party of by High Court suo moto.
- According to article 131 of the Limitation Act, 1963 for a revision of the decree or order, the limitation period is 90 days.
The revision application is required to be made before the High Court within the limitation period.
- The ground for revision is jurisdictional errors by the subordinate court.
## Major S.S Khanna v. Brig. F.J. Dillion.

Q23. Limitation Act, 1963

History of ‘Law of limitation’:
Prior to 1859, there was no law of limitation applicable to the whole of India. It was only in 1859 that a law relating to
limitation was enacted that was applicable to all the courts. This law repealed and the Limitation Act 1908 was repealed
by the 3rd law commission and the Limitation Act of 1963 came into force.
Essential Features of the Limitation Act 1963: - It contains 32 sections and 137 articles.
- Minimum period of limitation prescribed in the act is 10 days and maximum period of 30 years.
- This act enacted on 5th Oct 1963 and commenced on 1st Jan 1964, applicable to whole India.
- It prescribes the time limit for filing suits, appeal & applications within which an aggrieved person can approach the
court for justice.
It is based on the following maxims:
Interest Reipublicae Ut Sit Finis Litium
- It is in the interest of state that there should be an end to litigation
Vigilantibus non dormantibus jura subvenient
- The law helps those who are vigilant and not to those who sleeps over their rights.
- This act doesn’t apply to defence.
- It can be setup by a successor in right or title.
- Negotiations or settlements of disputes do not same limitation.
Q24. Condonation Delay (or)
Examine the circumstances in which delay will be condoned under the provisions of the Limitation Act; (or)
What constitute ‘sufficient cause’ for condonation of delay under the limitation act; (or)
Discuss the nature and the scope of Sec 5 of the Limitation Act 1963.
- Section 5 of the Limitation Act 1963 explains about the extension of prescribed period in certain cases called as
‘Condonation of Delay’.
- This legislation enumerates relevant provisions regarding the delay in filing application, suit and appeal under
competent jurisdiction and how that delay can be condoned.
- The appellant or applicant must satisfy the court showing the genuine reasons for the delay.
- The reason shown must have sufficient cause.
- The court should be satisfied as to each day’s delay.
Sufficient Causes for condonation of delay:
i) illness: illness may constitute a sufficient cause. The appellant should prove that he was utterly disabled to attend to
any work. Illness must be suffered by the appellant himself or appellants counsel. If appellant’s family illness is no excuse.
ii) imprisonment: If appellant is undergoing imprisonment due to some criminal act, he will he the benefit under section 5
of this act. Jail authorities didn’t provide any facilities to file an appeal then delay can be condoned.
iii) Parda Nashin Lady: System of Parda nashin is not a sufficient reason to condone the delay.
iv) illiteracy: Appellant was illiterate is not sufficient reason to condone the delay.
v) Mistake of court or Mislead by Ruling: Mistake of court is a good cause of excusing the delay.
vi) Delay in obtaining Copies: in obtaining a copy of order or decree of a court, and such delay was caused by the officer
of court; - by the court itself in issuing orders; - due to the method wrongly adopted in proceeding;
vii) Negligence: Negligence of appellant or his agent does not constitute a sufficient cause and is not excusable.

## SRI VEERA HANUMAN RICE & FLOUR MILL &ANR Vs STATE BANK OF INDIA, RAMACHANDRAPURAM A.P
(2000) 5 SCC 248
The plaintiff SBI filed a suit against the defendant (appellant herein) on the file of the Senior Civil Judge,
Ramachandrapuram AP and obtained a preliminary decree on 31-12-1987 for a sum of Rs 70,087.75, the decree holder
(SBI) ought to have filed an application for passing a final decree in case of default on the part of the judgment-debtors
on or before 31-12-1991, but actually decree holder (SBI) filed an application on 27-7-1994 for passing a final decree,
along with an application under Sec 5 of the Limitation Act 1963 seeking for the condonation of delay of 714 days stating
that the legal advisor and the advocates of the bank was not well during that period.
The Judgment-debtor (Rice & Flour Mill) raised the objection pertaining to the condonation of delay contending that
during the above period the advocates of bank was attending court works in other cases and banks argument was wrong
and misleading.
The High Court did not consider the objection of the judgment – debtor (Rice & Flour Mill) and gave judgment in favour of
the Bank (SBI).
The aggrieved judgment-debtor (Rice & Flour Mill) appealed against it in SC.
Judgment: The Supreme Court gave judgment in favour of the judgment – debtor (Rice & Flour Mill) and held that
condonation of delay of 714 days was against Sec 5 of the Limitation Act 1963.
Q25. Legal Disability & effect on computation of limitation
- Generally litigation begins to run from the date of cause of action. But the Limitation Act itself provides certain
exceptions to this general principle. (Time period to file a suit is 12 Years)
- Disability is the want to capacity of the legal qualifications to act as such as have been mentioned in Sec 6 of the
Limitation Act 1963, as minor, insane or idiocy.
- Sections 3, 6,7,8,9 of the Limitation Act 1963 lays down the provisions extending the period of limitation to the persons
suffering with disability i.e. minor, insane or idiocy.
- As per section 3 of the Indian Majority Act, 1875 a person becomes major when he attains the age of eighteen years.
For the welfare of the child, the court appoints the guardian until he/she attains the age of majority. In some of the cases,
21 years of age is to be considered as the age of majority.
## Akhtar Hussain Vs Qudrat Ali (AIR 1923 Oudh 81)
- Sec 7 is the supplement or addition to Sec 6.
- The court held that if there are many individuals filing one suit and any one of them is disabled then time will not go
against them until the disease ceased to exist. However, if one of the parties to the suit was competent to discharge the
other without the consent of the other, time would begin to run against both of them.
- Sec 8 which serves as a special exception to sections 6 and 7;
- Rights of neighbor, which is not available in sec 6 and 7.
- Rights of pre-emption.
Ex:-

X- Property wanted to sale; A&B – Neighbors of that property

X should inform to A&B before selling the property, otherwise A&B will file a suit under pre-emption on X.
X should first offer to A&B.
- Time taken to recover from legal disability is more than the limitation period he gets if not a legally disabled.

- 3 years in general cases of limitations

i) If P’s property occupied by Q Then P get 12 years of limitations.
ii) If P’s legal disability takes 4 years of time to get recover then P will get 8 years of time limitation (12-4=8)
iii) If P’s legal disability takes 10 years of time to recover then P will get 3 years of time as limitation. (If anything less than
3 years also gets by default 3 years of limitation)
- Sec 9 provides that when time begins to run no subsequent disability or inability to institute a suit stops it.

Ex: A had given Rs. 10,000 loan to B on a promissory note executed on 1-5-1997. B didn’t re-pay.
A had to file a suit for recovery of money based on the promissory note on or before 30-4-2000. (The limitation period
prescribed for a pronote is 3 years). A had not filed any suit against B until 30-4-2000. A has become insane on 5-5-2000.
This subsequent disability cannot help A, because the time once has already begun to run.
A cannot sue B after he becoming sane or A’s representatives could not be entitled to sue B on behalf of A.

Computation of period of limitation (Exclusion of Time): Sec 12 – legal proceedings; Sec 13- cases where leave to sue;
Sec 14- Proceeding bonafide in court without jurisdiction; Sec 15- Certain Cases exclusion of time; Sec 16- Effect of Death
Sec 17- Effect of fraud or mistake; Sec 18- Acknowledgement in writing; Sec 19- Payment on account of debt;
Sec 20- Payment by another; Sec 21- Adding new plaintiff or defendant; Sec 22- continuing breaches and torts;
Sec 23- Suits for compensation; Sec 24- computation os time mentioned in instrument.