THE CODE OF CIVIL PROCEDURE, 1908

: AN INTRODUCTION

By
G. Vaishnav Kumar,
B.A., LL.M., PGCJFSC., (Ph.D)
Asst. Professor, PLC Hyderabad.
Prologue
Substantive Laws & Procedural Laws
1. establishes rights, obligations and 1. Lays down the means and methods
duties of individuals with other through which substantive law is
individuals or with the State.
enforced.
2. independent powers to decide the fate
of each case. 2. Doesn’t have any independent powers
3. governs the rights and duties of to decide the fate of each case.
individuals.
3. Governs the stages in which a civil
4. doesn’t exclusively deal with
proceedings inside a Court. proceeding proceeds.
5. regulated by Acts of Parliament or 4. Deals with the happenings of a Court.
government implementation.
5. Regulated by Statutory laws.
 Civil Laws & Criminal Laws
1. Object: to make good the injury 1. Object: to punish the wrongdoer. It
caused to a person, to compensate may or may not have the component
him for the injury caused. of compensating the victim.
2. Burden of Proof: “Preponderance of 2. Burden of Proof: “Beyond Reasonable
Evidence”. Doubt”.
3. Types of Punishment: Compensation 3. Types of Punishment: ranging from
for injuries, damages or disposition of fine to capital punishment based on
property. gravity of offence.
4. Parties: private individuals, in some 4. Parties: State is the party. In some
cases Govt. cases both sides private parties.
5. Eg: Indian Contract Act, Sale of Goods 5. Eg: Indian Penal Code, POCSO Act, Etc.
Act, etc.
The Code
What is a Code?
★ An Act - decision of the legislature passed into law. Eg: Hindu
Marriage Act, The Indian Contract Act, etc.
★ A Code - collection of already existing laws. Eg: Indian Penal
Code, Insolvency and Bankruptcy Code, The Code of Civil
Procedure, The Code of Criminal Procedure, etc.
★ Civil Proceedings in India - guided by the Code of Civil
Procedure.
What is Code of Civil Procedure?
★ Lays down procedure to be adopted in the civil courts in India.
★ It provides - fair procedure for redressal of disputes.
★ Purpose of the Code - to provide a litigant a fair trial in
accordance with the accepted principles of natural justice.
★ Procedural Law relating to the administration of Civil
proceedings in India.
What is Code of Civil Procedure?
★ Provides flesh and blood to the skeletal law system in India.
★ Nearly all civil proceedings conducted as per CPC with few
exceptions.
 Structure of the Code
★ Unique form of organization.
★ Code divided into Two parts – Sections & Orders (consisting of
Rules).
★ Part I – Consisting of 158 Sections.
★ Part II – Consisting of First Schedule (51 Orders & Rules).
★ Sections – outline general principles.
★ Orders and Rules – prescribe the detail procedures and methods
that govern sections.
 Code in Action
★ In practice the following formula is used:
General Principles of Law + Sections of CPC + Orders of CPC +
Rules of CPC + Civil Rules of Practice = Civil Litigation
★ In case of conflict between provision of special enactment and
CPC = Special Enactment shall prevail.
★ In case of special enactment being silent on any aspect =
provisions of the CPC may be applicable.
★ Always remember, the provisions of CPC are there to supplement
the law and not to supplant the law.
 Code in Action
★ In the case of conflict between the substantive civil law and civil
procedure – then substantive law shall prevail.
★ Very few amendments were carried out.
 Historical
Background
 Historical Background
★ 1st Enactment – 1859; not applicable to Supreme Court in the Presidency
Towns and to the Presidency Small Cause Courts.
★ 2nd Enactment – 1877; it did not fulfill the requirements of time and large
amendments were introduced.
★ 3rd Enactment – 1882; it was felt that the Code needs some flexibility to
breathe the air of speed and effectiveness.
★ 4th Enactment – 1908; enacted in order to speed up the trial and bring
flexibility.
★ It was drafted by the Committee headed by Sir Henry Earle Richards.
Consolidation
&
Codification
 Consolidation & Codification
★ Prem Lata Nahata & Anr v. Chandi Prasad Sikaria - (2007) 2 SCC 551

Hon’ble SC observed that the Code consolidates and amends the

laws relating to the procedure of the Courts of Civil Judicature.
No doubt it also deals with certain substantive rights. But its
essential object is to consolidate the law relating to the civil
procedure.
 Extent
&
Applicability
 Extent & Applicability
★ The Code extends to whole of India except
A. The State of Jammu & Kashmir (made applicable vide J&K
Reorganization Act 2019).
B. The State of Nagaland & Tribal Areas.
C. Also extends to Amindivi Islands & East Godavari and
Visakhapatnam Agencies in A.P. and the UT of Lakshadweep.
D. By 1976 Amendments – Application of the provisions of the code
are extended to scheduled areas also.
Code of Civil
Procedure:
Principal Features
By
G. Vaishnav Kumar, Asst. Professor,
Pendekanti Law College, Hyd.
Interpretation
Interpretation of Civil Procedure Code

● As important as substantive laws.

● Function of procedural law - facilitate justice and further its
ends.
● Must be construed liberally – rendering the enforcement of
substantive rights effective.
● Hypertechnical view should not be adopted while
interpreting.
● SC held – the party cannot be refused just relief merely
because of some mistake, negligence, inadvertence of even
infraction of the rules of procedure.
Retrospective Operation
 Retrospective Operation

● Principle – procedural laws are always retrospective

in operation unless there are good reasons to the
contrary.
● The reason is no one can have a vested right in forms
of procedure.
Principal Features of the
Code
 Principal Features of the Code
● Substantive part of the code – Upto S.158.
● First Schedule comprises 51 Orders and Rules of
procedure.
● Appendices contain Model Forms of Pleadings,
Processes, Decrees, Appeals, Execution Proceedings,
etc.
● Sections 1-8: Preliminary in Nature (Commencement,
Applicability, Extent, Definition Clause, Constitution of
Courts and their Jurisdiction).
 Principal Features of the Code

● Sections 9 to 35-B and Orders 1 to 20 : deal with suits.

(S9 – bar of jurisdiction, S.10- Res Sub Judice, S.11- Res
Judicata, S.13 & 14 Foreign judgements).
● Sections 15 – 21-A : regulate place of suing, S.22 to 25
provisions for transfer and withdrawal of suits, appeals
and other proceedings from one court to another.
● Orders 1 to 4 – Institution and frame of suits, parties to
suit and recognized agents and pleaders.
 Principal Features of the Code

● Order 5 – Issue and Service of Summons.

● Order 6 – Pleadings.
● Order 7 & 8 – Plaints, Written Statements, Set-Offs and
counter claims.
● Order 9 – Appearance of parties to suit and remedy for
setting aside exparte orders and decrees.
 Principal Features of the Code

● Order 10 – Examination of parties by the court to

ascertain matters in dispute.
● Orders 11 -13 – Discovery, inspection and production of
documents and also the admissions by the parties.
● Order 14 – deals with the framing of issues.
● Order 15 – deals with pronouncement of judgement at
the first hearing in certain cases.
 Principal Features of the Code

● Orders 16 -18: provisions for summoning, attendance

and examination of witnessed and adjournments.
● Ss. 75 – 78 (Part III) & O26: Issuance of Commissions.
● Ss. 94 & 95 and O.38 – arrest of defendant and
attachment before the judgement.
● O.39: Issuance of temporary injunctions and
interlocutory orders.
● O.41 to 47: Appeals, Reference, Review and Revision.
● SS. 36 to 74 & O.21: Speak about execution.
 Principal Features of the Code

● S.121 to 131 – HCs can frame rules to regulate their

own procedure under their superintendence.
● S.148 – 153-A: confers inherent powers on the court.
The Code of Civil Procedure:
Courts & Jurisdiction
By
G. Vaishnav Kumar
Asst. Professor, PLC, Hyderabad
COURTS
 Courts

❖ Definition:Any duly constituted tribunal administering the laws of

the state or nation. (Black’s Law Dictionary).
❖ Hierarchy of Courts: implicitly in the CPC.
❖ S.3 of CPC : Subordination of Courts –
➢ District Court is subordinate to the High Court, &
➢ Every Civil Court of a grade inferior to that of a District Court &
➢ Every Court of Small Causes is subordinate to the High Court and District Court.
JURISDICTION
 Jurisdiction

❖ Courts of Law are laid out in hierarchy as per their jurisdiction.

❖ Jurisdiction: the official power to make legal decisions and
judgements OR
❖ The extent of the power of a court to entertain suits and applications.
❖ Jurisdiction further classified into three types.
KINDS OF JURISDICTION
Vestibulum congue tempus Vestibulum congue tempus Vestibulum congue tempus
TERRITORIAL PECUNIARY SUBJECT MATTER

❖ Relates to the territorial ❖ Relates to the ❖ Relates to the

Lorem ipsum dolor sit amet, consectetur Lorem ipsum dolor sit amet, consectetur Lorem ipsum dolor sit amet, consectetur
limits.
adipiscing elit, sed do eiusmod tempor. valuation of suits in
adipiscing elit, sed do eiusmod tempor.
subject
adipiscing matter
elit, sed do eiusmod of
tempor.

❖ Varies from munsiff terms of money. the suit.

area to whole of India. ❖ Varies as per each ❖ Specific courts are
state. there for different
subject matters.

Vestibulum congue tempus

Types of Jurisdictions
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor. Ipsum dolor sit amet elit, sed do eiusmod tempor.

These kinds of jurisdictions are explicitly mentioned in Code of Civil

Procedure..
 ORIGINAL APPELLATE

● The court which can

● Hears an appeal
directly entertain
from a court of
the matter.
original jurisdiction.
● The power to hear a
● Right from District
case for the first
Court to SC.
time.
JURISDICTIONAL ASPECTS
 JURISDICTIONAL ASPECTS

❖ Limits imposed by Statute constituting the court.

❖ Extended or Restricted by Statute.
❖ No Restriction – unlimited jurisdiction.
❖ Where no jurisdiction (Pec, Org, Sub) to try a matter – express
consent of the parties, waiver or acquiescence cannot create it.
❖ Where jurisdiction – consent of parties, waiver, acquiescence or
estoppel can’t take it away.
 JURISDICTIONAL ASPECTS
❖ When 2 or more courts – the parties with consent may select the one and
exclude the other.
❖ Defect in jurisdiction – strikes at the very authority of the court to pass
the orders.
❖ Order passed without jurisdiction – invalid and null – can be set up as
defence at any stage.
❖ Defect of jurisdiction cannot be cured.
❖ Civil Court has inherent jurisdiction to decide whether it has jurisdiction
in a matter or not.
The Code of Civil Procedure:
Hierarchy of Courts
By G. Vaishnav Kumar
Asst. Professor, PLC, Hyd
Hierarchy of Courts
Hierarchy of Courts
● Hierarchy means ranking of the courts.
● Varies as per different states - nevertheless the Supreme Court is Apex
Court; High Court is the highest court in the concerned province and
District Court is the highest court of the district.
● For our purpose of study: We will consider the hierarchy of courts in
Telangana and A.P.
Hierarchy of Courts: Diagramatic Representation
Supreme Court of India

High Court

District
Courts

Court of Junior Civil Court of Senior Civil

Judge Judge
Hierarchy of Courts &
Jurisdictions
 Supreme Court of
District Courts High Court India

❖ Highest Court in ❖ Highest Court in the ❖ Highest Appellate

the District. State concerned. Court in Land.
❖ Exercises ❖ Hears Appeals from ❖ Has Original,
District Courts and
jurisdiction over Appellate,
Subordinate Courts.
the subordinate Supervisory,
❖ Power of
courts, hears Superintendence Extraordinary,
appeals from over subordinate Jurisdictions.
them. courts.
Territorial Jurisdiction of Courts
● Supreme Court – over the whole of India.
● High Courts – over the concerned state(s), one high court can be there for
two or more states.
● District Courts – over the concerned district, one district court can be
there for two or more districts.
● Senior Civil Courts – over the concerned Mandals or Munsiff areas.
● Junior Civil Courts – over the concerned Mandals or Munsiff areas.
Pecuniary Jurisdiction of Courts
● Supreme Court – Any matter.
● High Courts – Any matter.
● District Courts – over the matters whose suit valuation exceeds
Rs. 50 Lakhs. Appeal Suits below Rs. 35 Lakhs.
● Senior Civil Courts – over matters whose suit valuation is between
Rs. 20 - 50 Lakhs.
● Junior Civil Courts – over the matters whose suit valuation is below
Rs. 20 Lakhs.
Subject Matter Jurisdiction of Courts
● Supreme Court – Any matter.
● High Courts – Any matter.
● District Courts – over the civil matters.
● Senior Civil Courts – over the civil matters.
● Junior Civil Courts – over the civil matters.
The Three Great Rules of
Jurisdictions
The Three Great Rules of Jurisdiction of Courts
● No court shall entertain any suit, the amount or the value of the subject
matter of which, exceeds the pecuniary limits of its jurisdiction. (Section 6).
● No court shall entertain any suit which as regards to the subject matter
thereof, has been exempted from its cognizance.
● Every suit shall be instituted in the court of the lowest grade competent to
try it. (S.15).
● In the case of lack of jurisdiction - the order passed by that court is ‘Non est
in the eyes of law’ and void ab initio.
The Code of Civil
Procedure: Bars to
Jurisdiction
By
G. Vaishnav Kumar
Asst. Professor, PLC, Hyderabad
Bars to Jurisdiction
Bars to Jurisdiction: The Rationale
❏ The CPC which confers jurisdiction upon Civil Courts also speaks
about Bar to the jurisdiction.
❏ Bars imposed to restrict the powers of the court.
❏ Why to restrict?
❏ “Power corrupts and absolute power corrupts absolutely”.
❏ To ensure hierarchy and subordination of courts.
Bars to Jurisdiction: Classification

Bars to
Jurisdiction

Implied Bar Express Bar

Bars to Jurisdiction: Implied & Express
❏ Implied Bar - implicit in the CPC - not expressly mentioned.
❏ Express Bar - explicit in the CPC and also under other laws.
❏ When jurisdiction is barred - Courts cannot entertain a suit.
❏ Even then if court entertains a suit - Order of the court non est in
the eyes of law - Not binding on any of the parties.
❏ Implied Bar - Section 9 of CPC
❏ Express Bar - Sections 10 & 11 of CPC and Other laws in force.
Bars to Jurisdiction: Implied Bar
❏ Dealt under Section 9.
❏ Section titled “Courts to try all civil suits unless barred.”
❏ Civil courts are empowered to try suits of civil nature.
❏ The word “Civil” not defined under the Code.
❏ Then How to know whether a case is civil or not?
❏ It all depends upon the subject matter of the suit.
Bars to Jurisdiction: Civil Nature
❏ Civil Suit - Involves determination of Civil Rights.
❏ What are civil rights?
❏ rights and remedies vested in a citizen, within the domain of
private law as distinct from rights related to criminal / political
matters.
Bars to Jurisdiction: Civil Nature
❏ Different kinds of suits of civil nature:
❏ Matrimonial Issues: Restitution of Conjugal Rights, Nullity of
Marriage, Divorce, Judicial Separation, Maintenance, etc.
❏ Contractual Transactions
❏ Specific Reliefs
❏ Recovery of Property
❏ Partition of Property
❏ Suits relating to Partnership
Bars to Jurisdiction: Civil Nature
❏ Suits which are not of civil nature:
❏ Suits relating to caste and social relations.
❏ Suits relating to religious questions.
❏ Suits relating to elections.
❏ Suits relating to political disputes.
❏ Suits which are expressly barred by law.
Bars to Jurisdiction: S.9 Explanation I
❏ Suits involving Right to Property or
❏ Right to Office
❏ Both are Civil Suits.
❏ Notwithstanding such right may depend entirely on the decision of
questions as to religious rites or ceremonies.
Bars to Jurisdiction: S.9 Explanation II
❏ Suits involving Right to Property or
❏ Right to Office
❏ Both are Civil Suits.
❏ Immaterial whether fees attached to that office OR
❏ Whether such office is attached to a particular place or not.
The Code of Civil Procedure:
Doctrine of Res Subjudice
By
G. Vaishnav Kumar
Asst. Professor, PLC, Hyd.
Meaning
Meaning of Doctrine of Res Subjudice
❖ Deals with stay of civil suits.
❖ Provides – no court shall proceed with the trial of any suit in
which the matter in issue is also directly and substantially in
issue in a previously instituted suit between the same parties
and that the court in which the previous suit is pending is
competent to grant the relief claimed.
❖ S.10 speaks about Doctrine of Subjudice - Express Bar.
The Object of S. 10
Object of Section 10
❖ To prevent courts of concurrent jurisdiction from:
➢ Entertaining and adjudication – two parallel litigations.
➢ In respect of same cause of action; same subject matter and
same relief.
❖ S.10 can be invoked at any stage of the suit.
❖ S.10 mandatory – if the objecting party does not object to the
trial and the trial concludes – he cannot raise the same
objection in an appeal.
The Fundamental Test
The Fundamental Test
❖ Whether the decision in a previously instituted suit would
operate as res judicata in the subsequent suit. If it is so, the
subsequent suit must be stayed.
Suit pending in a Foreign Court
❖ Explanation: there is no bar on the power of an Indian court to
try a subsequently instituted suit if the previously instituted
suit is pending in a foreign court.
The Conditions for attracting S.10
The Condition for Attracting S.10
❖ Suits between – same parties;
❖ Matter in later suit – directly & substantially the same as in
previous suit;
❖ Both suits must be pending in a court of law;
❖ The parties must be litigating – under same title in both suits.
❖ Explanation: there is no bar on the power of an Indian court to
try a subsequently instituted suit if the previously instituted
suit is pending in a foreign court.
Inherent Power to Stay
Inherent Power to Stay
❖ Even if S.10 does not apply – inherent power U/s. 151 to stay
the matter.
❖ Court - inherent power - consolidate different suits between
the same parties in which the matter in issue is substantially
the same.
Other provisions related to Stay
Other provisions related to stay
❖ Court has power to stay:
❖ Suit which is – an abuse of its process.
❖ Cross suits on the ground of convenience.
❖ Any suit even if it is not covered by S.10.
❖ High Court – power to stay suit pending in another court S.151.
Consolidation of Suits
Consolidation of Suits
❖ Purpose of S.10 – avoiding two conflicting decisions.
❖ A court in an appropriate case can pass an order of
consolidation of both the suits.
Contravention of S.10: Effect
Contravention of S.10: Effect
❖ Decree passed in contravention – not a nullity and cannot be
disregarded in execution proceedings.
❖ Only the trial and not the institution is barred under this
section.
❖ This rule of procedure can be waived by a party.
❖ If parties waive – their right and expressly ask the court to
proceed with the subsequent suit, they cannot afterwards
challenge the validity of subsequent proceedings.
Interim Orders
Interim Orders
❖ An order of stay of suit does not take away the power of the
court from passing interim orders.
❖ Open for the court to make interim orders.
Case Laws
Case Laws
❖ Indian Bank v. Maharashtra State Co-operative Marketing
Federation Ltd., AIR 1998 SC 1952.

The Rule applies to trial of a suit and not the institution

thereof. It also does not preclude a Court from passing interim
orders, such as, grant of injunction or stay, appointment of
receiver etc.
Case Laws
❖ Indian Bank v. Maharashtra State Co-operative Marketing
Federation Ltd., AIR 1998 SC 1952.

Sec.10 declares that no Court should proceed with the trial of

any suit in which the matter in issue is directly and
substantially in issue in a previously instituted suit between
the same parties and the Court before which the previously
instituted suit is pending is competent to grant the relief
sought.
Case Laws
❖ Bal Kishan v. Kishan Lal, (1889)

The object of the Rule contained in Sec.10 is to prevent Courts

of concurrent jurisdiction from simultaneously entertaining
and adjudicating upon two parallel litigations in respect of the
same cause of action, the same subject-matter and the same
relief. The policy of law is to confine a Plaintiff to one
litigation, thus obviating the possibility of two contradictory
verdicts by one and the same Court in respect of the same
relief.
 Case Laws
❖ Neeta vs. Shiv Dayal Kapoor & Others, (2014) 1 ICC 851

It was held that the subsequent matter cannot be stayed if the

conditions mentioned in Section 10 are not fulfilled. In the
apparent case, the two courts which tried the same issues were not
the courts having concurrent jurisdiction. Therefore, the
proceedings in the subsequent court were not stayed.
The Code of Civil Procedure:
Doctrine of Res Judicata
By
G. Vaishnav Kumar,
Asst. Professor, PLC, Hyderabad.
Introduction
Introduction
➔ Important doctrines - jurisdiction of the court.
➔ Section 11 of the CPC.
➔ Also known as the “Rule of Conclusiveness of a judgment” or
“Rule of Preclusion (act of preventing something)”.
➔ It enacts - once a matter is finally decided by a competent court,
no party can be permitted to reopen it in a subsequent litigation.
Meaning of Res Judicata
Meaning of Res Judicata
➔ Spencer Bower: “a final judicial decision pronounced by a
judicial tribunal having competent jurisdiction over the
cause or matter in litigation, and over the parties thereof.”
Principles underlying Res Judicata
Principles underlying Res Judicata
➔ Latin: Interest republicae ut sit finis litium – in the interest of the state
there must be an end to the litigation.
➔ Latin: Nemo debet bis vexari pro una et eadem causa – No one shall be
vexed twice for the same cause.
➔ Latin: Res judicata pro veritate occipitur – (a judicial decision must be
accepted as correct).
➔ S.11 – Bulky Section – includes VIII Explanations to the main section.
Applicability of Doctrine
Applicability of Doctrine
➔ Fundamental concept based on public policy and private interest.
➔ Aims at larger public interest (end to every litigation).
➔ It applies to – civil suits, execution proceedings, arbitration
proceedings, taxation matters, industrial adjudication,
administrative orders, interim orders, criminal proceedings, etc.
Res Judicata v. Res Subjudice
Res Judicata v. Res Subjudice
➔ Res Judicata – matter already decided;
➔ Res Sub Judice – matter pending trial.
➔ Res Judicata – bars trial of a suit / an issue which has been
decided in a former suit.
➔ Res Sub Judice – bars trial of a suit which is pending decision in
a previously instituted suit.
Some General Rules
Some General Rules
➔ Waiver – the plea can be waived since it is a rule of procedure.
➔ Liberal Interpretation to be given – since founded on high ground of
public policy and deals with giving finality to the judicial orders.
➔ Whether mandatory – touches upon the jurisdiction of the court to
try civil proceedings. If requirements are met then S.11 is applicable.
➔ In case of withdrawal of suit or abandonment of claim by plaintiff –
Res Judicata applies – no fresh suit on same cause of action
Conditions for Res Judicata
Conditions for Res Judicata
➔ Two suits between the same parties or their representatives.
➔ Litigating under the same title.
➔ Matter directly and substantially in issue in both the suits must be
similar.
➔ One of such suits must have been heard and finally decided. Not
applicable if the former suit – still in appeal and not had attained
finality.
➔ The court which decided the former suit - competent to grant relief
claimed in the subsequent suit.
Conditions for Res Judicata
➔ Both the suits must be between the same parties or their
representatives. In other words, the parties to the subsequent suit
must be deriving their titles to the subject matter of the suit from the
parties of the former suit. They must be successors-in-interest of
the parties to the former suit.
Conditions for Res Judicata
➔ They must be litigating under the same title. Eg:- A party filing a case
against the respondent tenant in the capacity of the landlord and
later he filing a suit as the creditor against the tenant.
Conditions for Res Judicata
➔ The matters in issue - matters which are alleged by one party and
either denied or admitted by the other party. The matter may be
actually in issue of constructively in issue.
➔ Constructive Resjudicata: Explanation IV to Section 11 says that any
matter which might or ought to have been made a ground of defence
or attack in the former suit shall be deemed to have been a matter
constructively in issue in that suit.
Constructive Res Judicata
➔ Thus, if a matter which might and ought to have been raised by the
plaintiff in the former suit is not raised by him there he would be
estopped from raising the same question in a subsequent suit
between the same parties.
➔ State of U.P. V. Nawab Hussain, AIR 1977 SC 1680 (Dismissal of SI
Police).
Exceptions to Res Judicata
➔ Raju Ramsing Vasave v. Mahesh Deorao Bhivapurkar (2008) 9 SCC 54
➔ Supreme Court laid down 3 exceptions to the rule of Res Judicata

(i)When judgment is passed without jurisdiction.

(ii) When matter involves a pure question of law.

(iii) When judgment has been obtained by committing fraud on the

Court.
The Code of Civil Procedure:
Stages of A Civil Suit
By
G. Vaishnav Kumar,
Asst. Professor,
Pendekanti Law College, Hyderabad
Introduction
Introduction
★ A Civil Suit - Divided into number of Stages.
★ Stages - followed in every civil litigation anywhere in the country.
★ Uniform Stages - Some minor variations.
★ Essential to remember the stages.
★ Finding the stage and recalling which is the next stage: Key to Success in the
Practice.
★ Stages of the Civil Suit - similar to national highway - no matter which every bylane
you take, you ultimately end up on the road of civil litigation.
Important Stages
Important Stages
★ Can be broadly Classified into:
○ Pre-Litigation Stage [From Notice till numbering of plaint]
○ Litigation Stage [From Summons till Judgement]
○ Post -Litigation Stage [Stage of Execution ]
Pre-Litigation Stages
 Numbering of
Legal Notice Filing of Plaint Scrutiny of Plaint
Plaint

● Legal Notice issued ● Plaint filed in the ● Endorsed by the judge ● If everything is in
by an advocate / necessary format. as “Check & Put up”. proper format and
simple notice issued ● Drafted according to ● Scrutinized by the CMO order.
by a party. the format given and / Superintendent of ● The plaint is
Court.
● Based on Audi as per civil rules of allocated the
● All the necessary
Alteram Partem. practice. number.
contents such as
● Not mandatory - but ● Filed along with cause of action, ● For Example:
preferrably good. necessary jurisdiction, prayer, O.S. No. 25 of 2020.
● U/s. 80 - Govt. documents, Court court fee and other
Authorities - Notice fees, Vakalat, essentials examined
Mandatory. Process Forms and ● Chance is given to
other requirements. rectify the defects.
Litigation Stages
 Summons Written Statement Framing of Issues

● Issued by the Court to the ● On the date of ● Framed by the Court after
Defendants. Mentions appearance - Defendant going through pleadings,
date of appearance to file written statement. material produced by the
● Summons along with a ● Written Statement must parties.
copy of the plaint and be in prescribed form. ● Court can frame
documents sent to the ● If defendant(s) does not additional issues if the
defendant(s). appear - Set Exparte. facts change.
● Process Charges for ● If defendant(s) appears ● Issues deal with the crux
serving of summons is but fails to file WS - Right of the case.
sent. to File Written Statement
● Summons sent through is Forfeited.
Process Server and also
Regd. Post with Ack.
 Cross Examination of Further Evidence of
Chief Evidence of Plaintiff
Plaintiff Plaintiff

● Filing of the Chief ● The plaintiff will be cross ● After plaintiff cross
Evidence Affidavit of examined by the examination, further
Plaintiff. defendant(s) or his / their evidence can be
● Made to take oath and the counsel. presented from plaintiff
documents on behalf of ● Questions will be put and side.
plaintiff are marked as A1, the answers of the ● It can be plaintiff or other
A2, so on… plaintiff will be recorded witnesses.
by the court. ● After examination again
● The statement and the the new witness / plaintiff
answers recorded on oath will be cross examined.
are known as Deposition ● The evidence of plaintiff
will be closed after
completion.
 Cross Examination of Further Evidence of
Chief Evidence of Defendant
Defendant Defendant

● Filing of the Chief ● The defendant will be ● After defendant’s cross

Evidence Affidavit of cross examined by the examination, further
Defendant(s). Plaintiff or his / their evidence can be
● Made to take oath and the counsel. presented from
documents on behalf of ● Questions will be put and defendant’s side.
plaintiff are marked as B1, the answers of the ● It can be defendant or
B2, so on… defendant will be other witnesses.
recorded by the court. ● After examination again
● The statement and the the new witness /
answers recorded on oath defendant will be cross
are known as Deposition examined.
● The evidence of
defendant will be closed
after completion.
Arguments of Plaintiff Arguments of Defendant Reserved for Orders

● After closing of the ● After closing of the ● After conclusion of

evidence of both the arguments of plaintiff the arguments of either sides,
sides, the arguments will arguments will be the court will reserve the
be advanced by the advanced by the case for judgement.
plaintiff / his counsel. defendant / his counsel. ● Judgement will be passed
● Arguments pertain to the ● Arguments pertain to the within 30 days from the
facts of the case, issues facts of the case, issues date of conclusion or
raises, supporting raises, supporting arguments it can be
evidence, depositions evidence, depositions extendable upto further
made, legal position, etc. made, legal position, etc. 60 days.
 Judgement Decree

Comprehensive adjudication It is the operative part of

of the court which includes judgement and it is in the form
facts of the case, contentions of a summary.
of the parties, issues framed, It is short and precise and it is
the evidence advanced, the not as elaborate as the
finding of the court. judgement.
Post - Litigation Stage
Post Litigation Stage
● Consists of Execution of Decrees.
● Most difficult part of the case.
● Various modes to execute the decree
● But before execution all the stages of litigation will also be followed here.
● Dealt by Order 21 of CPC - which is the lengthiest order of CPC.
● Therefore it is popularly known as CPC within CPC.
 The Code of Civil
Procedure: Four
Components of a Suit
By
G. Vaishnav Kumar,
Asst. Professor, PLC, Hyderabad.
The Four Components
 PARTIES

RELIEFS CAUSE OF
CLAIMED ACTION

SUBJECT
MATTER
Parties to a Suit
 CIVIL SUIT

PLAINTIFF(S) DEFENDANTS

SINGLE / GROUP OF REPRESENTATIVE NECESSARY

PROPER PARTY
PLAINTIFFS SUIT PARTY
 Parties to a Suit
● Keywords: Parties, Joinder of Parties, Non Joinder of
Parties, Mis Joinder of Parties, Representative Suits,
Impleadment of Parties.
● Provisions of CPC: Order I
 Parties to a Suit
● At least two parties to every suit.
● Known as Plaintiff & Defendant – Can be 1+ Plaintiff /
Defendant.
● A person is a party if there is a cause of action against
him.
● Code provides – Parties and also relating to joinder, non
joinder and mis joinder of parties.
 Parties to a Suit
● Parties are divided into two:
○ Necessary Party: one without whom no order can be
made effectively.
○ Proper Party: though not a necessary party is a person
whose presence would enable the court to completely,
effectively and adequately adjudicate upon all matters
in disputes in the suit, though he may not be a person
in favor of or against whom the decree is to be made.
 Parties to a Suit
● Non Joinder: Non joining of a party,
● If plaintiff fails to join a person who is either a necessary
party or a proper party to the suit, it is a case of non
joinder of parties.
● O.1 R.9 of the CPC – Non joinder of necessary party would
be fatal. However, non joinder of proper party is not fatal.
 Parties to a Suit
● Order 1 of the CPC deals with the Parties to the Suit.
● Order 1 Rule 10(2) – Speaks about impleadment of
necessary or proper parties. If necessary party not
impleaded then suit is liable to be dismissed.
● Where two or more persons are joined as plaintiffs /
defendants, although should not have been joined –
Misjoinder.
 Parties to a Suit
● Objections as to the Non joinder or mis joinder of parties
must be taken at the first available opportunity in all cases
before the settlement of issues.
● If such objections are not raised, it will be deemed to have
been waived.
● U/o. 1 Rule 10(2) – parties may be added or deleted from
the plaint.
 Parties to a Suit
● Representative Suits: O.1 R.8 speaks about – “One person
may sue or defend on behalf of all in same interest.”
● However, the party intending to represent should obtain
consent from fellow parties then only he can represent
them.
● Similar to Class Action Suits / Public Interest Litigation /
Pro Bono Publico Litigation.
Cause of Action
 Cause of Action
● ‘Action’ means suit.
● Cause of Action means literally the cause / set of
circumstances which leads up to a suit.
● COA arises then right infringed. Ubi jus ibi remidium.
● COA – media upon which the plaintiff asks the court to
arrive at a conclusion in its favour.
 Cause of Action
● COA – Statutorily not defined – judicially interpreted.
● COA – bundle of facts which gives rise to a right or
liability.
● Facts – whose proof is sine qua non for ultimate success
in the suit.
● COA – depends on case by case basis on the examination
of plaint. The defence set up by the defendant is irrelevant.
 Cause of Action
● A court has jurisdiction if COA arose within its territorial
limits.
● Even if a part of COA arises within local limits, then the
court has jurisdiction.
● Plaint must disclose COA – or the plaint will be rejected
O.VII.R.11.
● Court cannot dismiss plaint due to non disclosure of cause
of action.
Subject Matter
 Subject Matter
● Jurisdiction over subject matter is essential – without it,
the court is incompetent to try the case.
Reliefs Claimed
 Reliefs Claimed
● Essential for suit.
● Suit must disclose the claim which the plaintiff alleges
that he is entitled to.
● Splitting of claims is barred.
● However any portion of the claim can be relinquished.
● The nature of relief / remedy to which a plaintiff is entitled
depends upon the nature of his rights or his cause of
action.
The Code of Civil Procedure: The Place
of Suing

By
G. Vaishnav Kumar,
Asst. Professor, PLC, Hyderabad
Introduction
Introduction
● Court where a suit can be brought.
● “Place of Suing” – venue of trial; nothing to do with the
competency of the court.
● At the place of suing – different grades of court.
● Ss. 15-20 of CPC regulate the venue of suing.
● Most important provisions: Ss. 16,17 & 20 of the code.
OTHER KINDS IMMOVABLE
S. 20 PROPERTY
S.16 & 17

SUITS

COMPENSATION FOR
WRONGS TO
PROPERTY / PERSON
S. 19
Suits pertaining to Immovable Property
● S.16 speaks about:
1. Suits for Recovery of immovable property with or without rents.
2. Suits for Partition.
3. Suits for foreclosure/ sale / redemption of mortgage.
4. Suits for determination of right / interest in property.
5. Compensation for wrong to immovable property.
6. Recovery of movable property under distraint / attachment.
Suits pertaining to Immovable Property
● Applies to property situate in India.
● Suits U/s. 16 shall be instituted in the Court within the
local limits of whose jurisdiction the property is situate.
● In other words where the property is situate.
● Proviso, speaks about unique situation.
Suits pertaining to Immovable Property
● Provided that a suit to obtain relief respecting, or
compensation for wrong to, immovable property held by or on
behalf of defendant may, where the relief sought can be
entirely obtained through his personal obedience, be instituted
either in the court within the local limits of whose jurisdiction
the property is situate, or in the court within the local limits of
whose jurisdiction the defendant actually and voluntarily
resides, or carries on business, or personally works for gain.
Suits for Immovable Property situated in jurisdiction
of different courts
● Dealt U/s. 17.
● Suits with relief respecting, or compensation for wrong to,
immovable property.
● Immovable Property situate in jurisdiction of multiple
courts.
● Suit may be instituted in any Court within the local limits of
whose jurisdiction any portion of the property is situate.
 XYZ ESTATES
A B D E
C

Parts of the “XYZ Estates” situate in the jurisdiction of

Court -A, Court -B, Court -C, Court -D, Court -E.

All these courts have jurisdiction to entertain suit.

Therefore, suit can be filed before any one court (A,B,C,D,E)

with respect to total property
Suits for Immovable Property situated in jurisdiction
of different courts
● However, the condition is:

Provided that, in respect of the value of the subject-matter of

the suit, the entire claim is cognizable by such Court.
Suits for compensation for wrongs to person or
movables
● Dealt U/s. 19.
● if the wrong was done within the local limits of the
jurisdiction of one Court and the defendant resides, or
carries on business, or personally works for gain, within the
local limits of the jurisdiction of another Court, the suit may
be instituted at the option of the plaintiff in either of the
said Courts.
Suits for compensation for wrongs to person or
movables
● Illustrations:
● A, residing in Delhi, beats B in Calcutta. B may sue A either
in Calcutta or in Delhi.
● A, residing in Delhi, publishes in Calcutta statements
defamatory of B. B may sue A either in Calcutta or in Delhi.
Place of Suing in the Cases of Other Suits

● Other suits to be instituted where defendant(s) reside or

cause of action arises.

(a) the defendant / one of the defendants at the time of the

commencement of the suit, actually and voluntarily resides,
or carries on business, or personally works for gain; or

(b) The cause of action, wholly or in part, arises.

The Code of Civil Procedure:
Parties & Cause of Action
By
G. Vaishnav Kumar, Asst. Professor, PLC,
Hyderabad.
Introduction
Introduction
● Four essentials of a suit
1. Parties
2. Cause of Action
3. Subject Matter
4. Reliefs Claimed
● Expression ‘Cause of Action’ – conjures up the notion of
parties having cause of action against others as
defendants.
Distinction between Transactions & Cause of Action
● Cause of Action – springs from transaction
● Transaction / Act – rise to one or more causes of
action.
● Several Causes of Action – separate suit may be
brought in resp. to each distinct cause of action.
● No splitting of cause of action & two or more suits in
respect of the same cause of action (Order II Rule 2).
Distinction between Transactions & Cause of Action
● Illustration:
A’s cab comes into collision with B’s van. The collision causes –
damage to A’s cab and bodily injury to A. here same transaction
i.e., collision, gives rise to two distinct causes of action-

● In respect of injury to A’s body and

● With respect to the damage to the vehicle.
Distinction between Transactions & Cause of Action
● What can be done?
○ ‘A’ may bring one suit is respect of both causes of
action.
○ ‘A’ may file two suits – one for compensation for
injury and one for the damages against ‘B’ for
negligence.
○ ‘A’ cannot bring suit for damage to his limbs and
later for internal injuries.
Order II Rule 2
Order II Rule 2
● Suit to include the whole claim.—

(1) Every suit shall include the whole of the claim which the
plaintiff is entitled to make in respect of the cause of
action; but a plaintiff may relinquish a portion of his claim
in order to bring the suit within the jurisdiction of any
Court.
Order II Rule 2
(2) Relinquishment of part of claim.—Where a plaintiff
omits to sue in respect of, or intentionally relinquishes,
any portion of his claim, he shall not afterwards sue in
respect of the portion so omitted or relinquished.
Order II Rule 2
(3) Omission to sue for one of several reliefs.—A person
entitled to more than one relief in respect of the same
cause of action may sue for all or any of such reliefs; but if
he omits, except with the leave of the Court, to sue for all
such reliefs, he shall not afterwards sue for any relief so
omitted.
Order II Rule 2
● Order speaks about – Frame of Suit.
● Object of suit is two fold:
○ To ensure that no defendant is sued and vexed twice in
regard to same cause of action.
○ To prevent a plaintiff from splitting the claims and
remedies based on the same cause of action.
● It does not bar a second suit based on a different and
distinct cause of action.
Joinder of Parties
Joinder of Parties
● An act may be done by an individual and it may affect one
person.
○ Eg: A assaults B, B is affected here.
● An act may be done by two or more individuals and it may
affect two or more persons.
○ Eg: A assaults B & C simultaneously; or A & B
simultaneously assault C.
Joinder of Parties
Joinder of Parties
● If an act done by single person and affects only one
individual – no question of joinder of parties.
● Joinder of Parties – arises only when an act or transactions
proceeds from two or more persons or when it affects two
or more persons.
● Two sets of Rules – Joinder of Plaintiffs and Joinder of
Defendants.
Joinder of Plantiffs
● All persons may be joined in one suit as plaintiffs:
○ Where the right to relief alleged to exist in each
plaintiff arises out of the same act / transactions; and
○ Where, if such persons brought separate suits, any
common question of law of fact would arise (O.I R.1)
Joinder of Plantiffs
● Both conditions are cumulative not alternative.
● Not necessary that all the questions arising in the case
should be common to all parties and it would be sufficient
if one of the questions is common to them.
● Eg: An altercation between A on one hand and B & B’s wife
on the other. A assaults B and his wife simultaneously. B
and his wife may join as plaintiffs in one suit for damages
against A.
Joinder of Defendants
● All persons may be joined in one suit as defendants:
● Where the right to relief alleged to exist against them
arises out of the same act / transaction; and
● Where, if separate suits were brought against such
persons, any common question of law of fact would arise
(O.I R.3)
Joinder of Defendants
● Both conditions are cumulative not alternative.
● Not necessary that all the questions arising in the case
should be common to all parties and it would be sufficient
if one of the questions is common to them.
● Eg: An altercation between A on one hand and B & B’s son
on the other. B and his son assault A simultaneously. A
may join B and B’s son as defendant in one suit if damages.
Joinder of Causes of Action
Joinder of Causes of Action
● Joining of Cause of Action in one suit.
● Three general rules are followed – irrespective of
number of the plaintiffs / defendants:
Joinder of Causes of Action

● Several causes of action against the same defendant, or

the same defendants jointly; and any plaintiffs having
causes of action in which they are jointly interested
against the same defendant or the same defendants
jointly may unite such causes of action in the same suit.
Joinder of Causes of Action
● In a suit for the recovery of the immovable property, a
plaintiff is not entitled without the leave of the court to
join any claim except:
(a) claims for mesne profits or arrears of rent in respect of the property
claimed or any part thereof;

(b) claims for damages for breach of any contract under which the property
or any part thereof is held'; and

(c) claims in which the relief sought is based on the same cause of action. (O.II
R.4)
Joinder of Causes of Action
● Illustration:
A agrees to sell a house with all furniture to B. A fails to deliver the possession of
either of the house or of the furniture to B. B may sue A for possession of the
house and join in that suit

a. Money claim for mesne profits realised by A, subsequent to the date on which A
ought to have delivered the possession of the house to B.

b. Money claim for damages caused to B due to breach of contract by A.

c. A claim for delivery of furniture but B cannot join any other claim with the suit.
Joinder of Causes of Action

● No claim by or against an executor, administrator, or heir

as such shall be joined with claims by or against him
personally. (O.II. R.5)
Joinder of Causes of Action

● Illustration:
● A sells and delivers certain goods to B. A dies leaving a will,
of which C is the executor, C sells and delivers to B some
goods belonging to him. C cannot, in the same suit claim
from B, the price of goods sold by this testator A, and the
price of goods sold by him.
Misjoinder of Parties or Cause of Action
Misjoinder of Parties or Cause of Action
● Objections must be raised at the earliest possible
opportunity, otherwise, it would be deemed to have been
waived.
● Preferably – before the settlement of issues.
● In some circumstances after the issues also- if the
grounds of objection arose subsequently.
● If not raised – then it is presumed that the party has
waived the objection.
Non Joinder of Parties
Non Joinder of Parties
● Persons – if necessary parties to a suit shall be joined as
parties otherwise it is a case of non joinder of parties.
● Necessary Party – whose presence is essential and in
whose absence no effective decree can be passed at all.
● Necessary Parties – ought to have been joined within
O.I R.10(2).
Non Joinder of Parties
● Example: In a suit for partition of the joint family
property all the family members must be joined as
parties; In a suit for accounts of partnership firm, all the
partners must be made as parties.
● If any of the persons interested refused to join as
plaintiffs, he should be joined as a defendant, for no
person can be added as plaintiff without his consent.
Non Joinder of Parties
● Where necessary party not joined – leave to amend the
plaint had been applied for – such leave will be granted
as a rule.
● Such leave will not be granted if on the date of the
application, the suit in respect of the person is barred
by limitation.
Non Joinder of Necessary Parties: Effect
● Necessary Party not joined – Fatal to the suit & suit is
liable to be dismissed.
● The defect is incurable.
● The decree passed in absence of party – nullity or null
and void – as violative of Principles of Natural Justice.
● Courts cannot decide in their absence – opportunity is
given to the plaintiff to amend the plaint.
● Error cannot be rectified in an appeal.
Non Joinder of Proper Parties: Effect
● Proper party if not joined – Suit does not fail but the
court will decide as it is and its outcome shall not bind
the party.
● The decree passed by the court shall not bind persons
who were not partied before it.
● Proper Party – whose presence is necessary in order to
enable the court to adjudicate effectively and
completely all questions involved in the suit.
The Code of Civil Procedure:
Transfer of Suits
By
G. Vaishnav Kumar,
Asst. Professor, PLC, Hyderabad
Introduction
Introduction

● Contained in Ss. 22 – 25 of the code.

● Rationale – to avoid multiplicity of suits;
● To avoid contradictory orders.
Important Sections

● S. 22 – General Procedure for Transfer.

● S. 23 – Courts where application can be filed.
● S. 24 – General Power of Transfer and withdrawal.
● S. 25 – SC power to transfer suits.
General Procedure for
Transfer: S. 22
General Procedure for Transfer (S.22)

● Suit – may be instituted in one or more courts – is instituted in any

one court.
● By whom – any defendant – after giving notice to other parties.
● When – earliest opportunity; before or after settlement of issues.
● How – application to the court.
● Procedure – Court will hear both the sides; considers objections –
shall determine to which court it can be transferred.
Where to file application:
S. 23
Where to file application: S. 23

● Several Courts having jurisdiction are subordinate to the same

Appellate Court - application - to the Appellate Court.
● Such Courts are subordinate to different Appellate Courts but to
the same High Court - application to - the said High Court.
● Such Courts are subordinate to different High Courts - application
to the High Court within the local limits of whose jurisdiction the
Court in which the suit is brought is situate.
 DISTRICT
COURT

COURT 1 COURT 3

COURT 2
 HIGH
COURT

DISTRICT DISTRICT
COURT COURT

COURT 1 COURT 2 COURT 3

 HIGH
COURT HIGH
COURT

DISTRICT
COURT
DISTRICT
COURT

COURT 1 COURT 2 COURT 3

General Power of Transfer &
Withdrawal S.24
General Power of Transfer & Withdrawal S.24

● Application of parties - after notice to the parties and after

hearing - or of its own motion without such notice, the High Court
or the District Court may at any stage:
○ transfer any suit, appeal or other proceeding pending before it
for trial or disposal - any Court subordinate to it and
competent to try or dispose of the same, or
General Power of Transfer & Withdrawal S.24

○ withdraw any suit, appeal or other proceeding pending in any

Court subordinate to it, and
I. try or dispose of the same; or
II. transfer the same for trial or disposal to any Court
subordinate to it and competent to try or dispose of the same;
or
III. retransfer the same for trial or disposal to the Court from
which it was withdrawn.
Grounds for Transfer: Illustrations

1. To meet the ends of justice.

2. Desirability of having the only adjudication of a particular
controversy.
3. When there involves a substantial question of law.
4. To prevent abuse of proceeding of court
Grounds for Transfer: Illustrations

1. To avoid delay and unnecessary expenditure

2. Where the judge is biased or interested in one part only
3. Where a similar question of fact and law arise in two different
cases
4. When in a similar cause two people filed a case but in different
court.
5. To avoid multiplicity of proceedings or conflicting decisions
Power of Supreme Court to
transfer S.25
Power of Supreme Court to transfer S.25

● By whom – application of parties.

● When – after hearing the parties; at any stage.
● What - satisfied that an order under this section is expedient for
the ends of justice.
● direct that any suit, appeal or other proceeding be transferred
from a High Court or other Civil Court in one State to a High Court
or other Civil Court in another State.
 The Code of Civil
Procedure: Summons

By
G. Vaishnav Kumar,
Asst. Professor, Pendekanti Law College, Hyderabad
Introduction
Introduction

❖ Meaning: an official demand to appear in a law court.

❖ Also known as Subpoena (US).
❖ Rationale: based on principle of Audi Alteram Partem.
❖ Defendant knows – about the case against him through
Summons.
❖ Ss. 27, 28 & 29 and Order V of the CPC.
Introduction

❖ Section 27 – Summons to the defendant.

❖ Section 28 – Service of summons to defendant in another state.
❖ Section 29 – Service of foreign summonses.
❖ Order V – 30 Rules relating to summons and how it has to be
served and various variations.
Section 27
Section 27

❖ Where a suit has been duly instituted, a summons may be issued

to the defendant to appear and answer the claim and may be
served in manner prescribed [on such day not beyond thirty days
from date of the institution of the suit.]
Section 28
Section 28

❖ A summons may be sent for service in another State to such

Court and in such manner as may be prescribed by rules in force
in that State.
❖ The Court to which such summons is sent shall, upon receipt
thereof, proceed as if it had been issued by such Court and shall
then return the summons to the Court of issue together with the
record (if any) of its proceedings with regard thereto.
Section 29
Section 29
❖ Foreign Summons - Summonses and other processes issued by -
➢ any Civil / Revenue Court established in any part of India to which CPC does not apply, or
➢ any Civil / Revenue Court established or continued by the authority of the Central
Government outside India, or
➢ any other Civil / Revenue Court outside India to which the Central Government has, by
notification in the Official Gazette, declared the provisions of this section to apply,

❖ may be sent to the Courts in the territories to which this Code

extends, and served as if they were summonses issued by such
Courts.
Order - V
Order - V

❖ Suit instituted – Summons to the defendant(s) – to answer the claim

by filing written statement.
❖ Summons duly served - WS to be filed - 30 days from the date of
service of summons.
❖ Time extension to file WS – not more than 90 days from the date of
service of summons.
❖ Commercial Courts – 120 days after which right to file WS forfeited.
Order - V

❖ A person to whom summons issued –

➢ Appear in person;
➢ Appear through authorized agent;
➢ Pleader duly instructed / able to answer the questions.
❖ Shall be signed -Judge or such officer as he appoints, and shall be
sealed with the seal of the Court.
Order - V

❖ Served by proper officer of the court – if defendant / his agent

resides within the territorial limits of the issuing court.
❖ Can be done by proper officer in person / RPAD / plaintiff in certain
circumstances.
❖ If defendant not present at house – to any adult member of the
family.
Order - V

❖ Defendant refuses to sign acknowledgement / cannot be found – pasting of

summons on conspicuous part of the house / place of business.
❖ Rule 20 – Substituted Service – where defendant is willfully avoiding
summons – Court can order-
➢ Affixing the same on conspicuous part of court house.
➢ Pasting on the house of the defendant.
➢ Advertisement in newspaper – having circulation in the locality.
Order - V

❖ Defendant outside the territorial jurisdiction of the court – either by proper

officer / by post / by courier services as approved by High Court.
❖ Outside India – post / Email / Fax.
❖ Rule 30 – substitution of letter for summons.