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SEM 5 - CIVIL PROCEDURE CODE

12 MARKS

1. Discuss the general rules relating to the calculation of Limitation Periods. NOV 2023
2. The court cannot invoke its inherent powers when there is specific provision - explain.
3. Explain the various steps to be taken for executing a money decree by the sale of

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immovable property of the judgement debtor.

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4. What is the effect of fraud and mistake committed under the law of limitation? MAY 2023
5. Explain the process of service of summons to defendants and witnesses.
6. Explain the various grounds on which a court can review its own judgement.

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7. The period of limitation will be extended for the payment of money on a debt - explain.

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DEC 2022
8. What is the effect of fraud and mistake in the law of limitation

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9. State the procedure to be followed while filing suit against the government
10. The law of limitation generally bars the remedy, but does not destroy right - Discuss Sep

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2022
11. When once time has began to run no subsequent disability or inability to sue stops it -
Explain
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12. Enumerate the essential requisites of pleadings and describe the manner for amending
pleadings
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13. Describe the provisions of the Limitation Act for computation of period of
limitation in the case of persons under legal disability. Feb 2022
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14. Enumerate the essential requisites of pleading and describe the manner for
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amending pleadings.
15. An executing court cannot go behind the decree‖– Substantiate the statement.
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16. Define the general rules relating to the computation of the period of limitation - NOV2019
17. Define Res Judicata. Explain its importance in Civil Proceedings
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18. Explain the process of service of summons to defendants and witnesses

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7 MARKS
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1. Explain the grounds for setting aside the ex parte order under the Civil Procedure Code
2. What is meant by temporary injection? State the principles and discretionary powers of the
court in granting temporary injunction.
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3. Explain the original and appellate jurisdiction of the Supreme Court.

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4. Explain the rules relating to joinder to parties and joinder of causes of action
5. State the different stages of a civil suit from it’s institution till the judgement is delivered
6. Explain the different modes of services of summons under the Civil Procedure Code
7. What are the powers of the appellate court in hearing appeals?
8. What are the powers of an executing court while executing decrees?
9. Who is an indigent person? Discuss in detail the procedure for filing a suit by
an indigent person?
10. What is Res-Judicata? What are the conditions for its applications
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11. Who is an indigent person? Explain the procedure for filing a suit by such a person
12. What are the powers of the appellate court in hearing appeal?
13. Discuss the scope and the powers of the High Court in Revision. Distinguish it
from Appeal.
14. Who is an indigent person? Explain the procedure for filing a suit and appeal
by an indigent person.
15. When and for what purpose the court is empowered to appoint a
commissioner? Narrate his power.
16. Discuss the conditions for enforcement of a foreign judgement in India

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17. State the circumstances that permits filing of an appeal before the supreme court of India

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18. State the conditions subjects to which a suit can be filed against the Government

4 MARKS

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1. JOINDER OF PARTIES
2. Reference

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3. Acknowledgement under the Limitation Act, 1963
4. Foreign Judgment

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5. Precept
6. Proclamation of Sale
7. Summons
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8. Jurisdiction
9. Execution
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10. Appeal
11. Caveat Petition
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12. Ex Parte Decree

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13. Reference
14. Inherent Powers of High Court
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15. Affidavit
16. Jurisdiction
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17. Pleadings
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18. Commissioner
19. Kinds of decrees
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20. Set off

21. Suits in civil nature.
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22. Ex-Parte decree

23. Suit against Government
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24. Interim Injunction

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25. Executing Court

26. Review
27. Judgement
28. Fraud and Mistake under Limitation Act
29. Set off and counter claim.
30. Framing of issues.
31. Precept.
32. Ex parte decree.
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33. Misjoinder of parties.

34. Foreign judgment.
35. Mesne profits.
36. Proclamation of Sale
37. Reference to High Court
38. Amendment of Judgements, decree and orders
39. Inherent Jurisdiction
40. Pleading
41. Abatement of Suits

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42. Rules relating to Joinder of Parties

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12 MARKS
1. Discuss the general rules relating to the calculation of Limitation Periods. NOV 2023
The law of limitation sets time limits for filing lawsuits. Here's a breakdown of the general rules
for calculating limitation periods in India, along with relevant legal provisions and landmark
judgements:
General Rules:
● Starting Point: The limitation period typically begins to run from the date the "cause of
action" arises. This is the date when the plaintiff has the right to sue. (Section 14 of the

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Limitation Act, 1963)
● Exclusion of Time: Certain periods may be excluded when calculating the limitation

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period, such as:
○ Time spent in obtaining a copy of the order (e.g., for appeals) (Section 12(b))

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○ Time spent during the defendant's absence from India (Section 14)

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○ Period of disability of the plaintiff (e.g., minority, unsound mind) (Section 8) -
Note: There's a maximum extension of 3 years after the disability ceases.

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Legal Provisions:
● The Limitation Act, 1963: This act prescribes limitation periods for various types of

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lawsuits (e.g., 3 years for breach of contract, 12 years for recovery of possession of
immovable property).
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● Section 12: Deals with the exclusion of time from the limitation period.
● Section 14: Defines the starting point for calculating the limitation period based on the
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cause of action.
● Section 8: Addresses the extension of limitation period due to the plaintiff's disability.
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Landmark Judgements:
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● State of Kerala v. Thomas Chacko (1993): This Supreme Court judgement clarified that
the limitation period for filing an appeal starts running from the date the certified copy of
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the order is received, not the date of pronouncement. This highlights the importance of
considering specific exclusions like obtaining order copies.
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● Bangalore Water Supply & Sewerage Board v. A. Rajappa & Ors (2007): The Supreme
Court reiterated that the period of disability (e.g., minority) can extend the limitation
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period, but the total extension cannot exceed 3 years after the disability ceases. This
judgement emphasizes the limitations on extending the limitation period due to disability.
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Important Points:
● The limitation period can be a complex area of law, and legal advice is crucial for
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understanding the specific applicable period in your case and calculating it accurately.
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● Courts may consider exceptional circumstances in rare cases, but generally, exceeding the
limitation period can bar your right to sue.

2. The court cannot invoke its inherent powers when there is specific provision - explain.
Legal Provisions:
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● Section 151 of the CPC: This section empowers the court to make such orders as may be
necessary to meet the ends of justice or to prevent abuse of the process of the court.
However, this inherent power is to be exercised with caution and cannot be invoked when
specific provisions are available in the Code.
● Section 94 of the CPC: This section provides specific instances where the court may use
its powers, such as granting injunctions, making interlocutory orders, and other matters
listed therein. The existence of specific provisions limits the court’s recourse to its
inherent powers under Section 151.

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Principle:
The principle is that the inherent powers of the court under Section 151 should not be used to

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override or bypass specific provisions of the Code. If a remedy or procedure is explicitly provided
for by the CPC, that specific provision must be followed. The inherent powers are to be exercised

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only in situations where no other specific remedy exists.

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Landmark Judgments:
● Padam Sen v. State of Uttar Pradesh (1961):

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○ Facts: In this case, the issue was whether the court could appoint a commissioner
to seize account books not mentioned in any specific provision of the CPC.

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○ Judgment: The Supreme Court held that the court cannot invoke its inherent
powers under Section 151 to do something which is prohibited or not provided for
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by the Code. The court emphasized that the inherent powers are to be used only in
cases where no other provision is applicable and to meet the ends of justice.
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○ Significance: This case established the precedent that inherent powers cannot be
exercised in contradiction to or in disregard of specific provisions of the CPC.
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● Nain Singh v. Koonwarjee (1970):

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○ Facts: The issue was whether the court could grant relief under its inherent powers
when specific provisions were available under the CPC.
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○ Judgment: The Supreme Court reiterated that the inherent powers of the court
under Section 151 should not be exercised where specific provisions are available.
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The court held that these powers are intended to supplement and not to substitute
the express provisions of the law.
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○ Significance: This judgment reinforced the principle that inherent powers should
be used sparingly and only in the absence of specific legal provisions.
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Conclusion:
The inherent powers of the court under Section 151 of the CPC are meant to ensure justice and
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prevent the abuse of court processes. However, these powers are not a substitute for specific
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provisions laid down in the Code. The courts must adhere to the remedies and procedures
explicitly provided by the CPC, invoking inherent powers only in exceptional circumstances where
no other remedy exists. The landmark judgments in Padam Sen v. State of Uttar Pradesh and Nain
Singh v. Koonwarjee underscore the judiciary's commitment to this principle.
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3. Explain the various steps to be taken for executing a money decree by the sale of
immovable property of the judgement debtor.
Executing a money decree by the sale of the judgment debtor's immovable property involves
several steps, as outlined in the Code of Civil Procedure (CPC). Here are the steps with relevant
legal provisions and landmark judgments:
Legal Provisions
1. Application for Execution (Order XXI, Rule 11):
● The decree-holder must file an application for execution of the decree. The

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application should include details of the decree, the amount due, and the property
to be attached and sold.

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2. Attachment of Property (Order XXI, Rule 54):
● The court issues an order of attachment of the immovable property, prohibiting the

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judgment debtor from transferring or creating any interest in the property. The

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order must be publicly announced and a copy affixed on the property.
3. Sale Notice (Order XXI, Rule 66):

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● The court issues a sale proclamation, specifying the date, time, and place of the
sale, and provides details of the property, such as its description, location, and any

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encumbrances. The notice must be served on the judgment debtor and published
publicly.
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4. Conducting the Sale (Order XXI, Rule 64 & Rule 82):
● The court conducts the sale, typically through public auction. The highest bidder
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wins the property, subject to the court's confirmation.

5. Sale Confirmation (Order XXI, Rule 92):
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● The court confirms the sale if no objections are raised within a specified period,
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usually 60 days. The sale becomes final upon confirmation.

6. Issuance of Sale Certificate (Order XXI, Rule 94):
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● The court issues a sale certificate to the auction purchaser, granting them title to
the property. This certificate is conclusive evidence of the purchaser's title.
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7. Delivery of Possession (Order XXI, Rule 95):

● If the judgment debtor does not voluntarily hand over possession, the court may
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order the delivery of possession to the purchaser.

Landmark Judgments
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1. Desh Bandhu Gupta v. N.L. Anand & Rajinder Singh (1994) 1 SCC 131:
● Facts: The decree-holder sought execution of a money decree through the sale of
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the judgment debtor's immovable property.

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● Judgment: The Supreme Court held that procedural compliance with Order XXI is
mandatory. The court emphasized that attachment and sale must be conducted
strictly following the prescribed procedures to ensure fairness and transparency.
● Significance: This case highlighted the importance of adhering to procedural
safeguards to protect the rights of both judgment debtors and decree-holders
during execution.
2. Ambati Narasayya v. M. Subba Rao & Anr. (1989) 4 SCC 693:
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● Facts: In this case, the property was sold at a grossly undervalued price during the
execution of a money decree.
● Judgment: The Supreme Court set aside the sale, ruling that the property must not
be sold for a price significantly below its market value. The court stressed that it is
the duty of the executing court to ensure that properties are sold at reasonable
prices to protect the interests of the judgment debtor.
● Significance: This judgment underscored the responsibility of the court to ensure
fair valuation and sale of the judgment debtor's property to avoid unjust

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enrichment of the purchaser at the expense of the debtor.
Conclusion

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The execution of a money decree by the sale of immovable property involves a detailed process to
ensure fairness and compliance with legal standards. Key steps include application for execution,

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attachment of property, sale notice, auction, sale confirmation, issuance of sale certificate, and

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delivery of possession. Landmark judgments like Desh Bandhu Gupta v. N.L. Anand & Rajinder
Singh and Ambati Narasayya v. M. Subba Rao emphasize strict adherence to procedural

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requirements and the need for fair valuation to protect the rights of all parties involved.

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4. What is the effect of fraud and mistake committed under the law of limitation?
MAY2023
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Fraud and mistake can significantly impact the computation of limitation periods in legal
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proceedings. The Indian Limitation Act, 1963, provides specific provisions that address how fraud
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and mistake affect the limitation period.

Legal Provisions
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1. Section 17 of the Limitation Act, 1963:

● Fraud: If the plaintiff or applicant has been kept from the knowledge of their right
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or title due to fraud committed by the defendant, the limitation period begins
when the fraud is discovered.
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● Mistake: If the suit or application is for relief from the consequences of a mistake,
the limitation period begins when the mistake is discovered.
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● Concealed Documents: If any document necessary to establish the plaintiff's or

applicant's right has been fraudulently concealed, the limitation period begins
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when the plaintiff or applicant discovers the document or could have discovered it
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with reasonable diligence.

Landmark Judgments
1. P. R. Deshpande v. Maruti Balaram Haibatti (1998) 6 SCC 507:
● Facts: The plaintiff filed a suit for specific performance of a contract claiming that
the defendant had fraudulently concealed the contract's true terms.
● Judgment: The Supreme Court held that in cases where fraud is alleged, the
limitation period starts from the date when the fraud was discovered or could have
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been discovered with due diligence. The Court emphasized that fraud vitiates
everything, and a party who has committed fraud cannot take advantage of the
limitation period.
● Significance: This judgment reaffirmed that the discovery of fraud can extend the
limitation period, protecting the rights of parties deceived by fraudulent actions.
2. N. R. Ramarathnam v. D. V. Seshiah (1974) 2 SCC 102:
● Facts: The plaintiff sought to recover money on the ground that the defendant had
made payments based on a mistake. The defendant argued that the claim was

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time-barred.
● Judgment: The Supreme Court held that when a suit is based on mistake, the

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limitation period begins when the mistake is discovered. The Court stated that a
mistake, whether of fact or law, that affects the plaintiff's right to sue extends the

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limitation period until the mistake is discovered.

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● Significance: This case illustrated the application of the principle that mistakes
affecting the cause of action delay the start of the limitation period, ensuring that

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parties are not unfairly barred from seeking relief due to errors.
Conclusion

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Fraud and mistake have a significant effect on the computation of limitation periods under the
Limitation Act, 1963. Section 17 explicitly provides that the limitation period starts when the
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fraud or mistake is discovered. Landmark judgments such as P. R. Deshpande v. Maruti Balaram
Haibatti and N. R. Ramarathnam v. D. V. Seshiah reinforce the principle that fraudulent
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concealment and mistakes extend the limitation period to ensure justice and protect the rights of
parties deceived or misled. These provisions and judicial interpretations ensure that the limitation
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law serves its purpose without becoming an instrument of injustice.

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5. Explain the process of service of summons to defendants and witnesses.

Serving summons is a crucial step in initiating a lawsuit. It informs defendants and witnesses of
their involvement in the legal proceedings. Here's an explanation of the process with legal
provisions and landmark judgements:
Defendants:
Legal Provisions: Order V of the CPC (Civil Procedure Code) governs service of summons on
defendants.
○ Rule 1: Every suit shall be instituted by presenting a plaint (legal document) and

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suing out a summons.
○ Rules 5-17: These rules detail various methods for serving summons, including:

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■ Personal service: Delivering the summons to the defendant in person. (Rule
9)

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■ Substituted service: Leaving the summons at the defendant's residence or

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place of business with an adult member of the household or employee.
(Rule 10)

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■ Service by registered post. (Rule 9A)
■ Proclamation: When the defendant cannot be found despite due diligence.

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(Rule 17)
○ Rule 18: Deals with consequences of refusing service or evading service.
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Witnesses:
Legal Provisions: Order XVI of the CPC governs summoning and attendance of witnesses.
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○ Rule 1: A party can apply to the court for summoning witnesses.

○ Rules 2-4: These rules outline the issuance of summons by the court and its service
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on witnesses. The service methods are similar to those for defendants (personal,
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substituted, registered post).

○ Rule 18: Addresses consequences of a witness refusing to serve summons or give
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evidence without sufficient cause.

Landmark Judgements:
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Chandramani Devi vs. Ved Prakash & Ors (2017): The Supreme Court held that substituted
service can be a valid mode of service, even if the defendant is residing at the same place.
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However, the court emphasized the need for due diligence in attempting personal service before
resorting to substituted service. This judgement clarifies the importance of following proper
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procedures for substituted service.

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Secretary, Ministry of Defence vs. Slathia (1995): The Supreme Court reiterated that service of
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summons is the foundation of a lawsuit. Without proper service, the court may not have
jurisdiction to proceed with the case. This judgement highlights the significance of successful
service for a valid lawsuit.
Important Points:
● The appropriate method for serving summons depends on the specific circumstances of the
case.
● The plaintiff's responsibility is to ensure proper service on defendants and witnesses.
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● Failure to serve summons properly can lead to dismissal of the case or difficulties in
enforcing a judgement.

6. Explain the various grounds on which a court can review its own judgement.

The review of a court's own judgment is governed by the Code of Civil Procedure (CPC) under

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Section 114 and Order XLVII. The review is permitted under specific circumstances to correct
errors without resorting to an appeal. Here are the legal provisions and grounds for review along

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with two landmark judgments:
Legal Provisions

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1. Section 114 of the CPC:

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● This section provides the statutory basis for review of a judgment, decree, or order
by the court that passed it. It states that any person considering themselves

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aggrieved by a decree or order from which no appeal is allowed or who is not
appealing, may apply for a review.

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2. Order XLVII, Rule 1:
● Grounds for Review:
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1. Discovery of New and Important Matter or Evidence: The applicant must
show that the new evidence was not within their knowledge or could not be
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produced by them at the time when the decree was passed.

2. Mistake or Error Apparent on the Face of the Record: This includes any
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obvious and self-evident error, which does not require any elaborate
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argument to be established.
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3. Any Other Sufficient Reason: This is a broad ground that covers situations
where the need for review arises from compelling circumstances, beyond
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the above two grounds.

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Landmark Judgments
1. Aribam Tuleshwar Sharma v. Aribam Pishak Sharma (1979) 4 SCC 389:
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● Facts: The review was sought on the ground of an error apparent on the face of the
record.
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● Judgment: The Supreme Court held that an error apparent on the face of the
record must be self-evident and should not require detailed examination or
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argument to establish. The Court emphasized that a review is not an appeal in

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disguise and cannot be used to reargue the case.

● Significance: This case clarified the stringent standard for what constitutes an
error apparent on the face of the record, limiting the scope of review to obvious
errors.
2. Ajit Kumar Rath v. State of Orissa (1999) 9 SCC 596:
● Facts: The review was sought based on the discovery of new and important matter
or evidence.
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● Judgment: The Supreme Court held that the discovery of new and important
matter or evidence must be relevant and material to the issue, and it must be
established that such evidence was not within the knowledge of the party seeking
review and could not have been produced at the time of the original decision
despite due diligence.
● Significance: This judgment underscored the necessity for the new evidence to be
significant and not merely additional or cumulative, ensuring that the review
process is used sparingly and judiciously.

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Conclusion
The grounds for a court to review its own judgment are narrowly defined under

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Section 114 and Order XLVII, Rule 1 of the CPC. These grounds include the
discovery of new and important evidence, an error apparent on the face of the

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record, and any other sufficient reason. The landmark judgments in Aribam

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Tuleshwar Sharma v. Aribam Pishak Sharma and Ajit Kumar Rath v. State of Orissa
provide critical interpretations of these grounds, emphasizing the need for

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self-evident errors and the relevance and materiality of new evidence. These
provisions and judicial interpretations ensure that the review mechanism serves its

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intended purpose without undermining the finality of judicial decisions.
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7. The period of limitation will be extended for the payment of money on a debt - explain
| DEC2022
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The general rule in India is that the limitation period for payment of money on a debt is not
automatically extended. However, there are certain circumstances under which the limitation
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period can be revived or extended. Here's a breakdown of the concept:

Standard Limitation Period:
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● The Limitation Act, 1963 prescribes limitation periods for various legal actions.
● The most common limitation period for recovery of money on a debt is three years from
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the date the cause of action arises (usually the date the debt becomes due). (Article
113(1) of the Limitation Act)
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Extending or Reviving the Limitation Period:

There are two main ways the limitation period for debt recovery can be impacted:
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1. Acknowledgement:
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○ Section 18 of the Limitation Act: An acknowledgement of the debt by the debtor,

in writing and signed, can revive the limitation period. This acknowledgement must
clearly recognize the existence and liability for the debt.
○ Section 19 of the Limitation Act: Part payment of the debt by the debtor can also
revive the limitation period, acting as an implied acknowledgement.
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2. Exclusion of Time:

○ Section 12 of the Limitation Act: Certain periods may be excluded when calculat
ing the limitation period. This might include time spent in obtaining a copy of an
order or time spent during the defendant's absence from India (if relevant to the
debt case).
Landmark Judgements:
1. Telang vs. Sukhdeoram (1919): The Privy Council (highest court for India at the time) held

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that an acknowledgement must be clear and unambiguous to revive the limitation period.
A mere vague promise to pay wouldn't suffice. This judgement emphasizes the importance

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of a clear written acknowledgement for revival.

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2. Bombay Dyeing & Mfg. Co. Ltd. v. State of Bombay (1958): The Supreme Court clarified

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that the acknowledgement reviving the limitation period creates a fresh right to sue, and
the limitation period begins to run anew from the date of acknowledgement. This

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judgement highlights the effect of a valid acknowledgement on restarting the limitation
clock.

Important Points:
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● The specific provisions and interpretations can be complex. Consulting a lawyer is crucial
to understand the applicability of these concepts and the potential for extending the
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limitation period in your specific debt recovery case.

● Even with acknowledgement or exclusion of time, exceeding the overall limitation period
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can still bar your right to sue for debt recovery.

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8. What is the effect of fraud and mistake in the law of limitation

The general rule in India is that the limitation period for payment of money on a debt is not
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automatically extended. However, there are certain circumstances under which the limitation
period can be revived or extended. Here's a breakdown of the concept:
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Standard Limitation Period:

● The Limitation Act, 1963 prescribes limitation periods for various legal actions.
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● The most common limitation period for recovery of money on a debt is three years from
the date the cause of action arises (usually the date the debt becomes due). (Article
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113(1) of the Limitation Act)

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Extending or Reviving the Limitation Period:

There are two main ways the limitation period for debt recovery can be impacted:
1. Acknowledgement:

○ Section 18 of the Limitation Act: An acknowledgement of the debt by the debtor,

in writing and signed, can revive the limitation period. This acknowledgement must
clearly recognize the existence and liability for the debt.
 13

○ Section 19 of the Limitation Act: Part payment of the debt by the debtor can also
revive the limitation period, acting as an implied acknowledgement.
2. Exclusion of Time:

○ Section 12 of the Limitation Act: Certain periods may be excluded when

calculating the limitation period. This might include time spent in obtaining a copy
of an order or time spent during the defendant's absence from India (if relevant to
the debt case).

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Landmark Judgements:
1. Telang vs. Sukhdeoram (1919): The Privy Council (highest court for India at the time) held

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that an acknowledgement must be clear and unambiguous to revive the limitation period.
A mere vague promise to pay wouldn't suffice. This judgement emphasizes the importance

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of a clear written acknowledgement for revival.

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2. Bombay Dyeing & Mfg. Co. Ltd. v. State of Bombay (1958): The Supreme Court clarified

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that the acknowledgement reviving the limitation period creates a fresh right to sue, and
the limitation period begins to run anew from the date of acknowledgement. This

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judgement highlights the effect of a valid acknowledgement on restarting the limitation
clock.
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Important Points:
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● The specific provisions and interpretations can be complex. Consulting a lawyer is crucial
to understand the applicability of these concepts and the potential for extending the
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limitation period in your specific debt recovery case.

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● Even with acknowledgement or exclusion of time, exceeding the overall limitation period
can still bar your right to sue for debt recovery.
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9. State the procedure to be followed while filing suit against the government
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Filing a suit against the government in India involves specific procedural requirements laid down in
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the Code of Civil Procedure (CPC), 1908, and other relevant statutes. These provisions ensure that
the government is given adequate notice before any legal proceedings are initiated against it.
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Legal Provisions
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1. Section 80 of the CPC:

● Notice: Before instituting a suit against the government or a public officer, a notice
in writing must be delivered to the concerned government office.
● Content of Notice: The notice must state the cause of action, the name,
description, and place of residence of the plaintiff, and the relief claimed.
● Period: The notice must be served at least two months prior to the institution of
the suit.
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2. Order XXVII of the CPC:

● Appearance on behalf of Government: The government must be represented by a
duly appointed government pleader or an authorized officer.
● Suits by or against the Government: Detailed provisions are provided for suits by or
against the government, specifying who may appear, act, and plead on its behalf.
3. Article 300 of the Constitution of India:
● Government as a Party: This Article deals with the rights of the government to sue
and be sued, specifying that the Union of India or the State government can be

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sued in the name of the Union or the State, respectively.
Steps to File a Suit Against the Government

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1. Drafting the Notice:
● Draft a notice under Section 80 CPC, including details such as the cause of action,

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relief sought, and particulars of the plaintiff.

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2. Serving the Notice:
● Serve the notice to the appropriate government office, ensuring it is delivered at

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least two months before the proposed date of filing the suit.
3. Filing the Suit:

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● After the expiry of the two-month notice period, prepare the plaint, annexing a
copy of the notice served.
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● File the plaint in the appropriate civil court, along with the necessary court fees.
4. Representation:
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● Ensure the government is represented by a government pleader or an authorized

officer in court.
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Landmark Judgments
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1. State of Punjab v. Geeta Iron & Brass Works Ltd. (1978) 1 SCC 68:
● Facts: The plaintiff filed a suit against the State of Punjab without serving the
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mandatory notice under Section 80 CPC.

● Judgment: The Supreme Court held that the requirement of notice under Section
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80 CPC is mandatory and cannot be waived. The failure to serve the notice renders
the suit incompetent.
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● Significance: This judgment emphasized the strict compliance required with the
notice provision before instituting a suit against the government, highlighting that
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non-compliance leads to the dismissal of the suit.

2. Bihari Chowdhary & Anr. v. State of Bihar (1984) 2 SCC 627:
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● Facts: The plaintiffs challenged the validity of certain government actions without
Ki

serving a notice under Section 80 CPC.

● Judgment: The Supreme Court reiterated that Section 80 CPC serves as an
important safeguard for the government, providing an opportunity to address
grievances before litigation. However, the court also observed that in exceptional
cases, the requirement of notice could be waived if the suit is urgent and
immediate relief is necessary.
 15

● Significance: This judgment underscored both the mandatory nature of the notice
requirement and the court’s discretion to waive it in urgent cases where
immediate relief is essential.
Conclusion
Filing a suit against the government requires strict adherence to the procedural requirements
specified in Section 80 of the CPC and related provisions. The notice serves as a preliminary step
to give the government an opportunity to address the grievance without litigation. Landmark
judgments such as State of Punjab v. Geeta Iron & Brass Works Ltd. and Bihari Chowdhary & Anr. v.

.B
State of Bihar highlights the importance of this procedural safeguard and the limited
circumstances under which it can be waived. Compliance with these provisions is crucial for the

LL
maintainability of a suit against the government.

,
BA
10. The law of limitation generally bars the remedy, but does not destroy right - Discuss

,M
SEP 2022
You are absolutely right. The law of limitation is a well-established principle that creates a time

BE
limit for filing lawsuits. While exceeding this limit can bar the remedy, it generally doesn't
extinguish the underlying right itself. Here's a detailed explanation with legal provisions and
an
landmark judgements:
General Principle:
as

● The law of limitation aims to promote certainty and discourage stale claims. It encourages
parties to pursue legal recourse within a reasonable timeframe.
iv

● If a lawsuit isn't filed within the prescribed limitation period, the court may bar the
in

remedy, meaning you cannot enforce your right through the legal system.
Right vs. Remedy:
Sr

● Right: Your legal entitlement to something, such as the right to recover a debt, ownership
of property, etc.
n
ra

● Remedy: The legal action you can take to enforce your right, such as filing a lawsuit to
collect a debt or evict a trespasser.
ka

Impact of Limitation:
● When the limitation period expires, the law generally doesn't extinguish your underlying
ba

right. You may still be able to:

○ Negotiate a settlement with the other party outside of court.
ru

○ Await a situation where the limitation period restarts (rare).

Ki

● However, you lose the ability to enforce your right through the court system.
Legal Provisions:
● The Limitation Act, 1963: This act prescribes limitation periods for various legal actions
in India.
● Section 3 of the Limitation Act: This key provision states that the law of limitation only
bars the remedy and "the right to which the remedy relates subsists."
Landmark Judgements:
 16

1. Khadi Gram Udyog Trust vs. Ram Chandraji Virajman Mandir (1978): The Supreme Court
of India reiterated that the law of limitation bars the remedy, but the right itself remains.
The court emphasized the distinction between enforcing a right and the right itself.
2. Punjab National Bank vs. Surendra Prasad Sinha (1993): The Supreme Court reaffirmed
that the limitation period only bars the judicial remedy. The right to recover a debt, for
example, can still be exercised outside of court (with the debtor's consent).
Important Points:
● The concept of limitation barring the remedy but not the right applies to most civil cases,

.B
not criminal offenses.
● Even if the right remains, the practical difficulty of enforcing it outside the court system

LL
can be significant.
● Consulting a lawyer is crucial to understand the specific limitation period applicable to

,
your situation and the potential consequences of exceeding it.

BA
,M
11. When once time has began to run no subsequent disability or inability to sue stops it -
Explain

BE
You're absolutely right! The Civil Procedure Code (CPC) in India upholds the principle of continuity
in the running of the limitation period. Here's a breakdown of this concept with relevant legal
an
provisions and landmark judgements:
Continuous Running of Time:
as

● Once the limitation period for filing a lawsuit begins to run, it generally continues to run
uninterrupted, even if the plaintiff (person with the right to sue) faces certain disabilities.
iv

Legal Provision:
in

● Section 9 of the Limitation Act, 1963: This is the key provision that states:
Sr

"Where once time has begun to run no subsequent disability or inability to sue stops it:
Provided that, where letters of administration to the estate of a creditor have been
n
ra

granted to his debtor, the running of the period of limitation for a suit to recover the debt
shall be suspended while the administration continues."
ka
ba

This highlights that subsequent disabilities typically don't halt the limitation period, with the
exception mentioned in the proviso (debtor becomes the creditor's administrator).
ru

Landmark Judgements:
Ki

1. State of Kerala v. Thomas Chacko (1993): The Supreme Court emphasized that the
limitation period for filing an appeal starts running from the date the certified copy of the
order is received, not the date of pronouncement. This reinforces the concept of
continuous time even if there's a delay in obtaining necessary documents.

2. Munnalal v. Lachchi Ram (1964): The Supreme Court clarified that the period of disability
(e.g., minority) can extend the limitation period up to a maximum of 3 years after the
 17

disability ceases. This judgement acknowledges the impact of disability but sets a limit on
its extension.

Important Points:
● There are specific provisions for excluding certain periods from the limitation period
calculation, such as time spent obtaining copies of orders (Section 12 of the Limitation
Act).
● While some disabilities like minority can extend the limitation period, it's crucial to act

.B
within the extended timeframe to avoid being barred from suing.
● Consulting a lawyer is recommended to understand the specific limitation period

LL
applicable to your situation, the potential impact of disabilities, and any exclusion periods
that might be relevant.

,
BA
12. Enumerate the essential requisites of pleadings and describe the manner for amending

,M
pleadings
Essential Requisites of Pleadings (Order VI of the CPC):

BE
● Material Facts: Pleadings must state only material facts, those relevant to the cause of
action and essential for proving your claim or defense. (Rule 1)
an
● Conciseness: Pleadings should be concise and clear, avoiding unnecessary details or
repetition. (Rule 2)
as

● Fairness and Good Faith: Pleadings must be presented fairly and in good faith, without
any intention to mislead the court. (Rule 7)
iv

● Particulars of Claim/Defense: The pleadings must provide sufficient particulars (details)

in

about the claim or defense to allow the other party to understand the nature of the case
against them. (Rule 4)
Sr

● Verification: In certain cases, the pleadings need to be verified by oath or affirmation by

the party or their lawyer to confirm the truth of the contents. (Order XXI Rule 1)
n
ra

Legal Provisions:
● Order VI of the Civil Procedure Code (CPC): Deals with the requirements for pleadings in
ka

suits.
● Rule 1: States the need to plead material facts.
ba

● Rule 2: Emphasizes conciseness in pleadings.

● Rule 4: Requires providing particulars of claim or defense.
ru

● Rule 7: Promotes fairness and good faith in pleadings.

Ki

● Order XXI Rule 1: Addresses the verification of pleadings.

Amending Pleadings (Order VI Rule 17):
● The CPC allows for amendments to pleadings under certain circumstances, with the court's
permission.
● Grounds for Amendment:
○ Clerical or arithmetical mistakes.
○ Errors apparent on the face of the record.
 18

○ Introducing new facts to meet the opponent's case (with limitations).

● Leave of Court: The court's permission is required for amendments.
● Terms: The court may impose terms on allowing amendments, such as awarding costs to
the other party for any inconvenience caused.
Landmark Judgements:
1. Babu Lal v. Hazari Lal (1982): The Supreme Court emphasized the liberal approach to
amendments, stating that the CPC empowers courts to allow amendments "to promote the
ends of justice and not for defeating them." This judgement highlights the court's

.B
discretion to allow amendments in the interest of justice.
2. State Bank of Mysore v. Venkatesh (2010): The Supreme Court cautioned that

LL
amendments should not be allowed to completely change the nature of the lawsuit or
cause undue prejudice to the other party. This judgement emphasizes the limitations on

,
amendments to prevent abuse.

BA
Important Points:
● Well-drafted pleadings are crucial for a clear and efficient lawsuit.

,M
● Amending pleadings can be helpful to address errors or introduce new information, but it's
subject to court approval.

BE
● Consulting a lawyer is highly recommended for drafting effective pleadings, understanding
amendment procedures, and navigating the court process in your specific situation.
an
13. Describe the provisions of the Limitation Act for computation of period of limitation in
as

the case of persons under legal disability. Feb 2022

iv

The Limitation Act, 1963 recognizes the challenges faced by individuals under legal disability in
in

pursuing legal actions. Here's a breakdown of the provisions for calculating the limitation period in
such cases, along with relevant legal provisions and landmark judgements:
Sr

Legal Provisions:
● Section 6 of the Limitation Act: This is the key provision that states:
n
ra

○ If a person entitled to institute a suit (e.g., claim compensation for an injury) is a

minor, insane, or idiot at the time the limitation period begins to run, they can file
ka

the suit within the same period after the disability ceases.
● Section 8 of the Limitation Act: This section elaborates on the extension due to disability:
ba

○ The maximum extension period for filing the suit after the disability ceases is
three years.
ru

Landmark Judgements:
Ki

1. T.N. Godavarman Thirumulpad vs. Kerala State (1999): The Supreme Court clarified that
the period of disability is excluded from the limitation period calculation. In this case, the
minority of the plaintiff extended the limitation period for filing a land acquisition claim.
This judgement emphasizes the exclusion benefit for persons under disability.
2. Munnalal v. Lachchi Ram (1964): The Supreme Court highlighted the limitation on the
extension period. Even with disability, the suit must be filed within three years after the
 19

disability ceases. This judgement sets a limit on how much the limitation period can be
extended.
Important Points:
● The concept of legal disability applies to minors, individuals with mental illnesses
rendering them unfit to understand legal proceedings, and those declared as idiots under
legal procedures.
● The legal representative of the person under disability (e.g., parent for a minor) can file
the suit on their behalf.

.B
● The three-year extension after the disability ceases is a maximum limit. The court might
consider the specific circumstances when assessing if the suit was filed within a reasonable

LL
time.

,
BA
14. Enumerate the essential requisites of pleading and describe the manner for amending
pleadings.

,M
Essential Requisites of Pleadings (Order VI of the CPC):

BE
In the Civil Procedure Code (CPC), Order VI outlines the essential elements a good pleading must
possess. These ensure clarity, fairness, and efficiency in the legal process.
an
Legal Provisions:
● Order VI of the CPC: Deals with the requirements for pleadings in suits.
as

Key Requisites:
● Material Facts (Rule 1): Pleadings must focus on relevant facts that establish your claim
iv

or defense. Irrelevant details or opinions should be omitted.

in

● Conciseness (Rule 2): Strive for clear and concise language. Avoid unnecessary repetition
or overly elaborate descriptions.
Sr

● Fairness and Good Faith (Rule 7): Present your case truthfully and without any intention
to mislead the court.
n
ra

● Particulars of Claim/Defense (Rule 4): Provide sufficient details about your claim or
defense to allow the other party to understand the nature of the case against them. This
ka

includes specifics like dates, amounts, and relevant events.

● Verification (Order XXI Rule 1): In certain cases, the pleadings need to be verified by oath
ba

or affirmation by the party or their lawyer to confirm the truth of the contents.
Landmark Judgements:
ru

1. State Bank of Mysore v. Venkatesh (2010): The Supreme Court cautioned that conciseness
Ki

shouldn't compromise clarity. While unnecessary details are discouraged, essential facts
must be adequately presented.
2. Kanwalram Bishwanath Bajaj v. Laxmidas Bhagwandas (1967): The court emphasized the
importance of good faith. Pleadings containing fabricated or misleading information can
have serious consequences.
Amending Pleadings (Order VI Rule 17):
 20

The CPC allows for amendments to rectify errors or introduce new information under specific
circumstances, with the court's permission.
Legal Provisions:
● Order VI Rule 17 of the CPC: Empowers the court to permit amendments at any stage of
the proceedings.
Grounds for Amendment:
● Clerical or arithmetical mistakes: Correcting typos, calculation errors, or other minor
inaccuracies.

.B
● Errors apparent on the face of the record: Addressing clear mistakes evident from the
court documents themselves.

LL
● Introducing new facts to meet the opponent's case: Responding to new information
presented by the other party, but with limitations to prevent complete overhauls of the

,
case.

BA
Procedure for Amendment:
● A formal application must be filed before the court requesting the amendment.

,M
● The application should clearly explain the reason for the amendment and the specific
changes proposed.

BE
● The court has discretion to grant or deny the amendment request.
● The court may impose terms on allowing amendments, such as awarding costs to the other
an
party for any inconvenience caused by the delay.
Landmark Judgements:
as

1. Babu Lal v. Hazari Lal (1982): The Supreme Court highlighted a liberal approach to
amendments, allowing them "to promote the ends of justice." This emphasizes the court's
iv

power to consider the overall fairness of the case. 2. State Bank of Mysore v. Venkatesh
in

(2010): The court cautioned that amendments should not be allowed to completely
change the nature of the lawsuit or introduce undue hardship to the other party. This
Sr

judgement emphasizes limitations on amendments to prevent abuse.

Important Points:
n
ra

● Well-drafted pleadings are crucial for a smooth and efficient lawsuit.

● Amending pleadings can be helpful for addressing errors or adapting to new developments,
ka

but it requires court approval.

● Consulting a lawyer is highly recommended for drafting effective pleadings, understanding
ba

amendment procedures, and navigating the court process in your specific situation.
ru
Ki

15. An executing court cannot go behind the decree‖– Substantiate the statement.

The statement "An executing court cannot go behind the decree" is a well-established principle in
Indian law. It essentially means that the court entrusted with enforcing a judgement (executing
court) cannot question the validity or merits of the decree itself.
Here's a breakdown of the principle with relevant legal provisions and landmark judgements:
Legal Provisions:
 21

● Section 47 of the Civil Procedure Code (CPC): This is the key provision. It states that the
executing court "shall execute the decree or order according to the tenor thereof and shall
not travel beyond it." In simpler terms, the court must enforce the decree as written,
without reviewing its basis.
Landmark Judgements:
1. Maharaj Kumar Mahmud Hasan Khan vs Moti Lal Banker (1960): The court emphasized
that the executing court's role is to enforce the decree, not to alter or amend it. This
judgement highlights the limited scope of the executing court's power.

.B
2. Section 47 CPC | Executing Court Can Never Go Behind The Decree; Can Only Decide

LL
Questions Regarding 'Execution Of Decree': Supreme Court (2018): In this recent
judgement, the Supreme Court reiterated the principle. The court clarified that the

,
executing court cannot examine the validity of the order directing execution, unless the

BA
order itself is without jurisdiction. This emphasizes that challenges to the decree's validity
must be addressed through separate legal proceedings (appeals).

,M
Rationale for the Principle:

BE
● Finality of Judgments: Prevents endless litigation by ensuring judgements are final and
enforceable.
an
● Separation of Powers: Limits the executing court's role to enforcement, respecting the
original court's decision on the merits.
as

● Efficiency: Streamlines the execution process by avoiding re-evaluation of the case.

Exceptions (Rare):
iv

In very limited circumstances, the executing court might go behind the decree:
in

● Decree obtained by fraud: If there's clear evidence of fraud in obtaining the decree, the
executing court might stay execution and direct the parties towards appropriate legal
Sr

remedies.
● Decree without jurisdiction: If the court that issued the decree lacked jurisdiction (legal
n
ra

authority) to do so, the executing court might refuse enforcement.

Important Points:
ka

● The principle ensures efficient execution of judgements.

● If you believe the decree is incorrect, you may need to pursue an appeal or separate legal
ba

action to challenge it.

● Consulting a lawyer is crucial to understand your options and the applicability of the
ru

principle in your specific situation.

Ki

16. Define the general rules relating to the computation of the period of limitation -
NOV2019 (Repeated)
 22

17. Define Res Judicata. Explain its importance in Civil Proceedings

Res Judicata, a Latin term meaning "a matter adjudged," refers to the legal principle that a
matter that has been adjudicated by a competent court and has attained finality cannot be
re-litigated between the same parties in subsequent proceedings. It aims to promote judicial
efficiency, finality of judgments, and prevention of abuse of the legal process.
Legal Provisions:

.B
1. Section 11 of the Code of Civil Procedure (CPC):
● This section codifies the principle of res judicata in civil proceedings. It states that

LL
once a matter has been finally decided by a competent court, it cannot be
re-agitated between the same parties or their privies in subsequent proceedings.

,
2. Explanation IV to Section 11 of CPC:

BA
● This explanation clarifies that any matter that might and ought to have been made
a ground of defense or attack in the former suit shall be deemed to have been a

,M
matter directly and substantially in issue in that suit.
Importance in Civil Proceedings:

BE
1. Finality of Judgments:
● Res judicata ensures finality of judgments by preventing parties from re-litigating
an
issues that have already been conclusively determined by a court. This promotes
judicial economy and avoids the wastage of time and resources on repetitive
as

litigation.
2. Judicial Efficiency:
iv

● By precluding parties from raising the same issues repeatedly, res judicata
in

promotes judicial efficiency and expedites the resolution of disputes. It encourages

parties to raise all relevant issues in the initial litigation, thereby streamlining the
Sr

legal process.
3. Certainty and Predictability:
n
ra

● Res judicata provides certainty and predictability in legal proceedings by giving

parties confidence that once a matter has been adjudicated, it cannot be reopened
ka

in subsequent litigation. This promotes stability in legal relationships and

encourages compliance with court decisions.
ba

Landmark Judgements:
1. Satyadhyan Ghosal v. Deorajin Debi (1960) 3 SCR 590:
ru

● Facts: In this case, the plaintiff filed a suit for possession of certain properties. The
Ki

suit was dismissed by the trial court, and subsequent appeals were also dismissed.
The plaintiff then filed another suit for possession of the same properties.
● Judgment: The Supreme Court held that the second suit was barred by res judicata
as the matter had already been conclusively decided in the previous litigation. The
court emphasized that the principle of res judicata applies not only to points
expressly decided but also to every point that properly belonged to the subject of
litigation and was necessarily decided.
 23

2. Raja Soap Factory v. S.P. Shantharaj (1965) 1 SCR 148:

● Facts: In this case, the plaintiff filed a suit for specific performance of a contract.
The suit was dismissed by the trial court, and the dismissal was upheld on appeal.
The plaintiff then filed another suit for damages for breach of contract.
● Judgment: The Supreme Court held that the second suit was barred by res judicata
as the cause of action in both suits arose from the same contract. The court
emphasized that res judicata applies not only to the issues actually raised and
decided but also to all other issues which could and ought to have been raised in

.B
the earlier litigation.
Conclusion:

LL
Res judicata is a fundamental legal principle in civil proceedings aimed at promoting judicial
finality, efficiency, and certainty. Codified under Section 11 of the CPC, it precludes parties from

,
re-litigating issues that have already been conclusively determined by a competent court.

BA
Landmark judgments such as Satyadhyan Ghosal v. Deorajin Debi and Raja Soap Factory v. S.P.
Shantharaj underscore the importance of res judicata in preventing abuse of the legal process and

,M
ensuring the integrity of judicial decisions.

BE
an
18. Explain the process of service of summons to defendants and witnesses
as

Service of Summons in India: Notifying Defendants and Witnesses

The service of summons is a crucial step in both civil and criminal cases in India. It formally
iv

notifies parties (defendants in suits and witnesses) about the legal proceedings and their
in

obligations.
Process for Defendants (Order V of the CPC):
Sr

1. Issuance: The court issues a summons upon the filing of a plaint (complaint) in a civil suit.
2. Modes of Service (Rule 2):
n
ra

○ Personal service: The most preferred method, where a copy of the summons is
delivered directly to the defendant or an adult member of their household.
ka

○ Substituted service: If personal service is impossible, the court might allow

serving the summons by:
ba

■ Leaving it with someone employed at the defendant's usual residence.

■ Affixing it to the defendant's residence door.
ru

■ Publishing a notice in a newspaper. (For evading service)

Ki

3. Proof of Service: The process server (usually a court official) files an affidavit with the
court, confirming how the summons was served.
Process for Witnesses (Order XVI of the CPC):
1. Party Summons: A party to the case (plaintiff or defendant) can request the court to issue
summons to compel a witness to appear and testify.
2. Court Summons: The court can also issue summons on its own motion to summon
necessary witnesses. (Rule 1)
 24

3. Service: The service of summons for witnesses follows similar methods as for defendants
(personal service preferred). (Order XVI Rule 17)
Legal Provisions:
● Order V of the Civil Procedure Code (CPC): Deals with the issuance and service of
summons for defendants in suits.
● Order XVI of the CPC: Deals with summoning and attendance of witnesses.
Landmark Judgements:
1. Chandramani Devi vs. Vishnu Prasad (1997): The Supreme Court emphasized the

.B
importance of proper service of summons. A judgment passed without proper service can
be challenged. This judgement highlights the link between proper service and a fair trial.

LL
2. Sher Singh vs. State of Punjab (1995): The Supreme Court clarified that substituted
service should only be used as a last resort after making reasonable efforts for personal

,
service. This judgement emphasizes the need to prioritize personal service for ensuring

BA
notice reaches the party.
Important Points:

,M
● Failure to serve summons properly can delay the case or even lead to the dismissal of the
suit.

BE
● The specific mode of service may be determined by the court based on the circumstances.
● Consulting a lawyer is crucial to understand the appropriate service method for your
an
specific case and ensure proper legal proceedings.
as
iv
in
Sr
n
ra
ka
ba
ru
Ki
 25

4 MARKS

1. JOINDER OF PARTIES
What is Joinder of Parties?

.B
Joinder of parties refers to adding or removing parties from a lawsuit. It encompasses three
situations:

LL
1. Proper Joinder: When the right parties are included in the suit.
2. Misjoinder: When unnecessary or irrelevant parties are joined.

,
3. Non-joinder: When a necessary party is missing from the suit.

BA
Rules for Joining Plaintiffs:
Order 1, Rule 1 of the CPC allows joining multiple plaintiffs in a suit if:

,M
● Their right to relief arises from the same act or transaction (or a series of them).
● If they file d separate suits, common questions of law or fact would arise.

BE
Joining Defendants:
Order 1, Rule 3 outlines situations where someone can be joined as a defendant:
an
● When there is a right to relief against them.
● When their presence is necessary to determine the rights of the existing parties.
as

Court's Discretion:
The court has broad discretion under Order 1, Rule 10(2) to allow or disallow joining parties. They
iv

consider factors like:

in

● Plaintiff's Choice: The plaintiff generally decides who to sue.

● Complete Settlement: The court aims for a complete settlement by including necessary
Sr

parties.
Consequences of Non-Joinder:
n
ra

In some cases, the court may not dismiss the suit due to non-joinder, but a complete decree might
be difficult to achieve.
ka

2. Reference
ba

What is a Reference?
A reference under the Civil Procedure Code (CPC) allows a subordinate court to seek guidance
ru

from a High Court on a complex point of law arising during a pending case.
Ki

Legal Provision:
Order 46 of the CPC governs references.
Purpose:
● Ensures a correct interpretation of law in complex cases.
● Promotes uniformity in legal decisions.
● Reduces the risk of errors by subordinate courts.
Process:
 26

1. Subordinate Court's Doubt: The lower court identifies a legal issue requiring clarification.
2. Formulating the Question: The court precisely defines the legal question for the High
Court's consideration.
3. Reference Statement: A statement summarizing the case and the specific question is sent
to the High Court.
4. High Court's Decision: The High Court hears arguments and delivers its opinion on the
legal question.
5. Subordinate Court's Action: The lower court disposes of the case based on the High

.B
Court's opinion.

, LL
3. Acknowledgement under the Limitation Act, 1963

BA
Purpose:
The Limitation Act, 1963 sets deadlines (limitation periods) for filing lawsuits. An

,M
acknowledgement in writing can extend this deadline.
Legal Provision:

BE
Section 18 of the Limitation Act deals with acknowledgements.
What is an Acknowledgement?
an
A written statement signed by the party against whom a claim exists (or their representative)
recognizing the party's liability for the claim.
as

Effect of Acknowledgement:
● Extends Limitation Period: If made before the expiry of the limitation period, it restarts
iv

the clock for filing a lawsuit.

in

● Fresh Period Starts: A new limitation period begins from the date of acknowledgement.
Requirements for a Valid Acknowledgement:
Sr

● Writing: Must be in writing and signed by the liable party.

● Admission of Liability: Should acknowledge the claim or liability.
n
ra

● Made Before Expiry: Signed before the original limitation period ends.
Example:
ka

If the limitation period to claim a debt is 3 years, and the debtor acknowledges the debt in writing
within those 3 years, a fresh 3-year period starts from the acknowledgement date for filing a
ba

lawsuit.
ru

4. Foreign Judgment
Ki

What is a Foreign Judgment?

A foreign judgment is a decision issued by a court in one country that needs to be enforced in
another country.
Challenges of Enforcement:
● Lack of Uniformity: Legal systems differ, making direct enforcement complex.
● Sovereignty Concerns: Courts might hesitate to enforce judgments from other
jurisdictions.
 27

Legal Provisions (India):

● The Civil Procedure Code (CPC) lacks specific provisions for automatic enforcement of
foreign judgments.
● The Code of Civil Procedure (Amendment) Act, 2002 introduced Section 13 which
allows for recognition and enforcement of foreign judgments under specific conditions (yet
to be implemented).
Potential Recognition and Enforcement Mechanisms:
● Treaties: Bilateral or multilateral treaties between countries may provide frameworks for

.B
recognizing and enforcing judgments.
● Reciprocity: Courts might consider enforcing a foreign judgment if the issuing country

LL
would do the same for an Indian judgment.
● Public International Law Principles: Principles like comity (respect for other jurisdictions)

,
might influence courts.

BA
,M
5. Precept
What is a Precept?

BE
A precept, authorized by Order XXI Rule 21 of the Civil Procedure Code (CPC), is a written order
issued by a court to a specific officer (usually a bailiff or an amin) directing them to attach or
an
seize property in execution of a court decree.
Purpose:
as

● Ensures proper execution of court orders by instructing the concerned officer on the
specific property to be attached or seized.
iv

● Provides legal authorization for the officer to take possession of the property.
in

Content of a Precept:
● Details of the decree being enforced.
Sr

● Name and address of the judgment debtor (against whom the decree is passed).
● Description of the property to be attached or seized.
n
ra

● Instructions to the officer on the execution process.

Issuing a Precept:
ka

● The decree-holder (who won the case) applies to the court for issuance of a precept.
● The court verifies the application and issues the precept after ensuring its validity.
ba

Role of the Officer:

● The officer receiving the precept acts upon the instructions and attaches or seizes the
ru

specified property.
Ki

● They submit a report to the court outlining the execution process.

6. Proclamation of Sale
What is it?
A proclamation of sale, under Order XXI Rule 64 of the Civil Procedure Code (CPC), is a public
announcement issued by a court before selling property to enforce a decree.
 28

Purpose:
● Informs potential buyers about the upcoming sale.
● Provides details about the property to be sold.
● Ensures transparency and fairness in the execution process.
Legal Provision:
Order XXI Rule 64 of the CPC mandates the issuance of a proclamation of sale.
Content of Proclamation:
● Description of the property to be sold (location, size, etc.).

.B
● Amount recoverable under the decree.
● Date, time, and place of the sale.

LL
● Reserve price (minimum acceptable bid) - optional.
Issuing the Proclamation:

,
● The court issues the proclamation after the attachment of the property.

BA
● It is displayed in prominent locations like the court notice board and near the property
itself.

,M
Importance:
● Ensures adherence to due process in property execution.

BE
● Allows potential buyers to participate in the sale.
an
7. Summons
as

A summons, under Order V of the Civil Procedure Code (CPC), is a formal document issued by a
court to inform a defendant (the party being sued) about a legal case filed against them.
iv

Legal Provision:
in

Order V of the CPC governs the issuance, service, and consequences of summons.
Purpose:
Sr

● Initiates the lawsuit process by notifying the defendant.

● Informs the defendant of the nature of the lawsuit and the reliefs sought (what the
n
ra

plaintiff is asking for).

● Provides the defendant with an opportunity to respond and defend themselves.
ka

Content of Summons:
● Name and address of the plaintiff (the party suing).
ba

● Brief description of the claim or cause of action.

● Requirement for the defendant to appear in court or file a written statement within a
ru

specified timeframe.
Ki

● Consequences of non-appearance (potentially an ex parte decree against the defendant).

Serving the Summons:
● The court arranges for serving the summons on the defendant, usually through court
officials or registered post.
Importance:
● A fundamental step in ensuring a fair trial and due process.
● Ensures the defendant is aware of the lawsuit and has a chance to defend themselves.
 29

8. Jurisdiction

Type of Jurisdiction Description Legal Provisions

Subject Matter Courts have authority over specific types of Sections 7-11
Jurisdiction cases (e.g., monetary value, property

.B
disputes).

LL
Pecuniary Jurisdiction Courts have limitations on the value of claims Sections 5-6
they can handle.

,
Territorial Jurisdiction Courts have authority over cases arising within Sections 16-22

BA
a specific geographical area.

,M
Key Provisions:
● Section 17: Suits can be filed where the cause of action arises, where the defendant

BE
resides, or where the property is located.
● Section 20: For immovable property suits, jurisdiction lies where the property is situated.
an
● Section 21: For breach of contract suits, jurisdiction determines the court with the
authority to hear the case. jurisdiction lies where the contract was made or performed.
as
iv
in
Sr

9. Execution
What is Execution?
n

Execution, under the Civil Procedure Code (CPC), refers to the process of enforcing a court decree
ra

or order. It ensures the "decree-holder" (who won the case) receives what the court awarded, like
money or possession of property.
ka

Legal Provision:
While not explicitly defined, Section 36 of the CPC empowers courts to execute decrees and
ba

orders.
ru

The Process:
1. Application: The decree-holder applies for execution with the court.
Ki

2. Mode of Execution: The court chooses the appropriate method (e.g., attachment of
property, sale of property, arrest).
3. Objections: The judgment debtor (who lost the case) may raise objections.
4. Completion: Once the decree is fulfilled, the execution process is complete.
 30

10. Appeal
What is an Appeal?
An appeal, under the Civil Procedure Code (CPC), is a legal mechanism for a dissatisfied party to
challenge a lower court's decision in a higher court. It allows for a review and potential reversal,
modification, or remand (sending back) of the judgment.
Legal Provision:
Chapter XLVI of the CPC (Sections 96-112) deals with appeals from decrees and orders.
Who Can Appeal?

.B
● A party dissatisfied with the lower court's judgment.
● Someone who believes the court lacked jurisdiction or made a material irregularity.

LL
Grounds for Appeal:
● Errors in law or fact by the lower court.

,
● Improper admission or rejection of evidence.

BA
● Material irregularities in the trial process.
Outcome of Appeal:

,M
The higher court can:
● Uphold the lower court's decision.

BE
● Reverse the lower court's decision.
● Modify the lower court's decision.
an
● Remand the case back to the lower court for a retrial.
as

11. Caveat Petition

iv

A caveat petition, authorized by Section 148A of the CPC, is a precautionary legal tool. It acts as a
in

formal notice filed in court, informing the court that a person (the caveator) has an interest in a
potential lawsuit and should be heard before any orders are passed.
Sr

Purpose:
● Protects the caveator's rights by ensuring they are notified of any proceedings related to
n
ra

their interest.
● Prevents ex parte orders (orders passed without hearing the other side) that could harm
ka

the caveator's interests.

Who Can File:
ba

Anyone with a potential interest in a lawsuit they believe might be filed can file a caveat petition.
Content of Petition:
ru

● Details of the potential suit (if known).

Ki

● Nature of the caveator's interest.

● Request to be informed before any orders are passed.
Court's Role:
● The court maintains a caveat register.
● If a suit is filed related to the caveat, the court informs the caveator.
Note:
● A caveat is not a guarantee to be a party in the lawsuit.
 31

● It only ensures the caveator is informed and has an opportunity to be heard.

● This is a simplified explanation. Specific legal advice on caveat petitions is recommended.

12. Ex Parte Decree

An ex parte decree, under the Civil Procedure Code (CPC), is a judgment passed against a party in
their absence. This occurs when the defendant (the party being sued) is served a summons but
fails to appear in court for the hearing.

.B
Legal Provision:
Order IX, Rule 13 of the CPC empowers courts to pass ex parte decrees in such scenarios.

LL
Key Points:
● The plaintiff (the party suing) must present their case and convince the court of their

,
claim.

BA
● The court examines the evidence before issuing the decree.
● The defendant has the right to apply to set aside the ex parte decree under Order IX, Rule

,M
13 itself, by providing a valid reason for their absence and contesting the claim.
Benefits:

BE
● Ensures cases progress despite a defendant's non-appearance.
Drawbacks:
an
● Raises concerns about fairness and natural justice principles (being heard).
as

13. Reference
iv

A reference under the Civil Procedure Code (CPC) allows a subordinate court to seek guidance
in

from a High Court on a complex point of law arising during a pending case.
Legal Provision:
Sr

Order 46 of the CPC governs references.

Purpose:
n
ra

● Ensures a correct interpretation of law in complex cases.

● Promotes uniformity in legal decisions.
ka

● Reduces the risk of errors by subordinate courts.

Process:
ba

1. Subordinate Court's Doubt: The lower court identifies a legal issue requiring clarification.
2. Formulating the Question: The court precisely defines the legal question for the High
ru

Court's consideration.
Ki

3. Reference Statement: A statement summarizing the case and the specific question is sent
to the High Court.
4. High Court's Decision: The High Court hears arguments and delivers its opinion on the legal
question.
5. Subordinate Court's Action: The lower court disposes of the case based on the High
Court's opinion.
 32

14. Inherent Powers of High Court

In India, High Courts possess inherent powers that go beyond those explicitly mentioned in
the Constitution or statutes. These inherent powers are used to ensure the ends of justice
are met and the court functions effectively.
Legal Provisions:
There's no single provision explicitly mentioning inherent powers in the CPC. However,
Section 482 of the Criminal Procedure Code (CrPC) refers to the inherent powers of the

.B
High Court. It states:
Section 482 of CrPC: "Nothing in this Code shall affect the inherent power of the High

LL
Court to make such orders as may be necessary to do the ends of justice or to prevent
abuse of the process of any court."

,
Examples of Inherent Powers:

BA
● Quashing FIR or Proceedings: The High Court can quash a First Information Report
(FIR) or criminal proceedings in exceptional circumstances to prevent abuse of the

,M
legal system.
● Enforcing Discipline: The court can maintain decorum and discipline within itself

BE
by punishing contemptuous behavior.
● Issuing Writs: High Courts can issue writs like habeas corpus, mandamus,
an
certiorari, and prohibition to enforce fundamental rights and ensure justice.
● Supervising Subordinate Courts: They can oversee lower courts within their
as

jurisdiction to ensure adherence to proper procedures.

● Important Points:
iv

● Inherent powers are used sparingly and only when no other legal remedy exists.
in

● These powers cannot be used to contradict existing laws or established procedures.

● The court exercises its inherent powers judiciously and with due consideration for
Sr

all parties involved.

n
ra

15. Affidavit
ka

The Civil Procedure Code (CPC) doesn't directly contain provisions on affidavits. However,
affidavits are recognized as evidence under the CPC and play a crucial role in civil court
ba

proceedings.
What is an Affidavit?
ru

An affidavit is a written statement made under oath or solemn affirmation by a person regarding
Ki

the truth of the contents. It's signed by the deponent (the person making the affidavit) and
verified by a person authorized to administer oaths (e.g., notary public).
Legal Basis for Affidavits:
● The Evidence Act, 1872: Section 1 of the Evidence Act recognizes affidavits as evidence.
● Order XIX of the CPC: Order XIX deals with the presentation and admission of evidence in
court, which includes affidavits.
How Affidavits are Used in CPC:
 33

● Affidavits can be used to submit evidence without the deponent appearing in court.
● They are often used to present factual statements or verify documents.
● Courts have the discretion to decide the weight given to affidavit evidence.
Benefits of Affidavits:
● Saves time and cost by avoiding the need for the deponent to appear in person.
● Allows for presenting evidence outside of court hours.
● Can be a faster and more convenient way to submit certain types of evidence.

.B
16. Jurisdiction (Repeated)

LL
17. Pleadings
In the Civil Procedure Code (CPC), pleadings refer to the formal written statements filed by

,
parties in a lawsuit outlining their claims and defenses. These statements initiate the case and set

BA
the stage for the legal battle.
Legal Provisions:

,M
● Order VI of the CPC governs pleadings in detail.
Types of Pleadings:

BE
● Plaint: The initial written statement filed by the plaintiff (the party suing) that details the
cause of action, the reliefs sought (what they want from the court), and relevant facts.
an
● Written Statement: The defendant's response to the plaint, addressing the claims made
and presenting their defense. It can include counterclaims against the plaintiff.
as

Contents of Pleadings:
● Material Facts: Should focus on the essential facts that support the party's case, not
iv

evidence itself.
in

● Particulars: If necessary, specific details like dates, amounts, or names should be provided
for clarity.
Sr

● Prayer: The plaintiff states the specific reliefs sought from the court (e.g., monetary
compensation, property possession).
n
ra

Importance of Pleadings:
● Define the scope of the dispute.
ka

● Help identify the legal issues involved.

● Facilitate a fair trial by ensuring transparency and informing both parties of each other's
ba

positions.
Court's Role:
ru

The court has the authority to:

Ki

● Order amendments to pleadings if necessary for clarity or to prevent prejudice.

● Dismiss pleadings if they are irrelevant, scandalous, or lack sufficient particulars.

18. Commissioner
The Civil Procedure Code (CPC) empowers courts to appoint a commissioner for specific purposes
during a lawsuit. Here's a breakdown of the key points:
 34

Legal Provisions:
● Order XXVI: Deals with issuing commissions for various purposes.
Who is a Commissioner?
A commissioner can be:
● A judicial officer (not a judge of a civil court)
● Any other person deemed fit by the court
When is a Commissioner Appointed?
The court can appoint a commissioner for tasks like:

.B
● Examining witnesses: When a witness is unable to appear in court due to illness, infirmity,
or residence outside the court's jurisdiction. (Order XXVI Rule 1)

LL
● Local inspection: When the court needs to examine property or a location relevant to the
case. (Order XXVI Rule 9)

,
● Accounts or partition: Examining complex accounts or overseeing the division of property.

BA
(Order XXVI Rule 8)
Process:

,M
1. Application: A party to the suit can apply to the court requesting the appointment of a
commissioner.

BE
2. Court's Order: The court considers the request and issues an order appointing a
commissioner, specifying the tasks and deadlines.
an
3. Commissioner's Role: The commissioner performs the assigned tasks and submits a report
to the court.
as

4. Report: The report becomes evidence in the case and can be challenged or
cross-examined by the parties.
iv

Important Points:
in

● The court has discretion in choosing and assigning duties to the commissioner. (Order XXVI
Rule 2)
Sr

● Commissioners cannot impose penalties on witnesses. The court must be approached for
that purpose. (Order XXVI Rule 2)
n
ra
ka

19. Kinds of decrees

ba

Type of Decree Description Legal Provisions

ru

Preliminary Determines rights or liabilities of parties without

Section 2(2)
Ki

Decree disposing of the suit entirely.

Completely disposes of the suit and conclusively

Final Decree Section 2(2)
determines the rights of the parties.

Partly Some parts of the decree are final while others are
Section 2(2)
Preliminary and preliminary.
 35

Partly Final
Decree

Decree on Passed when a defendant admits the claim or part

Order XII, Rule 6
Admission of the claim of the plaintiff.

Passed when the defendant does not appear in

Ex Parte Decree Order IX, Rule 6
court despite proper service of summons.

.B
Based on a mutual agreement between the parties
Consent Decree Section 96(3)

LL
involved in the suit.

Composite Involves more than one matter or issue being

,
Section 2(2)

BA
Decree decided together.

,M
Declaratory Declares the rights of the parties without providing
Section 34
Decree for any execution.

BE
an
20. Set off
as

Legal Provisions:
iv

1. Section 111: Provides for the right of a defendant to set off any amount due to them from
the plaintiff against the plaintiff's claim.
in

2. Section 121: Allows the set off of debts, mutual dealings, and other legal relationship
Sr

claims.
3. Order VIII, Rule 6: Provides specific procedural rules regarding set off in pleadings.
n

4. Order XX, Rule 3: Deals with the determination of the sum due to either party in a set-off
ra

scenario.
Concept:
ka

Set off is a legal principle allowing a defendant to deduct or offset a debt or claim they have
ba

against the plaintiff's claim, reducing the overall liability. It aims to achieve justice and fairness by
preventing multiple litigations over interconnected claims between the same parties.
ru

Purpose:
● Efficiency: Avoids multiplicity of proceedings by resolving related claims in a single
Ki

lawsuit.
● Equity: Ensures fairness by considering the entirety of the parties' dealings and preventing
unjust enrichment.
● Judicial Economy: Saves time and resources by resolving disputes comprehensively and
conclusively in one legal action.
 36

21. Suits in civil nature

Legal Provisions:
● Section 9: Civil courts have jurisdiction to try all civil suits unless barred expressly or
impliedly.
● Section 15: Suits to be instituted in the court of lowest grade competent to try them.
● Section 16: Suits relating to immovable property to be instituted where the property is
situated.
● Section 17: Suits for immovable property outside jurisdiction can be filed where the

.B
defendant resides or carries on business.
● Section 19: Suits for compensation for wrongs to person or movable property can be filed

LL
where the wrong occurred or defendant resides.
● Section 20: Suits can be filed where the defendant resides or carries on business or where

,
the cause of action arises.

BA
Concept:
Civil suits involve disputes between private parties regarding their rights, duties, and obligations

,M
under civil law. These suits seek remedies such as compensation, injunctions, specific
performance, or declaration of rights.

BE
Purpose:
● Resolution of Disputes: Civil suits provide a legal mechanism for resolving conflicts
an
between individuals, corporations, or other entities.
● Protection of Rights: They ensure the protection and enforcement of legal rights and
as

interests.
● Restoration of Justice: Civil suits aim to restore the affected party to their rightful position
iv

or compensate them for any loss suffered.

in

● Adherence to Legal Principles: They uphold the principles of justice, equity, and fairness as
prescribed by law.
Sr

Civil suits play a crucial role in maintaining social order, protecting individual rights, and
promoting the rule of law in society.
n
ra
ka
ba
ru
Ki
 37

22. Ex-Parte decree (Repeated)

23. Suit against Government
The Civil Procedure Code (CPC) outlines the procedure for filing lawsuits against the Government
(Union or State) or its officers.
Legal Provisions:
● Section 79: Suits by or against the Government must be filed in the name of the
Government or a public officer duly authorized by the Government.
● Section 80: Pleadings (plaint and written statement) by or against the Government must

.B
be signed by a person authorized by the Government and verified by a person acquainted
with the facts.

LL
● Order 27: This order deals specifically with suits by or against the Government or public
officers.

,
Key Points:

BA
● Notice Period: Before filing a lawsuit, a two-month notice in writing outlining the
intended claim may be required (depending on the specific government entity).

,M
● Defending Officer: The Government Pleader represents the Government in court.
● Exemptions: The Government enjoys certain sovereign immunities, and specific

BE
permissions may be required before suing in some cases.
Procedure:
an
● Notice (if applicable): Send a written notice to the concerned government department
outlining the claim.
as

● Plaint Preparation: Draft a plaint (legal document) detailing the cause of action and reliefs
sought.
iv

● Filing the Suit: File the plaint with the appropriate court, adhering to jurisdictional
in

requirements.
● Service of Summons: The court serves the summons on the Government Pleader.
Sr

● Written Statement: The Government files a written statement defending the case.
● Trial and Judgment: The court conducts the trial and issues a judgment.
n
ra
ka

24. Interim Injunction

ba

An interim injunction, also known as an ad-interim injunction, is a temporary order issued by a

court during the pendency of a lawsuit to preserve the subject matter or prevent a potential
ru

harm.
Ki

Legal Provisions:
● Order 39 of the CPC: This entire order deals with temporary injunctions and other
interlocutory orders.
● Section 94(c) and (e): These sections empower courts to grant temporary injunctions to
prevent the violation of any right or to prevent the ends of justice from being defeated.
Purpose:
● Maintains the status quo of the subject matter until the final judgment.
 38

● Prevents potential irreparable harm to the plaintiff's rights if the defendant continues
their actions.
Types of Interim Injunctions:
● Restrain Order: Prohibits the defendant from taking a specific action.
● Mandatory Order: Orders the defendant to perform a specific action.
Requirements for Granting an Interim Injunction:
● Prima facie Case: The plaintiff must demonstrate a strong likelihood of success in the
main suit.

.B
● Balance of Convenience: The court considers which party would suffer greater
inconvenience if the injunction is granted or denied.

LL
● Irreparable Injury: The plaintiff must show that they might suffer harm that cannot be
adequately compensated by money if the injunction is not granted.

,
Granting the Injunction:

BA
● The court may grant the injunction unconditionally or with conditions like furnishing
security by the plaintiff (a financial guarantee for potential losses caused by the injunction

,M
to the defendant if the plaintiff loses the case).
Dissolving the Injunction:

BE
● The court can dissolve the injunction if circumstances change or the plaintiff's case
weakens.
an
as

25. Executing Court

The Civil Procedure Code (CPC) assigns the responsibility of enforcing court decrees (orders) to a
iv

specific court, known as the executing court.

in

Legal Provision:
● Section 38 of the CPC: This section empowers the court that passed the decree
Sr

(decree-holder's court) or the court within whose jurisdiction the decree is to be enforced
(judgment-debtor's court) to function as the executing court.
n
ra

Types of Executing Courts:

● Decree-holder's Court: The court that originally passed the decree can be the executing
ka

court if the decree is to be enforced within its jurisdiction.

● Judgment-debtor's Court: The court within whose jurisdiction the assets of the judgment
ba

debtor (the person against whom the decree is passed) are located can be the executing
court. The decree-holder can apply to this court for execution.
ru

Choosing the Executing Court:

Ki

The decree-holder has the option to choose the executing court based on convenience and
practicality. However, some decrees (e.g., those related to immovable property) must be
executed by the court within whose jurisdiction the property is situated.
Powers of the Executing Court:
● Issuing orders for attachment and sale of the judgment debtor's property.
● Arresting the judgment debtor in certain cases.
● Appointing receivers to manage the judgment debtor's property.
 39

● Deciding disputes arising during execution proceedings (e.g., claims by third parties on
property).
Important Points:
● The executing court cannot question the validity of the decree itself. However, it can
address procedural irregularities or jurisdictional issues during execution.
● The CPC outlines specific procedures for various execution methods (e.g., attachment,
sale of property) that the executing court must follow.

.B
26. Review

LL
A review under the Civil Procedure Code (CPC) allows a party to seek a correction of a court order
or decree if there's an error on the record. It's not a complete rehearing of the case.

,
Legal Provision:

BA
● Section 114: This section empowers the court that passed the decree or order to review it
under certain conditions.

,M
Grounds for Review:
● Clerical or arithmetical mistake: Obvious errors in calculations or copying within the

BE
order/decree itself.
● Error apparent on the face of the record: An error that can be identified solely by
an
looking at the court records without introducing new evidence.
● New and important matter: Discovery of crucial information that wasn't presented during
as

the original hearing and could have significantly impacted the outcome.
Who Can File for Review?
iv

● A party directly affected by the decree or order can apply for a review.
in

Process:
1. Application: A formal application is filed before the court that passed the decree/order,
Sr

outlining the grounds for review.

2. Notice: The court may issue notice to the other party.
n
ra

3. Hearing: The court examines the application and may hear arguments before deciding.
4. Decision: The court can:
ka

○ Dismiss the application if no valid grounds for review exist.

○ Amend the decree/order to rectify the error.
ba

Important Points:
● Time limits apply for filing a review application. (Refer to specific legal advice for current
ru

time limits).
Ki

● A review doesn't guarantee a change to the decree/order.

● It cannot be used to challenge the correctness of the court's legal reasoning or findings on
facts presented during the original hearing.

27. Judgement
 40

Legal
Stage Description Provision

Court to pronounce judgment in open court at the conclusion of

Section 33 Section 33
the hearing.

Contents of judgment: Should contain the points for

Section 34 Section 34

.B
determination, decision thereon, and reasons for the decision.

LL
Judgments to be dated and signed by the presiding officer in open
Section 35 Section 35
court.

,
BA
Judgment to be pronounced within 30 days of conclusion of the
Section 36 Section 36
hearing, unless otherwise directed by the High Court.

,M
Copies of judgment to be made available to parties and submitted
Section 38 Section 38
to High Court if required.

Order XX
BE
Procedure for judgment and decree, including recording of
Order XX
an
judgment, signing of decree, and its contents.

Execution of decree: The decree is a formal expression of the

as

Order XXI, Order XXI,

judgment of the court, and its execution involves various methods
Rule 1-5 Rule 1-5
iv

such as attachment and sale of property.

in

Concept:
Sr

● Judgment: It is the final decision by a court in a civil case.

● Content: A judgment includes findings on the issues, decision, and reasons.
n

● Recording: Judgment should be recorded, dated, and signed by the presiding officer.
ra

● Timeliness: Judgment should ideally be pronounced promptly after the conclusion of the
ka

hearing.
● Execution: Decrees are derived from judgments and are enforceable through execution
ba

proceedings.
Purpose:
ru

● Legal Finality: Provides a conclusive resolution to the dispute.

Ki

● Transparency: Ensures transparency by articulating reasons for the decision.

● Enforceability: Forms the basis for the execution of decrees to provide relief to the
successful party.
● Due Process: Upholds the principles of natural justice and due process in legal
proceedings.
 41

28. Fraud and Mistake under Limitation Act

Aspect Description Legal Provision

Fraudulent Deliberate suppression or concealment of facts with Section 17(1)(a)

Concealment the intent to deceive, leading to the extension of the
limitation period.

.B
Mistake Ignorance or misunderstanding of material facts or Section 17(1)(b)
law leading to the failure to institute a suit within the

LL
limitation period.

,
Discovery of Fraud Date when the fraud or mistake becomes known to Section 17(1)(c)

BA
the aggrieved party, allowing them to file the suit
within a reasonable time from discovery.

,M
Accrual of Cause of The limitation period starts from the time when the Section 3
Action cause of action arises unless delayed due to

BE
fraudulent concealment or mistake.
an
Delay Due to Fraud If fraud is discovered after the expiry of the Section 17(2)
limitation period, the suit can be filed within three
as

years from the date of discovery.

iv

Delay Due to If the mistake is discovered after the expiry of the Section 17(2)
in

Mistake limitation period, the suit can be filed within three

years from the date of discovery or within the original
Sr

limitation period, whichever is later.

n

Concept:
ra

● Fraud: Deliberate deception or concealment of facts to deceive another party.

● Mistake: Genuine error or misunderstanding of facts or law.
ka

● Discovery: The point in time when the aggrieved party becomes aware of the fraud or
mistake.
ba

● Effect on Limitation: Fraud or mistake may extend the limitation period, allowing the
ru

aggrieved party to file a suit within a reasonable time from discovery.

Purpose:
Ki

● Equitable Relief: Provides recourse to parties who are victims of fraud or mistake to seek
legal redress.
● Fairness: Ensures that parties are not unfairly prejudiced by fraudulent actions or genuine
mistakes.
● Preservation of Rights: Facilitates the enforcement of rights by allowing suits to be filed
despite the expiry of the limitation period under certain circumstances.
 42

29. Set off and counter claim

Feature Set Off (CPC Order VIII Rule 6) Counter Claim (CPC Order VIII Rule
6A)

Definition A claim set up by the defendant to An independent claim raised by the

counterbalance the plaintiff's claim. defendant against the plaintiff in

.B
the written statement.

LL
Legal Provision Order VIII Rule 6 Order VIII Rule 6A

Nature of Claim Must arise from the same transaction Can arise from a separate

,
or cause of action as the plaintiff's transaction or cause of action.

BA
claim.

,M
Purpose Reduce or extinguish the plaintiff's Enforce a separate claim against the
claim. plaintiff.

BE
Type of Claim Usually limited to monetary claims Can be any type of claim (monetary
that are liquidated (definite sum) or non-monetary) as long as it is
an
and readily provable. recoverable at the date of the
written statement.
as

Time for Raising Can be raised at any stage of the Must be pleaded in the written
iv

proceedings, even orally in court. statement.

in

Effect on Plaintiff's Reduces the plaintiff's claim by the Creates a separate action to be tried
Sr

Claim amount of the set-off. alongside the plaintiff's claim.

n

Important Points:
ra

● Both set off and counter claim can be used by the defendant to reduce or defeat the
plaintiff's claim.
ka

● Set off is a shield (defense) against the plaintiff's claim, whereas a counter claim is a
ba

sword (offensive weapon) to assert the defendant's own claim.

● The court has the discretion to decide whether to try the set off or counter claim along
ru

with the plaintiff's claim or separately.

Ki

30. Framing of issues.

 43

Aspect Description Legal

Provision
Framing of Issues Identification and formulation of specific points of Order XIV, Rule
dispute that require adjudication during the trial. 1
Purpose Ensures clarity and precision in legal proceedings, Order XIV, Rule
guiding the trial process by focusing on essential 2
points of contention.

.B
Mandatory Requirement The court is mandated to frame issues for Order XIV, Rule
determination in all cases where there is a material 1(1)
dispute of fact or law.

LL
Admission of Facts Issues need not be framed if the parties admit the Order XIV, Rule
facts of the case or if the court deems framing 1(2)

,
BA
unnecessary for the determination of the suit.
Discretion of the Court The court has the discretion to frame additional Order XIV, Rule

,M
issues not raised by the parties if it deems necessary 5
for a complete adjudication of the dispute.
Consequences of Omission Omission to frame issues when required may lead to Order XIV, Rule

BE
remand for proper framing, delay in trial, or 6
inaccuracy in addressing crucial points of dispute.
an
Time for Framing Issues Issues should be framed at an early stage of the Order XIV, Rule
suit, preferably after completion of pleadings but 1(3)
as

before evidence is recorded, to guide the trial

proceedings effectively.
iv
in
Sr

31. Precept (Repeated)

n

32. Ex parte decree (Repeated)

ra

33. Misjoinder of parties.

Misjoinder of parties occurs in a civil lawsuit when there is an improper inclusion or exclusion of
ka

parties. The Civil Procedure Code (CPC) addresses this issue in the following provisions:
ba

● Order I Rule 1: This rule empowers the court to correct any defect in the parties or cause
of action at any stage of the proceedings.
ru

● Order I Rule 9: This is the key provision dealing with misjoinder. It states:
Ki

"No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the
Court may in every suit deal with the matter in controversy so far as regards the rights and
interests of the parties actually before it: Provided that nothing in this rule shall apply to
non-joinder of a necessary party."
 44

● Explanation I & II to Order I Rule 9: These explanations clarify the distinction between
necessary and proper parties.

○ Necessary Party: A person whose presence is essential for effectively adjudicating

the dispute and granting complete relief. The court cannot proceed without them.
○ Proper Party: A person whose presence may be desirable for a complete

.B
determination of the controversy, but the court can still adjudicate the dispute in
their absence.

LL
Implications of Misjoinder:
● Misjoinder of Plaintiffs: If a plaintiff has been improperly joined (e.g., no legal interest in

,
the case), the court may order their name to be struck off the plaint (legal document

BA
initiating the lawsuit).
● Misjoinder of Defendants: If a defendant has been improperly joined (e.g., not liable for

,M
the claim), the court may order their name to be struck off the written statement
(defendant's response).

BE
● Non-joinder of Necessary Party: If a necessary party is not joined, the court may:
○ Dismiss the suit due to the potential for prejudice to the absent party or the
an
proper adjudication of the dispute.
○ Order the necessary party to be joined if practicable.
as

Importance of Identifying Proper Parties:

● Ensures all parties with a legal interest in the dispute are involved.
iv

● Prevents delays and potential dismissal due to misjoinder.

in

● Leads to a more efficient and fair trial process.

Sr

34. Foreign judgment (Repeated)

n
ra

35. Mesne profits.

The Civil Procedure Code (CPC) doesn't directly define or lay out specific provisions for mesne
ka

profits. However, the concept of mesne profits is recognized by courts and plays a role in awarding
compensation in certain situations. Here's how mesne profits are generally understood in the
ba

context of the CPC:

What are Mesne Profits?
ru

Mesne profits refer to the profits received or that could have been received with ordinary
Ki

diligence from occupying another person's property wrongfully. It's a form of compensation
awarded to the rightful owner for the period of wrongful possession.
Legal Basis for Mesne Profits:
● Section 91(1) of the CPC: This section empowers the court to make a decree for recovery
of possession of immovable property and mesne profits.
● Relevant Case Law: Numerous court judgments have established the concept of mesne
profits and the principles for their calculation.
 45

Who Can Claim Mesne Profits?

The rightful owner of the property who has been dispossessed by another party can claim mesne
profits.
When are Mesne Profits Awarded?
● Decree for Possession: When a court issues a decree for possession of immovable property
in favor of the plaintiff, it may also award mesne profits for the period of wrongful
possession by the defendant.
● Nature of Possession: The possession by the defendant must be wrongful, meaning they

.B
occupy the property without legal justification.
Calculating Mesne Profits:

LL
There are no specific provisions in the CPC for calculating mesne profits. Courts consider various
factors, including:

,
● Rental income that could have been earned if the property was lawfully rented.

BA
● Potential income from the property's use (e.g., agriculture yield).
● Increase or decrease in property value during the period of wrongful possession.

,M
BE
36. Proclamation of Sale (Repeated)
37. Reference to High Court
an
Here's a breakdown of the reference to the High Court under the Civil Procedure Code (CPC) with
legal provisions:
as

Provision:
● Section 113: This section empowers subordinate courts (courts below the High Court) to
iv

refer a question of law or a case stated for the opinion of the High Court.
in

Types of References:
● Reference on a question of law: When a subordinate court encounters a complex legal
Sr

issue during a case and seeks guidance from the High Court on how to interpret the law.
● Reference of a case stated: When a subordinate court has completed the hearing of a
n
ra

case but wants the High Court's opinion on the entire case before delivering its own
judgment. (This type of reference is less common).
ka

Who Can Initiate a Reference?

● The subordinate court itself, on its own motion (suo motu), can initiate a reference if it
ba

believes a question of law needs clarification for a just decision.

● Parties to the case cannot directly request a reference.
ru

Process of Reference:
Ki

1. Order of Reference: The subordinate court issues a written order outlining the question of
law or stating the case for the High Court's opinion.
2. Record Transmission: The subordinate court sends the case file and the reference order to
the High Court.
3. Hearing by High Court: The High Court may hear arguments from the parties or decide
based on the written submissions.
 46

4. High Court's Opinion: The High Court delivers its opinion on the question of law or the
entire case (if referred).
5. Decision by Subordinate Court: The subordinate court considers the High Court's opinion
and delivers its own judgment in the case.
Important Points:
● The High Court's opinion is not binding on the subordinate court in all cases. However, it
carries significant persuasive value.
● References can delay the final disposal of the case in the subordinate court.

.B
● Legal advice is crucial to understand whether a reference is appropriate and the potential
implications in your specific situation under the CPC.

, LL
38. Amendment of Judgements, decree and orders

BA
,M
Aspect Judgement Decree Order
Legal Provision Section 152 Order XX Rule 4 Order XX Rule 4

BE
Grounds for ● Clerical or * Clerical or * Clerical or arithmetical
Amendment arithmetical arithmetical mistake * Error apparent on
mistake mistake * Error the face of the record * Any
an
● Error apparent apparent on the other reason deemed just
on the face of face of the record * and proper by the court
as

the record Satisfaction or

adjustment of the
iv

decree (e.g., partial

payment)
in

Who Can Apply? Any party affected by Any party affected Any party affected by the
Sr

the judgement by the decree order

Time Limit Reasonable time after Reasonable time Reasonable time after the
n

the pronouncement of after the passing of passing of the order

ra

the judgement the decree

ka

Process Application filed Application filed Application filed before the

before the court that before the court court that passed the order
ba

passed the judgement that passed the

decree
ru

Court's Discretion The court has The court has The court has discretion to
discretion to decide discretion to decide decide whether to grant the
Ki

whether to grant the whether to grant amendment.

amendment. the amendment.

Important Points:
● Clerical or arithmetical mistake: Obvious errors in calculations or copying within the
judgement, decree, or order itself.
 47

● Error apparent on the face of the record: An error that can be identified solely by looking
at the court records without introducing new evidence.
● Amendment cannot change the court's findings or reasoning on the merits of the case.
● Amendment cannot be used to challenge the correctness of the decision itself.

39. Inherent Jurisdiction

.B
Inherent jurisdiction is a concept in common law legal systems that grants a court the authority to
manage its own processes and ensure a fair and just outcome in a case. It's not based on any

LL
specific legislation but arises from the court's inherent power as a judicial body.
Key Characteristics:

,
● Broad Power: The court can take necessary actions to ensure the proper functioning of the

BA
judicial system within the case before it.
● Flexibility: It allows the court to adapt to new situations or challenges that may not be

,M
explicitly addressed by written laws.
● Focus on Justice: The goal is to uphold fairness and prevent abuse of the legal process.

BE
Examples of Inherent Jurisdiction:
● Controlling its own proceedings: The court can set timelines, manage evidence
an
presentation, and maintain order in the courtroom.
● Preventing abuse of process: The court can dismiss frivolous lawsuits or sanction parties
as

for bad faith tactics.

● Protecting vulnerable individuals: In some cases, the court can act to protect vulnerable
iv

people, like children or the mentally incapacitated, even if there's no specific law.
in

Limitations of Inherent Jurisdiction:

● Cannot contradict existing law: The court's inherent powers cannot be used to override
Sr

established legal principles or statutes.

● Used cautiously: Courts generally exercise inherent jurisdiction sparingly and only when
n
ra

there's no other legal remedy available.

Importance of Inherent Jurisdiction:
ka

● Ensures fairness: Provides the court with the flexibility to address unforeseen issues and
ensure a just outcome for all parties.
ba

● Maintains order: Allows the court to control its proceedings and prevent disruptions.
● Protects the vulnerable: Empowers the court to act in situations where existing laws may
ru

be inadequate.
Ki

40. Pleading (Repeated)

41. Abatement of Suits
What is Abatement of Suit?
A suit abates when it comes to an end due to a reason specified in the CPC, and it cannot proceed
further. This doesn't necessarily mean the underlying cause of action is extinguished, but a fresh
suit might be required.
 48

Legal Provisions:
● Order XXII Rule 3: Deals with abatement due to the death of a party.
○ Plaintiff's Death: The suit abates "so far as the deceased plaintiff is concerned"
unless the right to sue survives and the legal representative (e.g., heir) is brought
on record within the prescribed time.
○ Defendant's Death: The suit abates "as against the deceased defendant" unless the
legal representative is brought on record within the prescribed time. The suit can
continue against surviving defendants, if any.

.B
● Order XXII Rule 4: Deals with abatement due to other reasons.
○ Insolvency: If a plaintiff or solvent defendant becomes insolvent, the suit abates.

LL
○ Marriage: In some specific scenarios involving marriage of parties, the suit may
abate.

,
○ Dissolution of a Corporation: If a plaintiff or defendant corporation dissolves, the

BA
suit may abate.
Important Points:

,M
● Right to Sue: If the right to sue survives (e.g., claim is related to property and can pass on
to heirs), the legal representative can apply to set aside the abatement and continue the

BE
suit.
● Prescribed Time: The CPC prescribes a time limit for bringing the legal representative on
an
record to avoid abatement. (Refer to specific legal advice for current time limits).
● Fresh Suit: If the suit abates entirely, a fresh suit might be required, depending on the
as

specific circumstances.
iv

42. Rules relating to Joinder of Parties (Repeated)

in
Sr
n
ra
ka
ba
ru
Ki
 49

.B
LANDMARK JUDGEMENTS

, LL
BA
Res Judicata:
● State of Maharashtra vs. Mayer Hansa Mahtab (1965): This Supreme Court judgement

,M
clarified that Res Judicata applies to issues decided in the previous case, not just the final
outcome.

BE
● Shiv Nath Prasad vs. Phool Chand (1965): The Supreme Court distinguished between Res
Judicata and cause of action. A new cause of action, even if related to a previously
an
decided dispute, might not be barred by Res Judicata.
Limitation Period:
as

● T.N. Godavarman Thirumulpad vs. Kerala State (1999): The Supreme Court clarified that
the period of disability is excluded from the limitation period calculation in the Limitation
iv

Act.
in

● Munnalal v. Lachchi Ram (1964): The Supreme Court highlighted the limitation on the
extension period for disability under the Limitation Act. Even with a disability, the suit
Sr

must be filed within three years after the disability ceases.

●
n
ra

Pleadings:
● State Bank of Mysore v. Venkatesh (2010): The Supreme Court cautioned that conciseness
ka

in pleadings shouldn't compromise clarity. While unnecessary details are discouraged,

essential facts must be adequately presented.
ba

● Kanwalram Bishwanath Bajaj v. Laxmidas Bhagwandas (1967): The court emphasized the
importance of good faith in pleadings. Pleadings containing fabricated or misleading
ru

information can have serious consequences.

Ki

Amending Pleadings:
● Babu Lal v. Hazari Lal (1982): The Supreme Court highlighted a liberal approach to
amendments, allowing them "to promote the ends of justice" under Order VI Rule 17 of the
CPC.
 50

● State Bank of Mysore v. Venkatesh (2010): The court cautioned that amendments
shouldn't be allowed to completely change the nature of the lawsuit or introduce undue
hardship to the other party.

Executing Court and Decrees:

● Maharaj Kumar Mahmud Hasan Khan vs Moti Lal Banker (1960): The court emphasized
that the executing court's role is to enforce the decree, not to alter or amend it (Section
47 of the CPC).

.B
● Section 47 CPC | Executing Court Can Never Go Behind The Decree; Can Only Decide
Questions Regarding 'Execution Of Decree': Supreme Court (2018): The Supreme Court

LL
reiterated that the executing court cannot examine the validity of the order directing
execution, unless the order itself is without jurisdiction.

,
BA
Service of Summons:
● Chandramani Devi vs. Vishnu Prasad (1997): The Supreme Court emphasized the

,M
importance of proper service of summons (Order V of the CPC). A judgment passed without
proper service can be challenged.

BE
● Sher Singh vs. State of Punjab (1995): The Supreme Court clarified that substituted
service for summons should only be a last resort after attempting personal service (Order V
an
and Order XVI of the CPC).
as
iv

LIMITATION ACT
in

P. R. Deshpande v. Maruti Balaram Haibatti (1998) 6 SCC 507:

Sr

●
○ Facts: The plaintiff filed a suit for specific performance of a contract claiming that
the defendant had fraudulently concealed the contract's true terms.
n
ra

○ Judgment: The Supreme Court held that in cases where fraud is alleged, the
limitation period starts from the date when the fraud was discovered or could have
ka

been discovered with due diligence. The Court emphasized that fraud vitiates
everything, and a party who has committed fraud cannot take advantage of the
ba

limitation period.
○ Significance: This judgment reaffirmed that the discovery of fraud can extend the
ru

limitation period, protecting the rights of parties deceived by fraudulent actions.

Ki

● N. R. Ramarathnam v. D. V. Seshiah (1974) 2 SCC 102:

○ Facts: The plaintiff sought to recover money on the ground that the defendant had
made payments based on a mistake. The defendant argued that the claim was
time-barred.
○ Judgment: The Supreme Court held that when a suit is based on mistake, the
limitation period begins when the mistake is discovered. The Court stated that a
 51

mistake, whether of fact or law, that affects the plaintiff's right to sue extends the
limitation period until the mistake is discovered.
○ Significance: This case illustrated the application of the principle that mistakes
affecting the cause of action delay the start of the limitation period, ensuring that
parties are not unfairly barred from seeking relief due to errors.

● L.C. Mills v. Aluminum Corporation of India Ltd. (1971) 2 SCC 623:

○ Facts: In this case, there was an acknowledgment of debt by the debtor before the

.B
expiration of the limitation period.
○ Judgment: The Supreme Court held that an acknowledgment of liability in writing,

LL
made before the expiry of the limitation period, extends the period of limitation.
The Court emphasized that the acknowledgment must be clear and unequivocal,

,
indicating the existence of the debt.

BA
○ Significance: This judgment confirmed that an acknowledgment in writing resets
the limitation period, providing a fresh start from the date of acknowledgment.

,M
● Sampuran Singh v. Niranjan Kaur (1999) 2 SCC 679:

BE
○ Facts: The issue was whether a payment made towards the debt, with a receipt
issued, extended the limitation period.
an
○ Judgment: The Supreme Court ruled that part payment of a debt before the
expiration of the limitation period, when acknowledged by a receipt, extends the
as

period of limitation from the date of such payment. The Court clarified that both
part payment and acknowledgment must be within the prescribed period to extend
iv

the limitation.
in

○ Significance: This case established that part payments, accompanied by receipts,

effectively extend the limitation period, provided they are made before the
Sr

original period expires.

n
ra

● S.P. Chengalvaraya Naidu v. Jagannath (1994) 1 SCC 1:

○ Facts: The case involved a fraudulent transaction where a party obtained a decree
ka

by concealing a crucial document.

○ Judgment: The Supreme Court held that any judgment or decree obtained by fraud
ba

is a nullity and can be challenged at any time. The court emphasized that fraud
vitiates all judicial acts, whether in rem or in personam.
ru

○ Significance: This judgment highlights that fraud has the effect of nullifying any
Ki

legal proceedings and decrees, and the limitation period does not protect
fraudulent actions.

● Indian Bank v. Satyam Fibres (India) Pvt. Ltd. (1996) 5 SCC 550:
○ Facts: This case dealt with a situation where fraud was discovered after the
judgment was passed.
 52

○ Judgment: The Supreme Court ruled that if fraud is discovered after the judgment,
the limitation period for challenging the judgment starts from the date of
discovery of the fraud. The court reinforced that fraud vitiates all transactions and
judgments.
○ Significance: This case underlined the principle that the discovery of fraud extends
the limitation period, allowing affected parties to seek redress despite the passage
of the original limitation period.

.B
● Bombay Dyeing & Mfg. Co. Ltd. v. State of Bombay (1958) SCR 1122:
○ Facts: The case involved a challenge to the validity of certain assessments after

LL
the expiration of the limitation period.
○ Judgment: The Supreme Court held that the law of limitation does not destroy the

,
right but merely bars the remedy. It emphasized that after the expiry of the

BA
limitation period, the right to sue is lost, but the right itself may still exist and be
recognized in other contexts.

,M
○ Significance: This judgment clarified the distinction between barring the remedy
and extinguishing the right, underscoring that limitation periods are primarily

BE
about procedural fairness and certainty.
an
● Radhakrishnan v. Sivarama Krishna Iyer (1971) 1 SCC 564:
○ Facts: This case involved a claim for possession of property where the suit was
as

filed after the expiration of the limitation period.

○ Judgment: The Supreme Court ruled that while the law of limitation bars the legal
iv

remedy through courts after the period prescribed, it does not destroy the
in

underlying substantive right to the property, unless explicitly stated by statute

(e.g., Section 27 for property rights).
Sr

○ Significance: The judgment reinforced the principle that the Limitation Act bars
the remedy but does not destroy the underlying right, except in specific statutory
n
ra

exceptions.
ka

● P. Sarthi v. State Bank of India, (1996) 3 SCC 364:

○ Facts: The appellant, a borrower, contended that the limitation period for the bank
ba

to recover the loan should be extended due to his subsequent illness, which he
argued was a disability preventing him from being sued.
ru

○ Judgment: The Supreme Court held that once the limitation period begins, it
Ki

cannot be halted by any subsequent disability or inability to sue. The court

emphasized that the purpose of the Limitation Act is to ensure that litigation is
initiated within a specified period, promoting certainty and avoiding protracted
uncertainty.
○ Significance: This case affirmed that subsequent disabilities, such as illness or
other incapacities, do not extend or interrupt the limitation period once it has
commenced.
 53

● Mohammad Noor v. Mohd. Ibrahim, AIR 1994 SC 120:

○ Facts: The plaintiff claimed that the limitation period should be extended due to
his subsequent imprisonment, which he argued was a disability that prevented him
from filing the suit.
○ Judgment: The Supreme Court reiterated that subsequent disabilities or
incapacities do not stop the limitation period from running once it has started. The
Court underscored the principle that the limitation period is designed to bring

.B
certainty and finality to legal disputes.
○ Significance: This judgment reinforced the continuous running of the limitation

LL
period despite subsequent events that might otherwise seem to hinder the
plaintiff’s ability to sue.

,
BA
● N. Balakrishnan v. M. Krishnamurthy, (1998) 7 SCC 123:
○ Facts: The plaintiff filed a suit for partition after the expiration of the limitation

,M
period, but claimed that the delay was due to his legal disability as a minor.
○ Judgment: The Supreme Court held that the period of limitation for a suit can be

BE
extended on account of the plaintiff's minority, but such extension cannot exceed
three years from the cessation of minority. The Court emphasized that the purpose
an
of extending the limitation period is to ensure fairness and justice, but it should
not unduly prejudice the rights of the defendant.
as

○ Significance: This case clarified the application of Section 6 and Section 7 of the
Limitation Act in cases of minority, emphasizing the importance of balancing the
iv

interests of both parties.

in

Gulam Abbas v. State of Uttar Pradesh, (2001) 7 SCC 318:

Sr

●
○ Facts: The plaintiff sought to challenge the acquisition of land, claiming that he
was under a legal disability during the limitation period.
n
ra

○ Judgment: The Supreme Court reiterated that the extension of the limitation
period due to legal disability is subject to a maximum limit of three years from the
ka

cessation of the disability. The Court emphasized that the purpose of the limitation
law is to balance the interests of the parties and prevent indefinite delay in
ba

seeking legal remedies.

○ Significance: This judgment reaffirmed the principle that while the law provides
ru

for the extension of limitation periods for persons under legal disability, such
Ki

extension is subject to a reasonable maximum limit to ensure fairness and finality

in legal proceedings.

SUMMON
 54

● D.K. Lakhani v. Malkapuram Co-op. Bank Ltd., (2012) 9 SCC 312:

○ Facts: The issue was whether the service of summons was properly executed.
○ Judgment: The Supreme Court held that due diligence must be exercised to ensure
proper service of summons. The court emphasized the importance of following
procedural rules to avoid ex-parte decisions against defendants who were not duly
notified.
○ Significance: This case underscores the necessity of strict adherence to procedural
rules in serving summons to protect the rights of the parties involved.

.B
● R.K. Roja v. U.S. Rayudu & Anr., (2016) 14 SCC 275:
○ Facts: The case involved a dispute over the service of summons to a witness.

LL
○ Judgment: The Supreme Court ruled that if the service of summons is contested,
the burden of proof lies on the person asserting that the summons was served. The

,
court reaffirmed that proper service is a precondition for legal proceedings to be

BA
valid.
○ Significance: This judgment highlighted the need for clear and convincing evidence

,M
of service to ensure the integrity of the judicial process.

BE
an
JUDGEMENT
as

● Aribam Tuleshwar Sharma v. Aribam Pishak Sharma (1979) 4 SCC 389:

○ Facts: The review was sought on the ground of an error apparent on the face of the
iv

record.
in

○ Judgment: The Supreme Court held that an error apparent on the face of the
record must be self-evident and should not require detailed examination or
Sr

argument to establish. The Court emphasized that a review is not an appeal in

disguise and cannot be used to reargue the case.
n
ra

○ Significance: This case clarified the stringent standard for what constitutes an
error apparent on the face of the record, limiting the scope of review to obvious
ka

errors.
ba

● Ajit Kumar Rath v. State of Orissa (1999) 9 SCC 596:

○ Facts: The review was sought based on the discovery of new and important matter
ru

or evidence.
Ki

○ Judgment: The Supreme Court held that the discovery of new and important
matter or evidence must be relevant and material to the issue, and it must be
established that such evidence was not within the knowledge of the party seeking
review and could not have been produced at the time of the original decision
despite due diligence.
 55

○ Significance: This judgment underscored the necessity for the new evidence to be
significant and not merely additional or cumulative, ensuring that the review
process is used sparingly and judiciously.

SUIT AGAINST GOVERNMENT

● State of Punjab v. Geeta Iron & Brass Works Ltd. (1978) 1 SCC 68:
○ Facts: The plaintiff filed a suit against the State of Punjab without serving the

.B
mandatory notice under Section 80 CPC.
○ Judgment: The Supreme Court held that the requirement of notice under Section

LL
80 CPC is mandatory and cannot be waived. The failure to serve the notice renders
the suit incompetent.

,
○ Significance: This judgment emphasized the strict compliance required with the

BA
notice provision before instituting a suit against the government, highlighting that
non-compliance leads to the dismissal of the suit.

,M
● Bihari Chowdhary & Anr. v. State of Bihar (1984) 2 SCC 627:
○ Facts: The plaintiffs challenged the validity of certain government actions without

BE
serving a notice under Section 80 CPC.
○ Judgment: The Supreme Court reiterated that Section 80 CPC serves as an
an
important safeguard for the government, providing an opportunity to address
grievances before litigation. However, the court also observed that in exceptional
as

cases, the requirement of notice could be waived if the suit is urgent and
immediate relief is necessary.
iv

○ Significance: This judgment underscored both the mandatory nature of the notice
in

requirement and the court’s discretion to waive it in urgent cases where

immediate relief is essential.
Sr
n
ra

PLEADING
ka

● Pandurang Dhondi Chaugule v. Maruti Hari Jadhav (2003) 8 SCC 431:

ba

○ Facts: The plaintiff sought to amend the plaint to add an additional relief after the
commencement of the trial.
ru

○ Judgment: The Supreme Court held that the court has wide discretion to allow
Ki

amendments at any stage of the proceedings to ensure that the real questions in
controversy are determined. However, the court emphasized that amendments
should not cause injustice or prejudice to the opposite party.
○ Significance: This judgment underscored the importance of balancing the interests
of both parties when considering amendments to pleadings during the trial.

● Charan Singh v. Healing Touch Hospital & Ors. (2010) 3 SCC 712:
 56

○ Facts: The plaintiff sought to introduce a new cause of action by way of

amendment after the trial commenced.
○ Judgment: The Supreme Court held that while courts are generally liberal in
allowing amendments before the commencement of the trial, they should be
cautious in permitting amendments during the trial. The court emphasized that
amendments should not change the character of the suit or prejudice the opposite
party's rights.
○ Significance: This case highlighted the need for caution and fairness when

.B
considering amendments to pleadings during the trial stage, ensuring that the
rights of both parties are protected.

LL
● M/s Bholanath Polyfab Pvt. Ltd. v. United India Insurance Co. Ltd. & Ors. (2019) SCC

,
Online SC 983:

BA
○ Facts: The plaintiff sought to amend the plaint to include additional causes of
action after the trial commenced.

,M
○ Judgment: The Supreme Court held that courts should adopt a liberal approach in
allowing amendments to pleadings before the commencement of the trial, as long

BE
as it does not cause injustice to the opposite party. However, during the trial, the
court may exercise its discretion cautiously, ensuring that the amendment does not
an
alter the character of the suit or prejudice the opposite party's rights.
○ Significance: This case emphasized the importance of balancing the interests of
as

both parties and ensuring fairness when considering amendments to pleadings,

whether before or during the trial.
iv
in

● M/s Abhilash Jewellers v. P.K. Anil Kumar & Anr. (2019) SCC Online Ker 25682:
○ Facts: The plaintiff sought to amend the written statement to include additional
Sr

defenses after the trial commenced.

○ Judgment: The Kerala High Court held that while amendments to pleadings should
n
ra

generally be allowed to ensure that the real controversies are determined, the
court should exercise its discretion judiciously to prevent undue prejudice to the
ka

opposite party. The court emphasized that amendments during the trial should be
granted only if absolutely necessary and if the interests of justice demand it.
ba

○ Significance: This judgment reiterated the principle that while amendments to

pleadings are generally permitted to serve the interests of justice, courts should be
ru

cautious in allowing such amendments during the trial to prevent unfair prejudice
Ki

to the opposite party.

DECREE
● Sundar Das v. Ram Prasad (1966) 3 SCR 487:
 57

○ Facts: In this case, a decree for possession was passed against the appellant.
During execution proceedings, the appellant raised objections, contending that the
decree was a nullity as it was obtained by fraud.
○ Judgment: The Supreme Court held that in execution proceedings, the executing
court cannot go behind the decree and examine its validity. The court emphasized
that the proper forum for challenging the decree on the grounds of fraud was in a
separate suit.
○ Significance: This judgment reaffirmed the principle that an executing court is

.B
limited to executing the decree as it stands and cannot delve into the validity of
the decree itself.

LL
● Sant Lal Gupta v. Modern Co-operative Group Housing Society Ltd. (2010) 11 SCC 785:

,
○ Facts: In this case, a decree for specific performance of a sale agreement was

BA
passed against the appellant. During execution proceedings, the appellant raised
objections, arguing that the agreement was voidable and could not be specifically

,M
enforced.
○ Judgment: The Supreme Court reiterated that the executing court cannot go

BE
behind the decree and examine its validity. The court emphasized that issues
relating to the validity of the decree, such as whether the contract was voidable or
an
void, could only be determined in separate proceedings and not in execution
proceedings.
as

○ Significance: This judgment emphasized the principle of finality and conclusiveness

of decrees, barring the executing court from re-examining the validity of the
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decree during execution proceedings.

in

Satyadhyan Ghosal v. Deorajin Debi (1960) 3 SCR 590:

Sr

●
○ Facts: In this case, the plaintiff filed a suit for possession of certain properties. The
suit was dismissed by the trial court, and subsequent appeals were also dismissed.
n
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The plaintiff then filed another suit for possession of the same properties.
○ Judgment: The Supreme Court held that the second suit was barred by res judicata
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as the matter had already been conclusively decided in the previous litigation. The
court emphasized that the principle of res judicata applies not only to points
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expressly decided but also to every point that properly belonged to the subject of
litigation and was necessarily decided.
ru
Ki

● Raja Soap Factory v. S.P. Shantharaj (1965) 1 SCR 148:

○ Facts: In this case, the plaintiff filed a suit for specific performance of a contract.
The suit was dismissed by the trial court, and the dismissal was upheld on appeal.
The plaintiff then filed another suit for damages for breach of contract.
○ Judgment: The Supreme Court held that the second suit was barred by res judicata
as the cause of action in both suits arose from the same contract. The court
emphasized that res judicata applies not only to the issues actually raised and
 58

decided but also to all other issues which could and ought to have been raised in
the earlier litigation.

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