CPC

UNIT 1

1. Res Sub-Judice

- Meaning: It refers to a matter or case that is under judicial consideration

and has not yet been decided by the court.
- Legal Provision: Section 10 of the Civil Procedure Code (CPC), 1908, in India,
deals with the doctrine of Res Sub-Judice. It states that no court should
proceed with a trial of any suit if the same issue is directly and substantially in
question in a previously instituted suit between the same parties in another
competent court.

2. Res Judicata

- Meaning: This doctrine bars re-litigation of a matter that has already been
adjudicated by a competent court.
- Legal Provision: Section 11 of the CPC, 1908, deals with Res Judicata. It
states that no court shall try a suit or issue in which the matter has been
directly and substantially in issue in a former suit between the same parties,
and the court has given a final judgment.

3. Restitution

- Meaning: Restitution refers to the restoration of a thing to its rightful owner

or the compensation given to a party for a loss or injury caused.
- Legal Provision: It is based on the principle that if a party has been unjustly
enriched at the expense of another, they are required to return the benefit to
the rightful party (CPC, Section 144).

4. Caveat

- Meaning: It is a formal notice or warning filed by a person to the court that

no action should be taken without informing them first.
- Legal Provision: Section 148A of the CPC, 1908, allows a person who
anticipates the filing of a suit or application against them to file a caveat in
court.
 5. Inherent Powers of Courts

- Meaning: Courts have inherent powers to act in a manner that ensures

justice and prevents abuse of the process of law.
- Legal Provision: Section 151 of the CPC empowers courts to make orders to
meet the ends of justice or prevent the abuse of the process of the court.

6. E-Courts

- Meaning: E-courts are the digitalization of courts, where judicial

proceedings and case filings happen electronically. They aim to improve
efficiency, accessibility, and transparency.
- Importance: E-courts help in quick disposal of cases, reduce the burden on
the judiciary, and make legal services accessible to citizens remotely.

Institution of Suit

- The Institution of Suit marks the formal commencement of legal

proceedings in civil court by filing a plaint. A suit can be instituted by following
the procedures laid out in the Civil Procedure Code (CPC).

1. Decree
- Meaning: A formal expression of adjudication by a civil court regarding the
rights of parties. It can be final, preliminary, or partly final.
- Provision: Defined under Section 2(2) of the CPC, 1908.

2. Judgment
- Meaning: The statement given by a judge explaining the grounds of a decree
or order. It is the final decision in a suit or case.

3. Order
- Meaning: A decision or direction of the court that does not amount to a
decree. It can relate to various matters in the course of a trial.

4. Foreign Court
- Meaning: A court situated outside the country that is not established under
Indian law.
5. Foreign Judgment
- Meaning: A judgment delivered by a foreign court that may or may not be
enforceable in India depending on certain conditions under Section 13 of the
CPC.

6. Mesne Profits
- Meaning: The profits that a person in wrongful possession of property earns
during the period of their wrongful possession.
- Legal Provision: It is calculated as compensation for loss suffered due to
unlawful possession.

7. Affidavit
- Meaning: A written statement of facts sworn to be true, signed before an
authority like a magistrate or notary.
- Importance: It is used as evidence in judicial proceedings.

8. Suit
- Meaning: A civil proceeding in a court in which a plaintiff seeks legal relief
against a defendant.

9. Plaint
- Meaning: The written statement filed by the plaintiff which contains the
facts of the case and the relief sought.
- Legal Provision: The plaint is the basis for the institution of a suit.

10. Written Statement

- Meaning: A document filed by the defendant in response to the plaintiff’s
plaint, outlining their defense to the claims.
UNIT 2

a. Jurisdiction and Place of Suing

1. Jurisdiction:
- Meaning: Jurisdiction refers to the legal authority of a court to hear and
decide a case. It is determined by factors such as the subject matter of the
dispute, the geographical area, and the monetary value involved in the case.
- Types of Jurisdiction:
- Territorial Jurisdiction: Relates to the geographic limits within which a court
has authority.
- Subject Matter Jurisdiction: Relates to the types of cases a court can hear
(e.g., civil, criminal, family law).
- Pecuniary Jurisdiction: Limits the court's authority based on the value of
the claims in the suit.
- Original and Appellate Jurisdiction: Original jurisdiction allows a court to
hear a case for the first time, while appellate jurisdiction refers to a court's
authority to review the decisions of lower courts.

2. Place of Suing:
- Legal Provision: Section 15-20 of the Civil Procedure Code (CPC), 1908
govern where a suit can be filed.
- Rules for Place of Suing:
- Section 15: Suits must be filed in the court of the lowest grade competent
to try it.
- Section 16-18: Relate to suits concerning immovable property. These suits
are filed where the property is situated.
- Section 19: Deals with suits for compensation for wrongs to persons or
movable property.
- Section 20: Covers other suits, such as those based on contracts, which
may be filed where the defendant resides or where the cause of action arose.

b. Pleadings

1. Meaning:
- Pleadings refer to the formal written statements of the parties to a lawsuit,
where they state the facts and claims they intend to prove during the trial.
Pleadings consist of the Plaint and Written Statement.
2. Object:
- The main purpose of pleadings is to ensure that both parties are aware of
the issues in dispute, so they can prepare their cases. It also narrows down the
points that need to be adjudicated by the court.

3. General Rules of Pleadings:

- Rule 1: Pleadings should state facts, not law.
- Rule 2: Facts must be stated concisely and clearly.
- Rule 3: All material facts necessary for the case should be mentioned but
avoid unnecessary details.
- Rule 4: There should be no contradiction or inconsistency in the pleading.
- Rule 5: Facts must be supported by necessary particulars.

4. Amendment of Pleadings:
- Provision: Order 6 Rule 17 of the CPC allows a party to amend its pleadings
at any stage of the proceedings with the permission of the court.
- Object: Amendments are allowed to ensure that all relevant facts are
presented before the court to avoid multiplicity of suits, provided it does not
prejudice the other party.

c. Plaint and Written Statement

1. Plaint:
- Meaning: A plaint is the written document filed by the plaintiff to initiate a
lawsuit. It contains the facts of the case, the cause of action, the relief sought,
and the legal grounds for filing the suit.
- Contents: The plaint should include the name of the court, the parties'
names, the cause of action, jurisdiction, details of the claim, and the relief
being sought.

2. Written Statement:
- Meaning: A written statement is the defendant's response to the plaintiff's
plaint. It includes the defendant's defense against the claims made by the
plaintiff and may include admissions, denials, or counterclaims.
d. Rejection of Plaint

1. Legal Provision: Order 7 Rule 11 of the CPC, 1908, outlines the grounds on
which a plaint can be rejected.
2. Grounds for Rejection:
- The plaint does not disclose a cause of action.
- The relief claimed is undervalued, and the plaintiff fails to correct the
valuation.
- The suit is barred by law (e.g., limitation period has expired).
- Insufficient stamp duty has been paid.
3. Effect: If the plaint is rejected, the plaintiff may file a fresh suit after
rectifying the defects.

e. Discovery, Inspection, and Production of Documents

1. Discovery of Documents:
- Meaning: A party can request the other party to disclose any documents
relevant to the case that are in their possession or power.
- Provision: Order 11 of the CPC deals with the discovery and inspection of
documents.

2. Inspection of Documents:
- Meaning: After the discovery of documents, the opposite party can inspect
them.

3. Production of Documents:
- Meaning: Documents may be produced in court during the trial to support
or oppose the claims in the suit.

f. Appearance and Non-Appearance of Parties

1. Appearance:
- Meaning: It refers to the presence of parties in court either personally or
through their legal representatives (lawyers).
- Legal Provision: Order 9 of the CPC deals with the appearance and non-
appearance of parties.
2. Non-Appearance:
- If the plaintiff does not appear, the suit can be dismissed. If the defendant
does not appear, the court may proceed ex-parte (without the defendant's
presence).

g. First Hearing

1. Meaning: The first hearing is the first day on which the court takes up the
case for consideration.
2. Importance: On this day, the court may examine the pleadings, order
discovery or production of documents, and may decide preliminary issues like
jurisdiction or legal questions.

h. Framing of Issues

1. Meaning: Issues are points of dispute between the parties in a suit, which
arise from the pleadings (plaint and written statement).
2. Importance: Framing issues helps narrow down the matters that need to be
adjudicated and separates the facts and law that are in dispute.
3. Provision: Order 14 of the CPC deals with the framing of issues.
4. Types of Issues:
- Issues of Fact: Related to disputed facts that need to be proved.
- Issues of Law: Related to the legal principles governing the facts of the case.
UNIT 3

Unit III: Interim Orders and Associated Legal Remedies

1. Interim Orders
- Interim Orders are temporary orders issued by a court during the pendency of
a legal case. They aim to maintain the status quo or prevent further harm until
the final resolution of the case. Examples include temporary injunctions, stay
orders, and interim relief.
- The court grants these orders to ensure that justice is not compromised while
the case is still being heard.

2. Commissions
- A Commission is appointed by a court to investigate and gather information
relevant to the case. These can be for the purposes of local inspections,
examination of witnesses, or discovery of facts.
- Court Commissioners are neutral third parties who assist in fact-finding, often
in situations where the judge cannot personally investigate.

3. Arrest Before Judgment

- Under certain circumstances, a plaintiff can apply for the arrest of the
defendant before judgment, if there is a risk that the defendant might abscond
or hide to avoid fulfilling the decree.
- Provisions for such arrests exist in civil cases (e.g., Order 38, Rule 1 of the
CPC), where it is necessary to ensure that the defendant remains within the
jurisdiction of the court.

4. Attachment Before Judgment

- Attachment Before Judgment
allows the plaintiff to secure the defendant's property before the judgment is
passed if there is a reasonable belief that the defendant is likely to dispose of
or conceal assets to evade the execution of a future decree.
- This process is regulated by Order 38, Rule 5 of the Civil Procedure Code
(CPC), where the court can attach the property to protect the interests of the
plaintiff.
5. Temporary Injunctions
- A Temporary Injunction is an order that restrains a party from taking a specific
action, usually to prevent harm or injustice, until the court issues a final
judgment.
- Courts grant temporary injunctions under Order 39 of the CPC when there is
an urgent need to protect the applicant's rights, such as in cases of property
disputes or irreparable damage.

6. Interlocutory Orders
- Interlocutory Orders are temporary orders passed by a court during the
pendency of a case, which do not decide the final rights of the parties but deal
with immediate matters that arise before the final hearing.
- These include decisions on procedural matters, grant of temporary relief, or
orders for the production of documents or evidence.

7. Receiver
- A Receiver is appointed by a court to take custody and manage the property
or assets in dispute during litigation. The role of the receiver is to preserve the
property and its value until the court delivers its final decision.
- Receivers are typically appointed when there is a risk that one party may
misuse or deplete the assets in question.

8. Security for Costs

- The court can order a party (usually the plaintiff) to provide Security for Costs,
ensuring that the defendant can recover legal costs if the case is decided in
their favor.
- This is typically used when the plaintiff is from a foreign jurisdiction or when
there is a concern that they may not be able to pay the defendant’s costs if the
claim fails.

These provisions ensure fairness and justice during legal proceedings by

providing mechanisms to prevent the defendant from evading responsibility
and protecting the plaintiff’s interests until the final resolution of the case.
UNIT 4

Unit IV: Suits in Particular Cases

1. Suits by or Against Government

- Suits by or against the Government refer to legal proceedings where the
government is either the plaintiff or the defendant. These suits are governed by
Section 79 to 82 of the Civil Procedure Code (CPC).
- When the government is involved in a suit, certain procedural protections are
in place. For example, a notice under Section 80 of the CPCl must be served to
the government or its public officers before filing a suit against them, allowing
them a chance to resolve the matter amicably.
- The government is liable for legal action like any private individual, but the
procedure and certain privileges, like immunity in specific cases, make these
suits distinct.

2. Suits by Indigent Persons

- A Suit by an Indigent Person allows a person who cannot afford to pay court
fees to file a lawsuit. Indigent persons are granted permission to proceed
without paying the requisite court fees, as defined in Order 33 of the CPC.
- The court first determines whether the applicant is truly indigent by assessing
their financial situation. Once confirmed, the suit proceeds like any other, but if
the plaintiff wins, the court may recover the fees from the defendant.

3. Interpleader Suit
- An Interpleader Suit is a special type of legal action that arises when two or
more parties claim the same property or money from a third party, who does
not have an interest in the dispute.
- The third party, known as the stakeholder, files an interpleader suit to compel
the claimants to litigate their claims against each other, allowing the
stakeholder to avoid liability to either party. This is governed by Section 88 and
Order 35 of the CPC
4. Summary Procedure
- Summary Procedure allows for the swift resolution of certain cases without a
full trial when the facts are straightforward and undisputed. This is governed by
Order 37 of the CPC.
- Summary suits are typically used in cases related to money recovery or
negotiable instruments (like promissory notes and bills of exchange). The
defendant is allowed limited defenses, and if they fail to provide sufficient
grounds for defense, judgment is quickly passed in favor of the plaintiff.
- This procedure saves time and resources for both the court and the parties
involved.

5. Suits Relating to Public Nuisance

- A Public Nuisance Suit deals with cases where an unlawful interference affects
the public or a section of the community. These suits are governed by Section
91 of the CPC.
- In these cases, any two or more people can file a suit to stop the public
nuisance, or the government may take action on behalf of the public. The law
allows for remedies to prevent or stop activities that harm the community at
large, such as pollution, blocking public roads, or excessive noise.

These specific types of suits address different legal circumstances and ensure
that particular cases, whether involving the government, indigent persons, or
public welfare, are handled with appropriate procedural safeguards and
remedies.