# PLEADING:- Pleadings are specifically covered in Order VI of the must be concise, it must also be accurate and certain.

ertain. For the sake

Code of Civil Procedure, 1908 and it talks about Pleadings in of brevity, pleadings shouldn't be compromised in terms of clarity
General. Order VI contains 18 rules altogether. Def:- P.C. Mogha - and specificity. However, this does not imply that the facts that
pleading is a statement in writing drawn up and file by each party must be stated are so brief as to lose their significance in the
in any suit. It includes all those things upon which the suit is a pleadings. The very goal and objectives of pleading are to discover
frame and the defendant submit his own written statement.[2] the true source of controversy and it would be defeated if there is
The initial stage of a lawsuit called pleading, parties formally a lack of precision in the arguments. The Golden Rule of pleading
present their claims and defenses. Objective:- Pleading helps the states that the facts must be presented in such a way that neither
parties understand the details of the claim made against them by important nor irrelevant information is left out or included. E)
the adverse party, saving time and money. In the past, when Other Rules Of Pleading:- Rule 3 to Rule 16 (Order VI) talks about
pleadings were not common and parties used to argue their case other rules of pleading: i)Specific details with regard to dates and
in court, it occasionally happened that parties took a long time to items should be mentioned in the pleadings in a case for
respond to claims because of the sudden and new arguments of misrepresentation, criminal breach of trust, fraud, or willful default
the opposing party. The main goal of pleading is to focus on the in payment of due. Ii) It is not necessary to mention a condition
key issues and paint a precise picture of the case, which improves precedent to filing a lawsuit if it has been satisfied. If it is not, it is
and speeds up the court process. The whole object of pleading is crucial to mention the fact and provide justifications. For instance,
to bring parties to an issue and the meaning of the rules relating to no legal action against the government may be brought without
pleadings was to prevent the issues bring enlarged, which would two months' notice under Section 80 of the CPC. Therefore, the
prevent other parties from knowing when the cause came on for plaintiff must mention this as well as the reason for non-adherence
trial, what the real point to be discussed and decided. if the notice is not served iii) If no new allegations or grounds for a
Fundamentals:-Sub-rule (1) of Rule 2 (order VI):- 1) The first claim are added to the initial pleadings, a pleading may be
fundamental of rule of pleading is that it should only state facts amended at a later stage of the proceeding. Iv) Each pleading must
and not the law. 2)The facts that are stated in the pleading must be signed by the party whose pleading it is, must be verified by the
be material facts. 3) It should never state or disclose the evidence. party whose pleading it is, and must be accompanied by a sworn
4)The facts stated in the pleading must be in a concise form. A) affidavit that serves as the party's deposition. V) Documents need
Facts and not law:- In the case of Kedar Lal v. Hari Lal the Supreme not be fully described in the pleadings unless their content is
Court ruled that in a civil lawsuit, the parties are only required to crucial. Vi) When a person's malice, fraudulent intention,
describe the events that occurred and the basis for their claims in knowledge, or other mental state is relevant, it may be alleged in
their pleadings; it is the judiciary's responsibility to apply the law. the pleading only as a fact without stating the specific
It implies that the parties should outline their claims and the circumstances from which it is to be inferred. Such circumstances
reasons why they should be accepted. B) Material facts:- The term actually serve as material fact evidence. Vii) When giving notice to
"material fact" is not specifically defined in the CPC, 1908 or any a person is required or a condition precedent, pleadings should
other law. In Udhav Singh v. Madhav Rao Scindia, the Supreme only mention giving the notice; they shouldn't specify its exact
Court provided the following definition of "material fact": form or duration, or the circumstances from which it should be
According to the court, "material facts" are all those important inferred, unless those details are crucial. Viii) Implied
details that the parties rely on to support their claims and establish agreements or relationships between people may be stated as a
their causes of action or to make a strong defence or counterclaim fact, and a general plea should be made based on correspondence,
against the party making the initial claim. The courts have noted a conversation, or other evidence. Amendment Of Pleading:-
that determining what facts or information qualifies as a material Amendment of a pleading is covered by Rules 17 and 18 of Order
fact is a subjective matter that will be decided by the court on an VI of the Code of Civil Procedure, 1908. These rules work to bring
individual basis depending on the facts and circumstances of each about justice in society. According to Rule 17 of the Code of Civil
case. C) Facts and not evidence:- This rule mandates that the Procedure, 1908, either party may be required to amend or alter
evidence in the pleadings be excluded. In other words, the party is his pleading at any point during the proceeding in a fair and just
not required to mention the witnesses or documentary evidence manner, allowing amendment when necessary to settle the precise
that it intends to present to the court in order to use against the contentious issue between the parties. Rule 18 deals with the
opposing party. This is done to guarantee the safety of the problem of the pleading not being amended. It deals with the law
evidence and the fairness of a trial. According to jurisprudence, that states if a party is ordered by the court to make a necessary
there are two different types of facts: facta probanda and facta change and fails to do so within the time limit specified in the
probantia. I) Facts probanda: material facts ii) Facts probantia: order, or if no time limit is specified, then within 14 days of the
evidence D) Concise form:- The last and most important order's date, he will not be allowed to amend after the time limit
fundamental rule, also known as the "rule of brevity," calls for the specified above, or after such 14 days, as the case may be, unless
pleadings to be concise, clear, and limited to the interpretation the time is extended by the court.
that the pleader wishes to convey. Not only should the pleading be
brief, but it also needs to be precise. Even though the pleading
# SUMMONS:- The term summons has not been defined in Code admissible now a days for expediency and speedy service of
of Civil Procedure 1908 but according to Black's law dictionary: summons, The Service of summons on Defendant can be made by
Summons means a writ stating an action is commenced against giving a copy of summons to the defendant through any electronic
him in court. In code of civil procedure 1908 summons can be media such as Emails or Fax under rules prescribed by the High
issued to following persons: To Defendant - Order 5,Sec 27 to 29:- Court.
When any party (Plaintiff) filed a suit against another party i.e.
Defendant. The Defendant has to be informed that the suit is filed # RES JUDICATA:- Section 11 of the Code of Civil Procedure, 1908
represents the doctrine of res-judicata or the rule of
against him and it is necessary to appear before court of justice to
conclusiveness of judgement, as to the points determined earlier
defend himself in such situation the court send an intimation
of fact, or of law, or of law and fact and in every consecutive suit
document to defendant is said to be summons to defendant. TO between the identical parties. It legislates that once the matter is
Witnesses:- Order 16, Sec 27 to 31:-The summons shall issue by finally settled by a competent Court, no party can be allowed to
the Court to any person to give evidence as witness or produce reopen it in a subsequent litigation. In absence of such a rule there
document which is in his possession before court on particular will be no end to litigation and the parties would be put to nonstop
date such intimation document is said to be summons of dilemma, harassment and expenses Def:- Res Judicata means a
matter finally decided on its merits by a court having competent
Witness.The summons of Witnesses can served for two purposes
jurisdiction and not subject to litigation again between the same
i.e. Either for giving his oral evidence or for final production of parties. According to Sec. 11 of C.P.C. , 1908 :- The doctrine of the
documents. Important Conditions:- in relation with summons of Res Judicata means the matter is already judged. It means that no
Defendant. 1.Summons shall be issued by the Court in which the court will have the power to try any fresh suit or issues which has
suit is pending before it for appearance of defendant and been already settled in the former suit between the same parties.
opportunity to answer the plaintiff's claim. 2. Summons may be 1- No man should be vexed twice for the same cause. 2- It is in the
served within within 30 days from institution of suit. 3. Every interest of state that there should be an end to a litigation. 3- A
judicial decision must be accepted as correct. Essentials:- 1- The
summons shall be signed by the presiding Judge or its officer with
matter must be directly and substantially in issue in two suits. 2-
seal of the court. 4.Copy of plaint should be accompanied with The prior suit must have been between the same parties or
summons. 5.The Summons to defendant must show its purpose of persons claiming under them. 3- Such parties must have litigated
issuance. Modes Of Service of Summons:- There are certain under the same title in the former suit. 4- The court which
modes of service of summons, The Court always endeavor to determined the earlier suit must be competent to try the latter
speedy trial but it also make sure that the reasonable opportunity suit ( Subject to be provisions contained in Explanation VIII) 5- The
must be given to the parties of the suit hence the summons to question directly and substantially in issue in the subsequent suit
should have been heard and finally decided in the earlier suit.
defendant can be served on any following modes: A)Summons
Constructive res judicata ( Explanation IV to Sec 11) “ Any matter
issued by the court personally to the Defendant or his agent:-It is which might and out to have been made ground on defense of
ordinary way to serve summons to the defendant, after institution attack in a former suit shall be deemed to have been a matter
of suit the court may issue summons to the defendant and such directly and substantially in issue in such suit” (Fatah singh vs.
summons shall be delivered by the officer of the court (Belief of Jagan nath AIR 1925) Explanation VII to Sec. 11 :- Res – judicata
court) to the Defendant personally or through his agent if any or in shall also apply to execution proceeding. (Ram Kripal Vs. Roop
absence of the defendant in his ordinary residence the summon Kumari Allahabad High Court) It specifically provides that the
provisions that the provisions of Section 11 Civil directly apply to
shall serve on his adult member of his family B) Service of
execution proceedings also.
Summons through Courier services:- (Order 5 Rule 9(4) Of CPC)
The High court of concerning territory shall make rules for such
services. The service of summons can be made through Register
Postal acknowledgement due or Speed post or courier services. It
is addition to the direct service of summons. C) Service of
summons by plaintiff (By Hand Service) (Order 5 Rule 9-A Of CPC):-
The court may allow service of summons through the plaintiff on
his application. Such service is valid service and rule of direct
service by Court is applicable to such mode of service of summons.
D) Service Of Summons By Substituted Service (Order 5 Rule 20 Of
CPC):- When the court is satisfied the Defendant keeping himself
away from service of summons in ordinary way the court shall
serve summons by following ways:1. Affixing Copy of summons tin
conscious part of the Court House. 2. Affixing Copy of summons tin
conscious part of the Defendants House. 3. Advertisement in local
newspaper where the defendant is ordinarily resides or carry on
business or work personally for gain. E) Service Of Summons
Through Electronic Message- (Order 5 Rule 9 (3) Of CPC):-It is
#WRITTEN STATEMENT: - A written statement may be filed by the decree by the court which passed the decree to another court, lay
defendant or by his duly authorized agent. In the case of more down conditions for such transfer and also deal with the powers of
than one defendants, the common written statement led by them executing court. Therefore, all this needs to be read together. A
must be signed by all of them. But it is sucient if it is veried by one decree may be execute by the court which passed it or by the
of them who is aware of the facts of the case and is in a position to court to which it is sent for execution. A court which has neither
le an adavit. But a written statement led by one defendant does passed a decree, nor a decree is transferred for execution, cannot
not bind other defendants. Time limit for ling written statement:A execute it. Where the court of first instance has ceased to exist or
written statement should be led within thirty days from the service ceased to have jurisdiction to execute the decree, the decree can
of the summons on him. The said period, however, can be be executed by court which at the time of making the execution
extended up to ninety days,(Rule -1). A defendant should present a application would have jurisdiction in the matter. Mode of
written statement of his defence in the said period. Defences in Execution:- A decree may be enforced by delivery of any property
written statement: In written statement defendant can specically specified in the decree, by attachment and sale or by sale without
deny the allegations made in the plaint by the plainti against him. attachment of the property, or by arrest and detention, or by
Besides this, he also can claim to set-o any sums of money payable appointing a receiver, or by effecting partition, or any such manner
by the plainti to him as a counter defense (Order 8 Rule 6). which the nature of relief requires. A) Arrest and Detention:- One
Further, if the defendant has any claim against the plainti relating of the modes of executing a decree is arrest and detention of the
to any matter in the issue raised in the plaint, then he can judgment-debtor in civil imprisonment. Where the decree is for
separately le a counter-claim along with his written statement. It is payment of money, it can be executed by arrest and detention of
provided in Order 8 Rule 6A to 6G of the code. Particulars: Rules 1- the judgment-debtor. A judgment-debtor may be arrested at any
5 and 7-10:- Drafting a written statement is an art so it should be time on any day in the execution of a decree. After this arrest, he
drafted carefully and artistically. Before proceeding to draft a must be brought before the court as soon as practicable. For the
written statement it is absolutely necessary for the defendant to purpose of making arrest, no dwelling house may be entered after
examine the plaint carefully. Special rules of defence: Rules 2 to 5 sunset or before sunrise. Further, no outer door of a dwelling
and 7 to 10:- 1) (Order 8 Rule 2) New facts, such as the suit is house may be broken open unless such dwelling house is in the
not maintainable, or that the transaction is either void or voidable occupancy of the judgment-debtor and he refuses or prevents
in law, and all such grounds of defence as, if not raised, would take access thereto. B) Attachment of Property:- A decree may also be
the plainti by surprise, or would raise issues of fact not arising out executed on the application of the decree-holder by attachment
of the plaint, such as fraud, limitation, release, payment, and sale the only sale without attachment of property. The code
performance or facts showing illegality, etc. must be raised. 2) The recognizes the right of the decree-holder to attach the property of
denial must be specie. It is not succinct for a defendant in his the judgment debtor in execution proceeding and lays down the
written statement to deny generally the grounds alleged by the procedure to effect attachment. Sections 60 to 64 and Rules 41 to
plainti, but he must deal specially with each allegation of fact 57 of Order 21 deals with the subject of attachment of property.
which he does not admit, except damages. 3) The denial should The code enumerates properties which are liable to be attached
not be vague or evasive. Where a defendant wants to deny any and sold in execution of a decree. It also specifies properties which
allegation of fact in the plaint, he must do so clearly, specially and are not liable to be attached or sold. It also prescribes the
explicitly and not evasively or generally. 4) Where every allegation procedure where the same property is attached in execution of
of fact in the plaint, if not denied specially or by necessary decrees by more than one court. The code also declares that a
implication, or stated to be not admitted except as against a private alienation of property after attachment is void. 3) Percept:-
person under disability. The court may, however, require proof of Section 46– precept means a command, an order, a writ or a
any such fact otherwise than by such admission. 5) Where the warrant. A percept is an order or direction given by court which
defendant relies upon several distinct grounds of defence or set-o passed the decree to a court which would be competent to
or counterclaim founded upon separate and distinct facts, they execute the decree to attach any property belonging to the
should be stated separately and distinctly. 6) No pleading after the judgment-debtor. Section 46 provides that court which passed a
written statement of the defendant other than by way of defense decree may, upon an application by the decree-holder, issue a
to set-o or counterclaim can be led. percept to that court within whose jurisdiction the property of the
judgment-debtor is lying to attach any property specified in the
#DECREES: - A decree is one of the most frequently heard terms in percept. 4) Garnishee Order:- It is the proceeding by which the
Civil Matters. The adjudication of a court of law is divided into decree-holder seeks to reach money or property of the judgment-
decree and orders. In this article, are going to discuss the decree. debtor in the hands of a third party 5)Sale of the Property:- A
The term “decree” has been defined under section 2(2) of the decree may be executed by attachment and sale or sale without
Code of Civil Procedure,1908. The decree is a formal expression of attachment of any property. Section 65 to 73 and Rules 64 to 94 of
adjudication by which the court determines the rights of parties Order 21 deals with the subject relating to the sale of movable and
regarding the matter in controversy or dispute. Essentials:- 1) immovable property. Power of court (Rule64-65): Rule 64: a court
There must be an adjudication. 2)The adjudication should be done may sell the property, which he has taken into custody under an
in a suit. 3) It must determine the rights of parties regarding the attachment under Order 60. Rule 65: appointment of officer by the
matter in dispute.4) The determination of the right should be of court who will be charged to sell the property. Officer will be the
conclusive nature. 5) There must be a formal expression of such representative of the court and will sell the property for execution
adjudication. Courts Which May Execute Decrees:- Section 38 of of decree. 6)Contents of the proclamation:- a) Time and place of
the Code says that a decree may be executed either by the court sale b) Property to be sold c) Revenue, if any, assessed upon the
which passed it or by the court to which it is sent for execution. property; d) Encumbrance, if any, to which property is liable;
Section 37 defines the phrase courts which passed a decree while e)Amount to be recovered; f) Details relating to property, such as
Sections 39 to 45 provide for the transfer for the execution of a title deed, length etc. 7)Stay of Execution:- Provisions for stay of
execution of a decree are made in Rule 26 of Order XI. This rule the Court finds that the issue of a case deals with any peculiar
lays down that the executing court shall, on sufficient cause being dispute which requires a scientific investigation and which cannot
shown and on the judgement-debtor furnishing security or be successfully conducted in the Court premises, the Court issues a
fulfilling such conditions, as may be imposed on him, stay
commission to investigate into the matter and inquires into the
execution of decree for a reasonable time to enable the judgment-
matter. 6)To sell property:- This is guided by Rule 10 - C of Order
debtor to apply to the court which has passed the decree or to the
appellate court for an order to stay execution. 8) Stay of Execution 26 of the Code of Civil Procedure, 1908.[18] The Court issues a
of Pending Suit: Rule 29:-Rule 29 provides for stay of execution commission when the Court requires selling a movable property
pending suit between the decree-holder and the judgment debtor. on which the Court has custody and on which a case is pending.
It enacts that where a suit by the judgment-debtor is pending in a The selling of the property becomes necessary if the property
court against the decree holder such court may, on the judgment cannot be properly preserved or if the court deems the selling
debtor furnishing security or otherwise as it thinks fit, stay
necessary in the interest of justice. The Commissioner is directed
execution of the decree until the disposal of such suit. The
underlying object of this provision is twofold, (i) to enable the to sell off the property and submit the report of the sale to the
judgment-debtor and the decree holder to adjust their claims Court. 7) For the performance of a ministerial act:- The statute
against each other; and (ii) to prevent multiplicity of execution guiding this is Rule 10-B of the Code of Civil Procedure, 1908.[19]
proceedings. The Court issues a Commission when a requirement of the
COMMISSIONS:- Issuing of Commission can be made by the Court performance of a ministerial act comes. Ministerial Acts
if it gets an application from the parties, stating the necessity for constitutes works like accounting, calculation and works of the
the same or sue - moto.[2] Section 75 to 78 of the Code of Civil same nature. The ministerial acts do not require the application of
Procedure, 1908 speaks about the discretionary power of the Civil judicial mind and if done by the Court, it would lead to wastage of
Courts and Order 26 to issue commission for the furtherance of Court’s precious time. The Court issues a commission who would
complete justice.[3] According to Section 75 of the Code of Civil perform all the ministerial acts as required and after completion
Procedure, 1908, the court may issue a commission for any of the the Commissioner shall provide the report to the Court. CAVEAT:-
following purposes: 1)Examination of witnesses:- Issuing of It often happens that a person anticipates a suit to be filed against
commission for the purpose of examination of witnesses is guided him or her and fears that a ruling might be pronounced in his/her
by Sections 76 to 78 and by Rules 1 - 8 of Order 26. Generally the absence which might affect him adversely. In such scenarios, the
examination of witnesses is done in an open court. The evidence of Code of Civil Procedure, 1908 (CPC) provides for filing of a Caveat
the witnesses is examined by cross - examination and recorded in by the person anticipating a suit against him or her. A) Sec. 148A -
the presence of all. However sometimes it may happen where the Right to lodge a caveat- (1) in a suit or proceeding instituted, or
witness may not be able to come and appear in the court. The about to be instituted, in a Court, any person claiming a right to
reasons for the inability to come to the Court must be reasonable appear before the Court on the hearing of such application may
2)Perform a local investigation:- This is covered by Rules 9 and 10 lodge a caveat in respect thereof. (2) the person by whom the
of Order 26 of the Code of Civil Procedure. Courts can issue caveat has been lodged shall serve a notice of the caveat by
commission where it finds that there is a need to: (i)To get a registered post, acknowledgement due, on the person by whom
proper clarity regarding a matter in dispute; (ii) To get a proper the application has been, or is expected to be, made, under sub-
valuation of the property in dispute if any, or if any damages or section (1). (3) any application is filed in any suit or proceeding, the
mesne profits is involved in the claim of a suit, then finding the Court, shall serve a notice of the application on the caveator. (4)
exact amount for the same. 3)Adjustment of accounts:- Rules 11 he shall forthwith furnish the caveator at the caveators expense,
and 12 of Order 26 of the Code of Civil Procedure, 1908 guide the with a copy of the application made by him and also with copies of
action of conducting an investigation by the Court by issuing a any paper or document which has been, or may be, filed by him in
commission to examine and for the adjustment of accounts. The support of the application. (5) such caveat shall not remain in force
Court issues gives necessary instructions to the commissioner and after the expiry of ninety days from the date on which it was
the reports provided by the Commissioner shall then be deemed lodged unless the application referred to in sub-section (1) has
to be evidence in the Court. 4) To do a partition:-This is guided by been made before the expiry of the said period. Objectives:- 1) It
Rules 13 and 14 of Order 26 of Code of Civil Procedure, 1908.[15] safeguards the interest of a caveator so that any ex parte decree
In this case, the Court issues a Commission when a preliminary can be avoided. 2) It seeks to avoid multiplicity of proceedings.
decree of partition of an immovable property has been passed by 3)By filing of a caveat, a caveator gets a fair chance of being heard.
the Court. The duty of the Commission is to make the partition Essentials:- 1)An application against the person filing the Caveat is
according to the guidelines provided by the decree. The expected to be made, or has been made, in a suit or proceeding
Commissioner then divides the property into the required number instituted, or about to be instituted, in a Court. 2) The caveator
of parts and then allots the shares to the parties. After partitioning shall serve a notice of the caveat by registered post,
and allotting the parts of the property to the rightful owners, the acknowledgement due, on the person by whom the application
Commissioner prepares a report and provides it to the Court. 5)To has been, or is expected to be, made. Process :- A) According to
hold investigation:- Rule 10 - A of Order 26 of the Code of Civil Section 148A (3) of CPC, where, after a caveat has been lodged,
Procedure, 1908 guides this cause of issuing a commission. When any application is filed in any suit or proceeding, the Court shall
serve a notice of the application on the caveator. B)Where a *RIVISION:- Revision means to go through something carefully,
notice of any caveat has been served on the applicant, he shall thoroughly and diligently. Cases can be revised by the High Court
forthwith furnish the caveator at the caveator’s expense, with a as it possesses revisional jurisdiction as defined under Section 115
copy of the application made by him and also with copies of any of the Code of Civil Procedure. The High Court has the right to
paper or document which has been, or may be, filed by him in revise cases decided by subordinate courts to ensure delivery of
support of the application. justice and maintenance of fairness. Nature, Scope and Object:-
The primary objective of a revisional authority of the High Court
#SUITS:- A suit is a proceeding by which an individual pursues that empowered by Section 115 is to ensure that no subordinate court
remedy which the law affords. It is a civil proceeding instituted by
acts arbitrarily, illegally, capriciously, irregularly or exceeds its
the presentation of a plaint. According to Section 2(1) of The
jurisdiction; and allows the High Court to guarantee the delivery of
Limitation Act, 1963, Suit does not include an appeal or an
application. Essentials of a Suit:- 1)The Opposing Parties: In every justice while ensuring that the proceedings are conducted in
suit there must be at least one plaintiff and one defendant. There accordance with the rule of law and furtherance of fairness. It
may be more than one plaintiff and more than one defendant must be noted that the judges of subordinate courts have the
where an act or transaction proceeds from two or more persons or absolute authority to decide on cases. They do not commit any
it affects two or more persons. 2) The Cause of Action:- Every suit “jurisdictional error” even when they wrongfully or extra-judicially
must contain the cause of action which refers to the cause or the
decide a case. The High Court has the power to revise these
set of circumstances which leads up to a suit.
It consists of every fact which is necessary to be proved to entitle jurisdictional errors committed by subordinate courts. This
the plaintiff to a decree. In Rajasthan High Court Advocates provides an opportunity to any aggrieved party to rectify a non-
Association v. Union of India & Ors. (2000), the SC held that the appealable order by a subordinate court. Who may file?:- The
term cause of action had a judicially established meaning. It refers application for revision can be filed by any aggrieved party once
to the conditions surrounding the violation of the right or the the case is decided, provided that there is no appeal against the
direct cause of the conduct. 3) The Subject Matter:- It is the right case presently. The High Court may then decide to revise the case
or property claimed in the suit. The court adjudicates upon the
if the proper cause is discovered such as extra-judicial activity or
right of the parties with regard to the subject matter in a dispute.
4) The Relief Claimed:- The relief claimed should be stated illegal and erroneous procedure practised by the subordinate
specifically in the plaint. It may be stated in the alternative also. court. The High Court may also exercise revisional jurisdiction suo
The relief claimed must be one which the Court is able to grant. moto under the Code of Civil Procedure. In the case of S.Muthu
When a person is entitled to more than one relief in respect of the Narayanan V. Paulraj Naicker, 2018, the revision petition is
same cause of action, he must sue for all reliefs. dismissed and the order passed previously is confirmed as the
revision petitioner has no right to challenge the executability of
#InterPleader Suit:- According to Halsbury's laws of England,
the decree. Conditions for Revision :- The conditions when the
"Where a person is under liability in respect of a debt or in respect
of any money, goods or chattels, and he is or expects to be sued High Court can exercise its revisional jurisdiction is laid down in
for or in respect of the debt or money or those goods or chattels, Section 115 of the Code of Civil Procedure. All these conditions
by two or more persons making adverse claims thereto, he may must be met for the High Court to exercise its revisional
apply to the court for relief by way of interpleader. Object :- The jurisdiction Conversion of Revision into Appeal:- The nature and
primary goal of initiating an interpleader suit is to have opposing scope of revisional jurisdiction is different from appellate
defendants; assertions adjudicated. It is a procedure in which the jurisdiction. If an order impugned is revisable, it cannot be
plaintiff summons the opposing claimants to appear in court and
converted into an appeal if there is no presentation of appeal in
have heir claims heard. Conditions Section 88:- This section talks
about the essentials or conditions to file an interpleader suit. The the eyes of law; as seen in the case of Munshi Singh v. Tula Ram
below mentioned essentials must be met in order to file an (1980 MPLJ SN 61). The second appeal cannot be converted into
interpleader suit: Firstly, there has to be some liability, amount of revision in exercise of discretion, as seen in the case of T.K.
the money, or other movable or immovable property in conflict; Ramanujam Pillai v. Subramaniam (AIR 1967 Mad 298). If the
Secondly, two or more individuals must be trying to claim it revision is not maintainable, the petitioner can file appeal
detrimentally to one another; Thirdly, the plaintiff doesn't really
explaining the delay by filing an application under Section 14 of the
claim any interest in it except the expenses or cost, and is willing
Limitation Act along with memo of appeal, as seen in the case of
to pay or give it to the right claimant; Fourthly, there shouldn't be
any ongoing suit wherein the rival claimant's right can be enforced. Om Prakash V. Dwarka Prasad, 2004. Law commission’s view on
Case Law:- In Asaan Ali v. Sarada Charan Kastagir, the Calcutta HC Revision:- The Law Commission states that the following should be
held that for a suit to be an interpleader suit, the applicant must kept in mind while exercising the revisional powers of the High
be ready to give over the property to the claimant and have no Court:1) The ruling of the Court is absolute unless the party to
financial interest in it; nevertheless, if the applicant has a financial whom it applies can show cause why it should not apply. This is
interst in the litigation, the suit will be dismissed once the Rule Nisi and should not be issued except under careful and strict
plaintiff's financial interest in the subject matter is discovered. scrutiny. 2) The record of the subordinate court should not be
called for where no stay in granted. And where it is necessarily
required copies are to be produced.
*SUMMARY SUIT/PROCEDURE:- Order 37of the Code of Civil *Death, Marriage and Insolvency of parties:- Death, marriage and
Procedure, 1908, provides for a summary suit or summary insolvency of parties, these are three different concepts. These are
procedure for negotiable instruments. A summary suit is a special mentioned and discussed under the Civil Procedure Code, 1908.
and fast way of exercising a claim in an efficient way because, in What happens in cases of death, marriage and insolvency of
this procedure, judges pronounce decisions without listening to parties all this is discussed under their relevant headers. There are
the defence. Though this appears to be a violation of the basic different provisions for each of these three cases. One general rule
principle of natural justice, ‘audi alteram partem’, that no one in cases of death says that the suit shall not be gone with the
should be convicted without a hearing, this method is only applied death of any one party. 1) Death of party:- The procedure for
in circumstances in which the defendant has no defence. Nature & creating an assignment and devolution of interests is very
Scope:- Order 37 of the CPC establishes the summary procedure. exhaustive and it is defined under the Order XXII of the Code of
The order was created by keeping in mind some specific suits in Civil Procedure, 1908. The procedure prescribed under Order XXII
order to avoid the undue hindrance imposed by the defendant, of this code shall be applied and considered to meet the ends of
who has no defence. In contrast to other civil claims, the trials in justice. 2) Death of plaintiff:- Order XXII of the Code of Civil
summary procedure begin after the judge grants leave to the Procedure, 1908 talks about the provision that what happens
defendant to challenge the case. The judge dealing with summary when there is a death of plaintiff. Rule 2 of Order XXII of the CPC
suits can pass judgement in favour of the plaintiff if: 1) The says that “ Procedure where one of several plaintiffs or defendants
defendant has not tried to apply for leave to defend, or if such a dies and right to sue survives- Where there are more plaintiffs or
request has been made but rejected, or 2) The defendant who is defendants than one, and any of them dies, and where the right to
allowed to defend fails to abide by the terms and conditions upon sue survives to the surviving plaintiff or plaintiffs alone, or against
which leave to defend has been conferred. Object:- The goal of the surviving defendant or defendants alone, the Court shall cause
summary proceedings is to eliminate undue interference by an entry to the effect to be made on the record, and the suit shall
defendants who don’t have a defence and to aid in the rapid proceed at the instance of the surviving plaintiff or plaintiffs, or
disposition of cases. The provision was maintained to guarantee against the surviving defendant or defendants.” 3) Death of
that the defendant does not unduly extend litigation and hinder defendant:- Order XXII of the Code of Civil Procedure, 1908 talks
the plaintiff from getting a judgement by asserting unsustainable about the provision that what happens when there is a death of
and ridiculous defences in a type of matter where quick decisions defendant. Rule 4 of Order XXII of the CPC says that “Procedure in
are essential for the benefit of economic transactions. Case Law:- case of death of one of several defendants or of sole defendant-
In Navinchandra Babulal Bhavsar v. Bachubhai Dhanabhai Shah Where one of two or more defendants dies and the right to sue
(1967), the Gujarat High Court outlined the objective of summary does not survive against the surviving defendant or defendants
suits. The Court stated that the sole objective of implementing the alone, or a sole defendant or sole surviving defendant dies and the
summary procedure is to give motivation to businesses and right to sue survives, the Court, on an application made in that
industry by inspiring confidence in the industrial community that behalf, shall cause the legal representative of the deceased
their reasons with regard to financial claims of liquidating sums defendant to be made a party and shall proceed with the
(ascertained amount) would have been speedily determined and suit.4)Marriage of party:- A marriage of a party does not have any
that their claims would not stay on for decades, preventing their substantial effect on the suit but there is an exception to it. A case
money for a long period. Procedure:- 1)The plaintiff files a or a situation in which a decree has been executed against a
complaint. 2) Summons are given to the defendant to be present female who is married, the decree shall be executed against her
in court. Summons must include the sum of money that is claimed only. It has been mentioned under Rule 7 of Order XXII of CPC that
in the litigation as well as a copy of the plaint. 3) The defendant a decree which is in favour or against a wife, where the husband is
must appear within 10 days of receiving the summons. 4) If the legally entitled to the subject matter of the decree or if he is liable
defendant fails to attend, the claim is presumed acknowledged, for the debt of his wife may, with the explicit permission of the
and the plaintiff is entitled to a decision in an amount not court, it should be executed by or against him. 5) Insolvency of
exceeding the sum specified in the summons. 5) If the defendant party:- Insolvency of the party is defined and discussed under Rule
appears within 10 days, he must provide notice of his attendance XXII of the Code of Civil Procedure, 1908. Rule 8 of Order XXII says:
to the plaintiff’s counsel or to the plaintiff himself, and he must Where a plaintiff becomes insolvent and a receiver or assignee
also submit in court an address for service of notices on him. may want to maintain the suit for the benefit of the creditors of
6)After receiving the defendant’s notification of presence, the the plaintiff, the suit should not abate except in cases where the
plaintiff issues him with a summons for judgement. 7) The assignee or the receiver declines to continue the suit, or in certain
defendant should ask for permission to defend within 10 days of cases in which the court itself directs the assignee or receiver to
receiving the summons, and such permission will be given only if pay the security for costs and the assignee or receiver declines to
the defendant’s declaration reveals information that the court neglects to pay the same.
thinks is adequate to allow him to defend.
V *APPEAL:- The concept of ‘appeal’ is not explicitly defined in crucial factual question, the appellate Court can frame those issues
the CPC. According to the Black’s Law Dictionary, ‘appeal’ is the and refer them for trial to the lower Court. The lower Court is
formal complaint made to a higher court to rectify an injustice or directed to take the additional evidence required to properly
error committed by a lower court. Essentials:-An appeal under CPC determine the case. 4) Power to take additional evidence (Section
is a legal process in which a higher forum reviews the decision of a 107(1)(d), Rules 27-29):-Generally, the appellate Court decides the
lower forum on both legal and factual grounds. The higher forum appeal in CPC based on the evidence presented during the original
has the jurisdiction to either uphold, reverse, modify the decision, trial. However, the Court may admit additional evidence if the
or send the case back to the lower forum for a fresh decision, party requesting it demonstrates that this evidence was not
following the directions given by the higher forum. The three available during the initial trial despite their best efforts. The other
essential elements of appealing cases can be summarized as party must have an opportunity to challenge the additional
follows: 1) A decree issued by a judicial or administrative authority. evidence, which should be relevant to the issues under
2) An aggrieved individual who may not have been a party to the consideration. 5) Power to modify the decree (Rule 33) :- The
original proceeding. 3) A reviewing body was established appellate Court is empowered to grant or refuse relief to the
specifically to handle such appeals in CPC. Right to Appeal: right to appellant and provide suitable relief to the respondents as
appeal is both statutory and substantive. It is a statutory right necessary. The Court can make any decision it deems appropriate,
because it must be specifically granted by a statute and establish not just between the appellant and the respondent but also
the appellate machinery. Unlike the inherent right to institute a between two respondents. Case Law:- n the case of Bahori v.
lawsuit, the right to appeal is provided by law. Additionally, the Vidya Ram, it was established that since there is no specific
right to appeal is substantive, meaning that it must be exercised provision under the CPC for the conversion of an appeal into a
prospectively unless the statute states otherwise. However, revision or vice versa, the Court can only exercise its power under
parties may waive this right through an agreement, and accepting Section 151. Though discretionary, the Court’s inherent powers
benefits under a decree may stop a party from challenging its allow it to issue orders necessary to meet the ends of justice. The
validity. It’s important to note that the right to appeal is only prerequisite for such conversion is that proper procedures are
determined based on the law as it exists at the time of the original followed during the filing of the original appeal or revision under
suit. Who Can File an Appeal?:- The right to appeal in CPC is the Civil Procedure Code.
available to specific categories of individuals: • Any party to the
original proceeding or their legal representatives. • Any person
claiming under such a party or a transferee of interests from such a
party. • Any person appointed by the Court as the legal guardian
of a minor. • Any other aggrieved person, with the Court’s
permission. The general rule is that only a party to a suit who has
been adversely affected by the decree or their representatives can
file an appeal in CPC. However, with the Court’s leave, a person
not originally involved in the case may also appeal if they are
bound by the decree, aggrieved by it, or maliciously influenced by
it. To determine if a party is aggrieved, it must be shown that the
judgment has unjustly affected their rights, whether financially or
otherwise. A judgment cannot be said to adversely impact a party
unless it acts as res judicata against them in future litigation. The
content of the judgment and decree, rather than the form, should
be evaluated to determine if it will have this effect. Powers of
Appellate Court under CPC:- The appellate Court is granted several
powers under Section 107 and the corresponding rules of Order 41
of the Code of Civil Procedure: 1) Power to decide a case finally
(Section 107(l)(a) and Rule 24):- When the evidence on record is
sufficient, the appellate Court can make a final decision on the
case, even if the judgment of the lower Court was based on
different grounds. 2)Power of remand (Section 107(1)(b) and Rule
23):-If the trial court decides the case on a preliminary point
without considering other issues, and the appellate Court reverses
that decree, it can remand the case back to the trial court to
decide the remaining issues and reach a decision. 3)Power to
frame issues and refer them for trial (Section 107(1)(c), Rules 25
and 26):- If the trial court fails to frame an issue or overlooks a