cpc

Question no 1:

what is the law with regard to the territorial jurisdiction of civil court in matters
relalting to moveable and immoveable prroperty?

1. introduction
2. relevent provision 16, to 21
3. meaing of territorial jurisdiction
4. definition of territorial jurisdiction
5. Suits for Immoveable Property u/s 16

6. Suits Involving Multiple Jurisdictions u/s17

7. Uncertain Jurisdiction u/s 18

8. Suits for Moveable Property u/s 19

9. General Rule of Filing Suits u/s 20

10. execption rule u/21

11. case law

12. conclusion

Question:2

Difference bweeetn cosat and compensatory cost ?

Introduction
meaing linka hy link khzer kay pass hy book .

Costs in the context of the Code of Civil Procedure (CPC) refer to the expenses and charges associated
with the legal proceedings.

These may include court fees, charges for legal representation, expenses for witnesses, and any other
costs incurred during the litigation process.
The CPC empowers the court to determine the allocation of costs, decide who should bear them, and
provide directions for their recovery.

Section 35 and 35-A of the CPC deals with costs and its types.

Relevent provision
Section 35 deals with cost and Section 35A deals with compensatory cost under code of civil procedure
1908

Definition of cost
In legal terms, "costs" refer to the expenses incurred by a party during litigation. These costs could
include court fees, lawyer's fees, and other related expenses.

concept of cost
The court has the power to decide who should pay the legal expenses in a case. Usually, the loser pays
the costs of the winner, but the court can choose differently based on the situation.

example of cost
Imagine you file a lawsuit against someone for damages caused by a breach of contract. You hire a
lawyer, pay court fees, and spend time and resources on the case. If you win the case, the court might
order the defendant (the losing party) to pay your costs, such as the legal fees and court expenses. This
means that the defendant will have to reimburse you for the money you spent on the lawsuit.

Definition of compensatory cost

Compensatory costs are additional costs that the court can order one party to pay to the other, as a form
of compensation. These costs are awarded when the court believes that a party has made false or
frivolous claims or defenses in a case.

concept of compensatory cost

The court can order one party to pay extra costs to the other party if it finds that false or frivolous claims
were made. This is to discourage baseless claims and to compensate the wronged party for the trouble
and expenses they incurred.

example of compensatory cost

Imagine you are involved in a lawsuit where the other party makes false claims against you. They have no
real evidence and are just trying to waste your time and resources. If the court finds that their claims
were indeed false and frivolous, it can order them to pay you compensatory costs. This means they will
have to pay you extra money, on top of the regular costs, as a form of compensation for the trouble they
caused you.

Difference of cost and compenstory cost

 cost compensatory cost
1. As to relevent . cpc 35A deal with this section
cpc section 35 deal that
2. as to nature . relats to compensatory cost
relates to actual cost
3.as to discretion court. in compensatory cost high court has the
the actual cost,court has the competent discreation power to limit the cost to be awarded.
to award cost .
4. as to award . compensatory cost can be awarded in the suit
actual cost can only be awarded in the suit . or any proceeding even in the execution
proceeding .
5.as to jurisdiction. a court can not go beyound its pecuniary
court can be award cost even it has no jurisdiction . jurisdiction/limit .
6.as to reasons. court will record its reasons if not awarded
court will record its reasons for not awarding the compensatory cost.
actual cost .
7.as to interest. no such provision is present for the
interst may be given on actual cost . compensatory cost.
8.as to scope . the scope is wider / except appeal.
the scope is narrow .
9.extent of courts. the maximum compensatory cost that can be
there is no such limits for actual cost . awarded up to 1 lack
10.claims or defence claim or defence must be false or vexatious.
claim or defence need not to be false or vexcatius
11.appeal orders section 35A are appealable orders and
where direction to cost are a part of non appeal able an appeal is competent against such orders /
orders ,no appeal lies gainst it/those orders which only order 43 is appealble.
are not in order 43 are not appealable . or
or compensatory cost section 35A
cost section 35 determinations or generly non determinations can be appealed.
appealable .
12. as to limit compensatory cost limit is define under
actual cost is limits does not define section 35A.
13 by whom paid . compensatory cost always paid by the parties
cost may be apportioned between apposing parties responsible for false or vexatious claims
/defenses.

Q.no3
what are the various modes of serving of summon to the
defendant?
1. introduction .
2. relevent provision.27/cross refence 1,10to20
3. definition of summon .
 4. summon to defendant u/s 27
5. modes of service of summon .
• 1.personal service
condition of personal service
• 2. postal service
effect of postal service
• 3.service by affixation oder 5 rule 17
grounds of affixationservice
• 4.subtituted service order 5 rule 20 sub
manner of subtitued service
6. time for apperance
7.case law only name
8.conclusion

Qno.4

what are the procedure adopted by the court to call upon

a witness in civil cases?
1. introduction .
2. relevent provision. order16
3. definition of summon .
4. summon to witness u/s 31,32,
5. modes of summoning to witness
i. summonig by the party
• at the timing of filing of plaint
• after the framing of issue
ii.summoing by court
• summon
 • warrant
6.case law name
7.conclusion
Q.5

can matters relating to the executing /execution of a decree be

settled through a separate suit ,discus in the back ground of
the powers of executing court?
1.introduction
2.relevent provision
definition executing decree
4."Executing Court's Key Questions"u/s 47
5.condition for the application of section 47.
6.bar to a seperate suit section 47.
7.power of executing court
i. excuting to force
ii. interpretation of decree
iii. power of conversion
iv. to enforce execution
v. modification of decree
vi. transfer of decree
vii. to examine the decree
viii. stay on execution
ix. correction of decree
x. awarding cost and intersts
xi. awarding cost in installments
xii. aresst of the judement debtor
xiii. sale of property of judgement debtor
 xiv. providing relief to judgement debtor
xv.summon witnese
xvi. appoint rececivers
xvii. re examine evidence
xviii. issue the warrant
xix. order to position
xx.question as to limition
xxi. isue order
xxii. enforce cost
8.limition period
9.appeal
case law
10.conclusion

Q.NO 6
Can a suit be filed against the government wih out a notice ,if so what
are its implications?
1. Introduction

2. Relevent provision
79 to 82

3. nameing party in goverment in lawsuits u/s 79

4. institution of suit with notice u/s 80/ cluse 1

• pre-litigation notice

• {recipient of notice *}

• contents of notice

• a statement in the plaint

5.institution of lawsuit with out notice u/s 80/2

6.exemption from arrest and personal appearance u/s 81

7.{execution of decree u/s 82}

1. case law

2. conclusion

Q.NO .7

Appeal ?

1st appeal

1. Introduction

2. Relevent provision

3. meaing of appeal

4. defiition of 1st appeal

5. continuation of suit

6. kinds of appeal

7. 1st appeal /2nd appeal

8. who may file 1st appeal

9. fourm of 1st appeal

10. limition peroid

11. grounds of 1st appeal

error of law

error of fact

procedure irregularity

jurisdictional issues
Fraud or misrepresention

12.case law

13.conclusion

2nd appeal

1. Introduction

2. Relevent provision

3. meaing of appeal

4. defiition of 2nd appeal

5. concept of 2nd file

6. fourm of 2nd appeal

7. limition period of 2nd appeal

8. grounds of 2nd appeal

unlawful decision

unlawful interpretation of law

flaw in procedure

9.case law

10.conclusion

Questition:9
difference Between 1st and 2nd appeal

1st apeal 2nd appeal

1.As to relevant provision. As to relevant provision.
Section 96 to 99 ,and order 41 Deal with the 1st Section 100 to 103 order 42 deal with the 2nd
appeal. appeal .
2nd appeal.

2.As to forum. As to forum.

1st appeal lie to the district court or high court. But 2nd appeal may lie to the high court.
3.Ground's of appeal. Ground's of appeal.
1st appeal may lie on the question of law or 2nd appeal only lie on the question of law
question of fact or mixed question Of law and
question of fact.

4.As to limition period. As to limition period.

1st appeal. 2nd appeal.
The limitation period for frist appeal is 30 days The limitation period for 2nd appeal is 90
days.
5.As to scope. As to scope.
1st appeal. 2nd appeal.
1st appeal has wider in scope. 2nd appeal has narrow in scope.

6.As to original decree. As to original decree.

1st appeal. 2nd appeal.
1st appeal always file aginst the original decree 2nd appeal always file aginst the appealte
decree.
7.Bard to 2nd appeal. Bard to 2nd appeal.
1st appeal. 2nd appeal.
No concept of barred is available in Frist appeal If the value of the subject matters of the suit
does not exceed 25 million ruppee then, no
second appeal lies .
8.As to dispossal of appeal. As to dispossal of appeal.
1st appeal. 2nd appeal.
1st appeal may be disposed decided of with in 100 No time limittion for disposal of 2nd appeal is
days from the Frist appearance of respondent available in CPC
9. Effect of error. 9. Effect of error.
1st appeal. 2nd appeal.
The decree or order may be modified or reverse if No decree or order to be reversed in 2nd
the material error or irregularity occurred under appeal.
section 99 of CPC.