CIVIL PROCEDURE CODE -1908 LLB-III , SEM-V

CIVIL
PROCEDURE
CODE-1908

CIVIL PROCEDURE CODE 1908

Short Notes
1) Framing of issue.(2) 2)
Return of plaint.
3) Inherent power of court.
4) Arrest before judgement.
5) Interlocutory order.
6) Receiver.
7) Consent decree.
8) Continuous running of time.
9) Bar of limitation.
10) Extension of period of limitation.
11) Necessary party.
12) Notice under Section 80 of CPC.
13) Interrogatories.
14) Effect of part payment.

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Long answers
Module 1

1) Define an explain ‘Res judicata and distinguish race judicata and rest subjudice.
What is a former suite.(2)
2) State the effect of death, marriage or insolvency of a party to a civil suit. (2)
3) “Every suit shall be instituted in the court of the lowest grade competent to try
it.”Comment.
Module 2
4) Define pleading and state the objects and fundamental principles regarding
pleadings. Explain essential requisites of pleading and describe the manner of
amending the pleading. (2)
5) Define ‘summons’. What are the different modes and procedure regarding serving
of summons under civil procedure code. What are the recent amendments to the
rules. (2)
6) What is meant by written statement? What are the rules of defence considered
while filing of written statement? What is the effect of non filing any return
statement. (2)
7) What is meant by a Plaint’? On what ground the court permit the amendment of
plaint.
Module3
8) Explain as to when a court may issue a commission for the examination?
9) Explain the rules of procedure as regarding withdrawal or compromise of Suits.
Module 4
10) Discuss in detail how a receiver is appointed? What are his rights and duties?
11) Define ‘Injunction. Explain the grounds and principles to grant a temporary
Injunction.
Module 5
12) What properties are liable to attachment and sale in execution of a decree? State
the exceptions, if any.
13) When do the execution proceedings begin and what is the procedure for Execution
of decrees?
Module 6
14) Define Inter-pleader Suit. Explain the conditions and procedure relating to an
interpleader suit.

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Module 7
15) State the provisions regarding reference, revision and review .State the grounds for
Revision. Who can apply for Revision and under what circumstances’?(2)
16) Under what circumstances can a Civil Court make 'Reference' to the High Court
regarding any question of law arising in the cases.
Module 8
17) Explain the concept of limitation, and explain the salient features of the Indian
limitation Act 1963.
18) What is legal disability? State the protection provided under the limitation Act to
persons suffering from legal disability and its extent.
mix
19) Explain how the object to expedite the disposal of civil suit in proceeding so that
justice may not be delayed' is achieved by amendment in C.P.C. 1908w.e.f. 1-
72002.
20) “Law comes to the assistance of the vigilant, not of the sleepy.”-Discuss.
21) Explain condonation of dealy and state the circumstances under which it can be
made by court.

Short Notes
Q.1) Framing of Issues (ORDER-14 R. 1) .
1) Introduction
 Issues arise when a material proposition of fact or law is affirmed by one party
and denied by the other.R1(1)
 Material propositions are those propositions of law or fact which a plaintiff
must allege in order to show a right to sue or a defendant must allege in order
to constitute his defence.R1(2)
 Each material proposition affirmed by one party and denied by the other shall
form the subject matter of a distinct issue.R1(3)

2) KINDS OF ISSUES: ( RULES 1-2)

Rule 1(4) enacts that issues are of two kinds:
(a) issues of fact; and
(b) issues of law.
 Issues, however, may be mixed issues of fact and law.

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 Rule 2(1) of Order-14 provides that where issues both of law and fact arise in the
same suit, notwithstanding that a case may be disposed of on a preliminary issue,
the court should pronounce judgment on all issues.
 But if the court is of the opinion that the case or any part thereof may be disposed
of on an issue of law only, it may try that issue first, if that issue relates to
(i) the jurisdiction of the court; or
(ii) a bar to the suit created by any law for the time being in force. For
that purpose, the court may, if it thinks fit, postpone the settlement of the other
issues until the issues of law have been decided. Rule 2(2)

3) IMPORTANCE OF ISSUES
 Issues are the backbone of a suit.
 The framing of issues, therefore, has a very important bearing on the trial and
decision of a case.
 Firstly, it is the issues framed and not the pleadings that guide the parties in the
matter of leading evidence.
 Secondly, the court cannot refuse to decide the point on which an issue has
been framed and evidence led by the parties, even if the point involved is not
mentioned in the pleadings.
 Thirdly, the court should not frame an issue which does not arise in the
pleadings.
 Fourthly, the issues must be confined to the material questions of fact or law
(facta probanda) and not on subordinate facts or evidence by which material
questions of fact or law are proved or disproved (facta probantia).
 Fifthly, one issue should cover only one fact or law in dispute between the
parties.
 Finally, if the case goes in appeal, it must be dealt with by the appellate court
on the issues settled for trial.
 After the amendment in the Code in 1976, all issues should normally be tried
at the suit and decided at one and the same time.
 It is, therefore, essential to the right decision of a case that appropriate issues
should be framed.

4) Court's Power And Duty as to Issues

RULE-5(1)
 The duty to frame proper issues rests primarily on the court.

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 The judge must apply his mind and understand the facts of the case before
framing issues. But the pleaders appearing for both the parties also should
assist the court in framing issues.
 If proper issues are not framed, the parties may move the court to get the
proper issues framed.
 Issues must be specific and clear and not vague or evasive.
 The court may examine witnesses or inspect documents before framing issues,
to amend the issues, to frame additional issues or to strike out issues that may
appear to it to be wrongly framed.R.4-5
 Where the parties to a suit agree as to the question of fact or law to be decided
between them, they may, by agreement state the same in the form of an
issue.(RULE-6)
 If the court is satisfied that the agreement is executed in good faith, it may
pronounce the judgment on such issue according to the terms of the
agreement.(RULE-7

Q. 2) Return of plaint (Written by Rachana Bhandari )

1) Introduction:
 Order No 7 plays a crucial role in the conduct of civil suits brought before the
courts of India.
 In addition, Rules No 10 of Order No 7, which form an integral part of the
procedural structure of the CPC, provide essential guidelines and guarantees for
the conduct of the litigation.
2) Return of the Plaint ( Order 7 and Rule 10) :
 CPC states that the plaint must be returned to the court where the suit should have
been filed at any stage. Once the court has heard and determined a dispute based
on the monetary worth of the matter, it does not have jurisdiction to dismiss the
suit but must return the suit to the appropriate court.
 The returned suit will begin anew when it is filed in the appropriate court. A
newly filed suit in the appropriate court is not a continuation of the suit filed in the
incorrect court.
 According to order VII, Rule 10: subject to the provisions of Rule 10A, the plaint
shall at any stage of the suit be returned to be presented to the Court in which the
suit should have been instituted.
 The grounds on which the court will resent the plaint are as follows:

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(a) the court does not have jurisdiction; and

(b) there is a well-founded claim that the court does have jurisdiction.
3) Procedure on Returning a Plaint ( Order VII Rule 10 (2) -  The process for
returning the plaint is dependent on two factors:
a) If the court determines that it has no jurisdiction to hear the case and the defendant
has appeared in court after which the court determines that the court must return the
plaint for lack of jurisdiction
b) In the present case, the order requires the court to confirm the following
information on the plaint:
 The date on which the plaintiff originally filed the complaint,
 The date on which the court is returning the complaint,
 The cause title, which is the information about the party that submitted the
complaint and,
 The reasons why the court returned the complaint.
4) Conclusion
 In conclusion, Order 7, along with Rules 10 of the Civil Procedure Code (CPC),
play an essential role in civil litigation in India. They provide a framework for the
formulation of clear and complete plaints and written declarations, which
contribute to the fairness and effectiveness of the court system. These provisions
highlight the need for transparency, specificity and accuracy in the presentation
and response to civil claims, which ultimately serve the interests of justice within
the Indian legal system.

Q.3) Inherent Powers of Court

Ans: Synopsis (Written by Divya Kothari)
1) Introduction and Meaning
2)What are Inherent Powers Of Court
3) Provision for Inherent Powers of Court (S.149 to 153A)
4)Saving of Inherent Power Of Court (S.151)
5) Conclusion

1) Introduction & Meaning

 Inherent power is part of the law and it includes everything a court can do.

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 Sections 148 to 153-B of the Civil Procedure Code, 1908 talk about these inherent
powers, but they only apply to courts, not other authorities.
 The word “Inherent” means something that is natural or always connected to
something else.
 They can be used when there are no specific rules in the Code to handle a situation
and they are used to make sure things are fair and just.

2)what are inherent powers of court under cpc

 The inherent powers of court refer to the abilities that the court possesses, even
though they are not explicitly mentioned in the Code of Civil Procedure.
 -Courts are granted additional powers to address specific emerging situations or
prevent misuse of the legal process.
 It’s important to note that these powers cannot be used in a way that contradicts or
ignores the existing laws.
3) provision for inherent powers of court
 The law concerning the inherent powers of Court can be found in Section 148 to
Section 153A of the Civil Procedure Code.
 Here’s a breakdown of the provisions related to the inherent powers of the courts:
Section 148 and Section 149: These sections deal with the granting or extension of time.
Section 150: This section addresses the transfer of business from one court to another.
Section 151: Section 151 safeguards the inherent powers of the courts.
Section 152, 153 and Section 153A: These sections cover the modification of
judgments, decrees, or orders, as well as separate proceedings.
4) saving of inherent powers of court (S.151)–
 Nothing in this Code shall be deemed to limit or otherwise affect the inherent
power of the Court to make such orders as may be necessary for the ends of
justice,or to prevent abuse of the process of the Court.
 The Inherent Powers of the Court are in addition to the powers specifically
conferred on the Court by the Code.
 The Inherent Powers of The Court u/s 151 can be exercised,as the section itself
indicates,only
(1) For the ends of justice – Following two rules to ‘End of justice’ may be noted – (i) It
is end of justice that an injury should be remedied and needless expense and
inconvenience to parties avoided.Thus,a Court will remedy obvious injustice by refund of
Court -fee levied.

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(ii) It will not be in the ends of justice to exercise inherent powers of it would interfere
with the rights of third parties or cause mischief or injustice.
(2)To Prevent The Abuse Of The Process Of The Court
 The Court has no power, under this section to override the express provision of the
law.
 Thus, no appeal can be allowed from a non-appealabe order by invoking the aid of
this section.
 Similarly ,a Court cannot under its inherent powers, refuse to be bound by the
periods of limitation prescribed by the Limitation Act.
5) Conclusion
 The inherent power has not been conferred upon the court;it is a Power inherent in
the court by virtue of its duty to do justice between parties before it.
 Thus,this power is necessary in the interest of justice.

Q.4) Arrest before judgement. (Written by Aishwarya Kale )

 Under rules 1-4 of the order 21 of the code provision has been made for the
arrange before judgement Demand for security and procedure when become
successful in giving security
 the defendant with intend to delay the planti to avoid any process of the court to
obstruct or to delay the execution of any degree that may be passed against him
 His property or any part there of has disposed of a remote from the local limits of
the jurisdiction of the court
 The defendant is about to live India Court may issue a Warren to arrange the
defendant and bring him before the court to show cause why he should not furnish
security for his appearance
 The defendant shall not have well be arrested if he pays to the officer any some
specified in the warrants sufficient to satisfy the plaintiff claim

Q.5) Interlocutory order. .Ans:

1) Interlocutory order (O39 , R 6-R10 )
 Interlocutory orders are also somewhat similar to temporary injunctions.
Interlocutory order only settles intervening matter relating to the cause. Such
orders are made to secure some end and purpose necessary and essential to the
progress of case and generally collateral to the issues to be settled by the court in
the final judgment. These orders are also of different natures, such as:

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• Interim Sale : Interim sale of any movable property may be ordered,

if it is subject to natural decay, such as vegetable etc.
• Detention Preservation , Inspection, etc of subject matter of suit
2)The court may order for:
1.detention, preservation or inspection of property or documents.
2.Authorize any person to enter into any land or building, which is in the
possession of other party, for the purposes of detention, preservation or inspection
etc.
3.To authorize any person to take samples.
 Deposit of Money: If the subject matter of suit is money, or movable
 Property, the court may order the person holding the money in dispute to be
deposited in the court.
 Order of " Res judicata "( Some issue cannot be raised, once decided) ( sec 10 &
11)
 "Res Judicata" means an issue, which has already been decided by the court, in a
previous case, cannot be raised again in a subsequent case.
 If such an issue, which is raised again, is substantial and material ina case, then the
court may dismiss the whole case out rightly, before final hearing
3) Appeals against interlocutory orders
Generally speaking, no appeal lies against an interlocutory order, but certain
interlocutory orders can still be challenged in appeal against decree on the ground that
such orders are of such character as would alter the decision of the court on merits
and hence, can be challenged.

Q.6) Receiver . Ans:

1) Introduction
 The main function of the Courts is to protect the legal rights of the individuals in
the society. If the right of an individual has already been infringed, he can get his
right restored by filing a suit in a court of competent jurisdiction.
 When his right is threatened to be infringed, it can be prevented through an order
of the court viz. injunction, appointment of Receiver etc.
 According to Rule 5, a collector may be appointed as a receiver where the
property is land paying revenue to the Government, or land of which the revenue
has been assigned or redeemed, and the court considers that the interests of those
concerned will be promoted by the management of the Collector, the court may,

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with the consent of the Collector, appoint him to be receiver of such property 2)
Receiver: Meaning & Definition:
 "The receiver is an important person appointed by the Court to collect and receive,
pending the proceedings, the rents, issues and profits of land, or personal estate,
which it does not seem reasonable to the Court that either party should collect or
receive, or for enabling the same to be distributed among the persons entitled."

3) Appointment of Receiver :
 In order to prevent the ends of justice from being defeated the Court may, if it is
so prescribed, appoint a receiver of any property and enforce the performance of
his duties by attaching and selling his property.
 The remuneration for the services of the receiver shall be paid by the order of
Court.
4) Power of Receiver (40, Rule 1(1)(d)) :
 A receiver is an officer or representative of the Court.
i) To institute and defend suits.
ii) To realize, manage, protect, preserve and improve the
property. iii) To collect, apply and dispose of the rents and profits.
iv) To execute documents, and
v) Such other powers as it (Court) thinks fit.

6) Liabilities of the Receiver:

 To submit the reports as specified by the court or,
 To pay the amount due from him as directed by the court
 If the receiver fails to discharge his duties properly, the court may attach his
properties to make good to the parties interested.
 If he is guilty of negligence or willful default, the court may attach his property to
indemnify the loss to that effect.
 He is also liable to deliver the properties at his disposal at the order of the court.

Q. 7) Consent Decree. . Ans:

1) Introduction
 a compromise is an agreement between the parties arranged to settle the dispute by
mutual consent.

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 It is a trade off parties choose to avoid lengthy litigation and put an end to the
dispute.
2) Compromise of suit (Order-23 )
 Parties having a dispute come together and jointly decide to settle the conflict
between them instead of taking the full course of a formal civil suit.
 Order 23 Rule 3 of the Code of Civil Procedure, 1908 states that when the parties
have made an arrangement to settle the dispute entirely or in part the court if it is
satisfied shall pass the decree to such effect and record the same.
 The agreement should be legal, in writing and signed by the parties. It should not
be opposed to law and public policy.
3) Conditions of compromise of suit
a) A lawful consent decree must have been passed
b) There must be an agreement or compromise
c) It must be in writing and signed by the parties
d) It must be recorded by the court
e) Minor cannot enter into compromise without appropriate representation by
a proxy
4) Order- 23 Rule 3
 Where the court is convinced that the parties have mutually settled the dispute
either completely or partly, the court shall record and order the decree for the
same.
 Indian Contract Act (1872) stipulates agreement with mistake to the essential fact,
unlawful consideration, agreement with the restraint of trade and legal proceeding,
to do an impossible act as void or voidable under the Indian Contract Act, 1876
will not be considered lawful under this rule.
 An agreement void or voidable in accordance with the Indian Contract Act 1872
will not be considered lawful under this provision.
 Order 23 Rule 3A -Bar to challenge compromise decree in a separate suit
Order 23 Rule 3A expressly bars instituting a fresh suit for which a compromise
decree is passed. It can only be probed by the same court which recorded the
compromise.
 Order 23 Rule 3B – No agreement or compromise is to be entered in a
representative suit without the leave of the court 5) Can a compromise decree be
challenged?
 Section 96 of the CPC provides a provision for appeal from the original decree.

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 A compromise decree is an exception to this provision. Subclause (3) of Section

96 enumerates that an appeal cannot lie against a decree passed with the
agreement of the parties.
 An appeal cannot lie for setting aside a compromise decree on the ground that it is
obtained unlawfully.
 A compromise decree can be challenged where there are unprecedented
circumstances and evidence on the face of the information provided to the court.

Q.8) Continuous Running of time.

Ans : Synopsis : ( Written by Kajal Kale)
1. Introduction.
2. Meaning and definition of continuous running of time.(section -9)
3. Conclusion.
1. Introduction :
• Section 9 of limitation act 1963 lays down the concept of continuous running of
time.
• According to the section if the period of limitation begins to run then if any
disability arrives subsequently a person cannot claim any extension or exclusion of
period of limitation.
• He has to file suit within the prescribe period.
2. Meaning and definition of continuous running of time (section -9)
• According to section 9 of Indian limitation act 1963 is the period of limitation
begins to run from the date of cessation of disability.
• Then no subsequent disability will stop that period of limitation and person has to
file the suit within the prescribed period even if he suffering from any subsequent
disability.
• The rule of this Section is based on the English dictum. “Time when once it has
Commenced to run in any case will not cease to be so by reason of any subsequent
Event”.
• Thus, when any of the statutes of limitation is begun to run, no subsequent
Disability or inability will stop this running.
3. Conclusion :
• The applicability of this Section is limited to suits and applications only and does
not Apply to appeals unless the case fell within any of the exceptions provided in
the Act Itself.
• Thus, time runs when the cause of action accrues.

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Q.9) Bar of Limitation [Section 3 of limitation Act]

Ans: (Written by Kailas Gadilkar)
1) Any suit, appeal or application if made beyond the prescribed period of limitation,
it is the duty of the Court not to proceed with such suit, appeal and application.
2) This provision of Section 3 is known as ‘Bar of Limitation’. The provisions of
Section 3 are mandatory.
3) The Court can suo-motu take note of the question of limitation.
4) The question whether a suit is barred by limitation should be decided on the facts
as they stood on the date of presentation of the plaint.
5) It is a vital section upon which the whole Limitation Act depends for its efficacy.
6) The effect of Section 3 is not to deprive the Court of its jurisdiction. Therefore,
decision of a court allowing a suit which had been instituted after the period
prescribed is not vitiated for want of jurisdiction. A decree passed in a time barred
suit is not a nullity. 2) case law
 The case of Punjab National Bank and Ors v. Surendra Prasad Sinha (1992)
the Supreme Court held that the rules of limitation are not meant to destroy the
rights of the parties. Section 3 only bars the remedy but does not destroy the right
which the remedy relates to.

Q.10 ) Extension of period of limitation. (Written by Rachana Bhandari )

Ans: -
 Section 5 of Limitation Act “Extension of prescribed period in certain cases”
 Section 5 of the Limitation Act, 1963 dealt with the extension of the prescribed
period in a certain case. It states that if the appellant or the applicant satisfies the
court that he had a sufficient cause for not preferring the appeal or making the
application within such period, then such an application or appeal shall be
admitted after the prescribed period.
Explanation – The fact that the appellant or the applicant was misled by any order,
practice Or judgment of the High Court in ascertaining or computing the prescribed
period may be Sufficient cause within the meaning of this section.
Following are the instances when the delay can be condoned:
 Subsequent changes in the law

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 Illness of the party

 Party being a Pardanishin Lady
 Imprisonment of a party
 The party belongs to a minority group who has insufficient funds
 Poverty or paupers
 Party is a government servant
 The delay is caused due to pendency of writ petition
 The party is illiterate
Section 5 applies to all applications except an application under 21 of code civil
procedure. Order 21 of the code deals with the law relating to the execution of decrees
and orders.
To obtain an extension of time by invoking the provisions of section 5 of the Act, the
party seeking extension must satisfy the court that he had sufficient cause for not filing
the suit, appeal, revision or objections within the prescribed period.
Q.11) Necessary Party
Ans: Synopsis (Written by Divya Kothari)
1) Meaning
2) Distinction
1)Necessary Party - Meaning
 A necessary party is one without whom no order can be made effectively.
 The addition of parties Is generally not a question of initial jurisdiction of the
court but of a judicial discretion which has to be exercised in view of all the facts
and circumstances of a particular case.
 A necessary party Is a person who ought to have joined as a party and in whose
absence no effective decree could be passed at all by the court.
 If a necessary party is not impleaded, the suit itself is liable to be dismissed.
 A proper party is a party who, though not a necessary party, is a person whose
presence would enable the court to completely, effectively and adequately
adjudicate upon all matters in dispute in the suit, though he need not be a person in
favour of or against whom the decree is to be made.
 If a person is not found to be a proper or necessary party, the court has no
jurisdiction to implead him, against the wishes of the plaintiff.

Q.11) NECESSARY PARTY & PROPER PARTY – DISTINCTION

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 There is essential distinction between ‘Necessary Party’ and ‘Proper Party’.  A

‘Necessary Party’ is one whose presence is indispensable or against whom relief is
sought and without whom no effective order can be passed.
 A 'Proper Party is one in whose absence an effective order can be passed but
whose presence is necessary for complete and final decision on question involved
in proceedings.
 Order I, rule 9 of the Code of Civil Procedure, 1908 reads:
No suit shall be defeated by reason of the mis-joinder 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.
 Therefore, general rule is that no suit can be decided without necessary parties to
it.
 However, rule 10 of Order I of the Code of Civil Procedure, 1908, provides for
substitution or addition of parties to suit on either of the following two grounds:
(i)He ought to have been joined as plaintiff or defendant and is not so joined; or
(ii)Without his presence, the question/issue involved in the suit cannot be completely
decided.

Q.12) Notice under Section 80 of CPC.

Ans: (Written by Rachana Bhandari )
1) Section 80-
 This section deals with the concept of Notice. According to this Section, There
exists no onus for the institution of a suit against the government without issuing a
Notice regarding the same, this includes the state of Jammu and Kashmir. With
respect to Institution of a suit against a public officer with respect to the act done
by him in his Official capacity, there is again a need for issuance of notice
regarding the same.
 Further, The notice should be served two months prior to the institution of the suit
and it should be Made sure that such a notice was delivered or left at the office of:
 Whenever the case is against the central government, and it does not relate to The
railways then, the notice should be delivered to the secretary of theGovernment.
 Whenever a case has been instituted against the central government and itRelates
to the railways then, the notice is to be served to the general manager Of that
railways.

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 Whenever the case is instituted against any of the state governments then, the
Notice is to be served either to the secretary to that government or to the Collector
of the district.
2) Contents of the Notice
 Notice under Section 80, is required to contain the following aspects: name,
description, Residence of the plaintiff, the cause of action and lastly the relief
which the plaintiff Claims.
3) Effect of Non-Compliance
 Non-compliance with the requisites of this Section or any omission in the plaint
which is Required would result in the rejection of the plaint under Order 7,
Rule 11.

Q.13) Interrogatories (Written by Pratiksha Mangalram )

Ans :
1) Introduction –
 Interrogatories are type of discovery and discussed in section 30 order Xl Rule
1 to 11.
 Interrogatories are set of questions in writing that a party in a suit initiates on
the other party with leave of the court.
2) Interrogatories –
 The concept of interrogatories can be defined as a formal or written question
that requires an answer by direction of court.
 This provision under cpc clearly states that any party to the suit can go for
interrogatories against the opposite party. However, there are certain
exceptions where these interrogatories cannot be asked. i.e. when there is mala
fide intention behind seeking interrogatories or privileged documents in
question.
 This shall be in the form of questions of fact and not in the form of question of
law.
 Interrogatories should be in the form no. 1 and appendix C and the affidavit
which has to be filed along with interrogatories should be in the form no. 3
appendix C.
 The affidavit to answer the interrogatories shall be filed within 10 days after
service of interrogatories.
 Interrogatories shall not be allowed at an initial or premature stage of the suit.

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3) Object behind interrogatories –

 To understand the nature of the case of opponent.
 To strengthen own case.
4) Procedure –
 Interrogatories may be conducted in writing with the permission of the court or
with the subjection to the condition and limitations directed by the court
 The subject of interrogatories shall be submitted to the court in the form of
application and the court shall decide within seven days of filing of the
application.
 It can be conducted either by plaintiff to the defendant or by the defendant to
the plaintiff or by one plaintiff to another plaintiff or by one defendant to the
another defendant.
 Once the party has delivered one set of interrogatories to the other party the
same party cannot deliver another set of interrogatories without the permission
of court.
 The interrogatories shall have reasonable connection with any matter in
question in the suit.
5) Permissibility of interrogatories
 The general rule says the permissibility of interrogatories is on the discretion of
the court where the courts are empowered to decide on which interrogatories
can be allowed and which interrogatories cannot be allowed.
6) Conclusion –
 The intention of a legislature behind the provisions of interrogatories is quite
clear.
 It is discretionary power of the court to order interrogatories against the
opponent party but such power shall be exercised very cautiously.

Q.14) Effect of part payment

Ans : Synopsis : ( Written by Kajal Kale)
1. Introduction
2. Effect of parliament
3. Essential conditions (Sec -19)
4. Conclusion 1) Introduction :
 Section 19 of limitation act 1963 provides for the extension of limitation period
 In case of debtor making part payment of debt or interest before the expiry of the
limitation period.

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2) Effect of part payment :

 Where payment on account of a debt on a legacy is made before the expiration of
the prescribed period.
 By the person liable to pay the debt or legacy or by his agent duly authorized in
this behalf,
 A fresh period of limitation shall be computed from the time when the payment
was made.
 Explanation: For the purposes of this section –
(a) where mortgaged land is in the possession of the mortgagee, the receipt of the
rent or produce of such land shall be deemed to be a payment;
(b) “debt” does not include money payable under a decree or order of a court.

3) Essential conditions: SEC. 19

 Two conditions are essential:
 First, the payment must be made within the prescribed period of limitation.
 Secondly, it must be acknowledged by some form of writing either in the
handwriting of a payer himself or signed by him.
 If there is no acknowledgment in the required form, the payment by itself is of no
avail.
 A written or signed acknowledgement is the only mode of proof of the payment.
4) Conclusion :
 An “acknowledgment of the payment must appear in the handwriting of the person
making payment, or in a writing signed by that person.”

Long Answer Question

Q.1) Define an explain ‘res judicata' and distinguish ‘res judicata' and ‘res
subjudice'. what is a farmer suite?
Ans – Synopsis: .
1. Introduction.
2. Definition and meaning of res judicata.(section -11)
a) Nemo debit lis vexari pro qua eadem causa.
b) Interest republicae ut sit finis lithium.
c) Re judicata pro veritate occipitur.
3. Meaning and definition of res subjudice.(section -10)

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a) Essential conditions for res subjudice

4. Meaning and definition of former suit.
5. Difference between rest judicata and res subjudice.
6. Conclusion.
1) Introduction :
 The legal concept of res judicata and res subjudice are fundamental
principle in the field of law that serves to ensure justice.
 These doctrines plays critical roles in preventing the misuse of judicial
resources protecting parties from repeated litigation and promoting
consistency in judicial decisions.
2) Definition and meaning of res judicata.(section -11)
 Section 11 of CPC deals with the provision of res judicata.
 According to the section a court cannot entertain any suit which has been
settled on similar facts and issues as those that were directly or
subsequently dealt with in a former suit.
 The proceedings took place in a competent court under a similar title.
a) Nemo debit lis vexari pro qua eadem causa.
 Means no person is tried twice in a similar kind of suit.
b) Interest republicae ut sit finis lithium.
 Means there should be an end to litigation since it is in the interest of the nation.
c) Re judicata pro veritate occipitur.
 It means a judicial decision must be accepted as it is. 3) Meaning and definition
of res subjudice.(section -10)
 The term res means ‘matter’ and subjudice means ‘under consideration’.  Hence
the doctrine means a matter which is still under consideration.
 Section 10 of CPC says that no court can initiate such a proceedings between the
same parties and the same issues which were directly or subsequently in question in
the previous suit if the previous suit is still pending in the competent court.
a) Essential conditions for res subjudice :
1. The matter at issue must be same
2. The parties involved in the lawsuit must be same.
3. The second lawsuit’s relief is admissible in the court where the initial lawsuit
was filed.
4. The previous suit must be pending in the competent court, or any court situated
in India, or the Supreme Court, or any court, or in any court established or
formed by the Central Government outside of India.

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4) Meaning and definition of former suit :

 A suit which has been decided prior to a suit in question whether or not it was
instituted prior thereto.
5) Difference between rest judicata and res subjudice.

Grounds of
Sl. No. Res judicata Res subjudice
difference
It applies to the pending
It means a matter is already decided suit. It bars parallel
and can not be heard again. Res proceedings. Res
1. Meaning
judicata prevents a second trial of the subjudice prevents
formerly settled disputes. parallel proceedings on
the same matter.
2. Provisions Section 11 of CPC Section 10 of CPC
Res subjudice is
Res judicata is applicable to the suits
3. Applicability applicable to the suit
and applications.
and appeals.
There must be two suits
and one must have
The suit had been decided by the
already commenced.
competent court. The issue must be the
The matter in issue is
same in subsequent and former suits.
the same. The suit was
4. Essentials The suit must be filed between the
filed in a competent
same parties. The court must have
court. The suit must be
jurisdiction. The former and subsequent
pending in court. The
suits have the same title.
title of the suit and the
parties are the same.
5. Aim The end of the litigation proceedings. Prohibit parallel
6) Conclusion:
 To ensure every person get justice and for smooth working of the judiciary.
 These doctrine must be implemented efficiently.
 If there is no use of doctrine then there is no and to the litigation process.

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 Hence to make the judiciary process speedy and effective the implementation of
this doctrine is necessary.

Q.2) State the effect of Death, Marriage or Insolvency of a party to a civil suit.

Ans: Synopsis .
1) Introduction
2) Effect of Death
3) Effect of Marriage
4) Effect of Insolvency of a party
5) Conclusion

1) Introduction
 The civil procedure code 1908 deals with Order-22 with the creation, assignment
or devolution of interest during the pendency of suits.
 It also applies to appeals but not to execution proceedings.
 The provision of order-22 exhaustive they should however be liberally construed
to serve the end of justice.
Effect on Death Of Party: Order-22 Rules 1-6 a) Death of plaintifWhere the sole
plaintiff dies, the suit will not abate, if the right to sue survives.
 It can be continued by the heirs and legal representatives of the deceased plaintiff.
If the right to sue does not survive, the suit will come to an end.
 Where one of the several plaintiff dies and the right to sue survives to the
surviving plaintiff or plaintiff’s, the court will make an entry to that effect and
proceed with the suit by surviving plaintiff or plaintiffs.
 Where plaintiff dies after hearing and before pronouncement of judgment, the suit
shall not abate.
 The same principle will apply in case of death of the plaintiff after passing of
preliminary decree and before final decree.
 Once the final decree is passed, the rights of the parties are adjudicated and the
question is only of execution of the decree. The provisions relating to abatement
do not apply to execution proceedings; they, however, apply to appeals.
b) Death of defendant
 Where the sole defendant dies, the suit shall not abate if the right to sue survives.

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 It can be continued against the heirs and legal representatives of the deceased
defendant.
 Where one of the several defendants dies and the right to sue survives against the
surviving defendant or defendants, or where the sole surviving defendant dies and
the right to sue survives, the court, on an application by the legal representative of
the deceased defendant, will make him a party and proceed with the suit.
 When no such application is made within the period of limitation (ninety days),
the suit shall abate as against the deceased defendant.
 Where the defendant dies after hearing and before the pronouncement of
judgment, the suit shall not abate.
 The suit also does not abate on account of an unnecessary party. c) Right to sue
 As already noted, when a party to a suit dies, the first question to be decided a
weather the right to sue survives or not. If doesn’t, there is an end to the suit. If it
does, the suit will not abate.
 It can be continued by or against the heirs and legal representative of the deceased
party.
 The expression right to sue has not been defined in the Code, but it may be
interpreted to mean right to seek to relief. In other words, right to sue survives if
the cause of action survives or continues.
 The general rule is that all rights of action all demands whatsoever, existing in
favour of or against a person at the time of his death, survive to or against his
representatives. But in case of a personal actions, i.e. actions where the relief
sought personal to the deceased or the rights intimately connected with the
individuality of the deceased, the right to sue will not survive to or against his
representatives. In these case, the maxim action personalis moritur cum persona
(a personal action dies with the person) applies.
d) Applicability to other proceedings : Order-22 Rules 11-12
The maxim actio personalis mortiur cum persona (a personal action dies with
the person) does not apply only to suits in those cases where the plaintiff dies
during the pendency of a suit but also to cases where the plaintiff dies during the
pendency of appeal or appeals. This is on the footing that by a reason of the
dismissal of the suit by the trial court or the first appellate court, as the case may
be, the plaintiff stands relegated to his original position before the trail court.
e) Duty of pleader: Rule 10-A
 Rule 10-A as inserted by the Amendment Act of 1976 imposes an obligation on
the pleader of the parties to communicate to the court the fact to the death of the
party represented by him.

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f) Duty of Court: Rule 10-A

 Rule 10-A also casts duty on the court to give notice of death of party to the other
party. The duty is statutory and must be observed which is clear from the words
the court shall thereupon give notice of such death to the other party.
g) Effect of abatement: Rule 9
 Where the suit abates or is dismissed due to failure of the plaintiff to bring the
legal representative or representatives of the deceased party, no fresh suit will lie
on the same cause of action.
 The only remedy available to the plaintiff or the person claiming to be the legal
representative is to get the abetment set aside.
 Such abetment or dismissal of the suit, however, does not operate as res judicata.
h) Suit against dead person
 No suit can be filled against a dead person. Such a suit is non est and has no legal
effect.
 Likewise, a decree passed against a dead man is a nullity. But where a suit is filled
against a dead person by the plaintiff without knowledge of such death, on the
application by the plaintiff, the court may permit the legal representatives of the
defendant to be brought on record. On such impleadment, the suit shall be deemed
to have been instituted on the day the plaint was presented. The court’s
satisfaction breathes life into the suit.
3) Effect on Marriage of The Party : Rule-7
 A marriage of a party does not have any substantial effect on the suit but there is
an exception to it.
 A case or a situation in which a decree has been executed against a female who is
married, the decree shall be executed against her only.
 It has been mentioned under Rule 7 of Order XXII of CPC that a decree which is
in favour or against a wife, where the husband is legally entitled to the subject
matter of the decree or if he is liable for the debt of his wife may, with the explicit
permission of the court, it should be executed by or against him. 4) Insolvency Of
Party: Rule 8 a. Insolvency of plaintiff
 The insolvency of plaintiff shall not cause the suit to abate and can be continued
by his Assignee or Receiver for the benefit of his creditors.
But if the Assignee or Receiver declines to continue the suit, or to give security
for costs, as ordered by the court, the court may, on the application of the
defendant, dismiss the suit on the ground of the plaintiff’s insolvency.
 The court may also award the defendant costs for defending the suit, to be paid as
a debt against the plaintiff’s estate.
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b. Insolvency of defendant
 Rule 8 does not apply where the defendant becomes an insolvent.
 In such cases, the court may stay the suit or proceeding pending against the
defendant who has been adjudged an insolvent.
 Rule 10 will also apply in those cases and a receiver will become a representative
of the defendant debtor.

5) Conclusion
 Order -22 deals with the creation, assignment or devolution of interest during the
pendency of suits.
 It also applies to appeals but not to execution proceedings.

Q.3) “Every suit shall be instituted in the court of the lowest grade competent to try
it.” comment.
Ans : Synopsis :

1. Introduction.
2. Meaning of jurisdiction.
3. Kinds of jurisdiction/Type of jurisdiction.
a) Pecuniary jurisdiction (sec- 15, sec -6)
b) Territorial jurisdiction (sec -16-20)
c) Jurisdiction as to subject matter(sec-21)
d) Original and appellate jurisdiction
e) Exclusive and concurrent jurisdiction
f) General and special jurisdiction
g) Legal and equitable jurisdiction
4. Conclusion
1. Introduction:
• Jurisdiction has not been explained in the code of civil procedure.
• In a simple word it can be described as the power of the court to settle the
matter.
• The Indian judiciary has invoked the ancient legal maximum “Ubi jus
lbiremedium.”
• Which means that where there is a right there is a remedy.
2. Meaning of jurisdiction :

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• Jurisdiction is defined as the limit of judicial authority to which a court of law

can exercise its authority over suits, cases, appeals etc.
• In 1921Calcutta High court in case of Hridaynath Roy v/s Ramchandra.
• Sought to explain the meaning of the term jurisdiction in detail.
3.kinds of jurisdiction /Types of jurisdiction :
• There are 7 types we can general specified.
a) Pecuniary jurisdiction (section -15, section -6) Cc
• Pecuniary means ‘related to capital’.
• It approaches the question of whether the court is competent to try the case of
financial value.
• A suit is valued on the basis of damages, compensation, property involved are
as per court fee act.
• Section-6 a court cannot entertains suit exceeding its pecuniary jurisdiction.
b) Territorial jurisdiction (section 16 -20)
• The geographical limits of court's authority are clearly delineated and
specified.
• It cannot exercise authority beyond that geographical/ territorial limit.
c) Jurisdiction as to the subject matter (section- 21)
• The court may have jurisdiction over certain subject matter.
• Subject matter maybe civil dispute, consumer dispute, co-operative
societies dispute, industrial dispute, family dispute etc.
d) Original and appellate jurisdiction :
• Court with original jurisdiction can conduct trial of cases.
• Such quotes are court of first instance.
• It entertains and decided original suits.
• Court with appellate jurisdiction can entertain appeals from the orders
and judgements from lower courts.
e) Exclusive and concurrent jurisdiction :
• In civil procedure exclusive jurisdiction means.
• Where a single court has the authority to decide a case to the rejection
of all the courts.
• This jurisdiction is decided on the basis of subject matter dealt with by
specific court.
• Concurrent jurisdiction exist where two or more courts from different
systems simultaneously have jurisdiction over a particular case.

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• In this situation parties will try to have there civil or criminal cases heard in
the court that they perceive will be most favourable to them.
f) General and specific jurisdiction :
• General jurisdiction means that general court do not limit themselves to
having only one type of cases.
• This means court has the power to hear all type of cases.
• Like civil, criminal, family court cases and much more.
• Specific jurisdiction is the ability of court to heard a lawsuit in a state
other than the defendant’s home state.
• If the defendant has minimum contact within the state where the suit will be
tried.
g) Legal and equitable jurisdiction :
• Equitable jurisdiction belongs to the authorities of the courts to take
specific action and pass some order in order to deliver an equitable and
reasonable outcome.
• These judgements are usually outside the purview of law in the sense
that support provided by the courts may not be necessarily confirmed
by statute.
• In the case of K.K.Valusamy v/s and Palanisamy the supreme court held
that section 151 does not give any special jurisdiction to civil courts.
• But only present for the application of discretionary power to achieve the
end of justice.
• This would lead to the conclusion that such equitable jurisdiction is
secondary to the authority of the courts to implement law.
4. Conclusion :
• Civil court has jurisdiction to investigate whether tribunal and quasi-judicial
bodies for legal executive acted within their jurisdiction.
• It can be presumed that section 9 essentially deals with the issue of civil courts
jurisdiction to consider a matter.

Q. 4) Define pleading and state the objects and fundamental principles regarding
pleadings. Explain Essential requisites of pleading and describe the manner of
amending the pleading. (Written by Rachana Bhandari ) Ans : Synopsis
1) Introduction
2) Objective of Pleading
3) Fundamental Rules of Pleading

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• The first fundamental of rule of pleading is that it should only state

facts and not the law.
• The facts that are stated in the pleading must be material facts.
• It should never state or disclose the evidence.
• The facts stated in the pleading must be in a concise form.
4) Other Rules of Pleading
5) Amendment of Pleading
6) Conclusion

1) Introduction
 As defined under Order 6 Rule 1 of CPC, pleading shall be plaint or written
statements. Plaint is the statement filed by the plaintiff in a civil court to prove his
claim whereas written statements are the statements defined in Order 8 Rule 1 of
CPC, which states that the defendant should file written statements within 30 days
of issuance of the summons.
 According to Mogha, “Pleadings are statements in writing drawn up and filed by
each party to a case, stating what his contentions will be at the trial and giving all
such details as his opponent needs to know in order to prepare his case in answer.”
2) Objective of Pleadings
 To bring the parties to definite issues
 To prevent surprise and miscarriage of justice
 To avoid unnecessary expense and trouble
 To save public time
 To eradicate irrelevancy  To assist the court.
3) Fundamentals Of Pleading
Sub-rule (1) of Rule 2 (order VI) states the fundamentals of pleadings:
 The first fundamental of rule of pleading is that it should only state facts and not
the law.
 The facts that are stated in the pleading must be material facts.
 It should never state or disclose the evidence.
 The facts stated in the pleading must be in a concise form.
Basic rules of pleadings are given in Rule 2 of Order 6 of the civil procedure code,
1908. They are as follows:

1) Pleading should state the facts.

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 The first rule of pleading states that the pleading should state the facts and only
facts and not the law. Question of fact must be pleaded, i.e. The existence of any
custom or usage, intention, waiver or negligence must be pleaded.
2) The fact should be material facts.
 The second rule of pleading is that the facts stated should be material facts only
and not the particulars. Material facts are the basic facts.
In Virendra Nath vs Satpal Singh,
 the supreme court stated, "the phrase 'material' fact may be said to be those facts
upon which a party relies for his claim of defense.
In other words, 'material facts' are facts upon which the plaintiff's cause of action or
the defendant's defense defends.
 "Whether a fact is a material fact or not differs from case to case and depends on
the circumstances of the case.
3) Pleading should not state the evidence.
 The third rule of pleading is that the pleading should not state the evidence with
which the material facts are to be proved. Facts are of two types:
a) Facta probanda: the facts which need to be proved.
b) Facta probantia: the fact through which material facts are proved.
Facta probanda should be pleaded in the pleadings and not the facta probantia.
4) The facts stated in the pleading should be in a concise form.
 The last fundamental rule of pleading is that the pleading should be in a concise
form. Unnecessary and irrelevant details should not be added to the pleading.
Instead, pleading should be precise, clear and specific.
4) Other Rules Of Pleading
Rule 4 to Rule 18 (Order VI) talks about other rules of pleading:
 Every pleading is must be signed by the party or his pleader rule 14
 Particulars with date should be stated, wherever misrepresentation, fraud,breach of
trust, willful default or undue influence is pleaded in the pleading-Rule 4
 The effect of the document shall be stated briefly where the contents ofany
document are material Rule 9
5) Amendment Of Pleading
 Amendment of a pleading is covered by Rules 17 and 18 of Order VI of the Code
of Civil Procedure, 1908. These rules work to bring about justice in society.
According to Rule 17 of the Code of Civil Procedure, 1908, either party may be
required to amend or alter his pleading at any point during the proceeding in a fair

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and just manner, allowing amendment when necessary to settle the precise
contentious issue between the parties.
 Rule 18 deals with the problem of the pleading not being amended. It deals with
the law that states if a party is ordered by the court to make a necessary change
and fails to do so within the time limit specified in the order, or if no time limit is
specified, then within 14 days of the order's date, he will not be allowed to amend
after the time limit specified above, or after such 14 days, as the case may be,
unless the time is extended by the court.
6) Conclusion
 As mentioned earlier, pleadings are the backbone of a trial. It is the foundation
stone on which the case of a party stands. The proper formulating of pleading
determines the future of the case.
Pleading from the side of the plaintiff is the Plaint and the reply to the allegations
made in the plaint is known as Written Statement. The plaint may also be
amended subject to the conditions and requisites as stated above.

Q. 5) Define ‘summons’. What are the different modes and procedure regarding
serving of summons Under civil procedure code. What are the recent
amendments to the rules.
Ans: Synopsis .
1) Introduction
2) Meaning of Summons
3) Modes of service of Summons
4) Procedure to serve Summons
5) Recent Amendment to the rule
6) Conclusion 1) Introduction
 The Code of Civil Procedure prescribes rules under Order 5 read with Section 27
to 29 in relation with Summons to Defendant.
2) Meaning of term Summons
 The term summons has not been defined in Code of Civil Procedure 1908 but
according to Black's law dictionary:
 Summons means a writ stating an action is commenced against him in court.
3) Modes of service of Summons
The Civil Procedure Code specifies five methods for serving a summons on a defendant.
They are:

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 Personal or Direct Service

 Service by Court
 Service by Plaintiff
 Substituted Service
 Service by Post
1) Personal or Direct Service
 The summons must be served on the defendant in person or by an authorised
representative Wherever possible.
 If the defendant is absent from his residence at the time of service of summons,
the summons may be served on any adult member or female member of the
defendant’s family.
 A servant cannot be serve to be a family member.
 Where there are two or more defendants, the summons should be served on each
defendant.
The service of the summons should be made by delivering a copy of the summons.
After that, the serving officer must make an endorsement on the original summons
regarding the delivery of the summons.
2) Service by Court
 When a defendant is residing within the court’s jurisdiction, the summons shall be
served through the court officer or any approved courier service.
 Where the defendant is residing outside the court’s jurisdiction, the summons will
be served through an officer of the court within whose jurisdiction such defendant
resides.
3) Service by Plaintiff
 In addition to the service of summons by the court, the court may allow the
plaintiff to serve the summons.
4) Substituted Service
Substituted service can be done in the following circumstances:
 If the defendant or his agent refuses to sign the acknowledgement, or if the
serving officer is unable to locate the defendant after due diligence and there
appears to be no chance of finding him, the service of summons can be done by
fixing a copy of the summons on the outer door or some conspicuous (noticeable)
part of the house in which the defendant resides or carries on business or
personally works for gain.
 Where the court is satisfied that the defendant is avoiding service of summons or
the summons cannot be served on the defendant in an ordinary way, the service

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may be achieved either by affixing a copy of the summons in the conspicuous

place in the courthouse and also where the defendant last resided, carried on a
business, or where he personally worked for gain or in such manner as the court
thinks fit.
In Basant Singh vs Roman Catholic Mission (2002),
 the court stated that one must remember that this is not a regular mode of service.
Hence it should not normally be allowed and should only be used as the last resort.
5) Service by Post
 When the court receives an acknowledgement purporting to be signed by the
defendant or his agent, or when the defendant or his agent refuses to accept
delivery of the summons when it is tendered to him, the court issuing the
summons shall declare that the summons had been properly served.
6) Procedure to serve Summons
The procedure to serve a summons is as follows:
• A summon has to be prepared considering all the essentials;
• The summons should be served by the persons authorized and if possible,
personally;
• A duplicate copy should be provided to the person summoned;
• The person summoned shall sign the receipt on the back of the duplicate copy. 7)
Recent Amendment in rules of order V:
 In Rule 2, After amendment, Rule 2 of Order V would read as under: “Copy of
plaint etc., to be annexed to summons. – Every summon shall be accompanied by
a copy of the plaint, plaint documents, interlocutory applications, affidavits in
support thereof, and if service is effected by modes provided under relevant rules
made in relation thereto, as provided by such rules.”
 (ii) Rule 4 shall be substituted with the following, namely.- “4. Appearance of a
recognized agent when Court directs personal appearance of either plaintiff or
defendant.- On an application filed on behalf of plaintiff or defendant who is
directed to be present personally under Rule 3 above, Court may in its discretion
permit a person specifically authorized inthat regard by such plaintiff or
defendant to appear instead of appearing in person.”
7) Conclusion
 Order 5 of the Code of Civil Procedure, 1908 specifically deals with the issue and
service of summons to the defendant.
 It provides various rules related to the issuance of summons and their modes of
service.

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 It also provides the scenario as to what will happen if a person refuses the
summons.
 The defendant has also been given the opportunity to raise the objections to the
summons if any at the earliest or else it will be waived.
 But there are many instances where the defendants tend to avoid or ignore the
summons.

Q. 6) What is meant by written statement? what are the rules of Defence considered
while filing of written statement? what is the effect of non filing any written
statement?
Ans: Synopsis .
1) Introduction
2) Written statement
3) Who can file a written statement
4) Filing written statement
5) Non filing written statement
6) Conclusion
1) introduction:
 The code of civil procedure1908, is the procedural law that governs how the Civil
courts of our country must function.
 Down the rules for civil proceedings. The code also contains substantive law as lid
down in its 150th sections and also composition orders which constitute it’s true
procedural aspects.
 Order 8 of the code of civil procedure deals with returns statements. Return
statement is an integral part of a civil suit.
 When a suit is comment by a plant the defendant has to file a returns statement as
a reply. There are several rules in order 8 that govern how and when the return
statement should we file and also the consequences for not filing.
1) Written statement :
 The code of civil Procedure Code does not give a definition of written statement.
 In general terms it can be defined as the statement of defence in writing filed by
the defendant and it deals with every material fact arranged by the plaintiff in the
plant.
 The provisions concerning the return statement are content in order it of the code
of civil procedure.

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 The matter in the return statement must be stated concisely. It must only contain
the facts on which the defendant realise for his defence and not the evidence to
prove such facts.

2) Who can File a written statement :

 Filed by the defendant
 The defendant may file it through an agent authorised by him.
 In the case of multiple defendants, there can be a common return statement signed by
all or at least verified by one of the defendants who is familiar with the facts.

3) Filing written statement:

 Order eight rule One Less down the period within which the defendant must file a
return statement.
 The return statement should we find by the defendant with in 30 days from the day
when the summons was served to him.
 However this period can be extended up to 90 days from the date of service of
summons by the court for reasons to be recorded in writing.
 In the case of commercial disputes, the written statement must be filed with in 30
days from the date of service of summons. However, it can be extended by the court
up to 120days from the date of service of summons for reasons to be recorded in
writing.
4) Not filing written statement :
As per order 8 rule 10, if any person who is required to file written statement does
not do so within the time period prescribed or permitted by the court the court
shell pronounce the judgement against him or issue and order and a degree shall
be drawn up on the pronouncement of the judgement. The time period prescribed
for the filing of the written statement in rule one shall not be extended by the
court.
The court has to alternative when a returns statement has not been filed :
 Granting of adjournment :
The court can grant an adjournment to the defendant. This grants more time to the
defendant to file a written statement. However, no more than three add
tournaments can be given to a party to the suit as per order 7 Rule 1 of the code. If
the party still fails to file the return statement, the court can move on to the next
alternative, which is the ex party degree.
 As an ex party degree :

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The court can pass an ex party degree against the defendant. This is not mandatory
but the court has the discretion to do so. This is usually avoided by the court in the
first instance. However, if the party fails to file a written statement in spite of
many adjustments, the court can Resort to passing and ex party decree against the
defendant.

5) conclusion:
 Order 8 rule 10 of the code essentially lay down that if the defendant does not file
return statement with in the time and manner describe by the provisions in the order,
The court shall pass a judgement against him. The provision also mix it clear that the
court cannot extend the 120 days duration prescribed under Rule 1 under any
circumstances for commercial disputes.

Q. 7) what is meant by a plaint? on what ground the court permit the amendment
of plaint? .
Ans: Synopsis
1) introduction
2) Plaint
3) Amendment of plaint
4) Conclusion

1) Introduction:
 Pleadings are the statements which are the backbone of every civil suit. No
civil suit will come into existence if there are no pleadings. Pleadings have
been defined under order 6 rule 1 of CPC which states that pleading shall be
plaint or written statements.

2) What is mean by plaint :

 Plaint is the statements filed by the plaintiff in a civil court to prove his claim.
Pleadings have been defined under order 6 rule 1 of CPC. Pleadings are those material
facts which helps plaintiff to define the cause of action and defendent to establish his
defence in a civil suit.

3) amendment of plaint:
 The court may at any stage of the proceedings allow either party to alter or
amend his pleadings in such manner and on such terms as maybe just, and all

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search amendments shall be made as maybe necessary for the purpose of

determining the real questions in controversy between the parties.
 The provision related to amendment of pleadings gives power to the Civil
Court to allow parties to alter, amend or modify the pleadings at any stage of
proceedings. The court will allow amendment only if this amendment is
necessary to determine the controversy between the parties. The purpose of
this provision is to promote ends of justice and not to be defeat the law.
 The provision of order 6 rule 17 states that code will not allow application of
amendment after the trial has been commenced unless Court comes to the
conclusion that party did not traits the relevant facts before the commencement
of the trial. This provision discretionary power to the court to decide on the
application of pleadings after the commencement of the trial.
 This provision was deleted by the civil procedure( amendment)
code,1999.This omission was made to ensure consistency in new changes in
the Civil Code. But letter, it was restored by the Civil Procedure (
amendment)Code 2000. This amendment has given power to the court to allow
application of the pleadings with some limitation.

4) Conclusion:
• Pleadings are the backbone of every civil suit. Pleadings can be in plaint or
written statements form. Amendment of pleadings means the alteration,
modifications and amendment in original pleadings by an application to the
court. Amendments of pleadings is a good law to correct mistakes in pleadings
but it should be allowed with due care and diligence.

Q.8) Explain As to when a court may issue a Commission for Examination.

Ans: Synopsis .
1) Introduction
2) Commission
3)Who May appoint as Commission
4) When Commission is Appointed
5) Purpose Of Issuing Commission
6) Conclusion
1) INTRODUCTION

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 -Commission is the representative of the Court in which the representative can

make anyexamination, witness and appear to the fact before the Court.
 The object of Order 26 Rule 9 of Civil Procedure Code is not to assist a party to
collect evidence where the party can procure the same.
2) COMMISSION
 The concept of ‘Commission’ is an important subject matter in the branch of CPC.
 Commission is an impartial person who is appointed by the Court and act as an
agent of theJudge.
 The power of the Court to issue Commission by the Court for doing full
andcomplete Justice between the parties.
3)WHO MAY APPOINT AS COMMISSION
 Any Person is appointed as Commission because it’s discretion power of the Civil
Court.
4)WHEN A COMMISSION IS APPOINTED
 Issuing of Commission can be made by the Court when :
 it gets application from the parties,or  suo moto.
 Section 75 to 78 and Order 26 of CPC deals with Issuing Commission.
 Generally,AnAdvocate is appointed as Commissioner under Order 26 Of CPC for
making clear any matter in dispute.
5) PURPOSE OF ISSUING COMMISSION
 According to Section 75 of CPC the court may issue a Commission for any of the
following purposes:
A)Examination of Witnesses
 Section 76-78 and Rules 1-8 is guided for Examination of Witnesses.
 Generally the Examination of Witnesses is done in an open court.The Evidence of
Witnesses is examined by cross-examination and recorded in the presence of all.
 However,sometimes it may happen where the witness may not be able to come
and appear in court.The reasons for inability to appear must be reasonable.
 The reason for non-attendance of Witnesses may be on the grounds of illness,or if
the witness resides beyond the local limits of the jurisdiction of the court or any
other reasons as the court may find sufficient.
 In the case of Vinayak Trading Co. V Sham Sunder &Co.,the court had issued a
commission for recording of the statement of witness,as Court had apprehended
danger to life if he becomes compelled to come to court.
B)Perform a Local Investigation
 This is covered by Rules 9 and 10 of Order 26 of CPC.

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 Courts can issue commission where it finds that there is a need:

•To get a proper clarity regarding a matter in dispute;&
•To get a proper valuation of the property in dispute of any,or if any damages or
mesne profits is involved in the claim of a suit,then finding the exact amount for
the same.
 The investigation is performed where the evidences are of peculiar in nature and
which can only be ascertained by visiting and conducting an investigation at the
spot.
 In the case of Southern Command Military Engg Services Employees Coop.
CreditSociety v V.K.K Nambiar,the court had to issue a Commission to find out
whether the tenants had really occupied the premises in dispute of the suit.This
was a peculiar situation which can only by ascertained by visiting the place and
conducting investigation.

C)Adjustment of Accounts
 Rules 11 &12 of Order 26 of CPC guide the action of conducting an investigation
by court by issuing a commission to examine and for the adjustment of accounts.
The Courts issues gives necessary instructions to the commissioner and the report
provided by the commissioner shall then be deemed to be the evidence in the
court.

D)To do a Partition
 Rule 13&14 of Order 26 of CPC deals with the Issue of Commission to do a
partition.
 In this case, The Court issues a commission when a preliminary decree of partition
of an immovable property has been passed by the court.
 The Duty of the Commission is to make the partition according to the guidelines
provided by the decree.
 The Commissioner then divides the property into the required number of parts and
then allot the shares to the parties.
 After Partition and alloting the parts of the property to the rightful owners, the
commissioner prepares a report and provides it to the court. After alloting, if any
party objects or is unsatisfied of something, courts hears the objection and passes a
final allotment decree.
6) CONCLUSION

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 According to S.75 and Order XXVI of CPC,Court has discretion to appoint a

commissioner but the discretion has to be exercised in a judicious and sound
manner and not whimsically.
 It is well settled that if the oral and documentary evidence are found enough to
resolve the controversies in the suit,the rejection of application for appointment of
a Commissioner is a valid one.

Q.9) Explain the rules of procedure as regarding withdrawal or compromise of

suits.
Ans-Synopsis .
1) Introduction
2) Withdrawal without the leave of the court
3) Withdrawal with the leave of the court
4) Suit by minor
5) Withdrawal by one of the plaintiff
6) Limitation
7) Case law
8) Conclusion

1) Introduction:
Order 23 consist of 24 rules as to withdrawal and adjustment of suit. it provides
for two types of withdrawal 1) absolute withdrawal i.e withdrawal without the
leave of the court and 2) qualified withdrawal. i.e withdrawal with the leave of the
court.
2) Withdrawal without the leave of the court:
• Rule1(1) provides for withdrawal of suit without the leave of the court.
• It states that at any time after the institution of a suit, the plaintiff may abandon
a part of his claim against all or any of the defendant without the leave of the
court.
• This right is absolute and unqualified and the court cannot refuse permission to
withdraw a suit and compel the plaintiff to proceed with it, unless any vested
right comes into existence before such prayer is made
• However in case of such abandonment or withdrawal of a suit or part of a
claim without the leave of the court, the plaintiff will be precluded from
instituting a fresh suit in respect of the same cause of action
• If he abandons such suit without the permission of the court to file fresh suit

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• The law confers upon a man no rights or benefits which he does not desire
• The plaintiff the defendant is withdrawanby the plaintiff 3) Withdrawal with
the theleave of the court:
Rule1(3) permits withdrawal of suit with the leave of the court where the court is
satisfied that a suit must fail by reason of some formal defect, or there are sufficient
grounds for allowing the plaintiff to institute a fresh suit for the subject matter of a suit or
part of a claim, it may grant permission to withdraw such suit or such part of the suit or
such part of the claim on such terms as it thinks fit. 4) Suit by minor:
By the Amendment Act of 1976, specific provision has been made that where the
plaintiff is a minor, neither the suit nor any part of the claim be abandoned without
the leave of the court sub-rule(2)of the 1enacts that an application for leave under
the proviso to sub-rule(1) of rule 1must be accompanied by affidavit of the next
friend and also, if the minor of such person is represented by a pleader by a
certificate of the pleader to the effect that the proposed abandoned is, in his
opinion, for the minor’s benefits.
5) Withdrawal by one of the plaintiff:
Where there are two or more plaintiffs in a suit, the suit or part of the claim cannot
be abandoned or withdrawn without the consent of all the plaintiffs, however, may
abandon or withdraw from the suit to the extent of his own intrest in it.
6) Limitation:
A plaintiff withdrawing a suit with liberty to file a fresh suit is bound by the law
of limitation in the same manner as if the first suit has not been filled at all.
7) Case law:
a) In khatuna v/s Ramsewak kashinath,AIR 1986 Ori.1and In Beniram v/s
gaind,AIR 1982 ,Sc 789
Supreme court held that through the expression “formal defect “ has not been
defined in the code, it cannot some defect from or procedure not affecting the
merits of the case, such as want of statutory notice under section 80 of the code,
misjoinder of parties or of cause of action, non -payment of proper court fee or
stamp fee, failure to disclose cause of action, mistake in not seeking proper relief,
improper or erroneous valuation of the subject matter of the suit, absence of
territorial jurisdiction of the court, defect in prayer clause, etc.
b) Bijayananda patnaik v/s shatrughan sabu,AIR1963 SC 1566
• Appeal is a continuation of suit . the provisions of this order XXIII therefore,
apply to withdrawal of appeals.
8) Conclusion:

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• The withdrawal of the suit with permission of the court may be granted on such
terms as to costs, etc. as the court thinks fit.
• The granting of permission to withdrawn a suit with liberty to file a fresh suit
removes the bar of res judicata. it restore the plaintiff to the position which he
would have occupied had he brought no suit at all.

Q.10) Discuss in detail how a Receiver is appointed? What are his rights and
Duties?
Ans: Synopsis .
1) Introduction
2) Meaning of Receiver
3) Appointment of Receiver
4) Power of Receiver
5) Duties of Receiver
6) Liabilities of Receiver
7) Rights of Receiver
8) Conclusion

1) Introduction
 The main function of the Courts is to protect the legal rights of the individuals in
the society. If the right of an individual has already been infringed, he can get his
right restored by filing a suit in a court of competent jurisdiction.
 When his right is threatened to be infringed, it can be prevented through an order
of the court viz. injunction, appointment of Receiver etc.
 According to Rule 5, a collector may be appointed as a receiver where the
property is land paying revenue to the Government, or land of which the revenue
has been assigned or redeemed, and the court considers that the interests of those
concerned will be promoted by the management of the Collector, the court may,
with the consent of the Collector, appoint him to be receiver of such property 2)
Receiver: Meaning & Definition:
 "The receiver is an important person appointed by the Court to collect and receive,
pending the proceedings, the rents, issues and profits of land, or personal estate,
which it does not seem reasonable to the Court that either party should collect or
receive, or for enabling the same to be distributed among the persons entitled."

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3) Appointment of Receiver :
 In order to prevent the ends of justice from being defeated the Court may, if it is
so prescribed, appoint a receiver of any property and enforce the performance of
his duties by attaching and selling his property.
 The remuneration for the services of the receiver shall be paid by the order of
Court.
4) Power of Receiver (40, Rule 1(1)(d)) :
 A receiver is an officer or representative of the Court.
i) To institute and defend suits.
ii) To realize, manage, protect, preserve and improve the
property. iii) To collect, apply and dispose of the rents and profits.
iv) To execute documents, and
v) Such other powers as it (Court) thinks fit.

 The above powers are subject to discretion of the court.

 A receiver can not sue or be sued without the leave of the court.
 He is entitled to the remuneration fixed by the court for the services rendered by
him.

5) Duties of the Receiver:

 Order 40, Rule 3 of the code speaks about the duties of the Receiver, as stated
below:
1) He has to maintain the accounts properly.
2) He should not delegate his duties/powers.
3) He has a duty to act impartially and should not have any interest in the property
under litigation.
4) Furnish security to account for what he will receive from the property as income.
5) Pay the amount due to the court.
6) Liabilities of the Receiver:
 To submit the reports as specified by the court or,
 To pay the amount due from him as directed by the court
 If the receiver fails to discharge his duties properly, the court may attach his
properties to make good to the parties interested.
 If he is guilty of negligence or willful default, the court may attach his property to
indemnify the loss to that effect.
 He is also liable to deliver the properties at his disposal at the order of the court.

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7) Rights of Receiver
 Receivers are entitled to remuneration as fixed by the court for the services
rendered by them.
 Also, a receiver has to be provided for the loss or expenses incurred by him for
maintaining the property.

8) Conclusion :
 The receiver is an officer of the courts and the subject matter managed by him is
considered to be in custody of the law.
 The court appoints a receiver when the court is of the opinion that neither of the
party should manage the property till the time the matter is decided.
 Any person can become a receiver provided they fulfil the requirements set by the
court.

Q.11) Define ‘Injunction. Explain the grounds and principles to grant a temporary
Injunction.
Ans : Synopsis .
1)introduction
2) meaning
3)kinds of injunction
4) principals of temporary injunction
5) grounds to grant temporary injunction
6) conclusion 1) introduction
 The process of granting an injunction is to alter or maintain the status core which
completely depends upon the circumstances or gravians of the case
 partys to the case can grant temporary permanent or mandatory injunction
 however it is not a right of the parties but injection is one of the remedies which
can be granted by the component court on the equitable principle and the decision
is discretionary one 2) meaning-
 an injunction is an equitable remedy which is a judicial process that compensate
party to refrain from doing or to do a particular act or thing.
 if any person disobey is the order of injunction passed by the competent court then
there can be stiff monetary penalties and even imprisonment in certain
circumstances.

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 section 94, 95 and order 39 of the civil procedure code recently talks about the
injunctions where as the temporary and perpetual in junctions are define under
section 36 to 42 of specific relief act
3) kinds of injection
a) prohibitory injunction
 The computer code can grant the prohibitory injunction to restrain or forbids a
person from doing some act that is the order is passed as not to do any act
 it is also known as preventive or restrictive and junction
b) mandatory injunction
 The competent court can grant the mandatory injunction to do some positive act or
compense commands or order some person to do something in a particular manner
section 39 of specific relief act does not define but category deals with the Grant
of mandatory injunction
 There must be an obligation on the part of the defendant to perform certain acts,
the breach of which obligation must be alleged by the plaintiff Relief must be
impossible by court
c) permanent or perpetual injunctions
 This injunction is granted by the court to rest in the party forever from doing the
act compelled of However this purchase perpetual or permanent injunction can
only be granted after the final hearing and degree has been passed by the court and
this is completely decided on the merits of the case
D) Temporary in junction
 The temporary in junction is being granted by the code when the defendant is
about to make some injury to the property of the plaintiff to dispossess the
property or create a third party interest in the property 4) basic principles of
temperary injunction a) PRIMA FACIE CASE
 In prima facial case the plantiff is given the burden to prove and satisfy the court
by leading evidence or witness that he has a prima facial case in his favour.
 The plative should come to the code with clean any material facts are suppressed
by the plaintiff than in the case the plantive is not liable for any relief
In Martin burn versus RN Banerjee 1958
 The supreme court held that a prima facial case does not mean a cased proved to
the hill but a case which can be said to be established if the evidence lead and
support of the same where believed.
b) irreparable injury

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 The applicant was satisfy the code that he will suffer irreparable injury if the
injunction is not granted.
 The court is satisfied that the plantiff needs to be protected from the consequences
of apprehended injury. An injury will be viewed as irreparable wear in their exist
no certain monetary standards for calculating damages
The injury must be a material one. That is which cannot be adequately compensated by
damages
c) balance of convenience
 The applicant must prove in this application that there is the balance of
convenience must be in favour of applicant that is the comparative mischief
hardship or inconvenience which is likely to be caused to the applicant in the
injection is been refused.
 The balance of convenience comes into the picture when there is doubt as to the
adequate remedies in damages available to either parties or both
5) ground floor granting temporary in junction
 Under section 95 of CPC it is specifically mention that temporary injection may be
granted in any suit wear in the court satisfied the there are sufficient grounds to
grant the temporary injunction
 Section 95 read with order 39 rule 1 and 2 empires the code to pass the temporary
injunction
 when the defendant is about to commit a breach of contract
 any other injury is likely to be caused or likely to be repeated
 where the court is of the opinion that for protection of interest of any party to the
suit or in the interest of justice injection or stay is required and necessary
 when there is an apprehension of Ali nation or disposal of the property to defraud
creditors.
6) Conclusion
 The court has complete discretion to grant an injection or to refuse it
 The discretion to be exercised by the court is shown by the principles mentioned
hearing above and depends on the fact and circumstances of each case
 The relief cannot be cleaned as an affair of right however worth while the
applicants case maybe
 The power to grant an injunction must be there for be exercise without the earth
most vigilance and care

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Q. 12 ) What properties are liable to attachment and sale in execution of decree?

State the exceptions if any .
Ans : Synopsis .
1. Introduction
2. Attachment and sale of the property
3. Properties which can be attached
4. Properties which cannot be attached (exceptions)
5. Case law
6. Conclusion

1) Introduction –
 After filing an application for execution of decree the court can enforce the
execution of the decree.
 It may be enforce by executing court by delivery of property, by attachment
and sale, by arrest and detention in civil prison etc.
2) Attachment and sale of the property –
 Sec 51(b) empowers the court to order execution of decree by attachment and
sale.
 Sec. 6 to 64 and Rule 51 to 57 of order 21 deals with provisions relating to
attachment and sale.
 The court is competent to attach the property if it is situated within the local
limit of the jurisdiction of the court.
3) Properties which can be attached –
 Sec. 60(1) declares that all saleable properties are liable to attachment and sale
of the decree.
 Under sec 60following property is liable to attachment and sale in execution of
a decree ,
1. Land
2. Houses or other building
3. Goods
4. Money and bank notes
5. Cheques, bill of exchange, hundis and securities for money
6. Debts
7. Share in a corporation

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8. All other saleable property, movable or immovable belonging to the

judgment debtor. It is immaterial whether such property is held by the
judgment debtor in his own name or by other person in trust for him.
4) Properties which cannot be attached – (exceptions)
 Sec 60(1) provides that the following twenty kinds of properties are not liable
to attachment and sale.
 The necessary wearing apparel, cooking vessel, bedding of the judgement
debtor, his wife and children and such personal ornaments which with
religious usage cannot be parted with any women.
 Tools of artisans, and if the judgement debtor is a agriculturist then his
implements of husbandry and cattle and in the opinion of the court the things
which are necessary to enable him to earn his livelihood.
 Houses and other building belonging to an agriculturist or a labourer or
domestic servants occupied by him.
 Books of accounts
 A mere right to sue for damages
 Any right of personal service
 Stipends and gratuities allowed to the pensioners of government
 The wages of labourers and domestic servant whether payable in money or in
kind
 One third of the salary in execution of decree for maintenance
 The pay and the allowance of persons to whom the air force act,1950 or army
act or navy act applies
 All compulsory deposits and other sums in or derived from any to which the
provident fund act, 1925 applies
 All deposits and other sums to which Provident fund act,1968 applies
 All money payable under a policy of insurance on the life of judgement debtor
 The interest of lessee of a
Residential building
 A right of future maintenance
 Any allowance declared by any Indian law to be exempt from liability to
attachment and sale in execution of decree
 An expectancy of succession by survivorship
5) Case law-
M.Balarajan v. M. Narasamma

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 It was held that the house of judgement debtor was liable to be sold for execution
of the decree .
6) Conclusion –
 Attachment is the legal term which refers to the action of seizing property .
 The primary object of the attachment is to give notice to the judgment debtor
not to alienate any property to anyone.

Q.13 ) When do the execution proceedings begin and what is the procedure for
Execution of Decrees?
Ans : Synopsis .
1) Introduction
2) Meaning of Execution
3) Execution of Decree and Order
4) When do the execution proceedings begin
5) Subject Matter of Execution
6) Decree which may be executed
2) Meaning of Execution
7) Who may apply for execution
8) Against whom an execution proceeding can be started
9 ) whom an execution application may be made
10) Contents of Application
11) Procedure of Execution
12) Limitation for Execution 13) Stay of Execution Pending suit 14) Mode
of execution:
15) Conclusion
1) Introduction
 S. 36 TO 74 AND O. 21 deals with Execution of Decree.
 In a suit, after the pronouncement of judgment and passing of decree in respect of
the relief given by the Court, the next step is the execution of decree or order.
2) Meaning of Execution
 "Execution is the enforcement of decrees and orders of the Court by the process of
the Court."
As a matter of fact, execution is the formal procedure prescribed by law whereby
the partly entitled to the benefit of a judgment may obtain that benefit.

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3) Execution of Decree and Order:

 Section-36 of the Code lays down that the provision of the Code relating to
execution of decrees (including provision relating to the payment under a decree)
shall, so far as they are applicable, be deemed to apply to the execution of orders.

4) When do the execution proceedings begin

 ( S. 36 TO 74 AND O. 21 ) In a suit, after the pronouncement of judgment and
passing of decree in respect of the relief given by the Court, the next step is the
execution of decree or order.
5) Subject Matter of Execution:
 The subject matter of execution may be either a decree or an order of a Court of
competent jurisdiction.
 Every decree or order of a Court cannot be the subject matter of an execution, but
only those decrees and orders are executable which finally determine and enforce
the rights of the parties at the date when the decree or order is made 6) Decree
which may be executed:
 Before a decree can be executed, it must be both valid and capable of execution.
 The decree put into execution must not be barred under any law. It is the decree
passed by the Court of first instance which can be executed but when an appeal
has been preferred against the original decree, it is the decree of the appellate
Court, which alone can be executed.

7) Who may apply for execution: Rule 10

 An execution proceeding may be started on the application of the -
i) Decree holder- Rule10 of Order 21 ii) Where the decree-holder
is dead, his legal representative-S 146.
iii) Any other person claiming under the decree-holder-S. 146. iv)
Representative of or a person claiming under the decree-holder - S. 146. v)
Transferee of decree-holder, subject to the following
a) Where the decree has been transferred by an assignment,
in writing or by operation of law;
b) The application is to the Court which passed the decree;
8) Against whom an execution proceeding can be started:
 Execution proceeding may be started against the following persons:- a)
Judgment debtor,

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b) When the judgment debtor is dead, against his legal representatives. But the legal
representatives shall be liable only to extent of the property of the judgment debtor
received by them.
c) Representative of or the person claiming under the judgment debtor
d) Surety of the judgment debtor.

9) Court to whom an execution application may be made:

 As per S. 38, an execution application may be filed either in the Court who passed
the decree or in the Court to whom the decree has been transferred for execution.

10) Contents of Application:

 According to Rule 11 of O.21, every application for execution, except in a case of
a money decree, shall be in writing, signed and verified by the applicant or by
some other person acquainted with the fact of the case and shall contain the
particulars like
a) The number of the suit,
b) The name of the parties,
c) The date of the decree,
d) The amount of the decree etc
Rules 11-A, 12, 13, 14 and R. 45(1) of 0.21 should be read together.

11) Procedure of Execution

a) Admission( Admission (Rule17)
 According to Rule17 of 0.21, on receiving an application for execution of a
decree, the Court must admit and register the application, if the Court is satisfied
that the execution application complies with the requirements of Rule 11 to 14. 
Where such application does not comply with the above requirements then the
Court shall allow the defect to be remedied then and there or within a time fixed
by it, and if the defect is not remedied as specified then, the Court shall reject the
application.
b) Hearing Hearing (Rules 105-106)
 O.21 Rules 105 and 106 deal with the hearing of an execution application and
state that when an application is pending then, the Court shall fix a date of hearing
and if the applicant is not present at the time of hearing, the Court may dismiss the
application and when the applicant is present but the opposite party is not present,
the Court may proceed ex-parte hearing and pass an appropriate order.

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 Under Rule 106, an order of dismissal for default or an ex-parte hearing may be
set aside by the court on an application of the aggrieved party where there are
sufficient causes shown to do so.

12) Limitation for Execution:

 Any application for execution of a decree can be filed within 12 years from the
date of the decree while the period of limitation for the execution of a decree for
mandatory injunction is 3 years from the date of the decree .
13) Stay of Execution Pending suit:
Rule 29 of O. XXI deals with "where a suit is pending in any Court against the
holder of a decree of such Court or of a decree which is being executed by such
Court, on the part of the person against whom the decree was passed, the Court
may, on such terms as it thinks fit, stay execution of the decree until the pending
suit has been decided.
14) Mode of execution:
 A decree may be enforced, as specified U/s 51 of the Code of Civil Procedure a)
by delivery of any property specifically decreed;
b) by attachment and sale or by sale without attachment of any property.
c) by arrest and detention in prison for such period not exceeding the period
specified in S. 58,
where arrest and detention is permissible under that section; d)
by appointing a receiver;

15) Conclusion
 Execution means implementing or enforcing or giving effect to an order or a
judgment passed by the court of justice.
 The provisions contained in Order 21 covers different types of situation and
provide effective remedies to the judgment-debtors, claimant objectors and third
parties apart from the decree-holder.

Q. 14) Define inter-pleader suit .Explain the condition and procedure relating to an
inter pleader suit.
Ans: Synopsis .
1) Introduction and meaning:

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 When the plaintiff on behalf of the claimant filed a suit for choosing the actual
owner of the property then it is called an interpleader suit.
 Plaintiff is not in the direct possession of the property or thing, he files a suit.
 There is more than one defendant in this suit. Because in this suit more than one
defendant can file the suit for the claim of property.
Example : Akhil has 2 crores fix deposit. He has two wives and both wives have 1 child.
Both of them claim the money for their child maintenance.
The bank filed a suit in the court to know the order related to the real owner of the money
for the maintenance of the child.
 Inter-pleader suit in CPC Inter-pleader suit in C.P.C is defined in section 88
with order 35.
 When defendants blame each other for the claim of the same property, debt or sum
of money from the plaintiff who is not in the direct possession of the property or
debt and also he doesn’t claim interest and ready to deliver the property and he is
ready to give the property to the claimant.
The suit which is filed related to Res Judicata cannot be instituted in another court.
2)The Object of filing inter-pleader suit:
 The suit is filed when the object is to be claimed by the defendants.The claim of
the suit gets adjudicated.
 The suit is filed when any person in any condition cause death and has left some
of the property without transferring to other members of the family then that other
family member has to claim the property or money from the bank and then the
bank has to become claimant to file a suit in the court to decide whomever.
3)Conditions of Interpleader suit:
 Debt, money, property either movable or immovable in the dispute.
 Two defendants are there in the suit.
 Both defendants can claim each other for the property or money.
 The person who has to pay the debt to the defendant is not valid for any interest.
 The Claimant is willing to pay the debt, or some amount of money, or property to
the defendant.
 Suits are not pending in this.
 This suit cannot be filed twice if the judgment is given in Res judicata.
4)Procedure for Inter-pleader Suit:
 The procedure to file an inter-pleader suit has been laid out in order 35 of CPC.
The following additional facts must be stated in the plaint of an inter-pleader suit.

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 The plaintiff claims no interest in the subject matter in dispute other than the
charges and cost.
 The claims have been made by the defendants severally.
 There is no collusion between the plaintiff and any of the defendants.
 At the first hearing, the court may declare the plaintiff discharged from all
liability, award him the cost and dismiss him from the suit.
 And based on available evidence, the court may adjudicate the matter.
 In case of lack of evidence, the court may frame issues and try them by making
one of the claimants, the plaintiff, in lieu of or in addition to the original plaintiff
and shall proceed in the suit in an ordinary manner.
5)case law:
It was held in jaganath vs tulka hera 1908
 that a suit does not become an inter-pleader suit simply because the plaintiff
requires the defendants to interplead with each other on one of the plaint’s prayers.
6)The Person Who May Not Institute Interpleader Suit According
to rule 5 of order 35of the Civil Procedure Code:
 An agent cannot sue his principal,
 A tenant cannot sue his landlord,for the purpose of compelling them to interplead.
7) Conclusion:-
At last, as per the above-stated matter, it is clear that an interpleader suit is
actually between the defendants. The plaintiff cannot claim any interest in the
subject matter of such suit except the charges and the costs as admissible to him
under the law.

Q.15) State the provision regarding reference revision and review state the grounds
for revision who can apply for revision and under hot circumstances
Answer : Synopsis .
1) Introduction
2) Reference
3) Review
4) Revision
5) Grounds for revision
6) Case law
7) Conclusion

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1 ) Introduction:-
 According to the code of civil procedure 1908 when a party is aggrieved by the
degree pass by the court so that so that person can go for appeal but there are
many cases in which an aggrieved person does not need to waif for the final
judgement and here the reference review revision takes place.
 It is possible that file dealing with the case women occur so this concept are
important.

2. Reference (section 113 ) :-

 Lower court will approach and request the higher codes for any technical doubt of
legal provision. And because of these the chances of incorrect judgement will get
reduce
A) Conditions to use reference
 Any doubt relating to the law act ets
 If the court felt that it is going beyond the direction
 Hindu court feels that it will provide your in judgement
 The suit is pending
B) Who can apply for reference
 Application made by the party in the suit
 Suo-moto ( lower court)
C) What will be the effect of reference
 Reduce the chance of appeal
 Saves time of the parties
 Provide error free justice
3) Review ( sec- 114):-
 According to section 114 of CPC if a person is not happy with the judgement pass
by the court then in such case that aggrieved person can apply for the review in the
same code that has pass the order or judgement
 Because of review the court can recheck its own judgement or order and the court
can correct them accordingly.
A) Hot wheel be the grounds of review
 When appeal is not preferred by the parties
 No provision for appeal in certain cases
 If the small causes court pass the degree or order
 Error occurred

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 Pound new facts relating to the case.

B) Time limit to file review
 30 days
C) Who can make review
 The party who is aggrieved by the judgement can apply for review and
the same judge who has passed that judgement can make the review
how ever if that some judges is not available then in such case other
judge who is in charge of that code can remove the case
4 ) Revision:- ( sec 115)
If the lower court has worked with expressive direction then in such case the
application can be made before the higher court for the same
A) When revision can be made
 The suit is decided by the lower court
 And that suit is decided be on the jurisdiction of the lower court
B) Time limit to apply for revision
90 days
5) Grounds for revision
1) grave errors of law
2) procedural irregularities.
3) jurisdictional Errors
4) ) discovery of new evidence
5) violation of fundamental right
6) error of fact
6 ) case law
1) Major s.s.Khanna v Bring.f.J Dillion
 In in the leading case of major s. S Khanna v. bring F.J. Dillion it was held that
by the supreme court that the court has to take into consideration several factors
before exercising the revisional jurisdiction one of the that is considered is the
availability of an alternative remedy pain and alternative and efficacious remedy is
available to the agreed party then the court may not exercises its revisional power
under section 115 of the code
2) shivdeo singh V state of Punjab
 The court of plenary jurisdiction such as a rare court in order to prevent a
miscarriage of justice and to correct grave errors has been empowered to review
its orders on the leading case law regarding these context is shivdeo singhV state
of Punjab in which the same was discussed

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3 ) Ramakant bindal v state of UP

 The court of civil judicature can refer the case to the high court either on an
application made by the party or SUO Moto as held in the case of Ramakant
bindal versus state of UP no reference can be made by a tribunal
7) Conclusion :-
 Application for review revision and reference do not deal with facts or evidence of
the case they are only bass on technical grounds to error is human every woman
being commits a mistake judges are also women being so there are changes for
them to commit mistake

Q.16 ) Under what circumstances can a civil court make reference to the high court
regarding any questions of law arising in the cases .
Ans: Synopsis
1) Introduction
2) Definition of reference
3) Object of reference
4) Case law
5) Conclusion
1) Introduction .
 Reference is dealt under Section 113 of the Code. It mentions that a subordinate
court can refer a doubt to the High court where the former thinks that there should
not be misinterpretation with regard to any law.
 This is called a reference. No party to the suit has the right to apply for reference.
2) Definition of reference .
 The concept of reference in CPC occurs when a lower court seeks guidance from
the High Court on a legal matter.
 This typically happens when the lower court encounters reasonable doubt
regarding a legal question during a civil suit, appeal or execution proceeding.
In simple terms, a reference involves asking the High Court for its opinion on a
legal issue.
3) Object of reference
 The main purpose of reference under CPC is to enable lower courts to seek the
High Court’s opinion in non-appealable cases, ensuring clarity on legal matters
and preventing irreversible errors.

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 The provision also serves to guarantee that the highest court in the state interprets
and decides the validity of legislative provisions (Acts, Ordinances or regulations).
4) Circumstances can a civil court make reference
 If there is reasonable doubt regarding the question of law, subordinate courts can
exercise the right of reference under the following situations when:
 A question as to the validity of any act, rule, regulation, ordinance, etc., arises in
the court where the suit is being entertained
 The court is of the opinion that such act or any other provision of law is invalid
(“ultra vires” means “beyond the powers”) or inoperative
 Such question on the provision of law is never before made invalid either by the
High court or Supreme court
 It is pertinent for determining the validity of such provision of law for disposal of
the suit
 Order 46 of the Code lays down the conditions which should be satisfied by the
subordinate court in order to make a reference to the High court. They are:
 The suit or appeal must be pending wherein no further appeal lies from decree or
order of such suit or appeal respectively
 The question of law must arise during the course of proceedings, i.e., the
pendency of the suit
 The court must be entertaining the suit from which such doubt regarding the
question of law has arisen
 Where such reference has been made to the High court, the subordinate court may
pass a decree, taking into consideration, the opinion of the High court. 5) Case
law
In the case of L.S Sherlekar v. D.L. Agarwal,
 it was established that if the High Court answers the question in favour of the
plaintiff, the decree is confirmed. Conversely, if the High Court’s response is
unfavorable, the suit is dismissed.
6) Conclusion
 A reference under CPC occurs when a subordinate court seeks the High Court’s
opinion on a legal matter during a pending suit, appeal or execution proceeding.
Governed by Order 46, the referring court formulates a legal question, stays
proceedings or issues a contingent order and sends the question to the High Court.

Q. 17) Explain the concept of limitation, and explain the salient features of the
Indian limitation Act 1963.

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Ans: Synopsis
1) Introduction
2) Meaning of Limitation
3) Silent features of Indian Limitation Act
4) Case law
5) Conclusion
1) Introduction
 The law of limitation specifies the statutory time frame within which a person may
initiate a legal proceeding or a legal action can be brought. If a suit is filed after
the expiry of the time prescribed it will be barred by the Limitation..
2) Meaning of Limitation
 The term limitation should be literarily interpreted as the term itself states it’s
meaning i.e. restriction or the rule or circumstances which are limited.
 It means that the circumstance under which legal remedy is obtained is barred by
time as per the law.
 The law of limitation specifically prescribes a particular time limit during which
an aggrieved party shall approach the court to receive the legal remedy.
 As per the law of limitation, no court shall have the jurisdiction to try a suit, or
entertain an application or appeal, if it is filed after the prescribed period.
 This prescribed period has been specifically highlighted under the schedule of the
Limitation Act, 1963 with the head “period of limitation”. 4)
The Salient Features of the Limitation Act:
 The Limitation Act contains 32 Sections and 137 Articles. The articles have been
divided into 10 parts.
 There is no uniform pattern of limitation for the suits under which the
classifications has been attempted.
 The limitation period is reduced from a period of 60 years to 30 years in the case
of suit by the mortgagor for the redemption or recovery of possession of the
immovable property mortgaged, or in case of a mortgages for the foreclosure or
suits by or on the behalf of Central Government or any State Government
including the State of Jammu and Kashmir.
 Whereas a longer period of 12 years has been prescribed for different kinds of
suits relating to immovable property, trusts and endowments.
 A period of 3 years has been prescribed for the suits relating to accounts, contracts
and declarations, suits relating to decrees and instruments and as well as suits
relating to movable property.

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A period varying from 1 to 3 years has been prescribed for suits relating to
tortsand miscellaneous matters and for suits for which no period of limitation has
been provided elsewhere in the Schedule to the Act.
 It is to be taken as the minimum period of seven days of the Act for the appeal
against the death sentence passed by the High Court or the Court of Session in the
exercise of the original jurisdiction which has been raised to 30 days from the date
of sentence given.
 The Limitation Act, 1963 has a very wide range considerably to include almost all
the Court proceedings. The definition of ‘application’ has been extended to
include any petition, original or otherwise.
 The change in the language of Section 2 and Section 5 of the Limitation act, 1963
includes all the petition and also application under special laws.
 The new Act has been enlarged with the definition of ‘application’, ‘plaintiff’ and
‘defendant’ as to not only include a person from whom the application is received,
Plaintiff or defendant as the case may be derives his title but also a person whose
estate isrepresented by an executor, administrator or other representatives.
 Sections 86 and Section 87 of the Civil Procedure Code, requires the consent of
the Central Government before suing foreign rulers, ambassadors and envoys. The
Limitation Act, 1963 provides that when the time obtained for obtaining such
consent shall be excluded for computing the period of limitation for filing such
suits.
 The Limitation Act, 1963 with its new law signifies that it does not make any
racial or class distinction since both Hindu and Muslim Law are now available
under the law of limitation as per the existing statute book.
5) Case law
In the matter of Syndicate Bank v. Prabha D. Naik, (AIR 2001 SC 1968)
 the Supreme Court has observed that the law of limitation under the Limitation
Act, 1963 does not make any racial or class distinction while making or
indulging any law to any particular person.
6) Conclusion
 The law of limitation prescribes the time within which a person can enforce
his legal right. This Act keeps a check on the cases so that they are not
dragged for over a long time.
 This Act also recognizes the fact that there are situations when persons
instituting a suit or preferring an appeal for a genuine cause are unable to

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institute a suit within the time prescribed in the Act and the same criteria
cannot be applied to every situation.
Q.18) What is legal disability state the protection provided under the limitation act
to persons suffering from legal disability and its extent.
Ans: Synopsis : ( Written by Kajal Kale )

1. Introduction
2. Need for recognition of legal disability.
3. What is legal disability (section - 6)
4. Kinds of legal disability [section – 6(1)]
• Minor
• Insanity
• Idiot
5.Relevant case laws.
6.Conclusion
1) Introduction :
 Section 6 of The Limitation Act, plays a significant role in determining the
timeframe within which individuals or their legal representatives can file suits.
 It can be described as a period of “cooling off”
 During which individuals or their legal representatives are barred from initiating
legal proceedings due to certain constitutional disabilities.
 Such disabilities may include minorities, insanity or incompetence.
2) Need for recognition of legal disability :
 However, due to physical or mental incapacity, is unable to file a suit or make an
application.
 In such cases, the need for additional rights and benefits for individuals with
disabilities.
3) What is legal disability (section - 6)
 Lack of legal capacity to perform an action due to insufficient physical and mental
abilities.
 It denotes the incapacity of a person to exercise all the legal rights that an average
person possesses.
 Section 6 of the Act says, a minor, insane or mentally disabled.
 Such a person can file a suit or make an application once the disability ends, as
specified in the Act’s schedule.

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 If a person is affected by multiple disabilities, they can file a suitwhen both

disabilities cease.
 According to this section, the term “minor” encompasses a child in the womb of
the mother.
4) Kinds of legal disability [section- 6(1)]
 Section 6(1) of the Limitation Act, 1963 provides three types of legal disabilities.
 Minor : According to section3(2) of the Indian Majority Act, 1875.
 The Indian Majority Act also considers a child in the womb as a minor.
In cases where the court appoints a guardian for the welfare of a minor before they
turn eighteen, the age of the minority is extended to 21.
 Insanity : The S.C. in the case of S.K. Yadav v. State of Maharashtra, discussed
the concept of legal insanity.
 The court held that legal insanity is recognized by the courts, as distinct from
medical insanity.
 But even if medical insanity is established in lower courts, it must be proven again
in higher courts.
 To determine whether a person is legally insane, their behavior, antecedents and
events before, during and after the incident must be considered.
 Idiot : In the case of Hari Singh Gond v. State of Madhya Pradesh,
 S.C.defined four sub-types of non-compos mentis, including “idiot.”
 An idiot is someone who is unable to count the days of the week, lacks sane
memory since birth and cannot count up to twenty.
5) Relevant case laws :
 Darshan Singh v. Gurdev Singh
 Section 6 of theAct allows minors, cowards or idiots to make an application within
the specified time period after the legal disability has ended.
 However, the extension of the limitation period under Section 6 is subject to the
condition that the period of extension does not exceed three years after the death
or termination of the legal disability under Limitation Act.
 BapuTatya Desai v. BalaRaojee Desai
 This case highlights that Section 7 of the Limitation Act is meant to restrict the
indulgenceavailable to minors.
 The benefit of Section 6 should not extend to a significantly longer period but only
until the eldest of the minors reaches the age of majority.
6) Conclusion :

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 The Limitation Act incorporates various sections, namely Sections 6, 7, 8 and 9, to

address different aspects of legal disability.
 These sections collectively define the parameters within which legal disability
operates.
 Section 6 serves as the primary provision, while Sections 7, 8 and 9 further expand
on specific situations where legal disability under Limitation Act may apply.

Q.19) Explain how the Object of expedite the disposal of civil suit in proceeding so
that justice may not be delayed is achieved by Amendment in C.P.C.1908 .
w.e.f.1-7 .2002.
Ans: Synopsis .
1) Introduction
2) Code of civil Procedure (Amendment) Act 2002.
3) Key highlights of the Amendment Act 2002.
a) Transfer of Decree (sec.39).
b) private alienation of property After attachment to be void (sec.64).
c) No Second appeal in certain cases (section 102).
d) Issue and service of summons (order v).
e) Plaint (order vii).
f) Written statement, set-off and counter-claim (Order viii).
g) Appearance of Parties and consequence of non-appearance (Order
IX).
h) Hearing of the suit and examination of witnesses (order XVlll).
i) Judgement and Decree (order xx).
j) Execution of Decree (order xxi).
4) Conclusion .

1) Introduction :-
 Dynamic legislation this ensures Law is open to changes to accommodate the
community's demanding demands. Changes to restore equilibrium.
 The main principle of Law is based on the latin maxim "Salus Populi Supreme
Lex esto " meaning The good of the people is the supreme Law.

2) Code of civil procedure (Amendment)Act 2002.:-

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 Due to delay in ensuring multi-stage litigation justice parliament passed the 2002
civil procedure code (Amendment)Act.
 The failure of the 1999 Amendment Act target i.e.Speedy and expeditious trial led
to remove the delay faced at the various levels of litigation.

3) Key highlights of the Amendment Act 2002.: a) Transfer of Decree (sec. 39):
 In the case of an Appeal for the transfer of a decree to another Court for
Execution Firstly that the subject matter of the Decree has the moral right not only
the vonstiyitional right to have the Decree Secondly that, that clause is not
relevant. .

b) private alienation of property after attachment to be void (sec.64) :---

 The law Commission recommended that the following exception should be added
below Section 64..
Exception: -Nothing in this Section applies to Any private transfer or delivery Of the
property attached.

c) No second appeal in certain cases (sec.102) :--

There is no second appeal in any suit of a nature recognized by the Court small
causes where the amount or value of The subject matter of the original suit does not
exceed three thousand rupees.

d) Issue and service of summons (order v) :-

 The 2002 Reform Act revised Rule 1(Summons) Rule 9(Delivery of summonses
by the Court) and Rule 9A(summons to the claimant for service) of order V.

e)Plaint (order vii) :-

 By the code of civil procedure (Amendment )2002 Rule 9(claim acceptance
Procedure,).Rule 11 (claim rejection).and Rule 14 (claim rejection) have been
revised. and Rule 18 (claim rejection) has been omitted.

f) written statement set-off and counter-claim (order viii) :-

 Rule 1(Written Declaration) Rule 1A(Written statement) Rule 9(subsequent
pleading) and Rule 10(procedure where the party fails to send a Written statement
required by the court) have been Amended

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g) Appearance of parties and consequence of non-appearance (order ix):---

 Rule 2(Dismissal of suit where summons not served in consequences of plaintiffs
failure to pay costs) was substituted by code of civil procedure(Amendment) Act
2002.
 The Proviso to the Rule State that no such Order shall be made, if
notwithstanding such failure the defendent attends in person or by agent .
h) Hearing of suit and examination of witness (order xviii):-
 Rule 2 (statement and creation of evidence) .Rule 4(Recording of evidence) were
revised by the registration on the code of civil procedure (Amendment) of 2002.
 Sub- Rule 3A.3B.3C.3D.of Rule 2 of the code of civil Procedure (Amendment)
Act 2002.has been added.

i) Judgement and Decree (order .xx)

 Rule 1 was amended by the legislation on the code of civil procedure
(Amendment) of 2002.
 Sub-secction 1 Of the Rule 1 was repealed By the legislation on the code of civil
procedure (Amendment) 2003.

j) Execution of Decree (order .xxi):-

 Rule 32.and Rule 92.were revised by the legislation on the rule of civil procedure
(Amendment) of 2002.
A clarification has been added according to sub-rule 5.of rule 32..it says that in order
to eliminate concern the phrase "'Act needed to be completed "' extends to all
prohibitive and obligatory injunctions.
 In sub -Rule (2. ) of Rule 92 the words "thirty days "' were replaced by the words
" sixty days"' .

4) Conclusion
 Such court rulings result in undue delays the 2002 Amendment Act set out a number
of time limits which connect both the complainant and the defendent at each point
of the conflict. These constrains have contributed to the speeding up of the legal
process.

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Q .20 ) “The laws assist those who are vigilant; not those who sleep over their
rights.” Limitation Act 1963

Ans: .
1)Introduction:
 ( vigilanti bus non dormienti bus jura sub veniunt) Therefore, legal remedies must
be sought within the period of limitation prescribed by the statutes.
 Section 2 (j), " period of limitation " means the period of limitation prescribed for
any suit , appeal or application by the Schedule to the Act.
 "prescribed period" means the period of limitation computed in accordance with
the provisions of this Act.
 In India, such period for criminal cases is prescribed u/s 468, Code of Criminal
Procedure, 1973. For civil cases, Limitation Act, 1963 is applicable.
2)Some Examples as given Schedule
Suit Period of Time from which period begins to run
limitation in
years
For Arrears of rent 3 Date of Payment
For Possession of 12 The date of dispossession
immovable property

 So Every suit instituted, appeal preferred, and application made after the
prescribed period shall be dismissed. (S 3)
Where the prescribed period expires on a day when the court is closed , the suit,
appeal or application may be instituted, preferred or made on the date when the
court reopens .
 ( S. 4 ) Extension of prescribed period in certain cases-(Sufficient Cause Theory)
(S) Any appeal or any application, other than an application under any of the
provisions of Order XXI of the CPC, 1908.
3)LEGAL DISABILITY (S. 6) Minor/
Insane/ Idiot

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 Where a person entitled to institute a suit or make an application for the execution
of a decree, is at the time from which the prescribed period is to be calculated, a
minor or insane, or an idiot, he may institute the suit or make the application
within the same period after the disability has ceased.
 Where such person is, at the time from which the prescribed period is to be
reckoned, affected by two such disabilities, or where, before his disability has
ceased, he is affected by another disability, he may institute the suit or make the
application within the same period after both disabilities have ceased.
 Where the disability continues up to the death of that person, his legal
representative may institute the suit or make the application within the same
period after the death.
4) COMPUTATION OF PERIOD OF LIMITATION.
 Exclusion of time in legal proceedings(S)
 In computing the period of limitation for suit/appeal/ application, the day from
which such period is to be calculated, shall be excluded. In computing the period
of limitation for an appeal/revision/review of a judgment, the day on which
judgment was pronounced and the time requisite for obtaining a copy of the
decree, sentence or order shall be excluded. In computing the period of limitation
for an application to set aside an award, the time requisite for obtaining a copy of
the award shall be excluded.
5)Exclusion of time of proceeding in court without jurisdiction.
 In computing the period of limitation for any suit, the time during which the
plaintiff has been prosecuting with due diligence a civil proceeding in a court
having no jurisdiction, shall be excluded. 6)Exclusion of time in certain other
cases(S)

 In computing the period of limitation of any suit or application for the execution
of a decree, the institution or execution of which has been stayed by injunction or
order, the time of the continuance of the injunction or order, the day on which it
was issued or made, and the day on which it was withdrawn, shall be excluded.
 In computing the period of limitation for any suit of which notice has been given,
or for which the previous consent or sanction of the government or any other
authority is required, the period of such notice or, as the case may be, the time
required for obtaining such consent or sanction shall be exclude.

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7)ACQUISITION OF OWNERSHIP BY POSSESSION.

 Acquisition of easement by prescription (S. 25): Where the access and use of light
or air to and for any building have been peaceably enjoyed as an easement , and as
of right , without interruption , and for twenty years,where the property over
which a right is claimed belongs to the government, "thirty years" 8)Effect of
fraud or mistake:
period of limitation shall not begins to run until the plaintiff or applicant such fraud or
mistake or could with reasonable diligence have discovered it.
9)Effect of Acknowledgement in writing:
 before expiration of the prescribed period for a suit in respect of property an
acknowledgement of liability has been made in writing signed by the party against
whom the such property claimed.
 When fresh period shall be computed when acknowledgment was so signed.
10)filling :-
 an appeal at the high court in a civil suit from the lower court must be done within
90 days of its decree or order if aggrieved party approached a high court after
such period then appeal would not be entertained .
Case law :Nacinchandra N vs State of Maharashtra 2000.
11)Conclusion:
 The maxim refers to the obligation of individuals to not only be aware of their
right under the law but also to be vigilant while exercising or using the same.

Q. 21) Explain condonation of dealy and state the circumstances under which it can
be made by court.

1) Ans: Synopsis: Introduction

2) What is condonation of delay
3) Sufficient Reason
4) Time limit for specific cases

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5) Instances where condonation can be granted

6) Case law 7) Conclusion 1)Introduction:

 Limitation act passed in 1963 sets a time limit for filing an application or a suit in
any court or tribunal. The act clearly specifies the factors that authorities must
consider while they set a time limit for appeals and suits.
 Section 5 of the Limitation Act, 1963 provides for condonation of delay.
According to this provision, if any party has sufficient reason for not being able to
file their application within the restricted time period, courts can consider the
party’s request if the provided reasons satisfy them.
2) What Is Condonation of Delay?
 Condonation of delay refers to an exception in which courts or other bodies cannot
reject the appeal filed by a party on the ground that there is a delay in filing the
suit. If the party can provide sufficient reason for the delay in filing the appeal,
courts having discretionary jurisdiction can condone that delay.
3) Sufficient Reason:
 There is no proper definition of the term 'sufficient reasons', and it has been left to
the court's discretion. They can consider the facts and situation of each case before
making a decision.
4) Time limit for specific cases :
 Any suit relating to accounts, contracts, and movable properties has a time limit of
3 years.
 Any immovable property-related suit has a time span of 12 years, and cases
related to mortgaged properties have a time restriction of 30 years.
 A tort suit will have a time span of 1 year. However, the compensation cases come
with a time restriction of 3 years. Additionally, offences involving the Criminal
Procedure Code and Code of Civil Procedure have a time limit of 30-90 days.
5) Instances where condonation can be granted:
The following are the instances where condonation can be granted:
 Subsequent changes in the law.
 Illness of the party: It includes the nature and severity of disease and facts
encompassing the failure to act.

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 Imprisonment of the party: However, mere detainment is not sufficient to cause.

Varies on a case-to-case basis.
 Party is a pardanashin woman.
 Party belongs to a minority group with insufficient funds.
 Poverty or paupers.
 Party is a government servant: A government servant may not have an incentive
in fulfilling the task. Therefore, a certain latitude is permissible in such a case.
 Delay due to the pendency of the writ petition.
 Party is illiterate.
 Other adequate grounds: Mistake of Court, Mistake of Counsel, Delay in getting
copies, mislead by rulings, etc.
6) Case law:
Shakuntala Devi Jain v. KuntalKumari
 In this case, the question before the Court was whether the delay in filing appeal
should be condoned under Section 5 of the Limitation Act.
 As laid down in this case, Section 5 of the Limitation Act gives Court discretion,
which has to be exercised in a way in which judicial power and discretion ought to
be exercised upon well-understood principles.
 The words “sufficient cause” need to receive a liberal construction. The Bench of
three Judges held that unless want of bona fides of such inaction or negligence as
would deprive a party of the protection of Section 5 is proved, the application
must not be thrown out or any delay cannot be refused to be condoned.
 The appeal was allowed and the delay was condoned. 7) Conclusion

 The Law of Limitation and Condonation of Delay are two effective tools for
effective litigation and quick disposal of cases. The Law of Limitation ensures that
the case is filed within the prescribed period so as to avoid unnecessary delays.

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