CPC Unit 3

1. Exparte Decree
Synopsis

An Exparte Decree is a court judgment delivered in the absence of the

defendant. This often occurs when the defendant fails to appear in court
despite being duly summoned. Remedies against an Exparte Decree
include filing an application to set aside the decree, appealing the decree,
or applying for a review.

2. Introduction

An Exparte Decree is a significant aspect of civil procedural law in India. It

is pronounced by a court when one party does not appear despite being
given sufficient notice. The Code of Civil Procedure, 1908 (CPC) provides a
framework for dealing with such decrees, including various remedies
available to the aggrieved party.

3. Body

Exparte Decree: Definition and Legal Context

An Exparte Decree is rendered when the defendant, though duly served,

fails to appear in court on the scheduled date of hearing. According to
Order IX, Rule 6 of the CPC, if it is proved that the summons was duly
served, the court may proceed ex parte and decide the case in favor of
the plaintiff.

Landmark Case Laws

1. Sangram Singh v. Election Tribunal, Kotah, AIR 1955 SC 425:

This case emphasized that the defendant must be given a fair
opportunity to present their case, but if they fail to appear without
sufficient cause, the court is justified in proceeding ex parte.

2. Bhagmal v. Daryao Singh, AIR 1981 SC 533: The Supreme Court

held that the court should ensure that the defendant had a
reasonable opportunity to appear and defend themselves before
passing an exparte decree.

3. G.P. Srivastava v. R.K. Raizada & Ors, (2000) 3 SCC 54: The
court elaborated on the circumstances under which an exparte
decree could be set aside, focusing on the requirement of showing
"sufficient cause" for non-appearance.

Remedies Against Exparte Decree

1. Application to Set Aside Exparte Decree:

 o Under Order IX, Rule 13 of the CPC, the defendant can apply
to the same court that passed the exparte decree to set it
aside by showing "sufficient cause" for their absence.

o The court, if satisfied with the reasons, may set aside the
decree and restore the suit.

2. Appeal:

o The defendant can appeal against the exparte decree under

Section 96(2) of the CPC.

o This remedy is typically pursued if the application to set aside

the decree is unsuccessful or if there are substantial grounds
indicating that the decree is erroneous on merits.

3. Review:

o Under Order XLVII, Rule 1 of the CPC, the defendant can file a
review petition if there is a discovery of new evidence or an
error apparent on the face of the record.

o This is a narrower remedy compared to appeal and is used in

specific circumstances where the exparte decree is based on a
clear mistake.

4. Conclusion

An Exparte Decree represents a critical balance between the necessity to

administer justice efficiently and the need to ensure fair participation by
both parties. The remedies available under the CPC—setting aside the
decree, appealing, and reviewing—offer the defendant multiple avenues
to seek redressal, thereby upholding the principles of natural justice.

2. What is a decree? What are the modes of execution of

a decree?
Synopsis

A decree is a formal and authoritative order issued by a court that

conclusively determines the rights of parties in a civil case. Modes of
execution of a decree include delivery of property, attachment and sale of
property, arrest and detention, and appointment of a receiver, among
others.

2. Introduction
In civil law, a decree is a crucial judicial decision that resolves the
substantive issues of a lawsuit. The decree may include directions for
execution, which is the process by which the successful party ensures
compliance with the court's order. The Code of Civil Procedure, 1908
(CPC), outlines various modes for the execution of decrees, ensuring that
justice is effectively administered.

3. Body

Definition of Decree

A decree is defined under Section 2(2) of the CPC as the formal expression
of an adjudication by a court that conclusively determines the rights of the
parties with respect to all or any of the matters in controversy in the suit.
It can be a preliminary or final decree, or partly preliminary and partly
final. The key characteristics of a decree are:

1. It is an adjudication by a court.

2. It conclusively determines the rights of parties.

3. It is related to the matters in controversy in the suit.

4. It is formal and is followed by a judgment.

Modes of Execution of a Decree

The execution of a decree is the process by which the judgment of a court

is enforced. The CPC provides several methods for execution, depending
on the nature of the decree.

1. Delivery of Property:

o Movable Property: Under Order XXI, Rule 31, the court may
order the delivery of movable property to the decree-holder.

o Immovable Property: Under Order XXI, Rule 35, the court

may direct the delivery of possession of immovable property
to the decree-holder.

2. Attachment and Sale of Property:

o Attachment: The court can order the attachment of both

movable and immovable property of the judgment-debtor
under Order XXI, Rule 41 and 54.

o Sale: After attachment, the property can be sold to satisfy the

decree amount under Order XXI, Rule 64. The proceeds from
the sale are then used to pay the decree-holder.

3. Arrest and Detention:

 o Under Order XXI, Rule 37, the court can issue a warrant for the
arrest of the judgment-debtor. The debtor can be detained in
civil prison until the decree amount is paid or settled.

4. Appointment of a Receiver:

o Under Order XL, Rule 1, the court can appoint a receiver to

manage the property of the judgment-debtor. The receiver
collects and manages the property or rents and profits until
the decree is satisfied.

5. Garnishee Orders:

o The court may issue orders to third parties (garnishees) who

owe money to the judgment-debtor to pay the decree-holder
directly under Order XXI, Rule 46.

6. Attachment of Salary:

o For salaried individuals, the court may attach a portion of their

salary to satisfy the decree under Order XXI, Rule 48.

7. Execution by Cross Decrees and Cross Claims:

o If there are mutual decrees or cross-claims between the

parties, the court can set off the amounts under Order XXI,
Rule 18.

Landmark Case Laws

1. Kiran Devi v. Bihar State Sunni Wakf Board, (2004) 7 SCC

657: This case discusses the scope of executing a decree and the
court's power to order the delivery of possession.

2. Rajasthan Financial Corporation v. Man Industrial

Corporation Ltd., (1969) 2 SCC 438: The Supreme Court
elaborated on the various methods of executing a decree and the
importance of compliance with procedural rules.

4. Conclusion

A decree is a vital instrument in the administration of civil justice,

embodying the court's final decision on the rights and obligations of the
parties involved. The CPC provides multiple methods for the execution of
decrees, ensuring that the decree-holder can enforce their rights
effectively. Understanding these modes of execution is essential for legal
practitioners and litigants alike to navigate the post-judgment phase of
litigation.
 3. Who can apply for setting aside execution? When
can it be set aside?
1. Synopsis

An application for setting aside execution can be made by any aggrieved

party, typically the judgment-debtor. The execution can be set aside on
grounds such as fraud, lack of jurisdiction, or procedural irregularities.
Specific provisions under the Code of Civil Procedure (CPC) guide this
process.

2. Introduction

Setting aside execution refers to the legal mechanism through which a

party challenges the enforcement of a decree. The CPC provides a
framework for aggrieved parties to seek relief against the execution of a
decree under certain conditions. This ensures the protection of parties
from unlawful or unjust execution proceedings.

3. Body

Who Can Apply for Setting Aside Execution?

1. Judgment-Debtor:

o The primary party entitled to apply for setting aside execution

is the judgment-debtor, who is the individual or entity against
whom the decree is being enforced.

2. Third Parties:

o In certain cases, third parties who claim to have an interest in

the property being executed upon may also apply. This is
typically seen when the property attached or sold does not
belong to the judgment-debtor.

3. Legal Representatives:

o Legal representatives of a deceased judgment-debtor can

apply for setting aside execution if they believe the execution
process is flawed or unjust.

When Can Execution Be Set Aside?

1. Fraud:

o If the execution is obtained by fraud, the aggrieved party can

apply to set it aside. This includes instances where the decree-
holder misrepresents facts or engages in deceitful practices to
obtain execution.
 o Landmark Case: In Ram Chandra Singh v. Savitri Devi,
(2003) 8 SCC 319, the Supreme Court emphasized that a
decree obtained by fraud is a nullity and can be challenged at
any stage.

2. Lack of Jurisdiction:

o If the court that passed the decree or the court executing the
decree lacks jurisdiction, the execution can be set aside.
Jurisdictional defects make the execution process invalid.

o Landmark Case: In Kiran Singh & Ors. v. Chaman

Paswan & Ors., AIR 1954 SC 340, the Supreme Court held
that a decree passed without jurisdiction is a nullity and can
be challenged at any time.

3. Procedural Irregularities:

o Execution can be set aside if there are significant procedural

irregularities, such as improper service of notice, non-
compliance with statutory requirements, or violation of
principles of natural justice.

o Landmark Case: In Mahabir Singh v. Naunihal Singh, AIR

1983 SC 446, the court highlighted the importance of
following procedural rules and set aside an execution that did
not comply with due process.

4. Mistake or Misunderstanding:

o An execution can be challenged if it is based on a mistake or

misunderstanding of facts or law. This includes clerical or
arithmetical mistakes in the decree.

o Landmark Case: In Bhavan Vaja & Ors. v. Solanki Hanuji

Khodaji Mansang & Anr., AIR 1972 SC 1371, the Supreme
Court addressed the setting aside of execution based on
mistakes apparent on the face of the record.

5. Satisfaction of Decree:

o If the decree has been satisfied or adjusted, the judgment-

debtor can apply to set aside the execution by proving that
the decree-holder is executing a satisfied or adjusted decree.

o Landmark Case: In Bhawan Singh v. Ashok Kumar,

(2001) 5 SCC 569, the court held that execution of a
satisfied decree is impermissible.
 6. Non-Compliance with Conditions of Decree:

o If the execution is sought in violation of any conditions

specified in the decree, it can be set aside. For example, if the
decree mandates certain preconditions to be met before
execution, non-compliance can be a ground to challenge it.

4. Conclusion

The provisions for setting aside execution of a decree ensure that justice
is not only delivered but also perceived to be delivered in a fair manner.
By allowing judgment-debtors and other aggrieved parties to challenge
unlawful execution, the legal system maintains its integrity and upholds
the principles of natural justice.

4. What is an Interim Order?

1. Synopsis

An interim order is a temporary court order issued during the course of

litigation to provide immediate relief and maintain the status quo until the
final resolution of the case. These orders can be crucial in preventing
harm or injustice to any party involved in the ongoing proceedings.

2. Introduction

Interim orders are essential tools in the judicial process, allowing courts to
address urgent matters that arise during litigation. These orders ensure
that the interests of the parties are safeguarded while the case is being
adjudicated. The Code of Civil Procedure, 1908 (CPC), and various other
legal statutes provide the framework for issuing interim orders in India.

3. Body

Definition of Interim Order

An interim order is a temporary ruling by a court intended to provide

provisional relief to one of the parties in a legal dispute. It remains
effective until the court issues a final order or judgment in the case.
Interim orders can cover a wide range of issues, such as temporary
injunctions, stay orders, or maintenance orders.

Types of Interim Orders

1. Temporary Injunctions:

o These orders restrain a party from performing a particular act

that may cause harm or prejudice to the other party. Under
 Order XXXIX, Rules 1 and 2 of the CPC, courts can grant
temporary injunctions to prevent any wrongful act that could
compromise the plaintiff’s rights.

o Landmark Case: In Gujarat Bottling Co. Ltd. v. Coca-Cola

Co., (1995) 5 SCC 545, the Supreme Court outlined the
principles for granting temporary injunctions, emphasizing the
need to balance the interests of both parties.

2. Stay Orders:

o Stay orders temporarily halt the proceedings or execution of

an order until the court decides on the matter. These are often
used to prevent irreparable harm during the pendency of an
appeal.

o Landmark Case: In Union of India v. Kamlakshi Finance

Corporation Ltd., 1991 SCC (2) 736, the Supreme Court
explained the significance of stay orders in preventing the
miscarriage of justice.

3. Interim Maintenance Orders:

o In family law cases, courts can issue interim maintenance

orders to ensure that spouses and children receive financial
support during the pendency of divorce or maintenance
proceedings.

o Landmark Case: In Bharat Hegde v. Saroj Hegde, (2007)

5 SCC 15, the Supreme Court discussed the criteria for
awarding interim maintenance.

4. Interim Custody Orders:

o These orders determine the temporary custody arrangements

for children during the course of matrimonial disputes or
custody battles to ensure their welfare.

o Landmark Case: In Gaurav Nagpal v. Sumedha Nagpal,

(2009) 1 SCC 42, the Supreme Court highlighted the child’s
welfare as the paramount consideration in interim custody
matters.

5. Interim Bail Orders:

o Interim bail orders provide temporary release to an accused

person until a regular bail application is heard and decided.
These are crucial in protecting the personal liberty of
individuals.
 o Landmark Case: In Pankaj Jain v. Union of India, (2018)
6 SCC 120, the court granted interim bail considering the
exceptional circumstances of the case.

Purpose and Importance of Interim Orders

 Prevention of Irreparable Harm: Interim orders prevent any

action that might cause irreparable harm or prejudice to a party
while the case is still being decided.

 Maintenance of Status Quo: They help maintain the status quo,

ensuring that the subject matter of the litigation is preserved and
not altered before the final adjudication.

 Provision of Immediate Relief: These orders provide immediate

relief to parties in situations that demand urgent judicial
intervention.

 Facilitation of Fair Trials: Interim orders facilitate a fair trial by

ensuring that the rights and interests of the parties are protected
during the litigation process.

4. Conclusion

Interim orders play a critical role in the judicial system by providing

provisional relief and ensuring that justice is administered fairly and
effectively. By addressing urgent issues that arise during litigation, interim
orders protect the interests of the parties and help maintain the integrity
of the legal process.

5. What is attachment?
1. Synopsis

Attachment is a legal process by which a court orders the seizure or taking

into custody of a defendant's property to ensure satisfaction of a
judgment. It is a preventive measure used to secure the interests of the
plaintiff during the pendency of a suit or to enforce a decree.

2. Introduction

Attachment is a crucial tool in civil litigation, used to secure the property

of a defendant to satisfy a potential judgment. It ensures that the
defendant cannot dispose of or hide their assets to evade fulfilling a court
decree. The process of attachment is governed by the Code of Civil
Procedure, 1908 (CPC), which outlines the procedures and conditions
under which attachment can be carried out.
3. Body

Definition of Attachment

Attachment refers to the judicial process by which a court orders the

taking into custody or seizure of a defendant's property. This action is
usually taken to secure a plaintiff's claim by ensuring that the property will
be available to satisfy the court's decree if the plaintiff wins the case.

Types of Attachment

1. Pre-judgment Attachment:

o This occurs before the court has issued a final judgment. It is

intended to prevent the defendant from disposing of their
property during the litigation. The plaintiff must typically show
that there is a risk of the defendant dissipating assets to
frustrate any potential judgment.

o Legal Provision: Order XXXVIII, Rule 5 of the CPC allows for

the attachment of property before judgment if there is a risk
that the defendant might dispose of or alienate the property
to defeat the plaintiff's claim.

2. Post-judgment Attachment:

o This occurs after the court has issued a final decree. It is used
to enforce the judgment by seizing the defendant's property
to satisfy the decree.

o Legal Provision: Order XXI, Rules 41 to 57 of the CPC outline

the procedures for the attachment of property in execution of
a decree.

Procedures for Attachment

1. Application for Attachment:

o The plaintiff must file an application for attachment, supported

by an affidavit, stating the grounds for the request and the
details of the property to be attached.

2. Issuance of Attachment Order:

o The court, upon being satisfied with the application, issues an

order of attachment. This order is then served on the
defendant, and the property is marked as attached.

3. Attachment of Movable Property:

 o Movable property can be attached by actual seizure or by
placing a notice of attachment on the property. If the property
is perishable, the court may order its immediate sale and hold
the proceeds.

4. Attachment of Immovable Property:

o Immovable property is attached by affixing a notice of

attachment on the property itself, at the courthouse, and in
the office of the local authority (such as the revenue office).

5. Attachment of Debts and Other Assets:

o The court can also attach debts owed to the defendant by

third parties (garnishee orders) and other assets such as bank
accounts.

Grounds for Challenging Attachment

1. Exemption:

o Certain properties are exempt from attachment under Section

60 of the CPC, such as necessary clothing, tools of trade,
houses, and agricultural implements required for livelihood.

o Landmark Case: In M. L. Sethi v. R. P. Kapur, AIR 1972

SC 2379, the Supreme Court held that properties essential for
the livelihood of the judgment-debtor are exempt from
attachment.

2. Lack of Jurisdiction:

o The attachment can be challenged on the grounds that the

court lacked jurisdiction to order the attachment.

3. Improper Service:

o If the attachment order was not properly served, the

defendant can challenge the validity of the attachment.

4. Settlement of Decree:

o If the decree has been satisfied or settled, the attachment can

be set aside.

4. Conclusion

Attachment is a vital legal process to secure a plaintiff's claim and ensure

the enforcement of a court's decree. By seizing the defendant's property,
the court ensures that the property will be available to satisfy the
judgment if the plaintiff prevails. Understanding the procedures and
grounds for challenging attachment is essential for both plaintiffs and
defendants in civil litigation.

6. What are the consequences of appearance / non –

appearance?
1. Synopsis

The appearance or non-appearance of parties in court can have significant

consequences in civil litigation. Appearance ensures the right to be heard,
while non-appearance can lead to exparte decisions, dismissal of the suit,
or other adverse outcomes.

2. Introduction

The Code of Civil Procedure, 1908 (CPC), outlines the procedures and
implications of the appearance and non-appearance of parties in court.
These rules ensure orderly conduct of litigation and fair opportunity for
both parties to present their case. Understanding these consequences is
essential for litigants to navigate the judicial process effectively.

3. Body

Consequences of Appearance

1. Right to be Heard:

o When a party appears in court, they have the opportunity to

present their evidence, arguments, and defenses. This
ensures that their side of the story is considered before any
judgment is made.

2. Cross-examination and Evidence:

o Appearance allows the party to cross-examine witnesses

presented by the opposing party, thus challenging the
credibility of the evidence against them.

3. Participation in Proceedings:

o A party that appears in court can actively participate in the

proceedings, file motions, and influence the direction of the
case.

4. Avoidance of Exparte Decree:

o Appearance prevents the court from passing an exparte

decree, which is a judgment issued in the absence of the
 defendant. This ensures that the case is decided on merits
with both parties having the opportunity to be heard.

Consequences of Non-Appearance

1. Exparte Decree:

o If the plaintiff appears but the defendant does not, the court
may proceed exparte and pass a decree in favor of the
plaintiff. This is provided under Order IX, Rule 6 of the CPC.

o Landmark Case: In Sangram Singh v. Election Tribunal,

Kotah, AIR 1955 SC 425, the Supreme Court emphasized
the importance of appearance and the consequences of non-
appearance, highlighting that non-appearance can lead to an
exparte decree.

2. Dismissal of Suit:

o If the plaintiff does not appear, the court may dismiss the suit
for default under Order IX, Rule 8 of the CPC. This means the
plaintiff loses the right to have the case heard unless they
successfully apply for restoration of the suit.

o Landmark Case: In G.P. Srivastava v. R.K. Raizada &

Ors, (2000) 3 SCC 54, the Supreme Court discussed the
conditions under which a suit dismissed for default can be
restored.

3. Striking off Defense:

o Non-appearance of the defendant during critical stages of the

proceedings can lead to striking off their defense, preventing
them from presenting their case or challenging the plaintiff’s
claims.

4. Setting Aside Exparte Decree:

o The defendant can apply to set aside an exparte decree under

Order IX, Rule 13 of the CPC by showing "sufficient cause" for
their non-appearance. If the court is satisfied with the reasons,
it may set aside the decree and restore the suit.

o Landmark Case: In Bhagmal v. Daryao Singh, AIR 1981

SC 533, the Supreme Court elaborated on the requirement of
showing "sufficient cause" to set aside an exparte decree.

5. Cost Implications:
 o Non-appearance can also result in cost implications, where the
defaulting party may be ordered to pay costs to the other
party for the inconvenience and delay caused.

6. Non-Bailable Warrants:

o In certain cases, especially in family or criminal matters,

repeated non-appearance can lead to the issuance of non-
bailable warrants to compel the presence of the party.

4. Conclusion

The consequences of appearance and non-appearance in court are pivotal

in the judicial process. While appearance ensures that a party's rights and
interests are adequately represented and protected, non-appearance can
lead to adverse outcomes such as exparte decrees, dismissal of suits, and
financial penalties. Therefore, parties must understand and adhere to the
procedural requirements to avoid negative repercussions and ensure a fair
trial

7. Judgement V Decree?
1. Synopsis

A judgment and a decree are fundamental concepts in civil litigation, but

they serve distinct roles. A judgment is the court's final statement on the
rights and obligations of the parties, while a decree is the formal
expression of that adjudication. Understanding the differences between
them is essential for navigating the legal process.

2. Introduction

In civil procedure, judgments and decrees are crucial components of the

legal process. The Code of Civil Procedure, 1908 (CPC), outlines the
definitions and distinctions between these two terms, which are often
used interchangeably but have specific legal meanings and implications.

3. Body

Definition of Judgment

 Judgment: According to Section 2(9) of the CPC, a judgment is the

statement given by the judge on the grounds of a decree or order. It
encompasses the reasoning and findings of the court on the matters
in dispute between the parties.
  Components:

o Finding of Facts: The judge determines the facts of the case

based on the evidence presented.

o Application of Law: The judge applies the relevant legal

principles to the facts.

o Conclusion: The judge reaches a final decision on the rights

and obligations of the parties.

Definition of Decree

 Decree: Defined under Section 2(2) of the CPC, a decree is the

formal expression of an adjudication that conclusively determines
the rights of the parties concerning all or any of the matters in
controversy in the suit. It can be either preliminary or final.

 Components:

o Conclusive Determination: It finalizes the rights of the

parties.

o Formal Expression: It is formally drawn up and signed by the

judge.

o Types:

 Preliminary Decree: Deals with preliminary issues in

the case but does not finally dispose of the matter.

 Final Decree: Completely disposes of the suit and

resolves all issues between the parties.

Differences Between Judgment and Decree

1. Nature and Purpose:

o Judgment: Is the reasoning and explanation behind the

court's decision. It provides the basis for the decree.

o Decree: Is the formal order that embodies the final outcome

of the judgment, enforceable by law.

2. Content:

o Judgment: Contains a detailed statement of facts, issues,

arguments, legal reasoning, and conclusions.

o Decree: Summarizes the rights and obligations of the parties

as determined by the judgment.
 3. Form:

o Judgment: Is a narrative document outlining the judge's

thought process and decision.

o Decree: Is a concise, formal document that is often drafted in

a prescribed format and signed by the judge.

4. Execution:

o Judgment: Cannot be executed by itself. It serves as the basis

for issuing a decree or order.

o Decree: Can be executed through legal procedures to enforce

the rights and obligations it stipulates.

5. Appealability:

o Judgment: The grounds and reasoning in the judgment can

be challenged through an appeal.

o Decree: Is directly appealable under the CPC. Both

preliminary and final decrees can be challenged.

Landmark Case Laws

1. Balraj Taneja v. Sunil Madan, (1999) 8 SCC 396: The Supreme

Court explained the distinction between a judgment and a decree,
emphasizing the formal and conclusive nature of a decree as
opposed to the explanatory role of a judgment.

2. Ashok Kumar Srivastav v. National Insurance Co. Ltd., (1998)

4 SCC 361: The court highlighted that a decree follows a judgment
and is a formal pronouncement of the decision contained in the
judgment.

4. Conclusion

Understanding the difference between a judgment and a decree is

essential for litigants and legal practitioners. While a judgment provides
the rationale and basis for the court's decision, a decree formally
encapsulates the court's final order on the rights of the parties and is
enforceable by law. These distinctions are critical for navigating the legal
process, from trial to execution and appeal.

8. What are issues in suit? How are they frames? What

is the power of the court to amend/ strike issues?
1. Synopsis
Issues in a suit are points of contention or dispute between the parties
that the court needs to adjudicate. These issues are framed based on the
pleadings of the parties to ensure a focused and efficient trial. The court
holds the power to amend or strike issues to ensure a fair and just
determination of the case.

2. Introduction

In civil litigation, the framing of issues is a critical step that sets the stage
for the trial. Issues are framed from the pleadings of both parties to
identify the specific points that need judicial determination. The Code of
Civil Procedure, 1908 (CPC), provides guidelines for framing, amending,
and striking issues to streamline the litigation process and avoid
unnecessary delays.

3. Body

Definition of Issues in a Suit

 Issues: According to Order XIV, Rule 1 of the CPC, issues are the
material points of fact or law in dispute between the parties. They
form the basis on which the court proceeds to trial and ultimately
decides the case.

Types of Issues

1. Issues of Fact:

o These relate to the factual aspects of the case, such as

events, actions, or circumstances. For example, whether a
contract was signed on a specific date or whether an injury
occurred due to negligence.

2. Issues of Law:

o These concern the interpretation and application of legal

principles to the facts of the case. For example, whether a
particular statute applies to the case or the legal validity of a
contract.

Framing of Issues

1. Based on Pleadings:

o Issues are framed from the pleadings, which include the

plaint, written statement, and any subsequent pleadings. The
court examines the allegations, denials, and admissions made
by the parties to identify the points of contention.

2. Order XIV, Rule 1 and 2 of the CPC:

 o The court frames issues under these provisions, considering
the material propositions of fact and law asserted by one
party and denied by the other. Issues must be clear, concise,
and pertinent to the matters in dispute.

3. Landmark Case: In Makhan Lal Bangal v. Manas Bhunia,

(2001) 2 SCC 652, the Supreme Court emphasized that issues
must be framed based on the pleadings and should reflect the real
points of dispute for effective adjudication.

Power of the Court to Amend/Strike Issues

1. Amendment of Issues:

o The court has the power to amend issues under Order XIV,
Rule 5 of the CPC. If the court finds that issues have been
improperly framed or additional issues need to be framed to
resolve the real points in controversy, it can amend or frame
additional issues at any stage of the proceedings.

o Objective: The objective is to ensure that the real questions

in dispute are determined and that the case is adjudicated
fairly and justly.

2. Striking Out Issues:

o The court can strike out issues that are irrelevant, redundant,
or unnecessary for the determination of the suit. This power is
exercised to streamline the trial process and avoid wasting
judicial resources on immaterial points.

o Landmark Case: In Jai Jai Ram Manohar Lal v. National

Building Material Supply, Gurgaon, (1969) 1 SCC 869,
the Supreme Court reiterated that the court has wide powers
to amend or strike issues to secure the ends of justice.

3. Court's Discretion:

o The power to amend or strike issues is discretionary and is

exercised by the court to ensure that the trial focuses on the
relevant and material points of dispute. The court's primary
aim is to facilitate a fair trial and to prevent miscarriage of
justice.

4. Conclusion

Issues in a suit are pivotal in defining the scope of the trial and ensuring
that the court adjudicates the real points of dispute between the parties.
The process of framing issues from the pleadings ensures clarity and focus
during the trial. The court's power to amend or strike issues further
ensures that the trial remains efficient and just, addressing only the
pertinent matters in controversy.

9. Interrogatories and Garnishee orders.

1. Synopsis

Interrogatories and garnishee orders are procedural tools used in civil

litigation to gather information and enforce judgments, respectively.
Interrogatories allow parties to obtain detailed information from the
opposing side, while garnishee orders enable the attachment of debts
owed to the judgment-debtor by third parties to satisfy a court decree.

2. Introduction

Interrogatories and garnishee orders serve different but essential

purposes in civil procedure. Interrogatories facilitate the discovery process
by enabling parties to obtain pertinent information from one another.
Garnishee orders, on the other hand, are enforcement mechanisms used
to satisfy judgments by intercepting funds or debts owed to the judgment-
debtor by third parties.

3. Body

Interrogatories

1. Definition:

o Interrogatories are a set of written questions directed by one

party to another, requiring written answers under oath. They
are used as part of the discovery process to obtain relevant
facts and information before trial.

2. Purpose:

o The primary purpose of interrogatories is to clarify facts,

gather evidence, and narrow down the issues for trial. They
help in understanding the opponent's case and preparing for
cross-examination and argument.

3. Procedure:

o Filing: Under Order XI of the Code of Civil Procedure (CPC), a

party may serve interrogatories on the other party with the
court's permission.
 o Response: The responding party must answer the
interrogatories within the specified time, usually in writing and
under oath.

o Objections: The responding party can object to specific

interrogatories if they are deemed irrelevant, overly broad, or
invasive. The court will then decide on the validity of these
objections.

4. Scope:

o Interrogatories should be relevant to the issues in the suit and

must not be of a scandalous or vexatious nature. They should
focus on material facts necessary for the proper determination
of the case.

o Landmark Case: In S. G. Jaisinghani v. Union of India,

AIR 1967 SC 1427, the Supreme Court highlighted the
importance of interrogatories in obtaining relevant information
and aiding in the efficient resolution of disputes.

Garnishee Orders

1. Definition:

o A garnishee order is a court directive to a third party (the

garnishee) who owes money to the judgment-debtor,
instructing them to pay the amount directly to the judgment-
creditor to satisfy a court decree.

2. Purpose:

o Garnishee orders are used to enforce monetary judgments by

intercepting funds or debts owed to the judgment-debtor by
third parties, such as banks, employers, or clients. This
ensures that the judgment-creditor receives the money owed
without further delay.

3. Procedure:

o Application: The judgment-creditor applies to the court for a

garnishee order after obtaining a decree.

o Order Nisi: The court issues an initial order, known as an

order nisi, requiring the garnishee to appear in court and
explain why the debt should not be paid to the judgment-
creditor.
 o Order Absolute: If the garnishee fails to show sufficient
cause, the court then makes the order absolute, directing the
garnishee to pay the amount to the judgment-creditor.

4. Scope and Limitations:

o Garnishee orders can be applied to various types of debts,

including wages, bank accounts, and other receivables.
However, certain funds, such as social security benefits or
funds deemed necessary for basic living expenses, may be
exempt from garnishment.

o Landmark Case: In Raman Tech. & Process Engg. Co. v.

Solanki Traders, (2008) 2 SCC 302, the Supreme Court
explained the process and the importance of garnishee orders
in ensuring the enforcement of monetary decrees.

4. Conclusion

Interrogatories and garnishee orders are vital tools in civil litigation for
discovery and enforcement, respectively. Interrogatories facilitate the
exchange of information and help parties prepare for trial, while garnishee
orders ensure that judgments are effectively enforced by intercepting
debts owed to the judgment-debtor. Both mechanisms contribute to the
efficient and fair administration of justice.