CODE OF CIVIL PROCEDURE, 1908

[B.A.L.L.B (Hons.) VIIIth Semester Notes]

 Table of Contents

MODULE-I.................................................................................................................................................. 6

Introduction ............................................................................................................................................... 6

Consolidation and Codification ............................................................................................................ 6

Extent and Applicability ....................................................................................................................... 6

Object and Scope .................................................................................................................................. 6

Definitions (Section 2) .............................................................................................................................. 7

Suits of Civil Nature (Section 9) ............................................................................................................... 9

Section 9: Jurisdiction of Civil Courts .................................................................................................. 9

Key Points to Remember ...................................................................................................................... 9

Res sub judice (Section 10)..................................................................................................................... 10

Section 10: Stay of Suit....................................................................................................................... 10

Key Points to Remember: ................................................................................................................... 10

MODULE 2................................................................................................................................................ 12

Doctrine of Res judicata (Section 11) ..................................................................................................... 12

Principles of Res Judicata ................................................................................................................... 12

Section 11: Res Judicata ..................................................................................................................... 13

Key Points to Remember .................................................................................................................... 14

Comparison between Section 10 & Section 11 ....................................................................................... 14

Foreign Judgment and Presumption as to Foreign Judgment (Section 13&14) ...................................... 16

Section 2(6): Definition of Foreign Judgement .................................................................................. 16

Section 13: When Foreign Judgment Not Conclusive ........................................................................ 16

Section 14: Presumption as to Foreign Judgments ............................................................................. 17

Relationship between Sections 13 and 14 ........................................................................................... 18

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MODULE 3................................................................................................................................................ 19

Place of Suing (Section 15 To 20) .......................................................................................................... 19

Section 15: Court in which suits to be instituted................................................................................. 19

Section 16: Suits related to immovable property ................................................................................ 19

Section 17: Immovable property in different jurisdictions ................................................................. 19

Section 18: Uncertain jurisdiction for immovable property ............................................................... 19

Section 19: Suits for personal or movable property wrongs ............................................................... 19

Section 20: General Rule for Other Suits............................................................................................ 20

Objection to Place of Suing (Section 21 And 21-A) ............................................................................... 20

Objections to Jurisdiction (Section 21) ............................................................................................... 20

Bar on Suits to Set Aside Decrees (Section 21A) ............................................................................... 20

Key Points to Remember .................................................................................................................... 21

Transfer of Suits (Section 22 To 25) ....................................................................................................... 21

Transfer of Suits (Section 22) ............................................................................................................. 21

Hierarchy for Transfer Applications (Section 23) .............................................................................. 21

General Power of Transfer and Withdrawal (Section 24) ................................................................... 22

Supreme Court's Power to Transfer (Section 25)................................................................................ 22

Key Points to Remember: ................................................................................................................... 22

MODULE 4 & 5 ........................................................................................................................................ 24

Parties to Suit (Order. I) .......................................................................................................................... 24

Framing of Suits (Order. II) .................................................................................................................... 25

Institution of Suit (Section 26, Order. IV) .............................................................................................. 27

Section 26 - Institution of Suits........................................................................................................... 27

Order 4- Institution of Suits ................................................................................................................ 27

Pleading (Order. VI) ............................................................................................................................... 28

Plaint (Order. VII) ................................................................................................................................... 29

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 Summon, Mode of Service (Section 27-29, Order. V) ........................................................................... 32

Issuance of Summons (Section 27) ..................................................................................................... 32

Service of Summons in Another State (Section 28)............................................................................ 32

Service of Foreign Summonses (Section 29) ...................................................................................... 32

Order V: Issue and Service of Summons ............................................................................................ 33

Written Statement (Order. VIII).............................................................................................................. 35

Order VIII: Written Statement, Set-off, and Counter-claim ............................................................... 35

Appearance of Parties, Examination, Production of Documents, Admission. (Section 30, Order. IX-XIII)
................................................................................................................................................................ 37

Order IX: Appearance of Parties and Consequences of Non-Appearance.......................................... 37

Order X: Examination of Parties by the Court .................................................................................... 39

Powers of the Court for Discovery and Evidence (Section 30) .......................................................... 40

Order XI: Discovery and Inspection ................................................................................................... 41

Order XII: Admissions ........................................................................................................................ 42

Order XIII: Production, Impounding, and Return of Documents ....................................................... 44

MODULE 6................................................................................................................................................ 46

Framing of Issues (Order. XIV) .............................................................................................................. 46

Order XIV: Settlement of Issues and Determination of Suit .............................................................. 46

Hearing of Parties (Order. XV) ............................................................................................................... 47

Order XV: Disposal of the Suit at the First Hearing ........................................................................... 47

Summon to Witnesses (Section 31-32, Order. XVI)............................................................................... 48

Section 31: Summons to Witness........................................................................................................ 48

Section 32: Penalty for Default ........................................................................................................... 49

Order XVI- Summoning and Attendance of Witnesses ...................................................................... 49

Adjournment (Order. XVII) .................................................................................................................... 50

Hearing of the Suit (Order. XVIII) ......................................................................................................... 51

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 Affidavits (Order. XIX) .......................................................................................................................... 53

MODULE 7................................................................................................................................................ 55

Judgment and Decree (Section 33) ......................................................................................................... 55

Interest (Section 34) ................................................................................................................................ 55

Costs (Section 35-35B) ........................................................................................................................... 56

Cost (Section 35)................................................................................................................................. 56

Compensatory Costs for False or Vexatious Claims or Defenses (Section 35A) ............................... 56

Costs for Causing Delay (Section 35B) .............................................................................................. 57

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 MODULE-I
 Introduction
 Definitions: Decree, Decree Holder, Foreign Judgment, Foreign Court, Judgment, Judgment
Debtor, Mesne Profit, Legal Representative, Order etc. (Section 2)
 Suits of Civil Nature (Section 9)
 Res sub judice (Section 10)

Introduction

The Civil Procedure Code was passed in 1908 and came into force on 1st January 1909. The Civil Procedure
Code neither creates nor takes away any right. It is intended to regulate the procedures followed by the civil
court. Laws can be divided into two groups –

1. Substantive law
2. Adjective or Procedural Law

Consolidation and Codification

The Preamble of the Code states that it was enacted to consolidate and amend the laws relating to the
procedure to be followed in the civil courts having civil jurisdiction in India. The main reason why some
parts of the law are codified is that the law should be ascertained from the language used in the enactment
and not from the preceding act.

In Prem Lal Nahata v. Chandi Prasad Sikaria, the court observed that the CPC deals with substantive rights
but mainly aims to consolidate the law relating to civil courts and procedures.

Extent and Applicability

The Civil Procedure Code was passed in 1908 and came into force on 1st January 1909. The Code is
applicable to the whole country.

Object and Scope

The main object of this civil procedure code is to consolidate and amend the laws relating to the procedures
of the Court of Civil Judicature. It collects all the laws that should be adopted by the civil courts. The main
aim of the CPC is to facilitate justice and seek an end to the litigation rather than provide any form of
punishment and penalties.

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 Definitions (Section 2)

Code of Civil Procedure, 1908 - Key Definitions (Only key elements are pointed out here, please read it
with Bare Act)

Decree (sub-section 2)

 A formal expression of adjudication by a court

 Conclusively determines the rights of parties in a suit
 Can be preliminary or final
 Includes rejection of a plaint and determination of questions under section 144
 Does not include appealable orders or dismissals for default

Types
1. Preliminary decree: When further proceedings are needed
2. Final decree: Completely disposes of the suit
3. Partly preliminary and partly final

Decree-holder (sub-section 3)

 Person in whose favor a decree has been passed

 Person in whose favor an executable order has been made

Foreign Court (sub-section 5)

 Court situated outside India

 Not established or continued by the authority of the Central Government

Foreign Judgment (sub-section 6)

 Judgment of a foreign Court

Government Pleader (sub-section 7)

 Officer appointed by State Government to perform functions of a Government Pleader

 Includes pleaders acting under Government Pleader's directions

India (sub-section 9)

 Territory of India excluding the State of Jammu and Kashmir (with some exceptions)

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Judge (sub-section 10)

 Presiding officer of a Civil Court

Judgment (sub-section 11)

 Statement given by the Judge explaining the grounds of a decree or order

Judgment-debtor (sub-section 12)

 Person against whom a decree has been passed

 Person against whom an executable order has been made

Legal Representative (sub-section 13)

 Person who legally represents a deceased person's estate

 Includes anyone who intermeddles with the deceased's estate
 In representative suits, the person on whom the estate devolves upon the party's death

Mesne Profits (sub-section 14)

 Profits received or could have been received with ordinary diligence from wrongfully possessed
property
 Includes interest on such profits
 Excludes profits due to improvements made by the wrongful possessor

Movable Property (sub-section 15)

 Includes growing crops

Order (sub-section 16)

 Formal expression of any decision of a Civil Court that is not a decree

Pleader (sub-section 17)

 Person entitled to appear and plead for another in Court

 Includes advocates, vakils, and attorneys of a High Court

Public Officer (sub-section 18)

Includes various categories of officials such as: a) Judges b) Members of All-India Services c)
Commissioned or gazetted military, naval, or air force officers serving under the Government d) Court

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officers with specific duties e) Officers empowered to keep persons in confinement f) Government officers
responsible for preventing offences, bringing offenders to justice, or protecting public interests g) Officers
handling government property, finances, or documents h) Officers in government service or paid by the
government for public duties

These definitions provide a foundation for understanding the terminology used in the Code of Civil
Procedure, 1908, and are crucial for interpreting and applying the law correctly.

Suits of Civil Nature (Section 9)

Section 9: Jurisdiction of Civil Courts

General Rule:
~ Civil Courts have jurisdiction to try all suits of a civil nature.
~ This jurisdiction is subject to the provisions contained in the Code of Civil Procedure.

Exception:
~ Civil Courts cannot try suits where their cognizance is expressly or impliedly barred by law.

Explanation I: Definition of "Suits of a Civil Nature"

~ Suits contesting rights to property are considered civil in nature.
~ Suits contesting rights to an office are considered civil in nature.
~ This classification applies even if the right depends entirely on decisions about religious rites
or ceremonies.

Explanation II: Clarification on Offices

~ For the purpose of this section, it doesn't matter whether: a) Any fees are attached to the office
mentioned in Explanation I. b) The office is attached to a particular place or not.

Key Points to Remember

1. The section establishes a broad jurisdiction for civil courts, allowing them to hear all civil matters
unless specifically prohibited.

2. It clarifies that disputes over religious offices or property rights related to religious matters fall
under civil jurisdiction, despite their religious nature.

3. The section aims to provide a clear distinction between civil and other types of cases, ensuring that
matters of a civil nature have a proper forum for resolution.

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 4. The explanations help to prevent confusion in cases where religious and civil matters might overlap,
ensuring that important property and office disputes can be heard in civil courts regardless of their
religious connections.

This section is fundamental in defining the scope of civil courts' jurisdiction in India, providing a basis for
determining which cases can be brought before these courts.

Res sub judice (Section 10)

Section 10: Stay of Suit

General Rule:
~ A court must stay (not proceed with) a suit if: a) The matter in issue is directly and substantially
in issue in a previously instituted suit. b) The previously instituted suit is between the same
parties or their representatives. c) The parties are litigating under the same title.

Conditions for Stay:

~ The previously instituted suit should be pending in: a) The same court, or b) Any other court
in India with jurisdiction to grant the relief claimed, or c) Any court beyond India's limits
established or continued by the Central Government with similar jurisdiction, or d) The
Supreme Court

Explanation: Foreign Court Exception

~ The pendency of a suit in a foreign court does not prevent Indian courts from trying a suit based
on the same cause of action.

Key Points to Remember:

1. Purpose: This section aims to prevent multiple proceedings on the same issue between the same
parties, avoiding conflicting judgments and unnecessary litigation.

2. "Directly and substantially in issue": The issues in both suits must be significantly similar, not
merely incidental or tangentially related.

3. "Same parties": Includes not just identical parties but also those claiming through them or
litigating under the same title.

4. Discretionary power: While the language uses "shall," courts have interpreted this as a
discretionary power to be exercised judiciously.

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 5. Burden of proof: The party seeking a stay must prove that the conditions of Section 10 are
satisfied.

6. Foreign courts: The explanation clarifies that suits pending in foreign courts (other than those
established by the Central Government) do not bar Indian courts from hearing similar cases.

7. Application: This section applies to suits, not to other proceedings like execution proceedings or
arbitrations.

8. Stage of application: The plea for stay can be raised at any stage of the suit, but preferably at the
earliest opportunity.

This section is crucial in managing parallel litigation and ensuring judicial economy by preventing multiple
courts from simultaneously deciding the same issues between the same parties.

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 MODULE 2
 Doctrine of Res judicata (Section 11)
 Comparison between Section 10 & Section 11
 Foreign Judgment and Presumption as to Foreign Judgment (Section 13&14)

Doctrine of Res judicata (Section 11)

Res judicata and estoppel are legal principles in the Indian legal system, which serve to prevent repetitive
litigation and ensure fairness and consistency in judicial proceedings.

Res judicata, governed by Section 11 of the Code of Civil Procedure, 1908, is a doctrine that prohibits a
court from re-examining a case that has already been conclusively decided by the same court, involving the
same parties, subject matter, and under the same title.

In simple terms, if a matter has been previously adjudicated and a final judgment has been delivered on it,
it cannot be re-litigated. This post seeks to examine the various nuances and the multiple issues circling this
principle.

Principles of Res Judicata

The doctrine of Res Judicata serves several important objectives in the legal system. These objectives are
based on three underlying maxims:

1. Nemo debet bis vexari pro una et eadem causa: This Latin proverb means “no man should be
vexed twice for the same cause”. The basic goal of Res Judicata is to save the parties from having
to go through endless litigation over the same problem. Once an issue has been determined
definitively by a competent court, the same parties should not be permitted to re-litigate the same
dispute.

2. Interest reipublicae ut sit finis litium: This Latin maxim means “it is in the best interests of the
State to put an end to litigation”. The Res Judicata concept enhances judicial efficiency and the
finality of rulings. It guarantees that disagreements are settled definitively, lowering the pressure
on the legal system and eliminating unnecessary and time-consuming litigation.

3. Res judicata pro veritate occipitur: This Latin proverb translates as “a matter adjudged is
accepted as correct”. Res Judicata creates a presumption of validity and finality for decisions made

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 by competent courts. The court’s judgements are said to be founded on a thorough assessment of
the facts and law, and they should not be readily reversed

Section 11: Res Judicata

Main Principle
A court shall not try any suit or issue where the matter has been directly and substantially in issue in a
former suit between the same parties (or their representatives), litigating under the same title, in a competent
court, and has been heard and finally decided by that court.

Key Elements
1. Same matter: Directly and substantially in issue

2. Same parties or their representatives

3. Litigating under the same title

4. Competent court

5. Matter heard and finally decided

Explanations
1. "Former suit":

o Refers to a suit decided prior to the suit in question

o The order of institution is not relevant

2. Competence of Court:

o Determined irrespective of provisions for appeal

3. Matter in former suit:

o Must have been alleged by one party and denied or admitted by the other

4. Constructive Res Judicata:

o Includes matters that could and should have been raised as grounds of defense or attack in
the former suit

5. Implied refusal of relief:

o Any relief claimed but not expressly granted is deemed to have been refused

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 6. Representative suits:

o In cases of public rights or private rights claimed in common, all interested persons are
deemed to claim under the litigating parties

7. Application to execution proceedings:

o Res judicata applies to decree execution proceedings

o References to suits, issues, and former suits apply to execution proceedings

8. Courts of limited jurisdiction:

o An issue decided by a court of limited jurisdiction operates as res judicata in subsequent

suits, even if that court couldn't try the subsequent suit

Key Points to Remember

1. Purpose: To prevent multiple litigations on the same issue and ensure finality of judgments

2. Conditions: All conditions must be satisfied for res judicata to apply

3. Scope: Applies to both suits and issues within suits

4. Constructive Res Judicata: Extends to matters that should have been raised in the former suit

5. Representative Actions: Decisions in public interest or common right cases bind all interested
parties

6. Execution Proceedings: The principle extends to questions arising in execution proceedings

7. Limited Jurisdiction: Even decisions by courts with limited jurisdiction can have res judicata effect
on specific issues

This section is crucial in preventing repetitive litigation, ensuring judicial economy, and maintaining the
sanctity of judicial decisions. It requires careful analysis of previous litigation to determine if a new suit or
issue is barred by res judicata.

Comparison between Section 10 & Section 11

In essence, Section 10 deals with the management of concurrent litigation, while Section 11 deals with the
effects of concluded litigation on subsequent cases. Both serve to promote judicial economy and
consistency, but at different stages of the litigation process.

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 Basis Section 10- Res sub judice Section 11- Res judicata

Timing and Stage of Applies to ongoing, concurrent Applies after a suit has been decided. It
Proceedings proceedings. It deals with a deals with a former suit that has already
previously instituted suit that is still been heard and finally decided.
pending.

Court Action Requires the court to stay (pause) the Prohibits the court from trying the
later suit. subsequent suit or issue.

Finality of Decision No final decision is required in the Requires that the matter has been heard
previous suit. and finally decided in the former suit.

Scope of Application Applies only to suits pending in Applies to all competent courts,
Indian courts or certain foreign regardless of their location.
courts established by the Central
Government.

Foreign Court Explicitly states that pendency of a No such exception; if a foreign court's
Exception suit in a foreign court doesn't decision meets the criteria, it can have
preclude Indian courts from trying res judicata effect.
the same matter.

Nature of Bar Creates a temporary bar (stay) on the Creates a permanent bar on re-litigation
proceedings. of the decided issues.

Constructive Doesn't have a concept similar to Includes the concept of constructive res
Application constructive res judicata. judicata, barring matters that could and
should have been raised in the former
suit.

Execution Doesn't explicitly mention Explicitly states its application to

Proceedings application to execution execution proceedings.
proceedings.

Discretion of the Courts have some discretion in Courts have less discretion; if all
Court applying the stay. conditions are met, they must apply res
judicata.

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 Purpose Aims to prevent parallel proceedings Aims to prevent re-litigation of decided
and potentially conflicting matters, ensuring finality of judgments.
decisions.

Foreign Judgment and Presumption as to Foreign Judgment (Section 13&14)

Section 2(6): Definition of Foreign Judgement

“Foreign Judgment” means the judgment of a foreign Court.

Section 13: When Foreign Judgment Not Conclusive

Main Principle:
A foreign judgment is generally conclusive on matters directly adjudicated between the same parties or
their representatives. However, there are exceptions where a foreign judgment will not be considered
conclusive.

Exceptions:
A foreign judgment is not conclusive if:

1. Lack of Jurisdiction:

o The judgment was not pronounced by a court of competent jurisdiction.

2. Not on Merits:

o The judgment was not given on the merits of the case.

3. Incorrect International Law or Refusal to Recognize Indian Law:

o The judgment appears to be founded on an incorrect view of international law.

o The judgment refuses to recognize Indian law in cases where it should apply.

4. Opposed to Natural Justice:

o The proceedings in which the judgment was obtained violate principles of natural justice.

5. Obtained by Fraud:

o The judgment was obtained through fraudulent means.

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 6. Breach of Indian Law:

o The judgment sustains a claim founded on a breach of any law in force in India.

Key Points
 These exceptions protect against enforcement of foreign judgments that may be unjust or contrary
to Indian legal principles.

 The burden of proving these exceptions generally lies on the party challenging the foreign
judgment.

Section 14: Presumption as to Foreign Judgments

Main Principle:
There is a presumption of validity for foreign judgments, but this presumption can be challenged.

Key Points:
1. Initial Presumption:

o Upon production of a document purporting to be a certified copy of a foreign judgment,

the court shall presume it was pronounced by a court of competent jurisdiction.

2. Exception on Record:

o This presumption applies unless the contrary appears on the record itself.

3. Challenging the Presumption:

o The presumption can be displaced by proving want of jurisdiction.

4. Burden of Proof:

o The burden of proving lack of jurisdiction lies on the party challenging the foreign
judgment.

Important Considerations:
 This section creates a rebuttable presumption in favor of the validity of foreign judgments.

 It simplifies the process of recognizing foreign judgments by not requiring proof of jurisdiction in
every case.

 However, it still allows for challenges to jurisdiction when there are grounds to do so.

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Relationship between Sections 13 and 14

 Section 13 outlines when a foreign judgment is not conclusive, including lack of jurisdiction.

 Section 14 creates a presumption of jurisdiction, but allows this to be challenged.

 Together, these sections balance the recognition of foreign judgments with the need to ensure their
validity and fairness under Indian law.

These sections are crucial in determining the enforceability of foreign judgments in India, providing both a
framework for acceptance and grounds for challenge when necessary.

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 MODULE 3
 Place of Suing (Section 15 To 20)
 Objection to Place of Suing (Section 21 And 21-A)
 Transfer of Suits (Section 22 To 25)

Place of Suing (Section 15 To 20)

Section 15: Court in which suits to be instituted

 Every suit must be filed in the court of the lowest grade competent to try it.

Section 16: Suits related to immovable property

 Suits concerning immovable property (for recovery, partition, foreclosure, rights, compensation)
should be filed in the court where the property is located.

 Exception: If relief can be obtained through personal obedience of the defendant, the suit can also
be filed where the defendant resides or works.

 "Property" in these sections means property situated in India.

Section 17: Immovable property in different jurisdictions

 If the property is in different jurisdictions, the suit can be filed in any court where a portion of the
property is located.

 The chosen court must be competent to handle the entire claim value.

Section 18: Uncertain jurisdiction for immovable property

 If the jurisdiction is uncertain, any competent court can record this uncertainty and proceed with
the case.

 Appellate courts should not allow objections to jurisdiction unless there was no reasonable ground
for uncertainty at the time of filing.

Section 19: Suits for personal or movable property wrongs

 Can be filed either where the wrong was done or where the defendant resides/works.

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Section 20: General Rule for Other Suits

 Other suits Suits can be filed where: a) The defendant(s) reside or work. b) Any defendant resides
or works (with court permission or other defendants' agreement). c) The cause of action wholly or
partly arises..
 A corporation is deemed to carry on business at its principal office in India or at a subordinate
office if the cause of action arises there.

These sections provide the framework for determining the appropriate court for filing various types of civil
suits, balancing convenience for parties with the principle of natural justice.

Objection to Place of Suing (Section 21 And 21-A)

Objections to Jurisdiction (Section 21)

a) Objection to Place of Suing (Section 21(1))

 An objection regarding the place where a suit is filed cannot be raised in an Appellate or Revisional
Court unless: i) The objection was raised in the Court of first instance at the earliest opportunity.
ii) In cases where issues are settled, the objection was raised before or during the settlement. iii)
There has been a consequent failure of justice.

b) Objection to Pecuniary Jurisdiction (Section 21(2))

 An objection to a court's competence based on pecuniary limits cannot be raised in an Appellate or
Revisional Court unless: i) The objection was raised in the Court of first instance at the earliest
opportunity. ii) In cases where issues are settled, the objection was raised before or during the
settlement. iii) There has been a consequent failure of justice.

c) Objection to Executing Court's Local Jurisdiction (Section 21(3))

 An objection to an executing court's competence based on local limits of jurisdiction cannot be
raised in an Appellate or Revisional Court unless: i) The objection was raised in the executing
Court at the earliest opportunity. ii) There has been a consequent failure of justice.

Bar on Suits to Set Aside Decrees (Section 21A)

 No suit can be filed to challenge the validity of a decree passed in a former suit on grounds related
to the place of suing.

 This applies when: i) The parties in both suits are the same, or ii) The parties are claiming under
the same title as in the former suit.

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Explanation:
 "Former suit" refers to a suit that has been decided before the decision in the current suit where the
decree's validity is being questioned.

 The order of filing the suits doesn't matter; what matters is the order of decisions.

Key Points to Remember

1. Objections to jurisdiction (place of suing, pecuniary limits, or local limits) must be raised at the
earliest opportunity in the original court.

2. Such objections cannot be entertained by higher courts unless there has been a failure of justice.

3. Once a decree has been passed, its validity cannot be challenged in a separate suit on grounds
related to the place of suing.

These provisions aim to prevent parties from raising jurisdictional issues at later stages of legal proceedings
or in separate suits, thereby promoting efficiency and finality in the legal process.

Transfer of Suits (Section 22 To 25)

Transfer of Suits (Section 22)

 Applies when a suit can be filed in multiple courts

 A defendant can apply to transfer the suit to another court

 Requirements: a) Notice must be given to other parties b) Application must be made at the earliest
opportunity c) In cases with settled issues, application must be made before or during settlement

 The court will consider objections from other parties before deciding which court should handle
the case

Hierarchy for Transfer Applications (Section 23)

 When courts are under the same Appellate Court- Apply to the Appellate Court

 When courts are under different Appellate Courts but the same High Court- Apply to that High
Court

 When courts are under different High Courts- Apply to the High Court with jurisdiction over the
court where the suit was filed

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General Power of Transfer and Withdrawal (Section 24)

 High Court or District Court can: a) Transfer cases to subordinate courts b) Withdraw cases from
subordinate courts

 Options after withdrawal: a) Try the case itself b) Transfer to another subordinate court c) Return
to the original court

 The new court can either retry the case or continue from where it was transferred

 Additional notes: a) Additional and Assistant Judges' Courts are considered subordinate to District
Court b) "Proceeding" includes execution of decrees or orders c) For transferred small causes suits,
the new court is considered a Small Causes Court d) Cases can be transferred even from courts
lacking jurisdiction

Supreme Court's Power to Transfer (Section 25)

 Supreme Court can transfer cases between states

 Process:

a) Application by a party required

b) Notice given to all parties
c) Hearing conducted for interested parties

 Transfer allowed if it serves the ends of justice

 Application must be made through a motion supported by an affidavit

 The receiving court can retry or continue from the transfer point

 If the application is dismissed as frivolous or vexatious, the Supreme Court may order
compensation (up to 2000 rupees) to the opposing party

 The law applicable remains the same as in the original court

Key Points to Remember:

1. Transfer of suits is possible when multiple courts have jurisdiction

2. There's a clear hierarchy for making transfer applications

3. Higher courts have broad powers to transfer or withdraw cases from lower courts

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 4. The Supreme Court can transfer cases between states if it serves justice

5. The law applicable to a case doesn't change with transfer

These provisions aim to ensure that cases are heard in the most appropriate court, allowing for flexibility
in the legal system while maintaining consistency in the application of law.

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 MODULE 4 & 5
 Parties to Suit (Order. I)
 Framing of Suits (Order. II)
 Institution of Suit (Section 26, Order. IV)
 Pleading (Order. VI)
 Plaint (Order. VII)
 Summon, Mode of Service (Section 27-29, Order. V)
 Written Statement (Order. VIII)
 Appearance of Parties, Examination, Production of Documents, Admission. (Section 30, Order. IX-
XIII)

Parties to Suit (Order. I)

Joinder of Plaintiffs
 Multiple persons can be joined as plaintiffs in a single suit if:

a) They have a right to relief arising from the same act or transaction
b) Their separate suits would involve common questions of law or fact

 The court can order separate trials if joinder may cause embarrassment or delay

Joinder of Defendants
 Multiple persons can be joined as defendants in a single suit if:

a) Relief is sought against them arising from the same act or transaction
b) Separate suits against them would involve common questions of law or fact

 The court can order separate trials if joinder may cause embarrassment or delay

Judgment and Relief

 The court can give judgment for one or more plaintiffs without amending the suit

 The court can give judgment against one or more defendants according to their liability

 Not every defendant needs to be interested in all the relief claimed in the suit

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Flexible Joinder Rules
 Plaintiffs can join multiple parties liable on the same contract in a single suit

 When unsure about the responsible party, plaintiffs can join multiple defendants to determine
liability

Representative Suits
 Where numerous persons have the same interest in a suit, one or more can represent all, the court
must give notice to all interested parties

 Interested parties can apply to be made a party to the suit

 Decrees in such suits are binding on all represented parties

Court's Powers
 The court can permit interested persons or bodies to present opinions on legal questions

 The court can add or remove parties to ensure proper adjudication

 The court can request any pleader to address it regarding affected interests

Misjoinder and Non-joinder

 Suits cannot be defeated due to misjoinder or non-joinder of parties

 The court can deal with the rights of parties actually before it

 Exception: Non-joinder of a necessary party

Procedural Aspects
 The court can substitute plaintiffs in case of mistakes in naming the right plaintiff

 When adding defendants, the plaint must be amended and served accordingly

 Multiple plaintiffs or defendants can authorize others to represent them

 Objections to non-joinder or misjoinder must be raised at the earliest opportunity

Framing of Suits (Order. II)

Framing of Suits
 Suits should be framed to allow for final decisions on disputed subjects

 Goal is to prevent further litigation on the same issues

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Inclusion of Whole Claim
 A suit must include the entire claim related to the cause of action

 Plaintiffs may relinquish part of a claim to bring it within a court's jurisdiction

 Omitted or relinquished portions cannot be sued for later

 When entitled to multiple reliefs, a plaintiff should sue for all, or risk losing the right to claim
omitted reliefs later

Joinder of Causes of Action

 A plaintiff can combine multiple causes of action against the same defendant(s) in one suit

 Multiple plaintiffs can join causes of action if they have joint interests against the same defendant(s)

 The court's jurisdiction in such cases depends on the aggregate value of subject matters

Restrictions on Joining Claims with Immovable Property Recovery

 Generally, other claims cannot be joined with suits for recovery of immovable property without
court permission

 Exceptions include: a) Claims for mesne profits or rent arrears b) Damages for breach of contract
related to the property c) Claims based on the same cause of action

 Note: This doesn't prevent asking for possession in foreclosure or redemption suits

Claims Involving Executors, Administrators, or Heirs

 Personal claims against executors, administrators, or heirs cannot be joined with claims against
them in their official capacity

 Exception: When personal claims arise from or are related to the estate they represent

Court's Power to Order Separate Trials

 If joinder of causes of action may complicate or delay the trial, the court can order separate trials

Objections to Misjoinder
 Objections to misjoinder of causes of action must be raised at the earliest opportunity

 For cases with settled issues, objections must be raised before or during settlement

 Failure to raise timely objections results in waiver of the objection

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 Institution of Suit (Section 26, Order. IV)

Section 26 - Institution of Suits

Method of Instituting a Suit (Section 26(1))

 A suit is typically initiated by presenting a plaint to the court.

 The law allows for other prescribed methods of instituting a suit, though presenting a plaint is the
most common.

Requirement of Affidavit (Section 26(2))

 All facts stated in the plaint must be supported by an affidavit.

 This requirement ensures that the facts presented to the court are verified and sworn to be true.

Form and Manner of Affidavit

 The affidavit must follow the form and manner prescribed under Order VI, Rule 15A of the Code
of Civil Procedure.

 This provision ensures consistency and standardization in the way affidavits are prepared and
presented to the court.

Order 4- Institution of Suits

Commencement of Suit (Rule 1)

 Every suit must be initiated by presenting a plaint to the court

 The plaint must be submitted in duplicate

 It can be presented to the court directly or to an officer appointed by the court for this purpose

 The plaint must comply with the rules specified in Orders VI and VII of the Code of Civil Procedure

Register of Suits (Rule 2)

 The court is required to maintain a book called the "register of civil suits"

 This register records the particulars of every suit filed in the court

 Entries in the register are numbered annually

 The numbering follows the order in which plaints are admitted by the court

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 Pleading (Order. VI)

Definition of Pleading
 Pleading means either a plaint or a written statement

Content of Pleadings
 Must contain only material facts, not evidence

 Should be concise and divided into numbered paragraphs

 Dates, sums, and numbers to be expressed in both figures and words

Forms of Pleading
 Should follow forms in Appendix A when applicable

 Special forms for Commercial Courts may apply

Particulars in Specific Cases

 Detailed particulars required for cases involving misrepresentation, fraud, breach of trust, etc.

Conditions Precedent
 Must be specifically mentioned if intended to be contested

Consistency in Pleadings
 No new grounds or inconsistent facts allowed except through amendment

Denial of Contract
 A bare denial is construed as denial of facts, not legality or sufficiency

Documents and Their Effects

 Only brief statements of document effects required, unless precise words are material

Mental States and Notice

 Sufficient to allege malice, knowledge, or notice as facts without detailing circumstances

Implied Contracts or Relations

 Can be alleged as facts with general reference to supporting circumstances

Legal Presumptions
 Need not be alleged unless specifically denied by the other party

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Signing of Pleadings
 Must be signed by the party and their pleader (if any)

Address for Service

 Parties must provide a registered address for service of documents

Verification of Pleadings
 Must be verified at the foot by the party or someone acquainted with the facts

 Affidavit in support of pleadings required

 Special verification rules for commercial disputes

Striking Out Pleadings

 Court can strike out unnecessary, scandalous, or prejudicial matter

Amendment of Pleadings
 Court may allow amendments to determine real issues in controversy

 Amendments after trial commencement only allowed in special circumstances

Plaint (Order. VII)

The expression plaint has not been defined in the Code of Civil Procedure, 1908 (CPC). It can be said to be
a statement of claim, a document by presentation of which the suit is instituted. Its object is to state the
grounds upon which the assistance of the court is sought by the plaintiff.

 Order VII of CPC contains the provision in relation to plaint.

 Rule 1 of Order IV lays down that a plaint is to be presented in duplicate to the Court or such officer
as may be appointed by the Court.

 Every plaint shall comply with the rules contained in Orders VI and VII of CPC.

 A suit is instituted when the plaint is presented and not when the suit is registered.

Contents of the Plaint (Rule 1) The plaint must include:

 Name of the court

 Plaintiff's details (name, description, residence)

 Defendant's details (as far as known)

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  Statement if any party is a minor or of unsound mind

 Facts constituting the cause of action

 Facts showing court's jurisdiction

 Relief claimed

 Any set-off or relinquished portion of claim

 Value of subject-matter for jurisdiction and court fees

Specific Requirements for Money Suits (Rule 2)

 Must state precise amount claimed

 For uncertain amounts (e.g., mesne profits), approximate value to be stated

Interest Claims (Rule 2A)

 Must specify if interest is sought

 Details required: rate, dates, total amount, daily rate

Immovable Property Suits (Rule 3)

 Property description must be sufficient for identification

Representative Suits (Rule 4)

 Plaintiff must show existing interest and necessary steps taken

Defendant's Interest and Liability (Rule 5)

 Plaint must show defendant's interest in subject-matter and liability

Limitation Period (Rule 6)

 If filed after limitation period, grounds for exemption must be stated

Relief Claimed (Rules 7 & 8)

 Must be specifically stated, including alternative reliefs

 Separate claims should be stated separately

Procedure on Admitting Plaint (Rule 9)

 Plaintiff to provide copies of plaint for each defendant

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Return of Plaint (Rule 10)
 Court may return plaint to be filed in proper court

 Reasons for return must be endorsed on plaint

Rejection of Plaint (Rule 11) Grounds for rejection include:

 No cause of action disclosed

 Undervaluation of relief

 Insufficient court fee

 Suit barred by law

 Not filed in duplicate

 Non-compliance with rule 9

Documents (Rule 14)

 Plaintiff must produce documents relied upon with the plaint

 List of documents to be filed

 Documents not produced may not be admitted as evidence without court's permission

Lost Negotiable Instruments (Rule 16)

 Court may pass decree if indemnity is given

Shop-book Entries (Rule 17)

 Original to be produced with a copy of the relevant entry

 Court to certify copy and return original

Additional Important Rules:

 Rule 10A: Power of Court to fix date of appearance in the Court where plaint is to be filed after its
return

 Rule 10B: Power of appellate Court to transfer suit to the proper Court

 Rule 12: Procedure on rejecting plaint

 Rule 13: Rejection of plaint does not preclude presentation of fresh plaint

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 Summon, Mode of Service (Section 27-29, Order. V)

Issuance of Summons (Section 27)

 When a suit is properly filed, the court can issue a summons to the defendant.

 The summons requires the defendant to appear and respond to the claim.

 It must be served within 30 days from the date the suit was filed.

 The manner of service is as prescribed by law.

Service of Summons in Another State (Section 28)

a) Sending the Summons (Section 28(1))

 If the defendant resides in a different state, the summons can be sent to a court in that state.

 The method of sending must follow the rules of the receiving state.

b) Duties of the Receiving Court (Section 28(2))

 The court receiving the summons must treat it as if it had issued the summons itself.

 After proceeding with the summons, the receiving court must return it to the original court.

 The return includes any record of proceedings related to the summons.

c) Language Requirements (Section 28(3))

 If the language of the summons differs from the language of the accompanying record:

o A translation of the record must be provided.

o If the issuing court uses Hindi, the translation should be in Hindi.

o If the record is in a language other than Hindi or English, the translation should be in either
Hindi or English.

Service of Foreign Summonses (Section 29)

 This section applies to summonses and processes issued by: a) Civil or Revenue Courts in parts of
India where the Code doesn't apply b) Civil or Revenue Courts established by the Central
Government outside India c) Other foreign Civil or Revenue Courts specified by the Central
Government

 These summonses can be sent to courts where this Code applies.

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  They are to be served as if they were summonses issued by the receiving courts.

Order V: Issue and Service of Summons

Issuance of Summons (Rule 1)

 When a suit is properly filed, the court may issue a summons to the defendant.

 The summons requires the defendant to appear, answer the claim, and file a written statement within
30 days of service.

 If the defendant fails to file the written statement within 30 days, they may be allowed to file it later
(up to 120 days from service) with court permission and payment of costs.

 After 120 days, the defendant forfeits the right to file a written statement.

Defendant's Appearance (Rule 1(2))

 The defendant can appear:

a) In person
b) Through a pleader (lawyer) who can answer all material questions
c) With a pleader accompanied by someone who can answer all questions

Contents of Summons (Rules 2, 5, 7, 8)

 Must be signed by the Judge or appointed officer and sealed

 Accompanied by a copy of the plaint

 Specifies whether it's for settlement of issues or final disposal

 Orders the defendant to produce relevant documents

 For final disposal, directs the defendant to produce witnesses

Personal Appearance (Rules 3, 4)

 The court may require personal appearance of the defendant or plaintiff

 Parties can only be ordered to appear in person if they reside within certain distance limits

Fixing the Date for Appearance (Rule 6)

 The date is set considering the court's business, defendant's residence, and time needed for service

Modes of Service (Rules 9, 10)

 Delivery by court officer

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  Registered post with acknowledgment

 Speed post or approved courier services

 Other means of transmission (fax, email) as per High Court rules

Service on Multiple Defendants (Rule 11)

 Each defendant must be served separately

Personal Service (Rules 12, 13, 14, 15)

 Preferably served on the defendant personally

 Can be served on an empowered agent

 For business-related suits, can be served on a manager or agent

 For immovable property suits, can be served on the agent in charge

 If defendant is absent, can be served on an adult family member

Procedure for Service (Rules 16, 17, 18)

 The person served must sign an acknowledgment

 If the defendant refuses or can't be found, the summons is affixed to the outer door of their residence
or place of business

 The serving officer must endorse the manner and time of service

Substituted Service (Rule 20)

 If the defendant is avoiding service or cannot be served ordinarily, the court may order substituted
service

 This includes affixing the summons in a conspicuous place in the court and the defendant's last
known residence

 May also include advertising in a local newspaper

Service Outside Court's Jurisdiction (Rules 21-26A)

 Summons can be sent to other courts for service

 Special provisions for service in prisons, foreign countries, and on public officers

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Service on Soldiers, Sailors, or Airmen (Rule 28)
 Summons is sent to the commanding officer

Alternative to Summons (Rule 30)

 For defendants of high rank, the court may substitute a letter for the summons

Written Statement (Order. VIII)

Order VIII: Written Statement, Set-off, and Counter-claim

Filing of Written Statement (Rule 1)

 The defendant must file a written statement within 30 days of receiving the summons.

 If unable to file within 30 days, the court may allow up to 120 days from the date of service of
summons.

 After 120 days, the defendant forfeits the right to file a written statement.

Production of Documents (Rule 1A)

 The defendant must produce all documents they rely on for their defense, set-off, or counter-claim.

 Documents must be listed and filed with the written statement.

 If a document is not in the defendant's possession, they must state whose possession it is in.

 Documents not produced as required may not be accepted as evidence later without court
permission.

Pleading Special Defenses (Rule 2)

 The defendant must raise all matters that show the suit is not maintainable or that the transaction is
void or voidable.

 Defenses like fraud, limitation, release, payment, performance, or illegality must be specifically
pleaded.

Specific Denials (Rules 3, 3A, 4, 5)

 The defendant must specifically deny each allegation they dispute.

 General denials are not sufficient.

 For commercial cases, the defendant must state which allegations they deny, admit, or require proof
of.

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  Evasive denials are not allowed; the defendant must answer the substance of each allegation.

 Any allegation not specifically denied is considered admitted.

Set-off (Rule 6)
 The defendant can claim a set-off for an ascertained sum of money recoverable from the plaintiff.

 The set-off must be presented in a written statement at the first hearing.

 The set-off is treated like a cross-suit, allowing the court to give judgment on both the original
claim and the set-off.

Counter-claim (Rules 6A-6G)

 The defendant can file a counter-claim against the plaintiff's claim.

 The counter-claim must be explicitly stated as such in the written statement.

 It is treated as a plaint and governed by the rules applicable to plaints.

 The plaintiff can file a written statement in response to the counter-claim.

 The court can exclude a counter-claim if it believes it should be dealt with in a separate suit.

 If the plaintiff's suit is dismissed, the counter-claim can still proceed.

Multiple Grounds of Defense (Rule 7)

 If the defendant has several distinct grounds of defense, set-off, or counter-claim, they should be
stated separately.

New Grounds of Defense (Rule 8)

 Any new ground of defense that arises after the suit's institution can be raised in the written
statement.

Subsequent Pleadings (Rule 9)

 No pleadings after the written statement are allowed without court permission, except in response
to a set-off or counter-claim.

 The court can require additional written statements from any party within 30 days.

Failure to File Written Statement (Rule 10)

 If a party fails to file a required written statement, the court can pronounce judgment against them
or make any appropriate order.

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  The court cannot extend the time for filing a written statement beyond the limits set in Rule 1.

Appearance of Parties, Examination, Production of Documents, Admission.

(Section 30, Order. IX-XIII)

Order IX: Appearance of Parties and Consequences of Non-Appearance

Day of Appearance (Rule 1)

 Both parties must appear in person or through pleaders on the day fixed in the summons.

 The suit will be heard unless adjourned to a future date.

Dismissal for Failure to Pay Costs (Rule 2)

 If summons isn't served due to plaintiff's failure to pay court fees or postal charges, the suit may be
dismissed.

 Exception: If the defendant appears despite this failure, the suit won't be dismissed.

Non-appearance of Both Parties (Rule 3)

 If neither party appears, the court may dismiss the suit.

Fresh Suit or Restoration (Rule 4)

 If dismissed under Rule 2 or 3, the plaintiff may file a fresh suit (subject to limitation) or apply to
set aside the dismissal.

 If sufficient cause is shown, the court may set aside the dismissal and proceed with the suit.

Dismissal for Failure to Apply for Fresh Summons (Rule 5)

 If summons is returned unserved and plaintiff fails to apply for fresh summons within 7 days, the
suit may be dismissed.

 Exceptions: If plaintiff shows best efforts to locate defendant, proves defendant is avoiding service,
or shows other sufficient cause.

Procedure When Only Plaintiff Appears (Rule 6)

 If summons was duly served, the court may hear the suit ex parte.

 If summons wasn't duly served, a second summons will be issued.

 If summons was served but not in time, the hearing will be postponed.

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Late Appearance of Defendant (Rule 7)
 If defendant appears late but shows good cause, they may be heard upon such terms as the court
directs.

Procedure When Only Defendant Appears (Rule 8)

 The suit will be dismissed unless the defendant admits the claim wholly or partly.

 If part of the claim is admitted, a decree will be passed for that part and the rest dismissed.

Bar on Fresh Suit After Dismissal (Rule 9)

 Dismissal under Rule 8 bars a fresh suit on the same cause of action.

 Plaintiff may apply to set aside dismissal if sufficient cause for non-appearance is shown.

Multiple Plaintiffs (Rule 10)

 If some plaintiffs appear and others don't, the court may allow the suit to proceed or make
appropriate orders.

Multiple Defendants (Rule 11)

 If some defendants appear and others don't, the suit shall proceed against all.

Non-appearance of Party Ordered to Appear in Person (Rule 12)

 If a party ordered to appear in person fails to do so without sufficient cause, they're subject to rules
applicable to non-appearing parties.

Setting Aside Ex Parte Decree Against Defendant (Rule 13)

 Defendant may apply to set aside an ex parte decree if: a) Summons wasn't duly served, or b) They
were prevented by sufficient cause from appearing

 The decree may be set aside on such terms as the court thinks fit.

 A decree won't be set aside merely for irregularity in service if the defendant had notice and
sufficient time to appear.

Notice Required to Set Aside Decree (Rule 14)

 No decree shall be set aside without notice to the opposite party.

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Order X: Examination of Parties by the Court

Ascertainment of Admissions and Denials (Rule 1)

 At the first hearing, the court must determine which allegations in the pleadings are admitted or
denied by each party.

 The court must record these admissions and denials.

Alternative Dispute Resolution (Rules 1A, 1B, 1C)

 After recording admissions and denials, the court shall direct parties to choose a mode of settlement
outside the court.

 The court will fix a date for appearance before the chosen forum or authority.

 Parties must appear before the chosen conciliation forum or authority.

 If conciliation fails, the matter is referred back to the court, and parties are directed to appear on a
fixed date.

Oral Examination of Parties (Rule 2)

 At the first hearing: a) The court shall orally examine parties present in person to clarify matters in
controversy. b) The court may examine any person accompanying a party who can answer material
questions.

 At subsequent hearings: a) The court may orally examine parties present in person. b) The court
may examine persons accompanying parties who can answer material questions.

 The court may ask questions suggested by either party during the examination.

Recording of Examination (Rule 3)

 The substance of the oral examination must be written down by the judge.

 This written record becomes part of the case record.

Consequences of Pleader's Inability to Answer (Rule 4)

 If a pleader or accompanying person refuses or is unable to answer a material question: a) The court
may postpone the hearing for up to seven days. b) The court may direct the party to appear in person
on the appointed day.

 If the party fails to appear without lawful excuse on the appointed day: a) The court may pronounce
judgment against them. b) The court may make any other appropriate order related to the suit.

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These rules outline the court's power to examine parties and their companions, the procedure for recording
such examinations, and the consequences if a pleader is unable to answer material questions. The rules also
emphasize the importance of exploring alternative dispute resolution methods before proceeding with the
suit.

Powers of the Court for Discovery and Evidence (Section 30)

Section 30 of the Code of Civil Procedure, 1908, outlines the court's powers to order discovery and manage
evidence. This section can be divided into three main parts:

Discovery and Document Management (Subsection a)

o The court has the authority to make necessary or reasonable orders regarding: a) Delivery
and answering of interrogatories b) Admission of documents and facts c) Discovery,
inspection, and production of documents d) Impounding and return of documents e)
Handling of other material objects that can be used as evidence

Note: These powers are subject to prescribed conditions and limitations.

Summoning Witnesses and Requesting Documents (Subsection b)

o The court can issue summonses to: a) Persons whose attendance is required to give
evidence b) Individuals who need to produce documents or other relevant objects

Proof by Affidavit (Subsection c)

o The court has the power to order that any fact be proved by affidavit

Important Points:
1. The court can exercise these powers at any time during the proceedings.

2. The court can act on its own motion or upon the application of any party involved in the case.

3. These powers give the court significant control over the evidence-gathering process and help ensure
a fair trial.

In simpler terms, this section empowers the court to:

 Request and manage information and documents relevant to the case

 Call witnesses to testify or provide documents

 Allow facts to be proven through written statements (affidavits)

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These powers help the court gather all necessary information to make informed decisions and conduct a
fair trial.

Order XI: Discovery and Inspection

Interrogatories (Rules 1-11)

 Parties may deliver written interrogatories to examine the opposite party with court permission.

 Only one set of interrogatories allowed without a court order.

 Irrelevant interrogatories are not allowed.

 The court decides which interrogatories are necessary within 7 days of application.

 Costs may be imposed for unreasonable or vexatious interrogatories.

 Interrogatories must follow Form No. 2 in Appendix C.

 For corporations, interrogatories may be delivered to any member or officer.

 Objections to interrogatories can be taken in the affidavit in answer.

 Interrogatories can be set aside or struck out if unreasonable, vexatious, or scandalous.

 Answers must be filed within 10 days or as allowed by the court.

 The court may order further answers if responses are insufficient.

Discovery of Documents (Rules 12-14)

 Parties can apply for an order directing the other party to discover documents on oath.

 The court may refuse, adjourn, or make an order for discovery as it sees fit.

 Affidavit of documents must specify which documents the party objects to produce.

 The court can order production of documents at any time during the suit.

Inspection of Documents (Rules 15-19)

 Parties can give notice to inspect documents referenced in pleadings or affidavits.

 Notice for inspection must be given before the settlement of issues.

 The party receiving notice must respond within 10 days, stating a time for inspection.

 The court can make an order for inspection if the party fails to allow inspection.

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  For business books, the court may order verified copies instead of original documents.

 The court can inspect documents to decide on claims of privilege.

Premature Discovery (Rule 20)

 The court may order that certain issues be determined before deciding on discovery or inspection
rights.

Non-compliance with Discovery Orders (Rule 21)

 Failure to comply may result in dismissal of the suit (for plaintiffs) or striking out of defense (for
defendants).

 A plaintiff whose suit is dismissed is precluded from bringing a fresh suit on the same cause of
action.

Using Answers to Interrogatories at Trial (Rule 22)

 Parties can use answers to interrogatories as evidence at trial without putting in the entire answer.

 The court may require other parts of the answer to be put in if they are connected.

Application to Minors (Rule 23)

 These rules apply to minor plaintiffs and defendants, and their guardians for the suit.

These rules outline the procedures for discovery and inspection of documents in civil suits, including the
use of interrogatories, production of documents, and consequences for non-compliance.

Order XII: Admissions

Notice of Admission Rule 1:

 Any party in a suit can give written notice, either in their pleading or separately, admitting the truth
of the whole or part of another party's case.

Admission of Documents Rule 2:

 A party can ask the other party to admit documents within 7 days of receiving notice.

 If a party refuses or neglects to admit a document after notice, they may have to pay the costs of
proving that document, regardless of the suit's outcome.

 The court can decide otherwise about costs.

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  Costs for proving a document won't be allowed without such notice, unless the court finds that
omitting the notice saved expenses.

Rule 2A:
 Documents are deemed admitted if not specifically denied after receiving notice.

 This doesn't apply to persons under disability.

 The court may still require proof of admitted documents.

 If a party unreasonably refuses to admit a document, the court may order them to pay compensation
to the other party.

Rule 3: The notice to admit documents should follow Form No. 9 in Appendix C, with necessary variations.

Rule 3A: The court can, at any stage and on its own, ask a party to admit any document and record their
response.

Admission of Facts Rule 4:

 A party can ask another party to admit specific facts for the suit's purpose.

 This notice must be given at least 9 days before the hearing.

 The other party has 6 days to respond, or within a court-allowed extension.

 If they refuse or neglect to admit, they may have to pay the costs of proving those facts.

 Admissions made this way are only for the current suit.

Rule 5: Notices to admit facts should follow Form No. 10, and admissions of facts should follow Form
No. 11 in Appendix C.

Judgment on Admissions Rule 6:

 The court can give judgment based on admissions of fact at any stage of the suit.

 This can be done on a party's application or by the court's own motion.

 A decree will be drawn up based on this judgment.

Evidence of Admissions Rule 7: An affidavit by the pleader or their clerk about the signature on
admissions is sufficient evidence of those admissions.

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Notice to Produce Documents Rule 8:
 Notice to produce documents should follow Form No. 12 in Appendix C.

 An affidavit by the pleader or their clerk about serving this notice is sufficient evidence of service.

Costs for Unnecessary Documents Rule 9:

If a notice to admit or produce specifies unnecessary documents, the party giving such notice bears the
costs.

These rules aim to streamline the legal process by encouraging parties to admit facts and documents,
reducing the need for formal proof and potentially speeding up proceedings.

Order XIII: Production, Impounding, and Return of Documents

Production of Original Documents (Rule 1)

o Parties must produce original documents at or before the settlement of issues.

o The court receives these documents with an accurate list.

o Exceptions: Documents for cross-examination or refreshing witness memory.

Rejection of Irrelevant Documents (Rule 3)

o The court can reject irrelevant or inadmissible documents at any stage.

o Grounds for rejection must be recorded.

Endorsements on Admitted Documents (Rule 4)

o Documents admitted as evidence must be endorsed with: a) Suit number and title b) Name
of the person producing it c) Date of production d) Statement of admission

o Judge must sign or initial the endorsement.

o For entries in books or records, endorsements are made on the copy.

Copies of Admitted Entries (Rule 5)

o For entries in current books or accounts, parties can furnish copies.

o For public records or third-party books, the court may require copies.

o Original books are returned after examination and certification of copies.

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Endorsements on Rejected Documents (Rule 6)
o Inadmissible documents are endorsed with suit details and rejection statement.

o Judge must sign or initial this endorsement.

Handling of Admitted and Rejected Documents (Rule 7)

o Admitted documents (or their copies) form part of the suit record.

o Rejected documents are returned to those who produced them.

Impounding of Documents (Rule 8)

o Court can order any document to be impounded and kept in custody.

Return of Admitted Documents (Rule 9)

o Documents can be returned after the suit is disposed of.

o In appealable cases, documents are returned after the appeal period or appeal disposal.

o Early return possible if certified copies are substituted.

o Receipt must be given upon return of documents.

Requisition of Records from Other Courts (Rule 10)

o Court can send for records from its own or other courts.

o Application for such records must be supported by an affidavit.

o Inadmissible documents cannot be used as evidence.

Application to Material Objects (Rule 11) :These rules apply to other material objects producible as
evidence.

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 MODULE 6
 Framing of Issues (Order. XIV)
 Hearing of Parties (Order. XV)
 Summon to Witnesses (Section 31-32, Order. XVI)
 Adjournment (Order. XVII)
 Hearing of the Suit (Order. XVIII)
 Affidavits (Order. XIX)

Framing of Issues (Order. XIV)

Order XIV: Settlement of Issues and Determination of Suit

Framing of Issues (Rule 1)

o Issues arise when material propositions are affirmed by one party and denied by another.

o Material propositions are facts or laws essential for a plaintiff's right to sue or a defendant's
defense.

o Each disputed material proposition forms a distinct issue.

o Issues can be of fact or law.

o Court frames issues after reading pleadings, examining parties, and hearing arguments.

o No need to frame issues if defendant makes no defense at first hearing.

Court's Judgment on All Issues (Rule 2)

o Court must pronounce judgment on all issues, even if case is disposed of on a preliminary
issue.

o For mixed issues of law and fact, court may try law issue first if it relates to: a) Court's
jurisdiction b) Legal bar to the suit

o Other issues may be postponed until after the law issue is determined.

Materials for Framing Issues (Rule 3) Issues can be framed from:

o Sworn allegations by parties or their representatives

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 o Allegations in pleadings or answers to interrogatories

o Contents of documents produced by either party

Examination Before Framing Issues (Rule 4)

o Court may adjourn framing of issues (up to 7 days) to examine persons or documents not
before it.

o Court can compel attendance of persons or production of documents if necessary.

Amendment and Striking Out of Issues (Rule 5)

o Court can amend issues or frame additional ones before passing decree.

o Court can strike out wrongly framed or introduced issues before passing decree.

Agreed Issues Between Parties (Rule 6)

o Parties can agree on questions of fact or law and state them as issues.

o They can enter into a written agreement specifying outcomes based on court's finding, such
as: a) Payment of money b) Declaration of rights or liabilities c) Delivery of property d)
Performance or abstention from specific acts

Court's Judgment on Agreed Issues (Rule 7)

o Court may pronounce judgment on agreed issues if satisfied: a) Agreement was duly
executed b) Parties have substantial interest in the decision c) Issue is fit to be tried and
decided

o Court tries the issue and pronounces judgment according to the agreement.

o Decree follows based on this judgment.

Hearing of Parties (Order. XV)

Order XV: Disposal of the Suit at the First Hearing

When Parties Are Not at Issue (Rule 1)

o If parties have no disagreement on questions of law or fact, the court may pronounce
judgment immediately.

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Dealing with Multiple Defendants (Rule 2)
o If one defendant is not at issue with the plaintiff, the court may: a) Pronounce judgment for
or against that defendant immediately b) Continue the suit against other defendants

o Decree is drawn up based on this judgment and bears the date of judgment pronouncement

When Parties Are at Issue (Rule 3)

o If parties disagree on law or fact and issues have been framed, the court may proceed if: a)
No further evidence or arguments are required for decision b) No injustice will result from
immediate proceedings

o Court can determine issues and pronounce judgment if findings are sufficient

o This applies whether summons was for issue settlement or final disposal

o For issue settlement summons, all parties/pleaders must be present and not object

o If findings are insufficient, court postpones hearing and sets date for further
evidence/arguments

Failure to Produce Evidence (Rule 4)

o Applies when summons is for final disposal

o If a party fails to produce evidence without sufficient cause, the court may: a) Pronounce
judgment immediately, or b) Frame and record issues, then adjourn for necessary evidence
production

Summon to Witnesses (Section 31-32, Order. XVI)

Section 31: Summons to Witness

 The provisions in sections 27, 28, and 29 (which likely deal with general summons procedures)
also apply to summons issued for:

a) Giving evidence
b) Producing documents
c) Producing other material objects

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Section 32: Penalty for Default

 This section gives the court power to compel attendance of a person summoned under section 30
(which likely deals with summoning witnesses).

 The court can use the following measures:

a) Arrest Warrant: Issue a warrant for the person's arrest

b) Property Attachment: Attach and sell the person's property
c) Fine: Impose a fine up to 5,000 rupees
d) Security and Imprisonment: Order the person to provide security for their appearance and
If security is not provided, commit the person to civil prison

These provisions demonstrate the serious consequences for failing to appear when summoned by the court
as a witness. They give the court significant powers to ensure compliance with its summons, ranging from
financial penalties to arrest and imprisonment.

Order XVI- Summoning and Attendance of Witnesses

List of Witnesses and Summons (Rules 1-1A)

o Parties must present a list of witnesses within 15 days after issues are settled

o Application for summons must state the purpose

o Court may permit additional witnesses for sufficient cause

o Parties can bring witnesses without summons

Expenses for Witnesses (Rules 2-4)

o Party applying for summons must pay witness expenses into court

o Special provisions for expert witnesses

o Court can order additional payment if initial sum is insufficient

Summons Details (Rules 5-6)

o Summons must specify time, place, and purpose of attendance

o Persons can be summoned just to produce documents

Summoning Persons Present in Court (Rule 7)

o Court can require anyone present to give evidence or produce documents

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Service of Summons (Rules 7A-9)
o Court may allow parties to serve summons

o Rules for proper service and timing

Failure to Comply with Summons (Rules 10-13)

o Court can issue proclamations, warrants, or attach property for non-compliance

o Fines up to 500 rupees can be imposed

o Provisions for attachment and sale of property

Court's Power to Summon Witnesses (Rule 14)

o Court can summon any person as a witness on its own motion

Duties of Summoned Persons (Rules 15-17)

o Must attend and produce documents as required

o Should attend each hearing until suit is disposed of

Dealing with Arrested Witnesses (Rule 18)

o Provisions for bail or detention if parties are absent

Limits on Personal Attendance (Rule 19)

o Geographical limits for ordering personal attendance

o Special provision for air travel

Refusal to Give Evidence (Rules 20-21)

o Court can pronounce judgment against refusing parties

o Witness rules apply to parties required to give evidence

This order provides a comprehensive framework for summoning witnesses, ensuring their attendance, and
dealing with non-compliance in civil proceedings.

Adjournment (Order. XVII)

Granting Time and Adjournments (Rule 1)

o Court may grant time to parties at any stage of the suit for sufficient cause

o Reasons for adjournment must be recorded in writing

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 o No more than three adjournments can be granted to a party during the hearing

Costs of Adjournment
o Court must fix a day for further hearing

o Court can order costs occasioned by the adjournment

Continuity of Hearings
o Once started, hearings should continue day-to-day until all witnesses are examined

o Adjournments beyond the next day require exceptional reasons

Restrictions on Adjournments
o Adjournments granted only for circumstances beyond a party's control

o Pleader's engagement in another court is not a valid ground

o Illness of pleader must be verified; party should have tried to engage another pleader

Handling Absent Parties or Pleaders

o If a witness is present but party/pleader is absent or unprepared, court may record the
witness statement

o Court can dispense with examination-in-chief or cross-examination in such cases

Failure to Appear on Adjourned Date (Rule 2)

o If parties fail to appear on the adjourned date, court can dispose of the suit as per Order IX

o If substantial evidence is already recorded, court may proceed as if the party were present

Failure to Produce Evidence or Witnesses (Rule 3)

o If a party fails to produce evidence, witnesses, or perform necessary acts: a) Court can
decide the suit forthwith if parties are present b) If parties are absent, court can proceed
under Rule 2

This Order aims to prevent unnecessary delays in legal proceedings by limiting adjournments and providing
guidelines for handling various scenarios of non-appearance or unpreparedness of parties.

Hearing of the Suit (Order. XVIII)

Right to Begin (Rule 1)

o Plaintiff generally has the right to begin

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 o Defendant may begin if they admit facts but contest on legal grounds

Statement and Production of Evidence (Rule 2)

o Party with right to begin states case and produces evidence first

o Other party then presents their case and evidence

o First party may reply generally

Written Arguments (Rule 3A-3F)

o Parties may submit written arguments before oral arguments

o Time limits for oral arguments may be set by court

o Written arguments become part of the record

Party as Witness (Rule 3A)

o Party wishing to be a witness should appear before other witnesses

Recording of Evidence (Rule 4)

o Examination-in-chief is on affidavit

o Cross-examination and re-examination recorded by court or commissioner

o Provisions for additional affidavits and withdrawal of affidavits

Evidence in Appealable Cases (Rule 5)

o Evidence to be taken down in the language of the court

Interpretation of Deposition (Rule 6)

o Evidence to be interpreted if taken in a different language

Memorandum of Evidence (Rule 8)

o Judge to make memorandum if evidence not taken down in writing

Evidence in English (Rule 9)

o Provisions for taking evidence in English in non-English courts

Recording Specific Questions and Objections (Rules 10-11)

o Court may record particular questions, answers, and objections

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Remarks on Witness Demeanor (Rule 12)
o Court may record remarks on witness demeanor

Evidence in Unappealable Cases (Rule 13)

o Memorandum of substance of evidence sufficient

Change of Judge (Rule 15)

o Successor judge may use evidence recorded by predecessor

Immediate Examination of Witness (Rule 16)

o Provisions for examining witness about to leave jurisdiction

Recalling Witnesses (Rule 17)

o Court may recall and re-examine witnesses at any stage

Court Inspection (Rule 18)

o Court may inspect property or things related to the case

Recording Statements on Commission (Rule 19)

o Court may direct statements to be recorded on commission

This Order provides a comprehensive framework for conducting hearings, examining witnesses, and
managing evidence in civil suits.

Affidavits (Order. XIX)

Proof by Affidavit (Rule 1)

o Court may order specific facts to be proved by affidavit

o If a party desires cross-examination of a witness, affidavit evidence may not be allowed

Cross-examination of Deponent (Rule 2)

o Court may order attendance of deponent for cross-examination

o Attendance usually in court unless exempted or directed otherwise

Content of Affidavits (Rule 3)

o Confined to facts within deponent's personal knowledge

o Interlocutory applications may include statements of belief with stated grounds

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 o Unnecessary hearsay or argumentative matter may incur costs

Court Control of Evidence (Rule 4)

o Court may regulate evidence on specific issues

o Court may exclude evidence, giving reasons in writing

Redacting or Rejecting Evidence (Rule 5)

o Court may redact portions of affidavits not constituting evidence

o Court may reject affidavits not constituting admissible evidence

Format and Guidelines for Affidavits (Rule 6)

o Should follow chronological sequence of relevant events

o Court may strike out mere reproductions of pleadings

o Each paragraph should focus on a distinct portion of the subject

o Must state which statements are from personal knowledge vs. information/belief

o Should have numbered pages and paragraphs

o Should use figures for numbers and dates

o Should reference annexed documents properly

Amendment to Rule 1
o Court may order attendance of witness for cross-examination if deemed necessary, even
after filing of affidavit

This Order provides detailed guidelines on the use of affidavits in civil proceedings, including their content,
format, and the court's power to control and regulate affidavit evidence. It also emphasizes the court's
discretion in managing affidavit evidence and ensures that parties have the opportunity for cross-
examination when necessary.

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 MODULE 7
 Judgment and Decree (Section.33)
 Interest (Section.34)
 Costs (Section.33-35-B)

Judgment and Decree (Section 33)

 After hearing a case, the court must pronounce judgment.

 Based on this judgment, a decree will follow.

Note: A judgment is the court's reasoning and decision, while a decree is the formal expression of that
decision.

Interest (Section 34)

This section deals with the court's power to award interest in money decrees:

a) Pre-decree Interest:

 The court may order interest on the principal sum from the date of the suit to the date of the decree.

 This is in addition to any interest awarded for the period before the suit was filed.

b) Post-decree Interest:

 The court may award further interest from the date of the decree to the date of payment.

 Generally, this interest should not exceed 6% per annum.

c) Commercial Transactions Exception:

 For liabilities arising from commercial transactions, the post-decree interest rate may exceed 6%
per annum.

 It cannot exceed the contractual interest rate or the rate at which nationalized banks lend for
commercial transactions (if no contractual rate exists).

d) Definitions:

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  "Nationalized bank" refers to corresponding new banks as defined in the Banking Companies Act,
1970.

 A "commercial transaction" is one connected with industry, trade, or business.

e) Silence on Post-decree Interest:

 If the decree is silent on post-decree interest, it's assumed the court has refused such interest.

 A separate suit for such interest is not allowed.

Costs (Section 35-35B)

Cost (Section 35)

This section deals with the court's power to award costs:

a) Court's Discretion:

 The court has discretion to determine costs, subject to prescribed conditions and limitations.

b) Scope of Court's Power:

 The court can decide who pays the costs, from what property, and to what extent.

 The court can give necessary directions regarding costs.

 Lack of jurisdiction to try the suit doesn't bar the court from exercising these powers.

c) Costs Not Following the Event:

 If the court decides that costs should not follow the event (i.e., the losing party doesn't pay), it must
provide written reasons for this decision.

Compensatory Costs for False or Vexatious Claims or Defenses (Section 35A)

a) Applicability:

 Applies to any suit or proceeding, including execution proceedings, but excluding appeals and
revisions.

b) Grounds for Compensatory Costs:

 A party objects to a claim or defense as false or vexatious.

 The claim or defense is subsequently disallowed, abandoned, or withdrawn.

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c) Court's Power:

 The court may order the party who made the false or vexatious claim/defense to pay compensatory
costs to the objector.

 The court must record its reasons for holding the claim/defense false or vexatious.

d) Limitations on Compensatory Costs:

 Maximum amount: Rs. 3,000 or the court's pecuniary jurisdiction limit, whichever is less.

 Special provision for Small Cause Courts with jurisdiction below Rs. 250.

 High Court can empower or limit the amount awarded by lower courts.

e) Criminal Liability:

 Payment of compensatory costs doesn't exempt the person from criminal liability for the false
claim/defense.

f) Consideration in Subsequent Suits:

 The compensatory costs awarded must be considered in any subsequent suit for damages related to
the same claim/defense.

Costs for Causing Delay (Section 35B)

a) Grounds for Imposing Costs:

 A party fails to take a required step on a fixed date.

 A party obtains an adjournment for any reason.

b) Court's Power:

 The court may order the party causing delay to pay costs to the other party.

 The costs should be sufficient to reimburse the other party's expenses for attending court on that
date.

c) Condition for Further Prosecution:

 Payment of these costs is a condition for further prosecution of the suit (if plaintiff is ordered to
pay) or defense (if defendant is ordered to pay).

 Payment must be made on the next day following the order.

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d) Separate Defenses:

 If there are separate defenses by different defendants, payment of costs is a condition for further
prosecution of defense by the specific defendant(s) ordered to pay.

e) Treatment of Costs:

 If paid, these costs are not included in the costs awarded in the final decree.

 If unpaid, a separate executable order is drawn up specifying the amount and the persons liable to
pay.

These provisions aim to discourage false or vexatious litigation and unnecessary delays in court
proceedings, providing the court with tools to penalize such behavior and compensate the affected parties.

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