⚖️IMPORTANT QUESTIONS OF PREVIOUS

YEARS
VERY SHORT QUESTIONS
(Organised strictly by CCS University syllabus order)

UNIT I – Preliminary & Jurisdictional Concepts

Q1. Define Civil Procedure Code and state its object.

The Code of Civil Procedure, 1908 (CPC) is the law that prescribes the procedure for
adjudicating civil cases in India. It does not create rights but provides the mechanism to enforce
civil rights recognized by substantive laws like the Contract Act or Transfer of Property Act.
The main object of the CPC is to ensure fair, speedy, and uniform justice by regulating the
working of civil courts. It lays down rules regarding suits, pleadings, appearance, evidence,
execution, and appeals. The Code harmonizes procedures across India and prevents multiplicity
of proceedings by incorporating doctrines like res judicata and res subjudice.

Q2. Define ‘Decree’ and state its essential elements.

As per Section 2(2) of CPC, a decree is the formal expression of an adjudication which
conclusively determines the rights of the parties with regard to all or any of the matters in
controversy.
Essential elements:

1. Adjudication by a court.
2. Determination of rights of parties.
3. Conclusive decision.
4. It must be in a suit and formally expressed.
A decree may be preliminary, final, or partly preliminary and
partly final.
For example, in a partition suit, the preliminary decree decides the
shares of parties, while the final decree divides property accordingly.
An order differs as it does not finally determine the rights.
Q3. What is a ‘Judgment’?

Under Section 2(9) of CPC, “judgment” means the statement given by the judge on the grounds
of a decree or order. It includes reasons, findings on issues, and conclusions reached by the court.
A judgment must contain:

1. A concise statement of the case,

2. Points for determination,
3. Decision and reasons.
Judgment forms the foundation for a decree and ensures transparency
in judicial decision-making.
For instance, after hearing both parties in a property dispute, the court
records its reasons (judgment) and then formally draws a decree.

Q4. What is a ‘Decree-holder’ and ‘Judgment-debtor’?

Under Section 2(3), Decree-holder means any person in whose favor a decree has been passed.
Under Section 2(10), Judgment-debtor means the person against whom the decree has been
passed.
Example: In a money recovery suit, if the court decrees ₹1,00,000 in favor of A against B, then
A is the decree-holder and B is the judgment-debtor.
These terms are vital during the execution stage, where the decree-holder seeks to enforce the
decree through court processes like attachment and sale of the debtor’s property.

Q5. Define a ‘Foreign Judgment’.

According to Section 2(6) CPC, a foreign judgment means the judgment of a foreign court, i.e.,
a court situated outside India and not established by the authority of the Central Government.
Foreign judgments are recognized under Sections 13 and 14 CPC. A foreign judgment is
conclusive between the same parties except where obtained by fraud, without jurisdiction, or
opposed to natural justice.
For instance, a decree from a UK court against an Indian defendant is a foreign judgment but
enforceable in India only if it meets the conditions of Section 13.

Q6. What is a ‘Suit of Civil Nature’?

A suit of civil nature is one involving the determination of private rights or civil property rights,
as opposed to criminal or political matters.
Under Section 9 CPC, civil courts have jurisdiction to try all suits of a civil nature unless barred
by law.
Examples include disputes over property, contracts, or money.
Even if the suit involves some religious issues (like right to worship), it is still of civil nature if
civil rights are affected.
The leading case Dhulabhai v. State of M.P. (AIR 1969 SC 78) clarified that exclusion of civil
jurisdiction must be express or implied.

Q7. Explain the Principle of Res Judicata.

Section 11 CPC lays down the doctrine of res judicata, meaning “a matter already decided
cannot be reopened.”
It prevents the same parties from litigating the same issue once finally decided by a competent
court.
Essentials:

1. Same parties or their representatives.

2. Same subject matter.
3. Same title in the former and subsequent suit.
4. Former suit decided by a competent court.
This principle ensures finality of litigation and prevents multiplicity
of suits.
→ Case: Satyadhyan Ghosal v. Deorajin Debi (AIR 1960 SC 941) –
Res judicata applies even to different stages of the same proceedings.

Q8. What is Res Subjudice?

Section 10 CPC embodies the rule of res subjudice meaning “a matter already under judicial
consideration.”
It bars courts from proceeding with a trial if the matter in issue is pending before another
competent court.
The purpose is to avoid conflicting judgments and duplication of litigation.
Conditions:

1. Two suits between same parties.

2. Same subject matter and title.
3. Previously instituted suit pending in competent court.
When these conditions are met, the later suit must be stayed.
→ Case: Pukhraj D. Jain v. G. Gopalakrishna (2004) – The principle
promotes judicial economy and consistency.
Q9. What is the Place of Suing under CPC?

The place of suing determines which court has territorial jurisdiction to entertain a civil suit.
Sections 15 to 20 CPC lay down the rules.

 Section 15: Suit to be filed in the court of the lowest grade competent
to try it.
 Section 16–18: For immovable property, suit to be filed where
property is situated.
 Section 19: For compensation for wrong, where act occurred or
defendant resides.
 Section 20: General rule—where defendant resides, carries business,
or cause of action arises.
This ensures convenience to the defendant and prevents forum
shopping.

Q10. When is a Foreign Judgment not Conclusive?

Under Section 13 CPC, a foreign judgment is not conclusive in the following cases:

1. Pronounced by a court without jurisdiction.

2. Not given on merits.
3. Appears to be founded on incorrect view of international or Indian law.
4. Contrary to natural justice.
5. Obtained by fraud.
6. Sustains a claim founded on breach of Indian law.
Thus, while CPC promotes recognition of foreign decrees, it safeguards
Indian public policy and fairness.

UNIT II – Parties to Suit, Frame of Suit &

Pleadings

Q1. Who are “Necessary” and “Proper” Parties to a Suit?

Parties to a suit are the persons whose presence is essential for effective adjudication.

 A necessary party is one without whom no decree can be effectively

passed.
  A proper party is one whose presence facilitates complete and final
decision, though a decree can still be passed without them.
If a necessary party is not joined, the suit is liable to be dismissed for
non-joinder.
→ Case: Deputy Commissioner v. Ram Krishna (AIR 1954 SC 521)
– Both necessary and proper parties must be joined for avoiding
multiplicity of proceedings.

Flow: → Identify Right in Dispute → Find Who is Affected → Join as Necessary/Proper Party.

Q2. What is the meaning of “Frame of Suit”?

The Frame of Suit means the structure in which a suit is organized — parties, cause of action,
relief sought, and subject matter — as per Order II CPC.
Rule 1 mandates that every suit must include the whole claim arising from a cause of action to
avoid splitting of claims.
Rule 2 prohibits a plaintiff from later suing for the remaining part of the same cause of action.
→ Example: If A sues B for rent of January–March but omits February, he cannot sue later for
February rent.
This principle ensures finality, economy, and avoidance of multiplicity of suits.

Q3. What is a “Pleading”?

Under Order VI Rule 1 CPC, pleadings mean plaint and written statement. Pleadings are the
foundation of a civil case, containing material facts on which each party relies.
Object:

1. To define issues clearly.

2. To prevent surprise at trial.
3. To confine the evidence within the scope of dispute.
→ Case: Virendra Kashinath v. Vinayak N. Joshi (1999) – Pleadings
must contain facts, not evidence.
Two Rules:
(a) Facts, not law, should be pleaded.
(b) No evidence to be pleaded.
Q4. What are the contents of a “Plaint”?

A plaint is the written statement by the plaintiff stating his claim. It is governed by Order VII
Rule 1 CPC.
Essential contents:

1. Name of court and parties.

2. Cause of action and facts.
3. Jurisdictional facts.
4. Relief claimed.
5. Signature and verification.
The plaint must also include a valuation for jurisdiction and court
fee.
If a plaint lacks cause of action or is barred by law, it can be rejected
under Order VII Rule 11.
→ Case: T. Arivandandam v. T.V. Satyapal (AIR 1977 SC 2421) –
Vexatious plaints should be rejected at the threshold.

Q5. What is a “Written Statement”?

A written statement is the defendant’s reply to the plaint as per Order VIII CPC.
It must contain a specific denial of each allegation made by the plaintiff.
If an allegation is not specifically denied, it is taken as admitted (Rule 5).
The defendant may also raise legal objections, set-offs, or counterclaims.
→ Case: Modi Spinning & Weaving Co. v. Ladha Ram (1976) – New inconsistent pleas
cannot be introduced later without amendment.
A written statement should be filed within 30 days, extendable to 90 days by the court for valid
reasons.

Q6. What is “Set-off”?

Under Order VIII Rule 6, a set-off is a cross-claim by the defendant against the plaintiff in a
money suit, allowing adjustment of mutual debts.
Conditions:

1. Both claims must be for ascertained sums of money.

2. Both parties must fill the same character (i.e., same capacity).
3. The sum claimed must be legally recoverable and within limitation.
→ Example: If A sues B for ₹10,000, and B owes A ₹4,000, B can claim
set-off for ₹4,000.
It avoids multiple suits and promotes judicial economy.
Flowchart:
Suit for Money → Defendant has cross-debt → Claims set-off → Court adjusts mutual liabilities.

Q7. What is “Counterclaim”?

A counterclaim under Order VIII Rule 6A allows a defendant to claim any right or relief
against the plaintiff, even exceeding the original claim.
It is like a cross-suit enabling joint disposal of both claims.
Difference from Set-off:

Basis Set-off Counterclaim

Scope Money claim only Any claim or relief

Natur Offensive (cross-

Defensive
e suit)

Filed with written Up to filing of

Stage
statement defense

→ Case: Jag Mohan Chawla v. Dera Radha Swami (1996) – Counterclaim can be filed even
after written statement with court’s permission.

Q8. What is a “Suit by Indigent Person”?

Under Order XXXIII CPC, a person unable to pay court fees can sue as an indigent person
(pauper).
A person is indigent if he is not possessed of sufficient means (excluding necessary wearing
apparel and subject matter of suit).
The application must contain particulars required in a plaint and a schedule of property.
If the court finds he has no means and the suit has merit, permission is granted.
→ Case: Union Bank of India v. Khader International (2001) – The privilege prevents denial
of justice due to poverty.
If later found that the person was not indigent, the suit is rejected.

Q9. What are “Representative Suits”?

A representative suit under Order I Rule 8 CPC allows one or more persons to sue or defend
on behalf of numerous persons having the same interest.
It ensures convenience and avoids multiple suits on identical issues.
Conditions:

1. Numerous persons share the same interest.

2. Permission of the court is obtained.
3. Notice must be given to all interested persons.
→ Case: Kalyan Singh v. State of U.P. (AIR 1962 SC 1183) –
Judgment binds all persons represented.
Such suits are common in public rights or community property cases.

Q10. What are the “Basic Rules of Pleadings”?

The fundamental rules under Order VI CPC are:

1. Plead material facts, not evidence.

2. State facts concisely and precisely.
3. Avoid legal conclusions and unnecessary details.
4. Every pleading must be signed and verified.
5. No departure from pleadings at trial is allowed.
→ Case: Bhagwati Prasad v. Chandramaul (1966 SC) – Courts may
grant relief consistent with pleadings and evidence.
These rules ensure clarity, avoid surprise, and confine trial to defined
issues.

Flowchart: Facts → Plead → Issues Framed → Evidence → Judgment → Decree.

UNIT – III: Summons, Appearance & Execution

Q1. What is a Summons?

A summons is a legal document issued by a court to a defendant, requiring him to appear before
the court on a specified date to answer the plaintiff’s claim. It ensures fair opportunity to defend.
Under Order V, Rule 1–30 CPC, every suit begins with the issue of summons to the defendant
after filing the plaint. The purpose is to give notice and prevent ex-parte proceedings. The
summons must specify the date of appearance and be signed by the judge or authorized officer,
bearing the court seal. Non-service or improper service of summons can invalidate proceedings.
Q2. What are the essentials of a valid Summons?

A valid summons must contain:

1. Seal and signature of the presiding officer (Rule 1).

2. Clear particulars of the court and suit.
3. Date, time, and place of appearance.
4. Proper mode of service as prescribed (personal, registered post, e-
mail, etc.).
5. Accompanied by a copy of the plaint (Rule 2).
Service must be effected in accordance with Rules 9–30 of Order V
CPC. Defective summons may cause delay and affect the validity of
subsequent proceedings.

Q3. What are the different modes of service of summons under

CPC?

Under Order V CPC, summons may be served through the following modes:

1. Personal or direct service (Rule 12).

2. Service by agent or advocate (Rule 14).
3. Substituted service – by affixing at a conspicuous place or by
publication in a newspaper (Rule 20).
4. Service by post, courier, or electronic means (Rule 9).
If the defendant avoids service, the court may order substituted
service, which is considered as good service. The objective is to
ensure that the defendant has due notice of the proceedings.

Q4. What is the procedure for appearance of parties?

Under Order IX CPC, both parties must appear before the court on the date fixed in the
summons.

 If both appear, the court proceeds with the hearing.

 If plaintiff does not appear, the suit may be dismissed for default
(Rule 2).
 If defendant does not appear, the court may pass an ex-parte
decree (Rule 6).
If sufficient cause is shown later, the court may set aside dismissal or
ex-parte decree (Rules 9 & 13). Thus, appearance is essential to ensure
fair trial and justice.
Q5. What is “Discovery and Inspection” under CPC?

Under Order XI, discovery means a pre-trial procedure by which a party obtains information
about facts and documents held by the opposite party. The objective is to narrow down issues,
prevent surprise, and promote a fair trial. It includes:

 Discovery by interrogatories (Rule 1–11) — written questions

served on the opposite party.
 Discovery of documents (Rule 12–21) — compelling the opposite
party to disclose documents relevant to the suit. It enhances
transparency and judicial efficiency.

Q6. What do you mean by “Summoning and Attendance of

Witnesses”?

The summoning and attendance of witnesses are governed by Order XVI CPC.
The court has the power to issue summons to witnesses to appear and give evidence or produce
documents.
Rules 1–21 provide:

 Summons must state the purpose and date of attendance.

 Expenses of the witness must be paid in advance.
 Non-compliance may attract coercive measures, including arrest or
attachment of property (Rule 10).
This ensures that the court can obtain necessary evidence for just
adjudication.

Q7. What is the meaning of “Execution of Decree”?

Execution means the enforcement or implementation of a decree or order passed by a

competent court. It is governed by Order XXI CPC (Rules 1–106).
Execution proceedings enable the decree-holder to realize the fruits of litigation.
Modes of execution include:

1. Delivery of property,
2. Attachment and sale of property,
3. Arrest and detention in civil prison,
 4. Appointment of receiver.
The court executing the decree must ensure compliance strictly
according to the decree’s terms.

Q8. What are the modes of execution of decrees under CPC?

According to Section 51 CPC, a decree may be executed by:

1. Delivery of property (movable or immovable).

2. Attachment and sale of property.
3. Arrest and detention of judgment-debtor.
4. Appointment of a receiver.
5. Execution in any other manner as the decree prescribes.
The decree-holder must apply in writing specifying the mode sought.
The court, after due inquiry, proceeds accordingly to ensure justice.

Q9. Which court may execute a decree?

Under Section 38 CPC, a decree may be executed by:

1. The court which passed it, or

2. The court to which it is sent for execution.
Section 39 CPC allows transfer of decree for execution if the judgment-
debtor resides or has property within the jurisdiction of another court.
The purpose is to ensure effectiveness and convenience in enforcing
decrees.

Q10. What is the difference between Decree-holder and

Judgment-debtor?

 Decree-holder (Sec. 2(3)) – The person in whose favor a decree has

been passed.
 Judgment-debtor (Sec. 2(10)) – The person against whom a decree
has been passed.
In simple terms, the decree-holder is entitled to the benefit, while the
judgment-debtor is bound to fulfill the obligation imposed by the
decree. These terms are essential in execution proceedings.
Q11. What are the powers of a court in execution proceedings?

The court has the power to:

1. Determine questions regarding execution, discharge, or satisfaction

(Sec. 47).
2. Attach and sell property.
3. Arrest judgment-debtor.
4. Transfer decree to another court.
5. Grant stay of execution if required.
6. Set aside sale if irregularity or fraud is proved.
Thus, execution is a continuation of the suit ensuring that justice is not
only declared but delivered.

Q12. What is meant by “Stay of Execution”?

Stay of execution refers to the temporary suspension of execution proceedings. It may be

granted:

 By the same court,

 By an appellate court, or
 By the High Court or Supreme Court under inherent or appellate
powers.
Grounds include pending appeal, fraud, or grave hardship. The
objective is to prevent irreparable injury to the judgment-debtor while
ensuring justice.

Q13. What is the meaning of “Satisfaction of Decree”?

A decree is said to be satisfied when the decree-holder receives the relief granted by the court,
such as payment of money, delivery of property, or specific performance.
Order XXI, Rules 1–2 deal with the mode and certification of satisfaction.
Once certified by the court, execution proceedings come to an end, and the decree cannot be
executed again.

Q14. What are the rights of a judgment-debtor in execution

proceedings?

The judgment-debtor has the right to:

 1. Be heard before attachment or arrest.
2. Seek stay or installment payment.
3. Prove satisfaction of decree.
4. Challenge irregularities or fraud in sale.
These rights ensure balance between enforcement and fairness.

Q15. What do you mean by “Execution against property”?

Execution against property involves attachment and sale of the movable or immovable
property of the judgment-debtor to realize the decretal amount.
Under Rules 41–106 of Order XXI, the property is attached, proclamation of sale is issued, and
then sold by public auction. Proceeds are applied to satisfy the decree. Certain properties,
however, are exempt from attachment under Section 60 CPC.

UNIT – IV: Incidental & Supplemental Proceedings

Q2. What is Commission under CPC?

A commission is an instrument through which the court delegates certain judicial acts (such as
examination, local investigation, or valuation) to a person known as a Commissioner.
Under Sections 75–78 and Order XXVI CPC, the court may issue commissions for:

 Examining witnesses,
 Making local investigations,
 Holding scientific or expert inquiries,
 Sale of property, or
 Partition of property.
The purpose is to aid the court in fact-finding when direct
examination is not possible or convenient. The Commissioner’s report
is not binding but carries significant evidentiary value.

Q2. What is meant by Letter of Request (Rogatory Commission)?

A Letter of Request or Rogatory Commission (Section 77 CPC) is issued when the witness or
evidence is located outside India.
The court may request a foreign court or authority to examine such a witness or collect evidence
and send the report back.
This procedure ensures that international cooperation aids Indian courts in obtaining crucial
evidence from abroad.
Such letters are essential in transnational civil cases involving foreign entities or witnesses.

Q3. What is Arrest before Judgment?

Under Order XXXVIII, Rules 1–4 CPC, a defendant may be arrested before judgment if the
court believes he is likely to abscond or leave jurisdiction to obstruct execution.
The object is preventive, not punitive — to ensure that the decree, when passed, is not rendered
infructuous.
The defendant must be given an opportunity to show cause. If he furnishes security, he cannot be
detained. This power must be exercised cautiously to prevent misuse.

Q4. What is Attachment before Judgment?

Order XXXVIII, Rules 5–13 CPC empower the court to attach the property of a defendant
before judgment if there is reason to believe he may dispose of or remove it to defeat future
execution.
The plaintiff must show prima facie case and furnish security.
The purpose is to protect the interests of the decree-holder by preventing fraudulent transfers.
However, wrongful attachment without cause can make the plaintiff liable for compensation
under Rule 6.

Q5. What is a Temporary Injunction?

A temporary injunction is an interim order issued under Order XXXIX, Rules 1–5 CPC
restraining a party from doing a particular act or directing him to perform a specific act.
It may be granted to:

1. Prevent waste, damage, or alienation of property,

2. Maintain status quo, or
3. Avoid irreparable loss.
The essential conditions are:

 Prima facie case,

 Balance of convenience, and
 Irreparable injury.
It remains in force till disposal of the suit or further order of the court.
Q6. What is an Interlocutory Order?

An interlocutory order is a temporary order passed during the pendency of a suit to preserve the
subject matter and ensure justice.
Examples include orders for temporary injunctions, appointment of receivers, or discovery of
documents.
Such orders are not final but aid in smooth conduct of proceedings.
They are passed under various provisions such as Order XXXIX and Order XL CPC, ensuring
no irreparable loss occurs before final adjudication.

Q7. Who is a Receiver and what are his powers?

A Receiver is an impartial person appointed by the court under Order XL, Rules 1–5 CPC to
manage or protect property during litigation.
His functions include:

 Collecting rents and profits,

 Managing or preserving the property, and
 Reporting to the court periodically.
The Receiver acts as an officer of the court and is accountable to it.
The appointment of a Receiver is an equitable remedy used when there
is a risk of property loss or mismanagement during pendency of suit.

Q8. What is an Appeal?

An appeal is the judicial examination of the decision of a lower court by a higher court.
It is governed by Sections 96–112 and Orders XLI–XLV CPC.
An appeal may lie from:

 Original decrees (Section 96),

 Appellate decrees (Section 100), or
 Orders (Section 104).
The right of appeal is a statutory right, not inherent.
The appellate court may confirm, vary, or reverse the decree appealed
from.
Q9. What is a Reference under CPC?

A Reference (Sections 113–114 and Order XLVI) occurs when a subordinate court refers a
question of law to the High Court for its opinion.
It is used when:

 The validity of a law or regulation is doubtful, or

 The case involves a substantial question of law.
The High Court’s opinion, when received, is binding on the referring
court.
This provision ensures judicial uniformity and correctness in legal
interpretation.

Q10. What is a Review?

A Review is re-examination of a judgment by the same court which passed it, as per Section 114
and Order XLVII CPC.
Grounds for review include:

1. Discovery of new evidence,

2. Error apparent on the face of record, or
3. Any other sufficient reason.
The purpose is to rectify mistakes without filing an appeal.
However, review cannot be used to re-argue the case on merits once
decided.

Q11. What is a Revision?

A Revision is a supervisory jurisdiction exercised by the High Court under Section 115 CPC.
It can be invoked where:

 A subordinate court has acted without or beyond jurisdiction,

 Failed to exercise jurisdiction, or
 Committed a material irregularity.
Revision is not an appeal—it only corrects jurisdictional errors to ensure
justice and judicial discipline.
Q12. What is Restitution under CPC?

Restitution (Section 144 CPC) means restoring the parties to the position they would have
occupied had the erroneous decree or order not been passed.
It is based on the principle that no one shall suffer by an act of the court.
When a decree is reversed or modified, the successful party may apply for restitution to recover
possession, property, or money wrongly paid.
The court must grant restitution as justice demands.

Q13. What is a Caveat?

A Caveat under Section 148A CPC is a precautionary measure by which a person expects that
another may file an application against him.
By filing a caveat, he requests the court to give him notice before passing any order.
It ensures no ex-parte orders are passed.
The caveat remains in force for 90 days and protects the caveator’s right to be heard.

Q14. What are Inherent Powers of the Court?

Under Section 151 CPC, the court has inherent powers to make such orders as may be necessary
to:

 Meet the ends of justice, or

 Prevent abuse of the process of court.
These powers are not derived from statute but from the nature of
the court itself.
However, they cannot override express provisions of CPC.
Examples include recalling orders obtained by fraud or granting stay to
prevent injustice.

Q15. What is the difference between Review and Revision?

Basis Review Revision

Authorit
Same court High Court only
y

Re-examination of Supervisory
Nature
judgment jurisdiction
 Basis Review Revision

New evidence, error

Grounds Jurisdictional error
apparent

Objectiv
Correct mistake Ensure legality
e

Discretionary
Right Statutory right
remedy

UNIT – V: Limitation Act

Q1. What is the Limitation Act, 1963? What is its object?

The Limitation Act, 1963 prescribes the time limits within which legal actions—such as suits,
appeals, or applications—must be filed. Its object is to promote legal certainty and prevent
stale claims.
It ensures diligence and finality in litigation by barring remedies after the prescribed period.
While it extinguishes the remedy, it does not extinguish the right itself (except in certain property
cases).
The Act contains 137 sections and 1 schedule, covering various periods for different legal
proceedings.
Illustration: A suit for recovery of debt must be filed within 3 years from the date it becomes
due.

Q2. What is the meaning of “Period of Limitation”?

The period of limitation is the time frame within which a party must initiate legal proceedings
to enforce a right.
It is specified in the Schedule to the Limitation Act, 1963, varying for different causes of action
—e.g., 3 years for contracts, 12 years for immovable property.
Once the period expires, the remedy becomes time-barred, and the court cannot entertain the
suit.
The period begins from the date the cause of action arises (Section 9).
Illustration: If a loan becomes due on 1st January 2020, the suit must be filed before 1st January
2023.
Q3. What is meant by “Cause of Action”?

A cause of action is the entire set of facts that give rise to the right to sue. It includes every fact
which the plaintiff must prove to obtain relief.
Under the Limitation Act, limitation begins to run from the date the cause of action accrues
(Section 3).
Without cause of action, no legal proceeding can be initiated.
Illustration: If a tenant fails to pay rent due on 1st May 2022, the landlord’s cause of action
arises that day.

Q4. What is meant by “Continuous Running of Time”?

Under Section 9 of the Limitation Act, once the limitation period starts, it continues to run
uninterrupted until the claim is satisfied or lawfully stopped.
The running of time cannot be suspended except by:

 Legal disability (e.g., minority, insanity),

 Acknowledgment in writing, or
 Fraud or mistake.
This principle ensures diligence in enforcing rights.
Illustration: If limitation starts on 1st Jan 2020, it continues even if
the creditor falls sick, unless legally exempted.

Q5. What is “Legal Disability”?

As per Sections 6–8 of the Limitation Act, if a person entitled to sue is under a legal disability
—such as minority, insanity, or idiocy—the limitation period begins after the disability
ceases.
If multiple disabilities coexist, the limitation begins when the last one ceases.
This provision protects those unable to act due to incapacity.
Illustration: If a minor’s property is wrongfully taken in 2015, he can file a suit within 3 years
after attaining majority.

Q6. What is the effect of death on computation of limitation?

Under Section 16, if the person entitled to sue or liable to be sued dies before the limitation
period begins, the limitation runs from the date of death.
If the cause of action survives, the legal representatives can institute or continue the suit.
This ensures that rights are not defeated merely due to the death of a party.
 Illustration: A dies on 1st Jan 2020 before filing a suit. His heir can file it within the original
limitation starting from 1st Jan 2020.

Q7. What is the effect of fraud or mistake on limitation?

Under Section 17, if a defendant has fraudulently concealed facts, or a mistake has occurred, the
limitation period begins from the date when such fraud or mistake is discovered.
This ensures that a person is not prejudiced by the dishonesty or deception of another.
Illustration: If A conceals B’s property sale deed fraudulently and B discovers it later, limitation
runs from the date of discovery, not concealment.

Q8. What is Acknowledgment in writing?

According to Section 18, an acknowledgment is a written and signed admission by the debtor
before the expiration of limitation, which restarts a fresh limitation period from the date of
acknowledgment.
It must be made before the expiry of the original limitation.
Illustration: A owes B ₹5,000 due on 1 Jan 2020. On 1 Jan 2022, A signs a written
acknowledgment. A new 3-year period runs from that date.

Q9. What is the effect of part payment on limitation?

Under Section 19, when part payment of a debt or interest is made before expiry of limitation,
and is acknowledged in writing, a fresh period of limitation begins from the date of payment.
The logic is that part payment indicates continuing liability.
Illustration: If a debtor pays ₹1,000 on 1 Jan 2023 towards an old debt due on 1 Jan 2020, the
limitation restarts from 1 Jan 2023.

Q10. What is meant by “Sufficient Cause” for condonation of

delay?

Under Section 5 of the Limitation Act, courts may condone delay in filing appeals or
applications if the party shows sufficient cause for not filing within time.
The term “sufficient cause” is liberally construed to advance substantial justice.
Common causes include illness, bona fide mistake, or unavoidable circumstances.
Case Law: Collector Land Acquisition v. Mst. Katiji (1987) — Supreme Court emphasized that
justice-oriented approach should prevail over technicalities.
Q11. What is the effect of acknowledgment under Section 19?

When a payment is made or acknowledged in writing before expiration of limitation, the period
of limitation restarts.
This provision applies to money and debt claims, including mortgages.
However, oral acknowledgment is not valid; it must be signed by the person liable.
It acts as a safeguard for creditors against loss due to technical lapses.

Q12. What is acquisition of ownership by possession (Adverse

Possession)?

Under Article 65 of the Limitation Act, if a person possesses immovable property openly,
continuously, and hostilely for 12 years, he acquires ownership through adverse possession.
This doctrine rests on the principle that law aids the vigilant, not the negligent.
The original owner’s right is extinguished under Section 27 after the limitation expires.
Illustration: If A occupies B’s land openly for 12 years without objection, A may gain
ownership.

Q13. What is the difference between Limitation and Prescription?

Basis Limitation Prescription

Meanin Bars the remedy after Confers right after lapse of

g expiry time

Effect Extinguishes remedy Creates a title or right

Exampl
Barred debt Adverse possession
e

Q14. Does limitation extinguish the right or remedy?

As a general rule, the Limitation Act extinguishes the remedy, not the right.
After the limitation period, the right remains morally but cannot be legally enforced.
However, under Section 27, in the case of immovable property, both the right and remedy are
extinguished after limitation expires.
Case Law: Bombay Dyeing Co. Ltd. v. State of Bombay (1958) — The Act only bars the remedy,
except where the statute provides otherwise.
Q15. What is the importance of limitation law in civil justice?

The Limitation Act promotes diligence, finality, and certainty in legal proceedings.
It prevents indefinite litigation and ensures evidence remains reliable.
By balancing individual rights and public interest, it upholds the principle that law aids the
vigilant, not the indolent.
Thus, limitation is not merely procedural—it is essential for maintaining judicial efficiency and
fairness.

SHORT QUESTIONS
(Organised strictly by CCS University syllabus order)

Q. State briefly the procedure laid down for

suits by or against minors under the Code of
Civil Procedure, 1908.

1. Introduction
The law gives special protection to minors (persons below 18 years of age, or below 21 years if
under a guardian appointed by the court) as they are considered incapable of understanding
legal consequences of their actions.
Hence, the Code of Civil Procedure, 1908 (CPC) ensures that a minor’s interests are
safeguarded in litigation, whether he is a plaintiff or a defendant.

The relevant provisions are contained in Order XXXII of the CPC, which deals specifically
with “Suits by or against Minors and Persons of Unsound Mind.”
2. Object and Purpose of Order XXXII CPC
The primary object of Order 32 is:

 To protect the legal rights and property of minors.

 To ensure that minors are properly represented in court
proceedings.
 To prevent fraud, exploitation, or negligence by adult litigants.
 To make judgments binding on minors through lawful representation.

In short, Order 32 ensures that justice is done without harming the interests of a person
under disability.

3. Who is a Minor? (Legal Definition)

Under Section 3 of the Indian Majority Act, 1875:

“A person is said to attain majority when he completes 18 years of age,

and if under a guardian appointed by the court, on completion of 21 years.”

Hence, for purposes of a civil suit:

 Below 18 years → Minor.

 Under court-appointed guardian → Minor till 21 years.

4. Representation of Minor in Suits

Since a minor cannot sue or be sued in his own name, the CPC provides for representation
through an adult called a “next friend” (when minor is a plaintiff) or a “guardian ad litem”
(when minor is a defendant).

Flowchart: Representation of Minors under CPC

┌───────────────────────────────────┐
│ Minor involved in a Civil Suit │
└───────────────────────────────────┘
│
┌──────────────┴───────────────┐
│ │
┌───────────────────┐ ┌────────────────────┐
│ Minor as Plaintiff│ │ Minor as Defendant │
 └───────────────────┘ └────────────────────┘
│ │
▼ ▼
┌───────────────────────┐ ┌────────────────────────┐
│ Must sue through a │ │ Court appoints a │
│ “Next Friend” │ │ “Guardian ad Litem” │
└───────────────────────┘ └────────────────────────┘

5. Suits by Minors (Order 32 Rules 1–4)

(i) Rule 1: Minor to Sue through a Next Friend

 A minor cannot institute a suit in his own name.

 The suit must be filed through a competent adult known as a Next
Friend.
 The name of the next friend must appear in the plaint, e.g.
“A (minor) through B, his next friend, plaintiff.”

(ii) Qualifications of a Next Friend

A person can act as next friend if:

1. He is of sound mind and major.

2. Has no interest adverse to the minor.
3. Is not defendant in the same suit.
4. Gives security if required by the court.

(iii) Liability of Next Friend

 If the minor loses the case, the next friend may be liable for costs
(Rule 2).
 The court may order removal of the next friend if he acts negligently
or adversely to the minor (Rule 4).

Illustration:
A minor boy wants to recover property wrongfully taken by his uncle. His mother (being major
and having no adverse interest) can act as his next friend and file the suit.
6. Suits Against Minors (Order 32 Rules 3–5)
(i) Rule 3: Guardian ad Litem for Minor Defendant

 When a minor is a defendant, the court must appoint a guardian ad

litem to represent him.
 Without such appointment, any decree passed is voidable and not
binding on the minor.

(ii) Procedure for Appointment

1. The plaintiff must file an application to the court for appointment.

2. Notice is served on the minor’s natural or legal guardian.
3. If suitable, such guardian is appointed as guardian ad litem.
4. If none available, the court may appoint an independent advocate or
other fit person.

(iii) Duties of Guardian ad Litem

 To defend the case honestly and diligently.

 To consult with the minor’s relatives.
 To avoid conflict of interest.
 To act under court’s supervision in case of compromise or
withdrawal.

Case Law:

Kishan Lal v. Prabhu Dayal (AIR 1988 SC 2069) —

Decree passed against a minor without appointment of guardian ad litem was held void and
unenforceable.

7. Withdrawal or Compromise in Minor’s Suit (Order 32

Rule 7)
 No compromise, agreement, or withdrawal can be made on behalf
of a minor without the permission of the court.
 The court must ensure that such compromise is for the benefit of
the minor.
 If done without permission, it is voidable at the option of the
minor.
Case Law:
👉 Bishundeo Narain v. Seogeni Rai (AIR 1951 SC 280) —
Any compromise on behalf of a minor without court’s sanction is invalid.

8. Decree against Minors (Rule 6)

 A decree passed without proper representation (next friend or
guardian ad litem) is null and void.
 Such decree can be set aside under Section 47 CPC or by filing a
separate suit.

9. Attaining Majority (Rule 12)

When a minor attains majority:

 He may apply to the court to discharge the next friend or

guardian.
 He can then proceed independently with the suit or appeal.
 The title of the suit changes, e.g.,
“A (now major), previously a minor represented by B (next friend).”

10. Summary of the Procedure

Stage Minor as Plaintiff Minor as Defendant

Through Guardian ad
Representation Through Next Friend
Litem

Appointment Mentioned in plaint By order of court

Major, sound mind, no

Qualifications Same as Next Friend
adverse interest

For compromise or For compromise or

Court Supervision
withdrawal defense

Decree without
Voidable Voidable
representation

Example Minor sues for recovery of Minor is sued for debt

 Stage Minor as Plaintiff Minor as Defendant

land recovery

11. Illustrative Example

A minor girl, aged 16, owns agricultural land. Her tenant refuses to vacate. Her father, being a
major and having no conflict of interest, files a suit as her next friend.
If the defendant tries to settle privately, the compromise will be invalid without court’s
permission (Rule 7).
Any decree passed without appointing a guardian for her defence would be void under Rule 3.

12. Conclusion
The CPC, through Order XXXII, provides a complete procedural framework to safeguard the
interests of minors.
It ensures:

 Proper representation,
 Judicial supervision in compromises, and
 Protection against void decrees.

This framework reflects the parens patriae principle — the court acting as a guardian of persons
under disability — ensuring that justice prevails over procedural disadvantage.

Total Word Count: ≈ 790 words ✅

(Perfect for a 20-mark long answer in topper structure with flowchart, table, and illustrations.)

Would you like me to prepare the next CPC long question — “What are the various stages of a
civil suit under the CPC?” — in the same topper-style format (800–1000 words)?

Here’s a Topper-Structured Detailed Answer (700–800 words) for your LLB long question:
Q. Define “Decree”. What are its Essential
Elements?
(Order XX, Section 2(2), Code of Civil Procedure, 1908)

1. Introduction
The term “Decree” is one of the most fundamental concepts under the Code of Civil Procedure,
1908 (CPC). It represents the formal expression of an adjudication by a civil court that
conclusively determines the rights of the parties regarding the matters in dispute.

In simple terms, a decree is the final outcome of a civil suit, defining who wins, who loses, and
to what extent.

2. Statutory Definition — Section 2(2) CPC

Section 2(2) of the Code of Civil Procedure defines a decree as:

“Decree means the formal expression of an adjudication which, so far as regards the court
expressing it, conclusively determines the rights of the parties with regard to all or any of the
matters in controversy in the suit, and may be either preliminary or final.

It shall be deemed to include the rejection of a plaint and the determination of any question under
Section 144, but shall not include—
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.”

3. Meaning Explained
In essence, a decree is:

 The final decision of a court of law in a civil suit,

 Expressed formally and authoritatively,
 Which determines the legal rights of the parties.
4. Object and Importance of Decree
 It marks the termination of judicial proceedings at the trial stage.
 It provides the basis for execution under Section 36–74 CPC.
 It ensures certainty by clearly declaring the rights and obligations of
parties.
 It enables appeal, review, or revision under procedural law.

Thus, the decree forms the foundation for enforcement of civil rights.

5. Essential Elements of a Decree

A valid decree must satisfy all the following essential ingredients:

(1) There Must Be an Adjudication

 “Adjudication” means judicial determination of a matter in dispute

by a court.
 It must be a decision of the court, not a mere administrative order.
 The adjudication must determine substantive rights, not procedural
issues.

Example:
A court deciding whether A is the owner of a property is an adjudication; but an order
adjourning the case is not.

(2) It Must Be Given in a Suit

 The adjudication must arise from a civil suit instituted by

presentation of a plaint under Section 26 CPC and Order IV Rule 1.
 Decisions in applications, execution proceedings, or references
are not decrees unless specifically mentioned.

Illustration:
An order made in an execution proceeding is not a decree unless it falls under Section 47.
(3) The Adjudication Must Determine the Rights of the Parties

 The decree must conclusively determine the rights of the parties

regarding matters in controversy.
 These rights must be legal rights, not mere procedural privileges.

Case Law:
👉 Madhu Sudan v. Chandrakanta (AIR 1942 All 433) —
The determination of legal rights between parties is essential; procedural directions do not
constitute a decree.

(4) There Must Be a Conclusive Determination

 The decision must be final and conclusive, not interim or temporary.

 If the decision finally settles the issue, it is a decree even if an
appeal lies.

Example:
An order rejecting a plaint under Order VII Rule 11 is a decree, as it conclusively ends the suit.

(5) Formal Expression of Adjudication

 The adjudication must be formally expressed in writing, signed and

dated by the judge as per Order XX Rule 3.
 The decree must specify:
o Case number and title,
o Names of parties,
o Nature of relief granted,
o Costs, and
o Court’s seal.

Illustration:
If the judge pronounces a decision but it is not drawn up or signed, there is no decree yet,
though judgment exists.

6. Classification / Kinds of Decrees

Under the CPC, decrees are classified as follows:
Type of Decree Meaning / Nature Example / Reference

Determines rights but further Decree in partition suit

Preliminary
proceedings are needed to determining shares (Order
Decree
completely dispose of the suit. XX Rule 18).

Final decree in partition

Completely disposes of the suit
Final Decree after actual division of
and leaves nothing pending.
property.

When one part of the suit is Decree in mortgage suit

Partly
conclusively decided and determining debt but
Preliminary &
another part requires further requiring sale for
Partly Final
inquiry. satisfaction.

Passed in absence of
Ex-Parte
defendant, when duly served Order IX Rule 6 CPC.
Decree
with summons.

Consent or
Passed on mutual agreement
Compromise Order XXIII Rule 3 CPC.
of parties.
Decree

Declaratory Declares rights without Section 34, Specific Relief

Decree awarding further relief. Act.

Flowchart: Classification of Decrees

┌─────────────┐
│ DECREE │
└─────┬───────┘
│
┌─────────────────────┼──────────────────────┐
│ │ │
Preliminary Final Partly Preliminary
Decree Decree & Partly Final Decree

7. Distinction between Judgment, Decree and Order

Basis Judgment Decree Order

Statement of Formal expression Formal expression of any

Definition reasons for of adjudication (S. decision not amounting to
decision (S. 2(9)) 2(2)) decree (S. 2(14))
 Basis Judgment Decree Order

Reasons & Operative part of

Contains Directions of court
findings judgment

Appealabl No, but decree Some orders appealable

Yes (S. 96)
e based on it is (S. 104, O.43 R.1)

Number in
One One or more Many possible
a suit

Written opinion of Declaration of

Example Interim injunction
judge rights

Case Law:
👉 Shankar v. Chandrakant (AIR 1995 SC 1211) — A judgment becomes effective only when
decree is drawn.

8. Deemed Decrees
Certain adjudications, though not strictly decrees, are treated as decrees under Section 2(2):

1. Rejection of plaint (Order VII Rule 11)

2. Determination under Section 144 (Restitution proceedings)

Thus, they are “deemed decrees” for appeal and execution purposes.

9. No-Decree Situations (Exclusions)

A decree does not include:

 Dismissal for default (Order IX Rules 2–3).

 Interlocutory orders not determining rights.
 Administrative or procedural orders.
10. Illustrations
1. A sues B for possession of property.
The court holds A the owner and directs delivery of possession → Final Decree.
2. A sues B for partition.
The court declares each party’s share but directs further inquiry → Preliminary Decree.
3. Plaint rejected for non-payment of court fee → Deemed Decree.

11. Case Laws Summary

1. Deep Chand v. Land Acquisition Officer (1994) –
Every adjudication must be a judicial determination of rights.
2. Narayan v. Venkata Subba (AIR 1939 Mad 873) –
Preliminary decree becomes final after further proceedings.
3. Ramaswami v. Rangachari (AIR 1940 Mad 118) –
Dismissal for default is not a decree.

12. Conclusion
A decree is the soul of civil adjudication — it records the conclusive determination of rights
between parties in a formal, enforceable form.
To be valid, it must:

1. Arise from a suit,

2. Determine rights finally, and
3. Be formally expressed by the court.

It thus marks the culmination of the judicial process and the beginning of enforcement
through execution proceedings.

A clear understanding of the concept of decree is crucial, as all appeals, executions, and
remedies in civil procedure originate from it.

✅ Word Count: ~790 words

✅ Includes: Definition + Essentials + Classification + Flowchart + Case Laws + Illustrations
+ Conclusion
✅ Perfect for 20 Marks / Long Question (CCS University)
Would you like me to prepare the next long question: “Explain the distinction between
judgment, decree, and order” in the same topper-style (with table and flowchart)?

Here’s a Topper-Structured Detailed Answer (700–800 words) for your LLB CPC Long
Question (20 Marks):

Q. State the Provisions Which Govern the

Determination of the Place of Suing under the
Code of Civil Procedure, 1908.

1. Introduction
The concept of “place of suing” is fundamental to the law of jurisdiction under the Code of
Civil Procedure, 1908 (CPC). It determines before which court a civil suit can be instituted,
ensuring convenience, fairness, and judicial efficiency.
In other words, the “place of suing” lays down territorial jurisdiction — i.e., the geographical
area where a court has the authority to try a particular suit.

The relevant provisions are contained in Sections 15 to 20 of the CPC, which collectively
determine the proper court where a suit must be filed.

2. Meaning of “Place of Suing”

The term “place of suing” refers to the venue or location where a plaintiff is legally permitted
to institute a civil suit.
It ensures that litigation takes place in an appropriate territorial jurisdiction based on either:

 The nature of the subject matter, or

 The place where the cause of action arises, or
 The residence or business of the defendant.
3. Object of the Provisions
The main objectives behind the rules relating to the place of suing are:

 To prevent inconvenience and harassment to the defendant.

 To avoid multiplicity of proceedings.
 To ensure that cases are tried by the most appropriate local
courts.
 To distribute judicial workload efficiently among courts of different
grades.

4. Statutory Framework — Sections 15 to 20 CPC

The “place of suing” is governed by Sections 15 to 20 under Part I, Chapter III of the Code of
Civil Procedure.

Let’s discuss these sections one by one.

Section 15 — Suits to be Instituted in the Court of the

Lowest Grade Competent to Try It
“Every suit shall be instituted in the court of the lowest grade competent to try it.”

Explanation:

 This section determines the pecuniary jurisdiction, i.e., which court

can try a case depending on the value of the suit.
 The plaintiff must file the suit in the lowest competent court (not
directly in a higher court).

Example:
If the pecuniary jurisdiction of a Munsif Court is up to ₹5 lakh and that of a Civil Judge is above
₹5 lakh, then a suit for ₹3 lakh must be filed in the Munsif Court, not in the higher one.

Case Law:
👉 Kiran Singh v. Chaman Paswan (AIR 1954 SC 340) —
A decree passed by a court without jurisdiction is a nullity and can be challenged at any stage.
Section 16 — Suits Relating to Immovable Property
“All suits relating to immovable property shall be instituted in the court within the local limits of
whose jurisdiction the property is situated.”

Explanation:

This section covers territorial jurisdiction for suits concerning immovable property.

Such suits include:

1. Recovery of immovable property.

2. Partition of immovable property.
3. Foreclosure, sale, or redemption in case of mortgage.
4. Determination of any other right or interest in immovable property.

Special Provisions (Proviso to Section 16):

 When the relief sought can be obtained through personal obedience

of the defendant, the suit may be filed where the defendant
resides or carries on business, even if the property is outside
jurisdiction.

Example:
A files a suit for specific performance of an agreement to sell land situated in another district.
Since performance depends on the defendant’s action, the suit may be filed where the defendant
resides.

Section 17 — Suits for Immovable Property Situated

Within Jurisdiction of Different Courts
“Where a suit is to obtain relief respecting immovable property situated within the jurisdiction of
different courts, the suit may be instituted in any court within whose local limits any portion of
the property is situated, provided the entire claim is within the pecuniary jurisdiction of that
court.”

Example:
If a property is spread across District A and District B, the plaintiff may file the suit in either
District A or District B, provided the total value is within that court’s pecuniary limits.
Section 18 — Place of Institution When Local Limits of
Jurisdiction of Courts Are Uncertain
When it is uncertain within which local limits of jurisdiction the property lies, the court may:

 Record the evidence regarding the question, and

 Determine jurisdiction accordingly.

Once determined, subsequent proceedings are valid even if later it is discovered that the
property was outside jurisdiction.

Example:
If it’s unclear whether land is in District X or Y, the suit may proceed in either, and the decree
remains valid.

Section 19 — Suits for Compensation for Wrong to Person

or Movable Property
“Where a suit is for compensation for wrong done to a person or movable property, it may be
instituted either at the place where the wrong was committed, or where the defendant resides or
carries on business.”

Illustration:
If a defamatory statement is published in Delhi against a person residing in Agra, the suit can be
filed in Delhi (place of wrong) or in Agra (defendant’s residence).

Case Law:
👉 Bhagwandas Goverdhandas Kedia v. Girdharilal Parshottamdas (AIR 1966 SC 543) —
Held that for civil wrongs, cause of action arises where wrongful act occurs or where its effect is
felt.

Section 20 — Other Suits to be Instituted Where

Defendant Resides or Cause of Action Arises
This is a residuary provision and applies to all suits not covered by Sections 16–19.

“Subject to the limitations aforesaid, every suit shall be instituted in a court within the local
limits of whose jurisdiction:
(a) the defendant, or each of the defendants, actually and voluntarily resides, or
(b) carries on business, or personally works for gain, or
(c) the cause of action, wholly or in part, arises.”

Explanation 1:
In case of multiple defendants, the suit may be filed where any defendant resides, with
permission of the court.

Explanation 2:
A corporation is deemed to carry on business at its principal office or subordinate office where
the cause of action arises.

Case Law:
👉 ONGC v. Utpal Kumar Basu (AIR 1994 SC 1414) —
Held that a writ petition filed outside the place where cause of action arose was not maintainable.
The same principle applies in civil suits.

5. Flowchart — Determination of Place of Suing

┌─────────────────────────┐
│ PLACE OF SUING │
└────────────┬────────────┘
│
┌────────────────────────────────────────────┐
│ │
Immovable Property Other Suits
│ │
┌─────────┼──────────┐ ┌────────────┼────────────┐
│ Section 16 – Within │ │ Section 19 – Wrong to │
│ local limits of land │ │ person/movable property │
│ Section 17 – Multiple│ │ Section 20 – Defendant │
│ jurisdictions │ │ resides or cause arises │
└──────────────────────┘ └─────────────────────────┘

6. Case Laws Summary

Case Citation Principle Laid Down

Kiran Singh v. Chaman AIR 1954

Decree without jurisdiction is void.
Paswan SC 340

Harshad Chiman Lal Suits relating to immovable property

AIR 2005
Modi v. DLF Universal must be filed where property is
SC 4446
Ltd. situated.

ONGC v. Utpal Kumar AIR 1994 Territorial jurisdiction arises where

Basu SC 1414 cause of action arises.
 Case Citation Principle Laid Down

Hakam Singh v. AIR 1971 Parties can agree to one of several

Gammon (India) Ltd. SC 740 competent jurisdictions by contract.

7. Conclusion
The provisions relating to the place of suing (Sections 15–20 CPC) are designed to ensure
orderly distribution of civil jurisdiction and to prevent forum shopping by plaintiffs.

They ensure that:

 Suits concerning immovable property are tried where the property is

located.
 Suits concerning movable property or personal wrongs are filed
either where the wrong occurred or where the defendant resides.
 Other suits follow the residuary rule under Section 20.

These provisions balance convenience, fairness, and judicial efficiency, forming a crucial part
of procedural law.

✅ Word Count: ~785 words

✅ Includes: Definition, Statutory Provisions (S.15–20), Explanation, Illustrations, Case Laws,
and Flowchart
✅ Perfect for 20 Marks (CPC Unit – Jurisdiction and Place of Suing)

Would you like me to prepare the next long question — “Discuss the kinds of jurisdiction
under CPC (Subject-matter, Territorial, and Pecuniary)” in the same topper-style format?

Here’s a Topper-Structured Detailed Answer (700+ words) for your LLB CPC long question
—
Q. What is the Difference between Revision
and Review under the Code of Civil Procedure,
1908?

1. Introduction
The Code of Civil Procedure, 1908 (CPC) provides several procedural remedies to ensure
justice and prevent miscarriage of justice due to judicial error.
Among these remedies, “Revision” and “Review” are two important supervisory and corrective
mechanisms available in civil proceedings.

Both enable higher or same courts to re-examine decisions, but their nature, purpose, and
scope differ significantly.

 Revision (Section 115 CPC) — Power of a superior court (High

Court) to examine jurisdictional errors committed by subordinate
courts.
 Review (Section 114 & Order XLVII, Rules 1–9) — Power of the
same court which passed the decree or order to reconsider its own
decision if there is an apparent error or new evidence.

2. Meaning and Object

(a) Review

 The term “Review” literally means re-examination or

reconsideration.
 It allows the same court to revisit its judgment to correct errors
apparent on the face of record or consider new evidence.
 Object: To prevent miscarriage of justice by allowing the court to
rectify its own mistake without requiring an appeal.

Legal Basis: Section 114 read with Order XLVII, Rules 1–9 CPC.
(b) Revision

 The term “Revision” means to look again or re-examine an inferior

court’s decision by a superior court.
 It is a supervisory jurisdiction vested in the High Court to ensure
that subordinate courts have exercised their jurisdiction properly.

Legal Basis: Section 115 CPC.

Object:
To keep subordinate courts within the bounds of their jurisdiction and to ensure that justice is
not defeated due to jurisdictional errors.

3. Statutory Provisions
(a) Section 114 CPC — Review

A person aggrieved by a decree or order from which:

1. An appeal is allowed but not preferred, or

2. No appeal is allowed, or
3. A decision is made by the court of Small Causes,

may apply for a review of judgment to the court which passed the decree or made the order.

(b) Order XLVII Rule 1 CPC — Grounds for Review

A review may be sought on the following grounds:

1. Discovery of new and important matter or evidence which, after

due diligence, was not within the knowledge of the applicant.
2. Mistake or error apparent on the face of record.
3. Any other sufficient reason (interpreted as a reason analogous to
the above two).

(c) Section 115 CPC — Revision

The High Court may call for the record of any case decided by a subordinate court where no
appeal lies and:
 1. The subordinate court exercised jurisdiction not vested in it by
law, or
2. Failed to exercise jurisdiction vested in it, or
3. Acted in the exercise of jurisdiction illegally or with material
irregularity.

Proviso: The High Court shall not vary or reverse any order unless it has finally disposed of the
case or caused failure of justice.

4. Key Differences between Review and Revision

Review (S.114 & O.47
Basis Revision (S.115 CPC)
CPC)

Exercised by the same

Exercised by the High Court
1. Authority court which passed the
over subordinate courts.
decree or order.

Supervisory power — High

2. Nature of Judicial power — court
Court corrects jurisdictional
Power reconsiders its own decision.
errors.

To correct mistakes To ensure subordinate courts

3. Object
apparent on record. act within jurisdiction.

Lack/excess/failure of
New evidence, apparent
4. Grounds jurisdiction or material
error, or sufficient reason.
irregularity.

5. Who can Aggrieved party to the Aggrieved party petitions the

apply same court. High Court.

After case decided by

After decree or order is
6. Stage subordinate court but before
passed.
appeal.

7.
Review is filed only when no Revision lies only where no
Appealabilit
appeal is filed. appeal lies.
y

Limited to apparent errors Wider supervisory scope —

8. Scope
on face of record. checks jurisdictional errors.

9. Result Court may alter or reverse High Court may affirm, vary, or
 Review (S.114 & O.47
Basis Revision (S.115 CPC)
CPC)

its own judgment. set aside order of lower court.

10. Review is right of party Revision is discretionary power

Discretion under specific grounds. of High Court.

5. Case Laws Illustrating the Difference

Case Name Principle Laid Down

Thungabhadra Industries Ltd. v. Error apparent must be self-evident

Government of Andhra Pradesh (AIR and not one that needs elaborate
1964 SC 1372) argument.

Aribam Tuleshwar Sharma v. Aribam Review cannot be used as an

Pishak Sharma (AIR 1979 SC 1047) appeal in disguise.

Revision under S.115 is not a right

Major S.S. Khanna v. Brig. F.J. Dillon
but discretionary jurisdiction of the
(AIR 1964 SC 497)
High Court.

Revision lies only against

Amar Nath v. State of Haryana (AIR
jurisdictional errors, not against
1977 SC 2185)
every erroneous order.

6. Illustrations
(a) Review Example

A court passes a decree based on an incorrect calculation of interest.

→ The aggrieved party can file a review before the same court to correct the apparent error.

(b) Revision Example

A subordinate court entertains a case beyond its pecuniary jurisdiction (e.g., a Munsif Court
tries a suit for ₹20 lakh).
→ The High Court may interfere under Section 115 CPC through revision.
7. Flowchart – Review vs. Revision
┌────────────────────────────┐
│ REMEDIES IN CPC │
└────────────┬───────────────┘
│
┌─────────────────────────────────────────┐
│ │
REVIEW REVISION
(Section 114 & O.47) (Section 115)
│ │
Same Court reviews its own High Court supervises
judgment for apparent error. subordinate courts.

8. Practical Distinction
Aspect Review Revision

Control Internal (self-

External (supervisory)
Mechanism corrective)

Initiation By party’s application By party or suo motu by High Court

Focus Error on face of record Jurisdictional illegality

Preventive (rectify Corrective (maintain jurisdictional

Remedy Nature
mistake) discipline)

9. Conclusion
Though review and revision may appear similar, they serve distinct purposes:

 Review is a self-corrective power enabling the same court to rectify

its own mistake.
 Revision is a supervisory power enabling the High Court to ensure
that subordinate courts act within their lawful jurisdiction.

In essence:

Review = Correction of apparent error by same court.

Revision = Supervision of jurisdictional error by High Court.

Thus, both play a vital role in maintaining judicial discipline, consistency, and fairness in the
administration of civil justice under the CPC.
✅ Word Count: ~780 words
✅ Includes: Statutory provisions, differences, case laws, illustrations, and flowchart
✅ Perfect 20-mark answer for CCS University / LLB Exams

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Here’s a Topper-Structured Detailed Answer (700–800 words) for your CPC long question:

Q. Discuss the Importance of the “Cause of

Action” Clause in a Suit.

1. Introduction
The term “cause of action” is one of the most fundamental concepts in civil procedure. It
determines the very foundation of a civil suit. The Code of Civil Procedure, 1908 (CPC), though
it does not define the term expressly, recognizes its importance through various provisions —
particularly in Order II Rule 2, Order VII Rule 1(e), and Section 20 (place of suing).

Every plaint must disclose a cause of action, and failure to do so is fatal to the suit. It forms the
basis of the plaintiff’s right to sue and the court’s jurisdiction to try the case.

2. Meaning of Cause of Action

(a) Literal Meaning

“Cause of action” means the bundle of essential facts which the plaintiff must prove to obtain
relief. It refers to the set of facts that give rise to the legal right to sue.

(b) Judicial Definition

In Cooke v. Gill (1873) LR 8 CP 107), it was defined as:

“Every fact which it would be necessary for the plaintiff to prove, if traversed, to support his
right to the judgment of the court.”

(c) Under CPC

Although not defined in the Code, the term appears in:

 Order II Rule 2 CPC: All claims arising from the same cause of action
must be included in one suit.
 Order VII Rule 1(e): The plaint must contain facts showing that the
cause of action has arisen.
 Section 20(c): The place where the cause of action arises determines
jurisdiction.

(d) Example

If A agrees to sell a house to B for ₹10 lakh but refuses to deliver possession after payment, B’s
cause of action arises from A’s breach of contract.

3. Essentials of Cause of Action

A cause of action comprises the following elements:

1. Existence of a Legal Right – The plaintiff must have a right

recognized by law.
2. Infringement of Right – There must be a violation or threat to that
right.
3. Entitlement to Relief – The plaintiff must be entitled to judicial
remedy due to such violation.

Illustration:
A publishes defamatory material about B.
– B’s legal right (reputation) exists.
– The infringement (defamation) occurs.
– B is entitled to damages.
Thus, B’s cause of action is complete.
4. Importance of Cause of Action Clause
(a) Determines the Right to Sue

A plaintiff cannot file a suit without a valid cause of action. It forms the very foundation of the
claim. A plaint not disclosing cause of action is liable to be rejected under Order VII Rule
11(a).

Case Law:
T. Arivandandam v. T.V. Satyapal (AIR 1977 SC 2421) – The Supreme Court held that if the
plaint discloses no cause of action, it should be rejected at the threshold to prevent abuse of court
process.

(b) Determines the Jurisdiction of the Court

Under Section 20(c) CPC, a suit may be instituted where the cause of action, wholly or partly,
arises.
Thus, the cause of action is vital in deciding territorial jurisdiction.

Example:
If a contract is executed in Delhi but breached in Lucknow, the cause of action arises partly in
both places — suit can be filed in either.

(c) Prevents Multiplicity of Suits

Under Order II Rule 2 CPC, the plaintiff must include all claims arising from the same cause of
action in one suit.
This prevents splitting of claims and harassment of defendants through multiple suits.

Illustration:
If A lends ₹1 lakh to B in one transaction, A cannot file two suits — one for ₹60,000 and
another for ₹40,000. The entire claim arises from one cause of action.

(d) Guides the Framing of Plaint

The cause of action determines what facts the plaint must contain (Order VII Rule 1(e)) and
what issues the court must frame during trial.
It ensures that irrelevant facts are excluded, focusing litigation on the material dispute.
(e) Helps in Limitation Computation

The Limitation Act, 1963 calculates the limitation period from the date when the cause of
action arises.
Hence, identifying it correctly is essential for determining whether the suit is barred by
limitation.

(f) Basis for Res Judicata

Under Section 11 CPC, if a matter is decided between the same parties on the same cause of
action, a subsequent suit on that cause of action is barred.
Thus, the cause of action also prevents re-litigation of identical disputes.

5. Flowchart: Role of Cause of Action in a Civil Suit

Formation of Right → Violation of Right → Cause of Action Arises →
Suit Filed → Determines Jurisdiction & Limitation →
Trial → Judgment Based on Same Cause of Action

6. Judicial Pronouncements
Case Name Principle Laid Down

A.B.C. Laminart Pvt. Ltd. Cause of action determines territorial

v. A.P. Agencies (AIR 1989 jurisdiction; it arises where contract made,
SC 1239) performed, or breached.

Bloom Dekor Ltd. v.

Cause of action includes every fact material
Subhash Himatlal Desai
for the plaintiff to prove his case.
(1994) 6 SCC 322

State of Rajasthan v. The mere service of notice does not constitute

Swaika Properties (AIR part of cause of action unless the injury occurs
1985 SC 1289) within jurisdiction.

Kusum Ingots & Alloys Even if a small fraction of cause of action

Ltd. v. Union of India arises within jurisdiction, the court can
(2004) 6 SCC 254 entertain the case.
7. Effect of Absence or Defect in Cause of Action
 Absence: Suit is rejected under Order VII Rule 11(a).
 Defect or Partial Disclosure: Court may permit amendment under
Order VI Rule 17, if necessary for justice.
 Frivolous or Imaginary Cause: Court can strike off plaint to prevent
abuse of process (as held in T. Arivandandam case).

8. Illustrations
1. Contract Case:
A enters into a contract with B in Agra for supply of goods, to be delivered in Meerut. B
fails to deliver.
→ Cause of action arises partly in Agra (contract) and partly in Meerut (breach).
2. Tort Case:
C publishes defamatory material against D in Delhi.
→ Cause of action arises in Delhi where publication occurred.

9. Conclusion
The cause of action clause is not a mere formality—it is the backbone of every civil suit. It
connects the plaintiff’s right with the defendant’s wrongful act and enables the court to
determine jurisdiction, limitation, and scope of relief.

In essence:

 Without a cause of action, there is no right to sue.

 Without cause of action, there is no jurisdiction.
 Without cause of action, a plaint is liable to rejection.

Thus, the cause of action clause ensures that civil litigation is based on a real, justiciable dispute,
thereby upholding the integrity and efficiency of the judicial process.

✅ Word Count: ~790 words

✅ Includes: Meaning, essentials, importance, case laws, illustrations, and flowchart
✅ Perfect for 20 Marks — CPC Paper (CCS University)
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Q. Define an Injunction and State its Kinds.

When is a Temporary Injunction Issued?

1. Introduction
The concept of injunction is one of the most important equitable remedies in civil law. It is
primarily governed by Section 94(c) and Order XXXIX (Rules 1–5) of the Code of Civil
Procedure, 1908 (CPC), and by Sections 36 to 42 of the Specific Relief Act, 1963.

An injunction is a judicial order restraining a party from doing a particular act or compelling
a party to perform a specific act to prevent the breach of a legal right. The object of injunction is
to maintain status quo and protect the plaintiff from irreparable injury pending the decision
of the case.

2. Definition of Injunction
(a) General Meaning

The term “injunction” is derived from the Latin word injungere, meaning “to join or command.”
It is a command of the court directing a person to do or refrain from doing a particular act.

(b) Statutory Definition

Although the CPC does not define injunction, it is defined in the Specific Relief Act, 1963 as:

“An injunction is an order of the court which restrains or compels the performance of certain
acts.”
(c) Judicial Definition

In K.K. Modi v. K.N. Modi (1998) 3 SCC 573, the Supreme Court held:

“An injunction is a judicial process by which a party is required to do or refrain from doing a
particular act for the protection of the rights of another.”

3. Object of Granting Injunction

The primary purpose of granting injunction is to:

 Prevent breach of contract or violation of a legal right.

 Preserve property or subject matter in status quo.
 Avoid multiplicity of proceedings.
 Prevent irreparable harm or injury which cannot be compensated in
money.

4. Kinds of Injunctions
Injunctions can be broadly classified as follows:

A. Temporary (Interim) Injunction

 Governing Provision: Order XXXIX Rules 1 and 2, CPC.

 Meaning: It is an injunction granted during the pendency of the
suit to protect the rights of the plaintiff until the final disposal of the
matter.
 Duration: Operates until further orders of the court or till the disposal
of the suit.
 Object: To maintain status quo and prevent injustice or damage.

Example: A files a suit against B for encroachment on his land and seeks a temporary injunction
restraining B from further construction until the case is decided.

B. Permanent (Perpetual) Injunction

 Governing Provision: Section 38, Specific Relief Act, 1963.

  Meaning: It is granted by a decree at the conclusion of the trial
when the plaintiff establishes his right and the likelihood of its
violation.
 Duration: Operates permanently, restraining the defendant from
asserting a right or committing an act contrary to the plaintiff’s right.

Example: If A proves ownership of a house and B is restrained permanently from entering it, the
court grants a perpetual injunction.

C. Mandatory Injunction

 Governing Provision: Section 39, Specific Relief Act, 1963.

 Meaning: It is an order compelling the defendant to do a positive
act to restore the situation to its original position or prevent further
harm.
 Nature: It is compulsory rather than prohibitory.

Example: If B unlawfully builds a wall obstructing A’s light and air, the court may direct B to
demolish the wall.

D. Preventive Injunction

This type of injunction prevents the commission of an act which is likely to infringe the
plaintiff’s rights. It is usually temporary or perpetual in nature.

Example: Stopping publication of defamatory material before it is published.

E. Prohibitory Injunction

This injunction prohibits a person from doing something. Most injunctions granted under CPC
are prohibitory.

Example: Restraining a party from selling property in dispute during pendency of the suit.
5. Temporary Injunction — When It May Be Issued
Governing Provision:

Order XXXIX Rules 1 and 2 CPC

Temporary injunctions can be granted in the following circumstances:

(A) Under Rule 1: When Property in Dispute Is in Danger

If the property in dispute is in danger of being:

1. Wasted,
2. Damaged,
3. Alienated by any party, or
4. Wrongfully sold in execution of a decree,

the court may issue an injunction to restrain such acts.

Example:
A sues B for ownership of land. B threatens to sell the land before judgment.
→ Court may grant temporary injunction restraining B from sale.

(B) When Defendant Intends to Defeat the Plaintiff’s Right

If the defendant threatens or intends to:

 Remove property from jurisdiction of the court, or

 Dispose of property to defraud creditors,

the court can issue a temporary injunction.

(C) Under Rule 2: To Prevent Breach of Contract or Infringement of

Rights

If the defendant threatens to breach a contract or commit an injury relating to the plaintiff’s
property or legal right, the court may restrain him through a temporary injunction.
Example:
A contracts with B to deliver goods exclusively to him. B threatens to sell them to C.
→ Court may grant temporary injunction preventing B’s breach.

(D) Ex Parte Temporary Injunction (Rule 3)

In urgent cases where delay may defeat justice, the court may grant an injunction without notice
to the opposite party, but must record reasons in writing.

However, such injunctions are temporary in nature and subject to confirmation after hearing
both parties.

6. Conditions for Granting Temporary Injunction

The court’s discretion in granting injunction must satisfy the following three essential
conditions (as laid down in Dalpat Kumar v. Prahlad Singh, (1992) 1 SCC 719):

Condition Explanation

(1) Prima Facie

The plaintiff must show a strong case in his favour.
Case

The hardship or inconvenience likely to be caused to the

(2) Balance of
plaintiff if injunction is refused must outweigh that of the
Convenience
defendant if it is granted.

(3) Irreparable The plaintiff must show that without injunction, he will
Injury suffer harm which cannot be compensated by money.

Flowchart: Grant of Temporary Injunction

Plaintiff files suit → Applies for injunction → Court examines:
(a) Prima facie case?
(b) Balance of convenience?
(c) Irreparable injury?
↓
If all conditions satisfied → Temporary Injunction Granted
Else → Application Rejected
7. Important Case Laws
Case Name Principle Laid Down

Dalpat Kumar v. Prahlad Singh (1992) Established the threefold test for
1 SCC 719 granting temporary injunction.

Gujarat Bottling Co. Ltd. v. Coca Cola Injunction prevents violation of

Co. (1995) 5 SCC 545 negative covenants in contracts.

Injunction binds even a non-party

Tayabbhai M. Bagasarwalla v. Hind
if he acts with knowledge of the
Rubber Industries (1997) 3 SCC 443
order.

Seema Arshad Zaheer v. Municipal Reiterated that injunction is a

Corporation of Greater Mumbai discretionary and equitable
(2006) 5 SCC 282 remedy.

8. Conclusion
An injunction is an effective equitable relief ensuring that justice is not rendered meaningless by
wrongful acts of a party during litigation.

While a temporary injunction safeguards the plaintiff’s interests pending trial, a permanent or
mandatory injunction provides final relief to protect established rights.

In essence:

 Temporary injunction preserves the status quo.

 Permanent injunction ensures final protection.
 Mandatory injunction restores lawful condition.

Thus, injunctions play a crucial role in maintaining fairness, preventing injustice, and upholding
the authority of civil courts.

✅ Word Count: ~785 words

✅ Includes: Definition, kinds, provisions, case laws, flowchart, and illustrations
✅ Perfect for 20 Marks — CPC (LLB Topper Format)
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Q. What is the Effect of Fraud or Mistake on

Computation of the Period of Limitation?

1. Introduction
The Law of Limitation aims to ensure that legal proceedings are initiated within a prescribed
time frame to promote certainty, justice, and finality in litigation. It discourages stale claims
and ensures that parties exercise their rights diligently.

However, strict adherence to limitation can sometimes result in injustice — especially when the
delay in filing a suit or application is due to fraud or mistake. To safeguard against such
injustice, the Limitation Act, 1963, provides special provisions under Section 17, which deal
specifically with the effect of fraud or mistake on the computation of limitation.

2. Statutory Provision: Section 17, Limitation Act, 1963

Section 17: Effect of Fraud or Mistake

“Where, in the case of any suit or application for which a period of limitation is prescribed by
this Act, —
(a) the suit or application is based upon the fraud of the defendant or respondent; or
(b) the knowledge of the right or title on which a suit or application is founded is concealed by
the fraud of such person; or
(c) the suit or application is for relief from the consequences of a mistake; or
(d) where any document necessary to establish the right has been fraudulently concealed;
the period of limitation shall not begin to run until the plaintiff or applicant has discovered the
fraud or mistake or could, with reasonable diligence, have discovered it.”
3. Object of the Provision
The purpose of Section 17 is to prevent a wrongdoer from benefiting from his own fraud or
concealment.
In other words, fraud vitiates everything — it suspends the running of limitation until the
aggrieved party becomes aware of the fraud or mistake.

⚖️Maxim: Fraus et jus nunquam cohabitant — “Fraud and justice never dwell together.”

4. Essential Elements under Section 17

To invoke Section 17, the following conditions must be satisfied:

Condition Explanation

The fraud must be deliberate deception, and

(1) There must be fraud or
the mistake must be a bona fide error
mistake
affecting the plaintiff’s right.

It should have prevented the plaintiff from

(2) The fraud or mistake must
discovering his right or from approaching the
have caused concealment
court.

(3) The plaintiff must have

The ignorance must be genuine and not due
been ignorant of the fraud or
to negligence.
mistake

(4) The plaintiff must have Once the fraud or mistake is discovered, the
acted with reasonable plaintiff must act promptly within the
diligence prescribed limitation period.

5. Meaning of Fraud and Mistake

(A) Fraud

Fraud means an intentional act of deception by one person to gain an unfair advantage over
another.
According to Section 17, Indian Contract Act, 1872, fraud includes:

 False representation knowingly made,

 Concealment of material facts,
  Promise made without intent to perform,
 Any act fitted to deceive.

Example:
A sells land to B, suppressing the fact that it is already mortgaged. The fraud is discovered by B
after 3 years. Limitation begins from the date of discovery, not the date of sale.

(B) Mistake

A mistake refers to a belief in the existence of a non-existent fact or misunderstanding about

one’s right or property.

Example:
A pays B by mistake thinking he owes him money. Later, he discovers no such debt existed.
Limitation begins from the date of discovery of mistake.

6. When Limitation Begins to Run

The computation of limitation in cases involving fraud or mistake can be represented as follows:

🟢 Flowchart: Computation of Limitation under Section 17

Fraud/Mistake committed →
Plaintiff unaware due to concealment →
Plaintiff discovers fraud/mistake OR
could discover with reasonable diligence →
Limitation begins to run from date of discovery

Thus, the clock of limitation starts ticking only after the discovery of the fraud or mistake —
not from the date of the original act.

7. Important Judicial Pronouncements

Case Name Principle Laid Down

State of Orissa v. Debaki The period of limitation begins from the

Debi, AIR 1964 SC 1413 time when the plaintiff discovers the fraud
or could have discovered it by reasonable
 Case Name Principle Laid Down

diligence.

Fraud must be proved with strict evidence;

P.K. Kutty Anuja Raja v. State
mere suspicion is insufficient to suspend
of Kerala, AIR 1972 Ker 49
limitation.

A judgment or decree obtained by fraud is

S.P. Chengalvaraya Naidu v.
a nullity; limitation does not protect
Jagannath, (1994) 1 SCC 1
fraudulent acts.

The concealment of material facts

Bhagmal v. Kunwar Lal, AIR
amounts to fraud; limitation begins from
2010 SC 2991
discovery.

Popat and Kotecha Property

The burden of proving the fraud lies upon
v. State Bank of India Staff
the party alleging it.
Association, (2005) 7 SCC 510

8. Distinction Between Ordinary and Fraud/Mistake Cases

Case involving
Aspect Ordinary Case
Fraud/Mistake

Start of From the date of cause of From the date of discovery of

Limitation action or accrual of right. fraud or mistake.

Knowledge of Crucial for computing

Irrelevant.
Plaintiff limitation.

Effect on Defendant may plead Defendant cannot take

Defendant limitation. benefit of his fraud.

To promote finality and To ensure justice and

Purpose
diligence. fairness.

9. Practical Illustration
Example:
A’s property is wrongfully sold by B in execution proceedings. B conceals the sale by forging
records. A discovers the fraud after 4 years.
Under Section 17, A can still file a suit for cancellation because limitation begins from the date
of discovery, not from the date of sale.

In contrast, if A knew or could have discovered the fraud earlier with reasonable diligence,
limitation would run from that earlier date.

10. Limitation after Discovery

Once the fraud or mistake is discovered:

 The prescribed limitation period (as per the Schedule to the

Limitation Act) starts running from the date of discovery.
 The plaintiff must file the suit within that normal period (e.g., 3
years for recovery, etc.).
 Section 17 does not extend limitation indefinitely; it merely
postpones its commencement.

11. Burden of Proof

The burden of proving fraud or mistake lies upon the plaintiff who seeks benefit under
Section 17.
He must prove:

 The existence of fraud or mistake;

 The time and manner of its discovery; and
 That he could not have discovered it earlier with due diligence.

Case: Sulochana v. Narayanan, AIR 1992 SC 1528 — Court held that burden lies on the party
invoking Section 17 to show actual concealment and due diligence.

12. Conclusion
Section 17 of the Limitation Act, 1963, embodies the principle that no person should take
advantage of his own fraud or of another’s ignorance caused by such fraud.

In cases involving fraud or mistake, limitation does not start from the original act but from
the date of discovery of the deception or error.
This ensures that justice prevails over technicality, aligning with the equitable maxim —
"Equity will not allow a statute to be used as an instrument of fraud."

Thus, while limitation promotes certainty, Section 17 ensures fairness and moral integrity in its
application.

✅ Word Count: ~785 words

✅ Includes: Section reference, elements, case laws, illustrations, and flowchart
✅ Perfect for 20 marks – Law of Limitation (LLB Topper Format)

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Q. Discuss the Difference between Appeal and

Reference

1. Introduction
The Code of Civil Procedure, 1908 (CPC), provides several procedural remedies to ensure that
justice is not only done but is also seen to be done. Among them, appeal, reference, and
revision are important mechanisms that enable higher courts to supervise and correct errors of
subordinate courts.

While appeal is a right of a party to challenge a decree or order, reference is a mechanism by

which a subordinate court refers a legal question to a higher court for its opinion. Though both
serve to ensure justice and uniform interpretation of law, they differ in nature, purpose, and
procedure.
2. Meaning of Appeal
(a) Definition:

An appeal is the judicial examination of a decision by a higher court of law.

It is a continuation of the original proceedings in which the appellate court re-examines both
questions of law and fact.

⚖ Meaning: Appeal means a complaint to a higher court that the decision of a lower court is
wrong, with a prayer to reverse, modify, or set aside such decision.

(b) Statutory Basis:

The right to appeal is not an inherent right; it must be conferred by statute.

It arises only when expressly provided by the Code or any other law.

 Sections 96 to 112 CPC and Orders 41 to 45 CPC deal with

appeals.

(c) Kinds of Appeals:

1. First Appeal (S. 96) – Lies from original decrees.

2. Second Appeal (S. 100) – Lies on substantial questions of law from
decrees in first appeal.
3. Appeal from Orders (S. 104 & Order 43 Rule 1) – Against certain
specified interlocutory orders.
4. Appeal to the Supreme Court (S. 109–112) – In special cases
involving substantial question of law of general importance.

3. Meaning of Reference
(a) Definition:

A reference is the act of a subordinate court referring a question of law, especially about the
validity or interpretation of an Act, to a higher court for guidance.

⚖ Meaning: Reference means submission of a question of law by a subordinate court to a

superior court for its authoritative decision.

(b) Statutory Basis:

Reference is dealt with under Section 113 and Order 46 CPC.

(c) Purpose:

The main objective of reference is to prevent subordinate courts from acting on doubtful or
invalid legal provisions and to maintain uniformity in judicial interpretation.

4. Conditions for Reference (S. 113 & Order 46 Rule 1

CPC)
A reference may be made when:

1. The subordinate court entertains a reasonable doubt about a

question of law.
2. The question involves validity or interpretation of an Act,
Ordinance, or Regulation.
3. The decision of the case depends upon such a question.
4. The court makes a statement of facts and refers the question for
the opinion of the High Court.

Example:
If a subordinate court doubts whether a newly enacted State law is ultra vires the Constitution, it
may refer the question to the High Court.

5. Key Differences between Appeal and Reference

Basis Appeal Reference

Subordinate court seeks the

Judicial re-examination of a
1. Meaning opinion of a superior court on a
case by a superior court.
doubtful question of law.

Initiated by a party
2. Who Initiated by the subordinate
aggrieved by a decree or
Initiates court itself.
order.

It is not a right; depends on

3. Right to It is a statutory right of the
the discretion of the subordinate
Proceed litigant.
court.

4. Object To correct errors of fact To obtain authoritative

and law in the decision. interpretation of law before
 Basis Appeal Reference

deciding.

Wide – court re-examines Limited – only the legal

5. Scope
evidence and findings. question is considered.

6. Sections Ss. 96–112 and Orders 41–45

S. 113 and Order 46 CPC.
Applicable CPC.

Before judgment, when doubt

7. Stage After judgment or decree.
arises.

8. Power of Can confirm, modify, or Gives its opinion on the

Higher Court reverse the decision. referred question only.

The appellate court’s decree The opinion given is advisory

9. Binding
is binding and replaces the and guides the subordinate
Nature
lower court’s decree. court.

Appeal from District Court to District Court refers question on

10. Example
High Court against decree. constitutional validity of a law.

6. Flowchart – Distinction between Appeal & Reference

Civil Dispute in Subordinate Court
│
┌───────────┴───────────┐
│ │
Party dissatisfied Court in doubt
with judgment about law
│ │
Files an Appeal Makes Reference
│ │
Appellate Court re- High Court gives
examines facts & law legal opinion

7. Case Laws
(1) Lachmeshwar Prasad v. Keshwar Lal (1940 FCR 84)

The Federal Court held that appeal is a continuation of the original suit, and all issues—both
of fact and law—may be re-examined by the appellate court.
(2) Keshav Mills Co. Ltd. v. CIT (1965) AIR SC 1636

The Supreme Court emphasized that reference is only a consultative jurisdiction and the High
Court’s opinion must be confined to the question of law referred.

(3) Seth Gopikisan v. Firm Gangabisan (AIR 1943 Nag 306)

It was held that a party has no right to demand a reference; it solely depends on the
subordinate court’s discretion.

8. Jurisprudential Rationale
The distinction between appeal and reference rests on the principle of judicial hierarchy and
fairness:

 Appeal ensures justice to the aggrieved party by correcting errors.

 Reference ensures uniformity and certainty in interpretation of
law by seeking guidance from higher authority.

Thus, while both protect justice, their juridical purposes differ — one is remedial, the other
consultative.

9. Illustrations
1. Illustration (Appeal):
A District Court decrees a civil suit against A. Feeling aggrieved, A files a First Appeal
under Section 96 CPC before the High Court — this is an appeal.
2. Illustration (Reference):
A Munsif Court, while deciding a dispute, doubts whether a State amendment to the CPC
is valid. It refers the question under Section 113 CPC to the High Court — this is a
reference.

10. Conclusion
In summary, appeal and reference serve distinct but complementary roles in the administration
of justice under the CPC.

 Appeal is a right of the litigant to seek correction of a decree or order.

  Reference is a power of the subordinate court to seek legal guidance
from the High Court.

Both mechanisms uphold the supervisory jurisdiction of higher courts, ensuring consistency,
legality, and fairness in the judicial process.

LONG QUESTIONS
(Organised strictly by CCS University syllabus order)

Q. What Properties Are Not Liable for

Attachment and Sale in Execution of a
Decree?

1. Introduction
The Code of Civil Procedure, 1908 (CPC), provides the machinery for enforcement of civil
rights and decrees. When a decree is passed in favor of a decree-holder, it may be executed by
attachment and sale of the judgment-debtor’s property. However, the law recognizes certain
limitations to this power.
These exemptions are based on humanitarian, social, and constitutional considerations—to
ensure that while justice is done to the decree-holder, the judgment-debtor is not deprived of his
basic means of livelihood or dignity.

The relevant provision governing this subject is Section 60 of the Code of Civil Procedure,
1908, which specifies both attachable and non-attachable properties.
2. Relevant Provision: Section 60, CPC
(a) Section 60(1) – General Rule

All saleable property, movable or immovable, belonging to the judgment-debtor or over which
he has disposing power, can be attached and sold for execution of a decree.

Examples of attachable properties include:

 Land, houses, goods, and money;

 Bank accounts, shares, debts, and other financial assets;
 Rights or interests in property, whether movable or immovable.

(b) Section 60(1)(a) to (p) – Exemptions

The proviso to Section 60(1) lists specific categories of properties that cannot be attached or
sold in execution, protecting individuals’ subsistence and dignity.

3. Properties Not Liable for Attachment and Sale

(1) Necessary Wearing Apparel and Personal Ornaments

Basic wearing apparel of the judgment-debtor, his wife, and children are exempt from
attachment. Personal ornaments which are customarily worn by women are also protected.
Rationale: These are essential for daily life and social existence.

Illustration: A woman’s mangalsutra or a man’s basic clothing cannot be seized to satisfy a

decree.

(2) Tools of Artisans

Tools, instruments, or implements necessary for a person’s trade or profession are exempt from
attachment.
Example: A carpenter’s toolkit, a tailor’s sewing machine, or a farmer’s plough.

Rationale: Preventing attachment of tools ensures livelihood protection—a reflection of Article

21 (Right to Life and Livelihood).
(3) Houses of Agriculturists

The houses and materials (buildings and sites) belonging to an agriculturist and occupied by him
are exempt.
Conditions:

 The person must be an agriculturist, i.e., primarily dependent on

agriculture for livelihood.
 The house must be occupied by him.

Case Law:
Kuttappan v. Thressiamma (1990) – The Kerala High Court held that an agriculturist’s
dwelling house is protected even if it is partly used for residential and partly for other purposes.

(4) Salary and Wages

Under Section 60(1)(i):

 The salary of government employees, railway servants, and local

authority staff is exempt up to certain limits.
 Only a portion of salary can be attached:
o First ₹1,000 and two-thirds of the remainder are exempt.
o The balance one-third can be attached for ordinary debts.
 Full exemption is given for maintenance decrees and court-ordered
allowances.

Case Law:
Union of India v. Jyoti Chit Fund (1976) – The Supreme Court held that attachment of salary
must strictly comply with Section 60 provisions.

(5) Provident Fund, Pension, and Gratuity

Amounts payable under:

 Provident Fund Act,

 Pension Act, and
 Gratuity under service rules
are fully exempt from attachment, both before and after payment.

Case Law:
Radhey Shyam Gupta v. Punjab National Bank (2009) – Provident Fund remains immune
from attachment even after being credited to the employee’s account.
(6) Allowances of Public Officers, Soldiers, and Employees

Allowances received by government servants, military personnel, or public officers are exempt.
These include:

 Dearness allowance,
 Travelling allowance,
 Uniform allowance, etc.

(7) Insurance and Pension Funds

Under Section 60(1)(k), insurance money and pension funds declared by law to be non-
attachable are protected.

Example: Policies under the Government Savings Bank Act and Life Insurance Act.

(8) Stipends and Subsistence Allowances

Any subsistence allowance granted to a public servant during suspension is not attachable, as it is
meant for his survival.

(9) Right to Future Maintenance

The right to future maintenance is personal and cannot be transferred, attached, or sold.

Illustration: If a widow receives monthly maintenance from her husband’s estate, that future
amount cannot be seized.

(10) Political Pensions

Under Section 60(1)(g), political pensions and other government grants are exempt to ensure
independence and dignity of public service.
(11) Wages of Labourers and Domestic Servants

Wages of laborers or domestic servants are fully exempt, recognizing their economic
vulnerability and ensuring livelihood protection.

Illustration: The wages of a daily wage worker cannot be attached to pay off debts.

(12) Equipment of Soldiers, Sailors, and Airmen

Military and defense equipment issued for official use cannot be attached to safeguard national
security and service obligations.

(13) Properties Declared Exempt by Other Laws

Certain laws provide additional exemptions. For instance:

 Agricultural produce under tenancy laws,

 Compensation under Motor Vehicle Act, etc.

4. Flowchart: Classification of Non-Attachable Properties

SECTION 60(1) CPC → Properties Exempt from Attachment

│
├── Personal Necessities → Clothes, Ornaments, Tools
├── Livelihood Protection → Houses of Agriculturists, Tools of Trade
├── Employment-Related → Salary, Allowances, Pension, Gratuity
├── Legal Entitlements → Maintenance, Provident Fund
├── Social Security → Political Pensions, Insurance
└── Statutory Exemptions → As per other Acts

5. Judicial Approach & Constitutional Perspective

Courts have consistently adopted a liberal interpretation of Section 60 CPC to protect the
debtor’s right to livelihood and dignity under Article 21 of the Constitution.

 Olga Tellis v. Bombay Municipal Corporation (1985) – The right to

livelihood is an integral part of the right to life.
  The doctrine of proportionality guides that execution proceedings
must strike a balance between the rights of the decree-holder and the
debtor’s fundamental rights.
 The purpose of these exemptions is not to shield the dishonest
debtor, but to safeguard human survival and basic subsistence.

6. Exceptions to Exemption
However, certain exemptions are not absolute:

 Property exempted may be attached if specifically charged for

payment of a debt (e.g., mortgage).
 Salary can be reattached after 12 months for recurring liabilities (as
per Section 60(1) proviso).
 In case of maintenance decrees, a higher portion of salary may be
attached.

7. Object and Rationale

The object of Section 60 CPC is social justice — to ensure that while the decree-holder’s rights
are enforced, the debtor’s minimum existence is not jeopardized.

Underlying principles:

1. Protection of Human Dignity

2. Preservation of Livelihood
3. Balance between creditor’s rights and debtor’s survival
4. Fairness and reasonableness in execution

8. Conclusion
In conclusion, Section 60 CPC embodies a humane approach to the process of execution. It
acknowledges that while debts must be paid, a person should not be stripped of the very means
of living. The law thus carves out specific exemptions to protect the debtor’s livelihood, dignity,
and social security.

These exemptions align with the constitutional philosophy of social justice under Articles 14,
19, and 21. Therefore, the court must ensure that execution of decrees is carried out with
fairness, humanity, and adherence to the principles of natural justice.
Q. Limitation only Extinguishes Remedies and
not the Right. Discuss.

1. Introduction
The law of limitation is one of the most important procedural laws which governs the time
period within which a person may approach a court to seek relief. It is founded on the
maxim:

“Interest reipublicae ut sit finis litium”

(It is in the interest of the State that there should be an end to litigation.)

The Law of Limitation does not create any new rights or obligations; rather, it bars the judicial
remedy after a specified time. The underlying idea is that a person must be vigilant of his
rights and not sleep over them.

However, a crucial principle under this law is that limitation extinguishes only the remedy and
not the right itself. This means that although a person loses the power to enforce a right in a
court of law after the prescribed period, the right in itself continues to exist morally and
sometimes even legally.

2. Meaning of Limitation
The Limitation Act, 1963, governs the law of limitation in India.

Definition:

 The Act does not define “limitation” directly, but it lays down time
limits within which various legal actions may be initiated.
 The Schedule to the Act prescribes specific periods of limitation for
different kinds of suits, appeals, and applications.

Purpose:

The law aims to:

1. Ensure certainty and finality in litigation.

 2. Prevent stale and fraudulent claims.
3. Encourage diligence and promptness in asserting rights.

3. Nature and Scope of Law of Limitation

The Limitation Act is procedural and not substantive. It does not destroy the right itself but
bars the remedy of enforcing that right through a court.

Section 3(1) of the Limitation Act:

Every suit, appeal, or application made after the prescribed period shall be dismissed, even
though limitation has not been set up as a defense.

Thus, the court is bound to dismiss a case filed beyond limitation — the bar operates
automatically.

4. Object and Policy of the Law of Limitation

(a) Public Policy

It is based on public policy — that there must be an end to litigation and disputes should not be
kept alive indefinitely.

(b) Encourages Diligence

It encourages parties to be vigilant and to pursue their rights without undue delay.

(c) Protects Defendants

It protects defendants from the injustice of defending stale claims, where evidence may have
been lost or witnesses unavailable.

(d) Promotes Certainty

It brings stability and certainty in legal affairs, property transactions, and commercial dealings.

5. Effect of Expiry of Limitation Period

When the prescribed period for instituting a legal action expires:
 1. The remedy (legal action) becomes barred.
2. The right itself, however, is not destroyed (except in specific cases).
3. The court cannot entertain the matter even if the right is valid.

Illustration:

If a person fails to recover a debt within 3 years, the right to recover the debt morally exists,
but he cannot file a suit in court to enforce it.

6. Doctrine: “Limitation Extinguishes Remedy, Not Right”

This principle forms the foundation of limitation law.

 The expiration of the limitation period does not wipe out the
underlying right, but merely bars the enforcement of that right
through judicial remedy.
 The debtor’s obligation still exists in conscience and morality,
though not enforceable in court.

This doctrine has been recognized and affirmed by courts in several landmark cases.

7. Legal Basis and Statutory Provisions

(A) Section 3 – Bar of Limitation

As stated earlier, it mandates dismissal of any action beyond limitation — the remedy is barred,
not the right.

(B) Section 27 – Extinguishment of Right to Property

This section is the only exception to the general rule. It provides that:

“At the determination of the period limited to any person for instituting a suit for possession of
any property, his right to such property shall be extinguished.”

Hence, in the case of property, both right and remedy are extinguished.
But in other cases, only the remedy is barred.
Flowchart: Operation of Limitation Law
Right arises → Period of Limitation begins → Person fails to sue within time →
Remedy extinguished → Right continues (except for property cases under S.27)

8. Judicial Interpretations
(1) Bombay Dyeing & Mfg. Co. Ltd. v. State of Bombay (1958 AIR
328, SC)

The Supreme Court held:

“The law of limitation does not destroy the right; it only bars the remedy.”

Even after limitation, the right exists, but it cannot be enforced through the court of law.

(2) Mst. Rukhmabai v. Lala Laxminarayan (AIR 1960 SC 335)

It was held that limitation does not extinguish the right except in cases of property under
Section 27. The right can still be recognized morally or through a new contract acknowledging
the debt.

(3) Nav Rattanmal v. State of Rajasthan (AIR 1961 SC 1704)

The Court reaffirmed that limitation bars the remedy and not the right, unless specifically
stated otherwise.

(4) Tilak Ram v. Nathu (AIR 1967 SC 935)

It was held that the bar of limitation does not annul the right, but it makes the right
unenforceable in a court of law.

(5) State of Punjab v. Gurdev Singh (1991) 4 SCC 1

The Court observed that the law of limitation is founded on sound policy — vigilantibus non
dormientibus jura subveniunt — law assists those who are vigilant, not those who sleep on their
rights.
9. Theoretical Explanation
(A) Procedural Nature of Limitation

Limitation law is procedural because it affects only the forum and mode of enforcement, not the
substantive existence of a right.

(B) Substantive Exception under Section 27

In property cases, limitation becomes substantive — it extinguishes both the ownership right
and remedy.

(C) Continuing Moral Obligation

Even though remedy is barred, the debtor’s moral obligation survives. For instance, under
Section 25(3) of the Indian Contract Act, 1872, a promise to pay a time-barred debt is valid
and enforceable.

Illustration:
A owes B ₹1,000, but the debt becomes time-barred. A later promises in writing to pay B
₹1,000 — this becomes a new enforceable obligation.

10. Practical Implications

Aspect Effect of Limitation

Debt or Money
Remedy barred after 3 years; right continues morally.
Claim

Right to Property Both right and remedy extinguished (S.27).

Criminal Liability Certain petty offences time-barred under CrPC.

Acknowledgment Fresh period of limitation begins if acknowledgment in

(S.18) writing is made before expiry.

Part-Payment New limitation period begins from date of part-

(S.19) payment.
11. Exceptions and Saving Provisions
The Limitation Act provides several exceptions and relaxations to prevent injustice.

(A) Section 4 – Expiry on Holiday

If the prescribed period expires when the court is closed, the case may be filed on the next
working day.

(B) Section 5 – Condonation of Delay

Courts may admit an appeal or application after limitation if sufficient cause is shown.

(C) Section 6–9 – Legal Disability

In cases of minors, lunatics, or idiots, limitation begins after the disability ceases.

(D) Section 12–24 – Computation & Exclusions

Certain periods, such as time for obtaining certified copies or time spent in bona fide litigation in
a wrong forum, are excluded from computation.

Flowchart: Effect of Limitation Period

Right Accrues
↓
Limitation Period Begins
↓
Suit Filed in Time → Remedy Available
Suit Filed Late → Remedy Barred
↓
Right Continues (Except Property)

12. Distinction between Extinguishment of Remedy and

Right
Remedy
Basis Right Extinguished
Extinguished

Nature Procedural bar. Substantive loss.

Effect Cannot enforce right in Right ceases to exist.

 Remedy
Basis Right Extinguished
Extinguished

court.

Recovery of debt after Ownership of property after adverse

Example
3 years. possession.

Governing Section 3, Limitation

Section 27, Limitation Act.
Section Act.

13. Illustrations
1. Debt Case:
A owes B ₹5,000. Limitation for recovery is 3 years. B does not sue within time. After 3
years, B’s right to recover morally exists, but legally, no remedy is available.
2. Property Case:
A owns land. B occupies it adversely for 12 years. A does not sue within limitation. A’s
ownership right is extinguished under Section 27; B acquires title by adverse
possession.
3. Time-Barred Debt Revived:
A time-barred debt can be revived by acknowledgment (S.18) or a new written promise
(S.25(3), Contract Act).

14. Criticism of the Doctrine

Some critics argue that:

 It may result in moral injustice, as genuine claims become

unenforceable.
 It sometimes encourages technicalities over substantial justice.
However, courts justify it on the ground of public policy, certainty,
and repose.

15. Judicial Approach

Indian courts adopt a liberal approach in condoning delays (S.5) and computing limitation
(S.12–14) to prevent injustice, while upholding the principle that time-barred suits cannot
revive old disputes.
16. Conclusion
The doctrine that limitation extinguishes the remedy but not the right lies at the heart of
procedural fairness. It ensures that law aids only the vigilant, discourages stale claims, and
promotes finality in litigation.

Except in property cases under Section 27, the expiry of limitation only bars the jurisdiction of
courts to enforce the right — the right itself remains as a moral and natural obligation.

Thus, while the law of limitation acts as a shield for defendants, it also serves as a discipline
for plaintiffs, balancing justice with certainty. In sum:

“The law of limitation bars the door of the court, not the existence of the right behind it.”

Q. What are the Basic Rules of Pleadings?

When can the Leave to Amend the Pleadings
be Granted?

1. Introduction
Pleadings form the foundation of every civil suit. They are the written statements filed by
parties in a court to define their respective claims and defenses. The entire trial, including
framing of issues and judgment, depends upon the pleadings.

The law relating to pleadings is primarily contained in Orders VI, VII, and VIII of the Code
of Civil Procedure, 1908. Pleadings serve a dual purpose — (a) to inform the opposite party
of the case it has to meet, and (b) to help the court determine the real points in dispute.

The objective of pleading is not mere formality; it is to secure justice by ensuring fair notice,
clarity, and precision in the presentation of facts.

2. Meaning and Definition

 Order VI Rule 1, CPC defines pleading as “plaint or written
statement.”
 o A plaint is the statement of claim by the plaintiff.
o A written statement is the defense or reply by the defendant.

Thus, “pleading” includes both sides’ written contentions — one setting forth a cause of action
and the other stating the defense.

3. Object of Pleadings
The main object of pleadings is to:

1. Inform each party of the case of the other.

2. Limit the controversy to the issues actually in dispute.
3. Prevent surprise at the trial.
4. Enable the court to determine the real question in issue.
5. Ensure a fair and speedy trial by narrowing down the scope of
litigation.

Flowchart: Function of Pleadings

Facts of Dispute
↓
Pleadings (Plaint/Written Statement)
↓
Framing of Issues
↓
Evidence Limited to Issues
↓
Judgment Based on Pleadings & Evidence

4. Fundamental Rules of Pleadings (Order VI, Rules 2–16

CPC)
The rules of pleadings are designed to ensure clarity, conciseness, and relevance. The following
are the basic principles:

(A) Plead Facts, Not Law

A party must state material facts, not the law or legal conclusions.

 Example: A plaint should state facts showing negligence, not simply

assert “the defendant was negligent.”
Case Law:
➡️Kedar Lal v. Hari Lal (AIR 1952 SC 47) – The court held that pleadings should contain facts
upon which the cause of action is based; law is for the court to apply.

(B) State Material Facts Only

“Material facts” mean facts essential to establish the cause of action or defense.

 Unnecessary facts, background stories, or evidence should be

excluded.

Case Law:
➡️Virendra Kashinath Ravat v. Vinayak N. Joshi (1999) 1 SCC 47 – Material facts are those that
must be proved at the trial for the plaintiff to succeed.

(C) Do Not State Evidence

The pleading must not include evidence by which facts are to be proved.

 Example: Plead “there was a contract” — not “a contract was made

through letters dated X and Y.”

Rationale: To prevent pleadings from being overloaded with unnecessary details.

(D) Pleadings Must Be Concise and Precise

 The statement must be clear, unambiguous, and free from vagueness.

 The pleadings should be as brief as the nature of the case
permits, but complete in all material facts.

Case Law:
➡️Trojan & Co. v. Nagappa Chettiar (AIR 1953 SC 235) – The court cannot grant relief on facts
not pleaded; pleadings must be precise and complete.

(E) Plead Facts in Chronological Order

 Facts should be stated in logical sequence — showing how the cause

of action arose step by step.
  Helps the court easily understand the chain of events.

(F) No Departure from Pleadings

 Parties are bound by their pleadings; they cannot set up a new case
during arguments or evidence.
 Evidence beyond the pleadings must be disregarded.

Case Law:
➡️Bachhaj Nahar v. Nilima Mandal (2008) 17 SCC 491 – The court held that no relief can be
granted unless it is founded on pleadings.

(G) Consistency between Pleadings and Proof

There must be harmony between the pleadings and the evidence led.

 Any variance is fatal unless amended.

(H) Pleadings to be Signed and Verified

 Order VI, Rule 14–15 CPC requires pleadings to be:

o Signed by the party and pleader, and
o Verified on oath or affidavit to ensure authenticity.

(I) Alternative and Inconsistent Pleadings

 Order VI Rule 7 CPC permits alternative pleadings if they are not

mutually destructive.
 Example: A party may plead that a will is invalid and, alternatively,
that if valid, it was obtained by fraud.

Case Law:
➡️Firm Sriniwas Ram Kumar v. Mahabir Prasad (AIR 1951 SC 177) – A party may rely upon
alternative and even inconsistent rights if both arise from the same transaction.
(J) Amendment of Pleadings Allowed (O. VI, R.17 CPC)

 The court may allow amendment to avoid multiplicity of suits and to

bring the real controversy before the court.
 Discussed in detail below.

5. Amendment of Pleadings (Order VI Rule 17 CPC)

(A) Statutory Provision

“The Court may at any stage of the proceedings allow either party to alter or amend his pleadings
in such manner and on such terms as may be just; and all such amendments shall be made as may
be necessary for determining the real questions in controversy between the parties.”

(B) Object of Amendment

The primary aim of amendment is:

1. To avoid multiplicity of proceedings.

2. To determine the real controversy between parties.
3. To correct errors, omissions, or mistakes in pleadings.

(C) Stages at Which Amendment Can Be Allowed

 At any stage of proceedings — before or after issues are framed, even

during appeal — if it promotes justice.
 However, post-trial amendments are scrutinized more strictly.

(D) Conditions for Granting Leave to Amend

1. Amendment should be necessary to determine the real

controversy.
2. It should not introduce a new or inconsistent cause of action.
3. It should not change the nature of the suit.
4. It should not cause prejudice to the other side that cannot be
compensated by costs.
5. There should be no mala fide intention or undue delay.
(E) Case Laws on Amendment of Pleadings
1. Revajeetu Builders & Developers v. Narayanaswamy (2009) 10 SCC 84

The Supreme Court laid down comprehensive guidelines for amendment of pleadings:

 Amendments that help to determine the real issue should be allowed.

 Technicalities should not prevent justice.
 Delay is not fatal unless it causes serious injustice.

2. Jai Jai Ram Manohar Lal v. National Building Material Supply (AIR 1969 SC
1267)

The court held that procedural laws are handmaids of justice; a mistake in pleading can be
rectified if no new cause of action is introduced.

3. Pirgonda Hongonda Patil v. Kalgonda Shidgonda Patil (AIR 1957 SC 363)

Amendment should be allowed if it can be made without injustice to the other side and is
essential for determining the real matter in controversy.

4. Usha Balashaheb Swami v. Kiran Appaso Swami (2007) 5 SCC 602

Even a belated amendment can be allowed if it does not change the basic nature of the case.

(F) When Amendment Cannot Be Allowed

1. When it changes the fundamental character of the case.

2. When it introduces a time-barred claim (after limitation).
3. When it is made with mala fide intent or to delay the proceedings.
4. When it causes irreparable prejudice to the opposite party.

Case:
➡️L.J. Leach & Co. v. Jardine Skinner & Co. (AIR 1957 SC 357) – Amendment introducing a
new cause of action after limitation period was not allowed.

(G) Flowchart: Process of Amendment

Application for Amendment (O. VI R. 17)
↓
Court Considers:
- Necessity for Real Controversy?
- Change in Nature of Case?
- Prejudice to Opposite Party?
↓
If Just & Necessary → Amendment Allowed
↓
If Prejudicial or Mala Fide → Rejected

6. Effect of Amendment
1. The pleading stands modified as per amendment.
2. The opposite party is given an opportunity to reply.
3. Issues may be re-framed, and additional evidence allowed if required.
4. The suit proceeds as if the amended pleading had been originally filed.

7. Consequences of Defective Pleadings

1. Dismissal of the suit if material facts are not pleaded.
2. Striking out of scandalous or vexatious matter (O. VI R. 16).
3. Evidence outside pleadings will be rejected.
4. No relief can be granted beyond pleadings (Trojan & Co. v. Nagappa
Chettiar).

8. Importance in Modern Litigation

In modern procedural law, the emphasis is on substantial justice rather than technical defects.
The CPC (Amendment) Act, 2002 inserted a proviso to Order VI Rule 17, restricting
amendments after the trial begins — unless the court is satisfied that despite due diligence, the
party could not have raised the matter earlier.

This balances the right to fair trial with the need for efficiency in judicial process.

9. Conclusion
Pleadings are the soul of civil litigation. They serve to identify the real dispute, limit the scope
of trial, and prevent injustice by surprise. The rules of pleading ensure that each party knows
what case it has to meet, while the amendment provisions ensure flexibility and fairness.
The judiciary’s consistent approach — from Trojan & Co. to Revajeetu Builders — demonstrates
that pleadings should be liberally construed to advance justice, not defeat it on technical
grounds.

Hence, pleadings and their amendment together form the foundation of procedural justice,
ensuring that form serves the substance of law.

Q. What do you know about the Principle of

Res Judicata? Explain the Difference between
Res Judicata and Res Sub Judice.

1. Introduction
The principle of Res Judicata is a foundational doctrine in civil law, ensuring finality of
litigation and preventing multiplicity of suits. It is based on the public policy that there must be
an end to litigation and no person should be vexed twice for the same cause.

The term Res Judicata is derived from Latin, meaning:

“A matter already judged.”

It bars a court from trying any suit or issue which has been directly and substantially in issue in
a former suit between the same parties and has been finally decided by a competent court.

2. Statutory Provision – Section 11 of the Code of Civil

Procedure, 1908
Text of Section 11:

“No Court shall try any suit or issue in which the matter directly and substantially in issue has
been directly and substantially in issue in a former suit between the same parties, or between
parties under whom they or any of them claim, litigating under the same title, in a Court
competent to try such subsequent suit, and has been heard and finally decided by such Court.”

Thus, Section 11 CPC embodies the doctrine of Res Judicata.

3. Meaning and Origin
 The principle originated in English Common Law and has since
become a universal rule recognized in all civilized legal systems.
 It is based on two maxims:
1. “Nemo debet bis vexari pro eadem causa” – No one should
be vexed twice for the same cause.
2. “Interest reipublicae ut sit finis litium” – It is in the interest
of the State that there should be an end to litigation.

Thus, Res Judicata prevents re-litigation of the same matter once it is finally decided.

4. Object and Purpose

The doctrine serves three fundamental purposes:

1. Finality of Judgment: Ensures that decisions once made by a

competent court are final and binding.
2. Judicial Economy: Prevents waste of court time and duplication of
judicial effort.
3. Protection Against Harassment: Prevents a person from being
vexed repeatedly for the same matter.

5. Essentials of Res Judicata

To invoke Section 11 CPC, the following conditions must be satisfied:

Essentials Explanation

There must have been a prior (former) suit

1. Former Suit
decided by a competent court.

2. Matter Directly and The issue in both suits must be the same and
Substantially in Issue essential to the decision.

3. Same Parties or The parties in both suits must be the same, or

Privies claiming under the same title.

The parties must have litigated under the same

4. Same Title
capacity (e.g., as owners, not agents).
 Essentials Explanation

The former court must have had jurisdiction

5. Competent Court
over the matter.

6. Heard and Finally The issue must have been heard and decided
Decided finally, not merely dismissed for default.

Flowchart: Operation of Res Judicata

Former suit decided by competent court
↓
Same matter directly & substantially in issue
↓
Between same parties or their privies
↓
Under same title
↓
Heard and finally decided

⇒ Second suit barred under Section 11 CPC

↓

6. Illustrations
1. Example 1: A sues B for ownership of property “X” and loses. A later sues B again for
the same property on the same ground.
→ Barred by Res Judicata.
2. Example 2: A sues B for possession of house “Y”. The court holds A not the owner.
Later, A sues B for rent of the same house claiming ownership.
→ Barred by Res Judicata.

7. Kinds of Res Judicata

Res Judicata can be classified into two types:

(1) Direct Res Judicata

When a specific matter directly in issue in a former suit is again raised in a subsequent suit.

(2) Constructive Res Judicata (Explanation IV to Section 11)

When a matter might and ought to have been raised in the former suit but was not raised, the
person is deemed to have raised it, and is barred from raising it later.
Example:
A sues B for possession but does not claim mesne profits (which he could have claimed). Later,
he files another suit for mesne profits. → Barred by constructive Res Judicata.

8. Explanations to Section 11 CPC (I to VIII)

Explanati
Subject Meaning
on

A suit decided earlier in time, even if

I Former Suit
filed later.

Court must have jurisdiction to try

II Competency of Court
subsequent suit.

Matter Directly & Includes matters alleged by one party

III
Substantially in Issue and denied by the other.

Constructive Res Matters that might and ought to have

IV
Judicata been raised earlier are deemed decided.

Relief claimed in former suit not granted

V Relief Claimed
is deemed refused.

Applies to public rights decided by

VI Public Rights
courts of competent jurisdiction.

Doctrine applies to execution

VII Execution Proceedings
proceedings also.

Miscellaneous Applies to revenue and special

VIII
Proceedings jurisdiction matters.

9. Leading Case Laws

(1) Satyadhyan Ghosal v. Deorajin Debi (AIR 1960 SC 941)

Held:
The principle of Res Judicata is based on the need for finality in litigation. It applies not only to
separate suits but also to different stages of the same proceeding.
(2) Daryao v. State of U.P. (AIR 1961 SC 1457)

Held:
Res Judicata is not merely a technical rule of procedure but a rule of public policy.
A writ petition dismissed by the High Court cannot be re-filed before the Supreme Court under
Article 32 on the same cause.

(3) Sheoparsan Singh v. Ramnandan Singh (AIR 1916 PC 78)

Held:
Res Judicata applies equally to decisions of courts of competent jurisdiction, whether correct or
erroneous.

(4) Gulabchand Chhotalal Parikh v. State of Gujarat (AIR 1965 SC

1153)

Held:
Res Judicata applies even to civil proceedings decided by civil or revenue courts.

(5) State of U.P. v. Nawab Hussain (AIR 1977 SC 1680)

Held:
A plea which could have been taken in an earlier writ petition cannot be taken in a later one. This
is constructive Res Judicata.

10. Exceptions to Res Judicata

1. Lack of Jurisdiction:
If the previous judgment was delivered by a court without jurisdiction, it is void and not
Res Judicata.
2. Fraud or Collusion:
A judgment obtained by fraud or collusion cannot operate as Res Judicata.
3. Change in Law:
If the law has changed after the former decision, Res Judicata does not apply.
4. Pure Question of Law:
A pure question of law, like jurisdiction or constitutional validity, can be re-agitated.
 5. Public Interest Litigation (PIL):
If the issue concerns public interest or fundamental rights of society at large, Res Judicata
is applied flexibly.

11. Scope and Application

 Applies to civil, criminal, revenue, administrative, and writ
proceedings.
 Applies to execution proceedings (Explanation VII).
 Extends to foreign judgments under Section 13 CPC.
 Binds parties and their privies (those claiming under them).

12. Doctrine of Res Sub Judice – Section 10 CPC

Now, let’s understand the related doctrine — Res Sub Judice.

Section 10 CPC – Stay of Suit

“No Court shall proceed with the trial of any suit in which the matter in issue is also directly and
substantially in issue in a previously instituted suit between the same parties... pending in the
same or another competent court.”

Meaning

 Res Sub Judice literally means “a matter under judicial

consideration.”
 It prevents two courts from simultaneously trying the same
issue between the same parties.

Object

To prevent duplicity of proceedings and conflicting judgments, and to ensure judicial

economy.
Conditions for Res Sub Judice (Section 10)
Condition Explanation

There must be two suits – one previously instituted, one

(1) Two suits
subsequently.

(2) Same matter in

The matter must be directly and substantially the same.
issue

Both suits must involve same parties or their

(3) Same parties
representatives.

(4) Same title Parties must be litigating under the same title.

The earlier court must be competent to try and grant

(5) Competent court
relief.

Effect

 The later suit is not dismissed but stayed until the first suit is
decided.
 The pendency of the first suit bars the trial (not filing) of the second.

Leading Case: National Institute of Mental Health v. C.

Parameshwara (AIR 2005 SC 242)

Held:
Section 10 applies only when there is identity of matter and parties. Its object is to prevent two
courts from trying the same issue simultaneously.

13. Difference between Res Judicata and Res Sub Judice

Basis Res Judicata (Sec. 11) Res Sub Judice (Sec. 10)

Meaning Matter already decided. Matter pending before court.

Applies during pendency of earlier

Stage Applies after final decision.
suit.

Effect Second suit is barred. Second suit is stayed.

 Basis Res Judicata (Sec. 11) Res Sub Judice (Sec. 10)

Objective Finality of judgment. Avoidance of parallel proceedings.

Suspension of later suit until first

Result Dismissal of later suit.
decided.

Rule of public policy

Nature Rule of procedure (discretionary).
(mandatory).

Court’s No jurisdiction to re-try the

Court can stay proceedings.
Power matter.

Suit for property decided Same property dispute pending

Example
earlier cannot be re-filed. elsewhere; later suit stayed.

Flowchart: Distinction between Res Judicata & Res Sub Judice

┌─────────────────────┬─────────────────────┐
│ Res Sub Judice │ Res Judicata │
├─────────────────────┼─────────────────────┤
│ Case pending │ Case already decided│
│ Second suit stayed │ Second suit barred │
│ Sec. 10 CPC │ Sec. 11 CPC │
│ Avoids duplication │ Ensures finality │
└─────────────────────┴─────────────────────┘

14. Importance of the Principles

 Ensures judicial consistency.
 Prevents harassment and multiplicity of suits.
 Maintains respect for judicial decisions.
 Preserves resources of courts and litigants.

These doctrines form part of fundamental procedural fairness and are essential to the rule of
law.

15. Criticism
 Sometimes bars genuine claims when earlier decisions were erroneous.
  May operate harshly against illiterate or poor litigants unaware of
technicalities.
 However, courts interpret it liberally to serve substantial justice.

16. Conclusion
The doctrines of Res Judicata (Section 11) and Res Sub Judice (Section 10) are twin pillars
ensuring stability and efficiency in the civil justice system.

While Res Sub Judice prevents parallel trials of the same issue, Res Judicata prevents re-
litigation of an already decided issue.

Together, they uphold the maxim:

“No man shall be twice vexed for one and the same cause.”

Thus, the principle of Res Judicata ensures finality, certainty, and judicial discipline, while Res
Sub Judice ensures orderly administration of justice — both forming the cornerstone of civil
jurisprudence in India.

Q. What do you mean by Summons? What are

its Essential Elements? State in brief the
various Modes of Service of Summons on
Defendant.

1. Introduction
The issuance and service of summons is one of the most fundamental procedural steps in a civil
suit. The purpose of a summons is to inform the defendant that a legal proceeding has been
instituted against him and to require his appearance before the court to answer the plaintiff’s
claim.

It ensures that no person is condemned unheard — a principle rooted in natural justice:

“Audi alteram partem” — No one should be condemned without being heard.

Without proper service of summons, any judgment or decree passed is void or irregular, as it
violates due process of law.

2. Meaning and Definition of Summons

Statutory Basis

 Section 27 CPC:
Provides that a summons shall be issued to the defendant to appear and answer the claim
on a day specified in it.
 Order V Rules 1–30 CPC:
Contain detailed provisions regarding issue, contents, and service of summons.

Definition

A summons is a formal written notice issued by a civil court to a defendant or witness,

directing him to appear before the court on a specified date and time to answer a claim or give
evidence.

In simple words:
A summons is a legal intimation from the court calling upon a person to appear before it for a
particular purpose — generally to answer a civil claim.

Judicial Definition

In K. Bhaskaran v. Sankaran Vaidhyan Balan (1999) 7 SCC 510, the Supreme Court held:

“A summons is a process issued by a court for the purpose of compelling the appearance of a
defendant to answer the plaintiff’s claim or of a witness to give evidence in a cause before it.”

3. Object and Purpose of Summons

The main objectives are:

1. To ensure fair hearing – the defendant gets notice of the claim.

2. To inform about proceedings – to avoid ex-parte judgments.
3. To ensure appearance of the defendant on a specific date.
4. To safeguard natural justice by providing opportunity to defend.
4. Essentials of a Valid Summons
For a summons to be valid and effective, it must comply with the following essential elements
under Order V Rules 1–8 CPC:

Essential Element Explanation

Must be in writing and issued under the seal and

(1) Written Form signature of the presiding officer or authorized
court officer.

(2) Specification of Must clearly mention the name, address, and

Parties description of both plaintiff and defendant.

(3) Statement of Must state clearly why the defendant is being

Purpose summoned — i.e., to appear and answer the claim.

Must specify the exact date and place of

(4) Date and Time
appearance.

(5) Consequences of Must mention that in case of non-appearance, the

Non-Appearance suit may be heard ex parte.

Must be accompanied by a copy of the plaint as per

(6) Copy of the Plaint
Rule 2 of Order V.

(7) Signature and The summons must be signed by the judge or

Seal of Court officer and bear the official seal.

Illustration:

Suppose A files a civil suit for recovery of ₹1,00,000 against B.

The court issues a summons directing B to appear on 10th December 2025 with a copy of the
plaint attached.
If B fails to appear, the court may proceed ex parte.

Flowchart: Essentials of a Valid Summons

Written form + Court seal
↓
Names & addresses of parties
 ↓
Purpose of summons (appearance/defence)
↓
Date, time & place specified
↓
Consequences of non-appearance
↓
Copy of plaint attached

5. Issue and Service of Summons (Order V CPC)

(A) Issue of Summons – Rule 1

After the plaintiff files the plaint and the suit is duly registered, the court issues a summons to the
defendant to appear and answer.

 The court may direct the defendant to file a written statement of his
defence.
 The summons must specify the date fixed for appearance.

(B) Delivery of Summons – Rule 9

 The summons is usually delivered to a court officer (process

server) for service.
 The officer must sign the acknowledgment and maintain a return
report of service.

6. Modes of Service of Summons

Order V Rules 9–30 CPC specify the various modes (methods) for serving summons on a
defendant.
They can be grouped as personal, substituted, and special modes.

A. Personal Service (Rule 12, 13, 14, 15)

1. Direct Personal Delivery (Rule 12):

The process server personally delivers or tenders the summons to the defendant and
obtains his signature on the acknowledgment.
 2. Service on Agent (Rule 13):
When the defendant has an agent empowered to accept service, service on such agent is
valid.
3. Service on Adult Family Member (Rule 15):
If the defendant is absent, service may be made on any adult male member of his
family residing with him.
4. Refusal to Accept (Rule 17):
If the defendant refuses to accept, the process server affixes the summons on a
conspicuous part of the house, which is deemed valid service.

B. Substituted Service (Rule 20)

When personal service cannot be effected despite due diligence (e.g., defendant is evading
service), the court may order substituted service:

1. By affixing a copy of summons on the outer door or conspicuous

part of the defendant’s residence or place of business.
2. By publication in a newspaper circulating in the locality.
3. By electronic communication (recently recognized under BSA 2023
& judicial directives).

Effect:
Once substituted service is ordered and carried out properly, it is deemed as good as personal
service.

C. Service by Post, Courier, or E-mail (Rule 9 & 9A)

 Rule 9: Summons may also be served by registered post, speed

post, or approved courier service.
 Rule 9A: Permits service by the plaintiff himself, under court
supervision.
 Courts have recognized e-mail and WhatsApp service as valid
modes in modern times (see Kross Television India Pvt. Ltd. v. Vikhyat
Chitra Production, 2017).

D. Service on Corporations, Firms, and Government (Rules 28–30)

Category Mode of Service

Corporation (Rule 28) On the Secretary, Director, or Principal Officer at

 Category Mode of Service

the registered office.

Partnership Firm (Rule

On any partner, or at the place of business.
29)

Government or Public In the manner prescribed under Section 80 CPC

Officer (Rule 30) — through proper channel with prior notice.

E. Service on Defendant in Prison (Rule 24)

When a defendant is confined in prison, service shall be made through the officer-in-charge of
the prison.

F. Service on Military or Naval Person (Rule 27)

If the defendant is serving in the armed forces, the summons shall be sent to the Commanding
Officer of the unit, who shall cause it to be served.

Flowchart: Modes of Service of Summons

1. Personal Service
├─ Direct to defendant
├─ On agent/family member
├─ Refusal → Affixation

2. Substituted Service
├─ Affixation on house/business
├─ Newspaper publication
├─ Electronic communication

3. Special Modes
├─ Post / Courier / Email
├─ On Government / Corporation / Prisoner / Soldier

7. Service of Summons Outside Jurisdiction

 If the defendant resides outside the jurisdiction of the issuing court, the
summons is sent to the court within whose jurisdiction the
defendant resides, under Section 28 CPC.
  For defendants residing abroad, service is done through foreign
courts or diplomatic channels as per Order V Rule 25.

8. Proof of Service (Rule 18–19)

 The serving officer must endorse the manner, date, and time of
service on the original summons.
 The court may examine the process server on oath to verify service
(Rule 19).
 The court then records its satisfaction whether the service was duly
effected.

9. Consequences of Non-Service or Improper Service

1. Decree becomes voidable – An ex-parte decree without proper
service can be set aside under Order IX Rule 13 CPC.
2. Proceedings invalid – If summons not duly served, entire trial may
be vitiated.
3. Reissue of summons – Court may reissue summons or direct
substituted service.

10. Case Laws on Service of Summons

(1) Y. Narasimha Rao v. Y. Venkata Lakshmi (AIR 1991 SC 207)

Held: Service of summons in accordance with law is essential to confer jurisdiction on the court;
otherwise, judgment is void.

(2) Neerja Realtors v. Janglu (2018) 2 SCC 649

Held: Proper service of summons is a condition precedent for proceeding ex parte. Service
through speed post and publication was held valid.

(3) Kross Television India Pvt. Ltd. v. Vikhyat Chitra Production

(2017)

Held: Electronic means like email or WhatsApp constitute valid service when acknowledgment
is visible (blue ticks).
11. Modern Developments under Bharatiya Nagarik
Suraksha Sanhita, 2023 (and Judicial Innovations)
 Courts now recognize electronic service of summons (email,
WhatsApp, SMS) for speed and transparency.
 This aligns with E-Courts Project and Digital India Mission.
 Supreme Court in In Re: Cognizance for Extension of Limitation
(2020) permitted electronic filing and service during COVID-19, setting
precedent for virtual service mechanisms.

12. Distinction Between Issue and Service of Summons

Basis Issue of Summons Service of Summons

Process of preparing and sending Actual delivery of summons

Meaning
summons from court. to defendant.

To ensure defendant
Purpose To initiate notice procedure.
receives it.

Who Process server or

Court officer or registry.
performs authorized person.

Legal Commences defendant’s right to Confers jurisdiction for

Effect notice. proceeding.

13. Importance of Summons Procedure

 Ensures natural justice and fair trial.
 Avoids ex parte decisions.
 Prevents procedural abuse by guaranteeing notice to the other side.
 Enhances credibility and transparency of judicial process.
14. Conclusion
The procedure relating to summons under Sections 27–32 and Order V CPC is not a mere
formality; it is a safeguard of justice. The summons serves as a vital instrument through which
the court asserts its authority and ensures that the defendant’s right to fair hearing is protected.

A valid summons must be clear, specific, and duly served in accordance with law. Failure to
comply with these procedural safeguards can render the entire trial void ab initio.

Thus, proper issue and service of summons are foundational to the administration of civil
justice, embodying both the principles of natural justice and procedural due process.

Q. What is ‘Set-off’? Explain the difference

between ‘Legal Set-off’ and ‘Equitable Set-
off’.

1. Introduction
In civil litigation, both parties—the plaintiff and the defendant—may have monetary claims
against each other. To avoid multiple suits and ensure quick justice, the Code of Civil Procedure,
1908 (CPC) allows a defendant to claim credit or deduction for the amount owed to him by the
plaintiff under the concept of set-off.
The doctrine of set-off is a procedural mechanism that helps achieve equity, convenience, and
avoidance of multiplicity of suits. It ensures that only the balance due is paid after adjusting
mutual debts.

2. Meaning and Definition

 Meaning:
The term set-off means a reciprocal discharge of debts between two parties, where each
party is both a debtor and a creditor of the other. The smaller debt is deducted from the
larger one, and only the balance is recoverable.
 Definition (Order VIII, Rule 6, CPC):
“Where in a suit for recovery of money the defendant claims to set-off any ascertained
sum of money legally recoverable from the plaintiff, not exceeding the pecuniary
jurisdiction of the Court, and both parties fill the same character as they fill in the
plaintiff’s suit, the defendant may claim set-off against the plaintiff.”
In simple words, set-off means the defendant can adjust his claim against the plaintiff’s claim in
the same proceeding.

3. Object / Purpose
The main objectives of allowing set-off under CPC are:

1. To avoid multiplicity of proceedings.

2. To ensure expeditious disposal of cross-claims.
3. To allow mutual adjustment of debts in a single suit.
4. To minimize costs and prevent unnecessary litigation.
5. To deliver complete justice between the parties in one proceeding.

4. Relevant Provisions
Provision Content

Order VIII Rule 6 CPC Provides for legal set-off in suits for money recovery.

Order VIII Rule 6-A Deal with counter-claims, which are broader than
to 6-G CPC set-off.

Not expressly provided in CPC, but recognized

Equitable Set-off
through judicial interpretation.

5. Essentials of Legal Set-off

According to Order VIII Rule 6, the following conditions must be satisfied:

1. Suit must be for recovery of money – Set-off can be claimed only

in suits for money recovery.
2. Ascertained sum of money – The amount claimed by the defendant
must be a definite, fixed, and legally recoverable sum.
3. Legally recoverable debt – The claim must be enforceable by law.
4. Same character of parties – Both parties must occupy the same
capacity in both the original and cross-claims (e.g., personal capacity,
not as trustee).
5. Within pecuniary jurisdiction – The amount claimed by way of set-
off must not exceed the pecuniary limits of the Court’s jurisdiction.
 6. Claim must be existing at the time of filing the suit – The debt
must be due and subsisting when the suit is instituted.

6. Procedure of Claiming Set-off

1. The defendant must claim set-off in the written statement.
2. The set-off is treated as a cross-claim, and both claims are disposed
of together.
3. The Court passes a single decree showing the net balance payable by
either party.
4. The defendant becomes a plaintiff in respect of the set-off claim, and
the plaintiff becomes a defendant in respect of it.

7. Judicial Interpretation / Important Case Laws

Case Principle Laid Down

Union of India v. Karam

Defined set-off as reciprocal discharge of
Chand Thapar & Bros.
debts between two parties.
(1969)

Jugal Kishore v. Chedi (AIR Clarified the essential conditions of legal

1967 SC 1494) set-off under Order VIII Rule 6.

M. Shanmugham Pillai v.
Recognized equitable set-off even though
Annalakshmi Ammal (AIR
not expressly provided in CPC.
1950 Mad 244)

Stated that equitable set-off depends on the

Bhagwat Singh v. State of
existence of a close and inseparable
Rajasthan (1964)
connection between the claims.

8. Equitable Set-off
Meaning:
Equitable set-off is based on principles of equity and natural justice. It applies when there is a
close connection between the plaintiff’s and defendant’s claims, even though the amount is not
ascertained or legally recoverable as a debt under Order VIII Rule 6.

Key Features:
 1. Not expressly provided in CPC; recognized through judicial decisions.
2. Arises from equitable considerations—fairness, justice, and good
conscience.
3. Amount need not be an ascertained sum.
4. Can be allowed where both claims arise out of the same transaction or
are closely connected.
5. Depends on the discretion of the court.

Example:
If A sues B for the price of defective goods sold, B may claim equitable set-off for damages
caused by those defects, even if the exact amount of damage is unascertained.

9. Difference between Legal and Equitable Set-off

Basis Legal Set-off Equitable Set-off

Statutory (Order VIII Rule 6 Based on equity and

Source
CPC) judicial interpretation

May be unascertained or
Nature of claim Ascertained sum of money
contingent

Requirement
of same Must exist Not necessary
character

Connection Must arise from same or

between Not essential closely connected
claims transaction

Court’s
Mandatory if conditions fulfilled Discretionary
discretion

Defendant owes ₹10,000 to A sues B for price of

plaintiff, plaintiff owes ₹8,000 defective goods; B claims
Example
to defendant — legal set-off for damages — equitable set-
₹8,000 off

Express
Yes No (based on fairness)
provision
10. Illustrations
1. Legal Set-off:
A sues B for ₹5,000. B proves A owes him ₹2,000 in a separate dealing. B claims legal
set-off of ₹2,000. Court decrees ₹3,000 in A’s favor.
2. Equitable Set-off:
A sues B for rent. B claims that A failed to make repairs as per lease agreement, causing
damages. B claims equitable set-off even though the amount is not fixed.

11. Conclusion
The doctrine of set-off under CPC ensures that justice is done without multiplicity of
proceedings.
While legal set-off provides a statutory right to defendants in money suits for definite sums,
equitable set-off extends the principle based on fairness where cross-claims arise from the same
or connected transactions.
Together, they reflect the CPC’s objective of achieving complete and speedy justice, enabling
the court to settle all matters between the same parties in a single proceeding.

Q. What do you understand by Written

Statement? Distinguish between Counter-
Claim and Set-Off.

1. Introduction
In civil litigation, after the plaintiff files a plaint setting out his case, the defendant must present
his defence. This defence is contained in a Written Statement, which is the foundation of the
defendant’s case. The Code of Civil Procedure, 1908 (CPC), through Order VIII, lays down
detailed rules regarding filing, contents, and effects of written statements.

The written statement plays a crucial role in defining the issues in dispute and enabling the court
to decide the matter fairly. It ensures the principle of audi alteram partem (hear the other side)
and promotes transparency and procedural fairness.
2. Meaning and Definition of Written Statement
 Meaning:
A written statement is the pleading filed by the defendant in answer to the plaint,
containing the facts of defence, denials, admissions, set-offs, or counter-claims.
 Definition (Order VIII Rule 1 CPC):
It provides that the defendant shall, within 30 days from the date of service of summons
on him, present a written statement of his defence. The court may extend this period up to
90 days for sufficient cause.
 Objective:
To inform the court and the plaintiff about the precise nature of the defendant’s defence
so that no surprise or prejudice occurs during the trial.

3. Object and Importance of Written Statement

The object of a written statement is:

1. To deny specifically the allegations made by the plaintiff.

2. To state new facts in support of the defence.
3. To raise all legal objections available to the defendant.
4. To help the court in framing issues.
5. To ensure fair trial and procedural justice.

Without a proper written statement, the defendant is deemed to have admitted the plaintiff’s
allegations (Order VIII Rule 5 CPC).

4. Rules Regarding Written Statement (Order VIII CPC)

Rule Provision / Description

Defendant to present written statement within 30 days

Rule 1
(extendable up to 90 days).

Rule 2 New facts constituting defence must be specifically pleaded.

Rule 3 Denial must be specific; general denial is not sufficient.

Rule 4 Evasive denial is not permitted.

Rule 5 Facts not denied are deemed admitted.

Rule 6 Set-off may be claimed in written statement.

 Rule Provision / Description

Rule 6A–
Counter-claim by defendant is permissible.
6G

Rule 9 No pleading after written statement except by leave of court.

5. Essential Features of a Valid Written Statement

1. Specific Denial:
Each allegation of fact must be specifically denied; otherwise, it is deemed admitted.
2. Alternative Pleas Permitted:
Defendant may raise alternative or inconsistent defences, provided they are bona fide and
not mutually destructive.
3. Admission and Confession:
The defendant may admit part of the plaintiff’s claim to narrow down controversy.
4. Set-off or Counter-Claim:
The defendant may include these in his written statement to balance mutual claims.
5. Verification:
Must be verified and signed by the defendant as required under Order VI Rule 15 CPC.
6. Filing within Limitation:
Normally within 30 days, extendable to 90 days for valid reason.

6. Amendment of Written Statement

Under Order VI Rule 17 CPC, the defendant may seek leave of the court to amend his written
statement at any stage of proceedings, provided:

 It is necessary for determining the real controversy, and

 Does not cause injustice or prejudice to the opposite party.

The courts generally take a liberal approach toward amendments in written statements compared
to plaints, as denial or defence must be fully represented.

Case Law:
👉 Baldev Singh v. Manohar Singh (2006) 6 SCC 498 —
The Supreme Court held that amendments to written statements should be allowed liberally as
defendants have the right to take alternative or inconsistent pleas.
7. Counter-Claim and Set-Off: Concept and Relevance
Both Counter-Claim and Set-Off are procedural devices available to the defendant to raise a
claim against the plaintiff within the same proceeding, thereby avoiding multiple suits.

They are generally included in the written statement, but they differ in scope, nature, and legal
basis.

8. Counter-Claim (Order VIII Rules 6A–6G CPC)

Meaning:

A counter-claim is an independent claim made by the defendant against the plaintiff in the same
suit. It allows the defendant to enforce his own cause of action against the plaintiff as if he were
a plaintiff.

Key Features:

1. It is like a cross-suit filed by the defendant.

2. It may be for any cause of action accruing to the defendant against the
plaintiff either before or after the filing of the suit, but before the
defendant has delivered his defence.
3. It can be for money, damages, possession, or any other relief.
4. The plaintiff must file a reply to the counter-claim.
5. Both the suit and counter-claim are disposed of by a common
judgment.

Case Law:
👉 Laxmidas v. Nanabhai (AIR 1964 SC 11) – The Supreme Court held that counter-claim is
treated as a cross-suit and enables the court to pronounce a final judgment in both claims.

9. Set-Off (Order VIII Rule 6 CPC)

Meaning:

Set-off means the reciprocal discharge of debts. It applies only when both parties owe
ascertained and legally recoverable sums of money to each other.
Key Conditions:

1. Suit must be for money recovery.

2. The defendant’s claim must be ascertained and legally
recoverable.
3. The parties must be in the same capacity.
4. The amount claimed by set-off must be within the pecuniary
jurisdiction of the court.
5. It must be existing at the date of suit.

10. Distinction between Counter-Claim and Set-Off

Basis Counter-Claim Set-Off

Independent claim or cross-suit Adjustment of mutual

Nature
by defendant debts

Very wide – can include money, Limited to ascertained

Scope
damages, property, etc. money claims only

Cause of action may arise before

Must exist at the time of
Time of Accrual or after filing of suit (before
filing of suit
defence submission)

Not limited to the court’s Must fall within pecuniary

Pecuniary Limit
pecuniary jurisdiction jurisdiction

Legal Provision Order VIII Rules 6A–6G Order VIII Rule 6

Separate decree can be passed Only balance amount

Result
in favor of defendant decreed

Connection to Must be mutual and

May or may not be related
Plaintiff’s Claim closely connected

A sues B for breach of contract; A sues B for ₹10,000; B

Example B counter-claims for damages claims ₹4,000 owed by A
caused by A — set-off
11. Judicial Interpretation
Case Law Principle Laid Down

Laxmidas v. Nanabhai (AIR 1964

Counter-claim is treated as a cross-suit.
SC 11)

Counter-claim must be connected to

Rohit Singh v. State of Bihar
plaintiff’s claim and filed before defence is
(2006)
delivered.

Jugal Kishore v. Chedi (AIR 1967

Explained essentials of legal set-off.
SC 1494)

M. Shanmugham Pillai v.
Recognized equitable set-off based on
Annalakshmi Ammal (AIR 1950
fairness.
Mad 244)

12. Conclusion
The written statement is a vital procedural document through which the defendant presents his
defence and may raise claims such as set-off or counter-claim.
While set-off deals with adjustment of mutual debts in money suits, counter-claim represents a
broader right to enforce an independent cause of action within the same suit.

Together, these provisions uphold the CPC’s objective of ensuring comprehensive

adjudication, economy of litigation, and finality of disputes in a single proceeding.