CODE OF

CIVIL
PROCEDURE
As Per Syllabus of Facult of Law, University of Delhi
(Also useful for Judicial Service Exam)

Case Laws with Relevant Theory

(Including PYQ for Semester Exam with Answer)

For students of
Campus Law Centre, Law Centre-I
Law Centre – II, Delhi University

AASIM YEZDANI
Exam Pressure
Alcases are explained on YouTube
8709796188

ARORA GRAPHICS PUBLICATION

 DETAILED CONTENTS

1, Definitions 1-5
Decree 1
a) Essential Requirements of a Decree 1
b) Types of Decrees 1
c) Preliminary Decree 1

d) Final Decree 1

Order
2
a) Common Points betweenOrder and Decree
2
b) Difference between Decree and Order
2
Judgement
3
Legal Representative
3
a) Examples of Legal representative
3
b) Decree against wrong Legal Representative
Mesne profits
4
a) Against whom mesne profits can be passed
5
b) Object of Mesne Profit
5
c) Deduction on mesne Profits
5

2. Jurisdiction of Courts, Principle of Res subjudice

Res judicata
and
6-18
Section9:Courts to try all civil suits unless barred
6
Section 10: Principle of Res Sub Judice
7
a) Essential Conditions for Section
10 7
Section 11 :Principle of Res
Judicata
a) Essential Conditions for Section 11
(Principle of Res
Judicata)
8
Constructive res judicata
8
Order 2, Rule 2: Suit to include
the whole claim
Introduction to Commercial
Courts Act, 2015 10
Essential features of Commercial
Courts Act, 2015 10
Case Laws (Allcases are
explained on YouTube)
1. Gundaji Satwaji Shinde v, Ram
AIR 1979
Chandra Bhikaji Joshi,
SC 653 11

iv
 2. IndianBank v. MaharashtraState Cooperative Marketing
Federation Ltd, AIR 1998 SC 1952
3
.
Iftikhar Ahmed Syed Meharban Ai, AIR 1974 SC 749
12
14
U.P. v. Nawab Hussain, AIR 1977 SC 1680 15
4. State of
CA. Balakrishnan v. Commissioner Corporation of
5.
Madras, AIR 2003 Mad, 170 17

Place of Suing 19-22

3.
Kinds of Jurisdiction of Courts 19
Place of Suing : Pecuniary Jurisdiction (Section 15) 19
Place of Suing: Territorial Jurisdiction (Sections 16 to 20) 20
a) Suit for Immovable Property Section (16-18)
:
20
b) Suit for Movable Property: Section 19 i.e. Suits for
compensation for wrongs to person or movables 20
c) Place of Suing for Other Suits:Section 20 21
Jurisdictional Objections and Bar on suit to set aside
decree on objection as to place of suing
21
21
a) Essentials for Section 21 application
22
b) Explanation of Section 21A

21 Rules 46-A to 46-1 ) 23-24

4. Garnishee Order ( 0.
23
Garnishee Order
24
Ways of Stoppinga Garnishee Order
25-26
5. Suits by or Against Government 25
Suits by or Against Government
(Sections 79, 80)
25
Civil Procedure
a) Section 79 of Code of 25
b) Section 80 of Code of Civil
Procedure
27-36
6. Appeals 27
Appeals from Orders and Decrees 28
Second Appeal: Section 100 of CPC, 1908
: Appellate jurisdiction of Supreme
Article 133 of Constitution 29
Courts in regard to civil matters
in appeals from High 30
out
Substantial Question of Law 30
TOwer of Appellate Cour:Section
107 of CPC,1908
V
 Power to Take Additional Evidence: Section
with Order 41, Rule 27 (Production of 107(1)(d) read
additional evidence in
Appellate Court) 31
Case Laws (All cases are explained on YouTube)
6 Chunilal Mehta v. Century Spinning
V.

and
Manufacturing Co. Ltd., AIR 1962 SC1314 32
7. Koppi Setty v. Ratnam v. Pamarti Venka
2009 RLR 27
(NSC) 33
8. Gill& Co. v. Bimla Kumnari,
1986 RLR 370 35
7. Reference 37-41
Reference (Section 113, CPC, 1908) 37
a) Purpose of Reference 37
b) Essential Conditions for Reference 37
Review (Section 114, Order 47, CPC, 1908) 38
a) Who may apply for Review under Section 114, CPOc 38
b) Order 47, Rule 1 outlines the conditions for a review of
judgment 38
Revision (Section 115, CPC, 1908) 39
a) Reasons for the Revision 39
Case Laws (All cases are explained on YouTube)
9 Haridas Das v. Smt. Usha Rani Banik, 2006 (3) SCALE 287 40

8. Inherent Powers of Court (Section 151) 42-44

Meaning of Inherent Power 42
Object of Inherent Power 42
Nature of Inherent Power 42
Scope of Inherent Power 43
Case Laws (Allcases are explained on YouTube)
10. Mahant Ram Dass v. Mahant Ganga Dass, AIR 1961 S.C.
882 43

9. Parties to Suits 45-46

Meaning of Joinder, Misjoinder and Non Joinder of Parties 45
Joinder of Parties 45
Misjoinder and Non Joinder of Parties 46
Diference between Misjoinder and Non Joinder of Parties 46

vi
 10. Amendment of Pleadings
Amendment of Pleadings (Order 6, Rule 17 of CPC, 1908)
47-53
Pleadings
of 47
Importance of Amendment
47
Essential Conditions for Granting Amendment of Pleadings
48
Refusal to amend pleadings OCcurs under specific
circumstances 48
Cacelaws (Allcases are explained
on YouTube)
v. National
Jai Jai Ram Manohar Lal
11. Building Material
Supply Co., AIR 1969 S.C, 1267
48
12 M/s Ganesh irading GO. V. Moji Ram, AIR1978 SC 484
50
1.3. Dalip Kaur v. Major Singh, AIR 1996 P &H 107
51
14 B.K. Narayana Pillai v. Parameswaran Pillai, (2000) 1
SCC 712 52

11. Rejection of Plaint 54-56

Reiection of Plaint (Order 7, Rule 11 of CPC, 1908) 54
Case Laws
15. Saleem Bhaiv. State of Maharashtra, AIR 2003 SC759 55

12. Appearance of Parties and Consequences of Non

appearance 57-62
Non
Appearance of Parties and Consequences of
appearance (Order 9, Rules 6, 7 and 13) 57
Order 9, Rule 6 57
Order 9, Rule 7 57

Order 9, Rule 13 58
Case Laws (All cases are explained on YouTube)
16. Sangram Singh v. Election Tribunal, AlR 1955 SC 425 58
17. Aajni Kumar v. Suresh Kumar Malhotra, 2003 (3)
60
SCALE 434
61
18. Bhanu Kumar Jain v, ArchanaKumar, AIR2005 SC 626

13. Summary 63-68

Procedure 63
Summary Procedure (Order 37, Rule
1 to 4)
63
Object behind Summary Procedure

vii
 (All cases are explained on YouTube)
Case Laws
v. Bhai Mool Singh, AIR 1958S.C. 32
19. Santosh Kumar v. Basic
65
20. M/s Mechalec Engineers and Manufacturers
EquipmentCorporation, AlR 1977 SC 577 66
AIR 2000 SC 2548
21. ONGC Ltd. v. State Bank of India, 68

14. Temporary Injunctions and Interlocutory Orders 69-75

69
Injunction and Types of Injunction
69
Permanent Injunction
69
Temporary Injunction
70
Preventive Injunction
70
Mandatory Injunction
1908)
Temporary Injunction (Order 39 of CPC,
70
Injunction
Fundamental guidelines for granting Temporary
70
71
Interlocutory Orders
on YouTube)
Case Laws (All cases are explained 72
AIR 1962 SC 527
22. Monohar Lal v. Seth Hira Lal
AIR 1993 SC 276 73
23. Dalpat Kaurv. Prahlad Singh,
76-80
15. Miscellaneous 76
Alternative Dispute Resolution
76
a) Arbitration
76
b) Conciliation
76
c) Mediation
77
d) Lok Adalat
77
Precepts
78
Interpleader Suits
78
Indigent Suits
79
Caveat
79
a) Objective of Caveat
b) Section 148Aof CPC, 1908 Right to Lodge a Caveat
: 79
c) Effect of Caveat 80
d) Rights and Duties related with Caveat 80

16. Civil Procedure & Limitation: DUSemester Exam PYa 81-84

with Solution
viii
 REFERENCES

Legislation:
Procedure, 1908
1.
Code of Civil

Other Sources Limitation: Faculty

of
&

Materials on
Civil Procedure
Cases and
1
University of Delhi, Delhi.
Law, Delhi University.
Question Papers Referred- Channel
Exam
Pressure:YouTube
3.

ix
 TOPIC 1
DEFINITIONS
Decree
OReserved with Aasim Yezdani
of Code of
According to SeCtion 2(2)
means the formal
Procedure, "decree"
Civil
of an adjudication which, so far
expression
regards the Court expressing it, Decree
as rights of the
conclusively determines the
all or any of the
parties with regard to
mav be
matters in controversy in the suit and
either preliminary
or final.
a
Essential Requirements of Decree
express it in writing.
1) The court must make a formal adjudication and

in the context of a legal suit.

2) This adjudication should be given

adjudication must settle the rights of the parties involved in all

3) The
or part of the disputed matters.
final and conclusive.
4) The determination made by the court must be
Types of Decrees
a
: A preliminary decree is issued by Court,It
) Preliminary Decree
Wnen additional steps are required
before concluding a lawsuit.
the dispute between parties but does not
Seies certain aspects an of
Dring final resolution, It is intermediate step towards the ultimate
determination of rights through a final decree.
ultimate decision in a legal
case
final decree is the
nal Decree:A between the parties, leaving no further
al resolves all issues
decisions to be made.
 Order
CReserved with Aasim Yezdaní
According to Section 2(14) of Code of Civil Procedure, "order
means the formal expression of any decision of a Civil Court yticb
not a decree. In sirnple way we can say that an order is adjudication c.
a
court which is not a decree.
Common Points between Order and Decree
1) Both are adjudication of a Court.

2) Both involve a formal expression of a decision.

3) Both pertain to determination of matters in controversy.
4) Both are decisions given by a Court.
Difference between Decree and Order
Criteria Decree Order
Legislative reference Section 2 (2) Section 2 (14)
Suit Origin Can onty be passed in Can be passed ina
a suit originated by suit originated by the
the presentation of a presentation of a
plaint. plaint, application, or
petition.
Determination of Contains conclusive May or may not
Right determination of a finaly determine a
right. right.
a
Nunber in suit In general, there can There can be any
only be one decree or number of orders in
at the most one a suit.
preliminary and one
final decree in a suit.
Preliminary StatuS It may be preliminary Cannot be
and final decree in a preliminary order.
suit.
Second Appeal A
second appeal may There is no second
lie against a decree to appeal for orders.
High Courton certain
grounds.

2
 A
decree conclusive determination of ights, typically in ivil or
is a

family matters, originating from a suit with the presentation of a plaint. It

nav be final or preliminary. Orders, on the other hand, can be issued in
warious legal proceedings, are not always conclusive, and may arise
a
from suits, applications, or petitions, with no limit on their number in
eut Unlikedecrees, there is generally no second appeal for orders.

Judgement
OReserved with Aasim Yezdani
According to Section 2(9) of Code of Civil Procedure, "judgment"
means the statement given by the Judge on the grounds of a decree or
a
order. And the "Judge" means the presiding officer of Civil Court. Ina
judgement it is mandatory for judge to provide the ground for passing
either decree or order.

Legal Representative
OReserved with Aasim Yezdani
According to Section 2(11) of Code of Civil
Procedure "legal
a
in law represents the estate of
representative" means a perSon whoperson
person, and includes any who intermeddles with the
deceased a party sues or is sued in a
estate of the deceased and where
the person on whom the estate devolves on
representative character way ,
Legal
or In simple
the death of the party so suing
Sued.
representative...
1) Represents deceased person's estate.
estate.
2) Includes those handling the deceased's

O) Appies when a party

sues or is sued in a representative capacity.
or
on the person on the death of the party suing sued.
T) Deolves

Examples of Legal representative

separate debt, a Hindu son is the legal
) n respect of his
representative of his father.

3
2) Property obtained through survivorship by a coparcener.
Decree against wrong Legal Representative
A true legal representative will be bound by a decree passed againot
the wronglegal representative if the specified conditions are met.
1) The plaintiff holding the decree acted in
good faith.
2) The obtained decree is genuine, without fraud or collusion.
3) The decree was issued against the person representing the
deceased's estate.
4) The true titleholder didn't intervene during the lawsuit.

Mesne profits
OReserved with Aasim Yezdani
According to Section 2(12) of Code of Civil Procedure "mesne
profits" of property means those profits which the person in wrongful
possession of such property actually received or might with ordinary
diligence have received therefrom, together with interest on such
profits, but shall not include profits due to improvements made by the
person in wrongful possession. In simple way main ingredients of
Mesne Profits are
1) Wrongful Possession: Mesne profits apply when a person is in
wrongful possession of a property.
2) Actual or Potential Receipt: Refers to profits that the person in
wrongful possession actually received or could have received with
ordinary diligence.
3)
Exclusion of Improvement Profits: Mesne profits do not include
profits due to improvements mnade by tne person in wronaful
possession.
4) Interest on Profits: Mesne Protits includes interest on thoes
received by the person in wrongful possession.
For Example : Aasim owns house and his sister Rozy wrongfully
a

and starts collecting

claims the possession the said house
of
rents, This

4
 as Mesne Profits. After some time, Rozy builds more
be considered
will
rooms and rent them out to be converted into guest house. The profits
a

that willarise from this improvement are not Mesne Profits.

Against whom mesne profits can be passed
1) Mesne profits can be passed against both malicious and well

intentioned trespassers who wrongfully occupy property.

A The can be passed against individuals when a court
issues a
decree for possession of real estate.
3) Mesne profits are applicable o mortgagors in possession if a
foreclosure decree has been granted.
4) Tenants can be liable for mesne profits in cases where there's a
lawsuit to recover possession of the property.

Object of Mesne Profit

Mesne profits compensate rightful property owners who were
unfairly denied possession, addressing the loss caused by being kept
away from their property. Only those entitled to actual possession can
claim mesne profits.

Deduction on mesne Profits

Deductions from mesne profits include collecting rent charges,
cultivation costs, and public charges for property preservation. The
limitation periodfor claiming mesne profits is typically three years, or as
the court deems reasonable.

5
 Topic 2
Jurisdiction of Courts, Principle of Res
subjudice and Res judicata

Section 9:Courts to try all civilsuits unless barred

OReserved with Aasim Yezdani
Case Involved
Gundaji Satwaji Shinde v. Ram Chandra Bhikaji Joshi, AIR 1979 SC
653
Section 9 of CPC
COURTS TO TRY ALL CIVIL SUITS UNLESS BARPED
says: "The Court shall
(subject to the provisions
herein contained) have
jurisdiction to try all suits CVL OURT,BOKARS

of a civil nature eXcepting

suits of which their
cognizance is either
expressly or impliedly
barred,"
"Suits of a Civil nature" means those involving civil rights, distinct from
criminal or public law. The term is broad, encompassing private rights
and remedies, as observed in court cases.
highlights that Civl
The expression "expressly or impliedly barred" or implicitly
Courts inherently handle civil disputes unless expressly
to bring a civil suit unless
excluded by law. Individuals have the right a
statute. The court's jurisdiction is excluded if there is
barred by a civil
or implicit inference. To determine whether
Specific provision
jurisdiction is excluded, Supreme Court outlined a two-foldtest.
COurt's
legislative intent to exclude
1) Firstly, it examines whether the means
necessary implication. This
jurisdiction is explicit or arises by law or strongly
stated in the
that the exclusion should be clearly
implied from its provisions.

6
 Caondv. the Court Considers whether the statute under scrutiny
nrovides an adequate and satistactory alternative remedv for a
narty aggrieved by an order made under it. other words, if the law
In
affors an alternative mechanism for addressing
grievances that is
offective and sufficient, It may justify the exclusion of civil court
jurisdiction.

Section 10 : Principle of Res Sub Judice

OReserved with Aasim Yezdani
Case Involved
Indian Bank v.
Maharashtra State Cooperative Marketing Federation
Ltd, AIR 1998 SC 1952

Section 10 deals with

Res Subject Matter
the principle of Res sub
judice, which essentially Sub Judice Under Consideration
means that if there is an
Meaning Matter Pending Before Court
ongoing legal case
involving the same subject matter and same parties is pending in one
Court, another Court is barred from entertaining a new case on the
same subject matter with same party until the first case is resolved.
In simpler way,a dispute is already being pending before one
if

COurt, you cannot file a new case on the same subject matter and
with

the same parties in another court until the initial

case is concluded. This
helps to avoid conflicting decisions and ensures
a more orderly legal
process.
Essential Conditions for Section 10
Tnere must be two Suits, one filed earlier and
the other filed later.
}
<) Both suits must involve the same subject matter.
) The parties in both suits must be the same.
4) The earlier suit must be pending in
a) the same cOurt or
D) any other court in India or

7
 Court.
c)before Suprenme
to arant
court where the first suit is filed must have the authority
5) The
suit.
the relief sought in the later

Section 11: Principle of Res Judicata

OReserved with Aasim Yezdani
Case Involved
Ali, AIR 1974 SC 749
Iftikhar Ahmed v. Syed Meharban
AIR1977 SC 1680
State of U.P. Nawab Hussain,
v.

Section 11 of the Code of Meaning

Term
Civil Procedure, 1908
res Res Subject matter or dispute
introduces the concept of
Adjudged, decided, or
judicata, which essentially Judicata adjudicated
means that once a cOurt has or
on certain "The thing has been judged"
made a decision Res judicata "a dispute decided"
fact, law, or both, in a
points of
lawsuit involving same parties, 1. No man should be
disturbed
re Principles twice for the same cause
those points can not be
examined in any subsequent 2. It is in the interest of the
the
legal proceedings between if State toend litigation
same parties. In other words, 3. A judicial decision
must be
a
a matter
has been decided by accepted as correct
up
court, it can not be brought in any Court of
Law.
between the same parties
again in future lawsuits public interest by
res judicata serves the broader
The principle of ultimately reach a conclusion. It
should
emphasizing that legal disputes sooner or later, must come t0 an
litigations,
promotes the idea that all translates to "a thing which has
judicata" itself decided a
end. The term "res a court has already
This means that
if same
been decided." attempt to retry the
particular issue or case,
no other court should
matter.
of Res
Judicata)
Section 11 (Principle
Essential Conditions for
suits.
matter must be directly in issue in both
1) The
parties involved must be the same.
2) The
3) Litigation must occur under the same title.
4) The court must be competentto handle the subsequent suit.
E The court should have heard and decisively settled the matter in the
first suit.
Constructive res judicata
Constructive res judicata reiers to the legal principle that reguires a
party filing a lawsuit to present all relevant facts and claim allentitler
reliefs in one go. If a party tais todo so, he shall be barred from raising
hose issues again in the tuture. In simpler way, it means you can not
bold back relevant information r
claims in your initial lawsuit and then
bring them up later ifyou are not satisfied with the outcome. The idea is
to encourage completeness and finalityin legal proceedings.

Order 2, Rule 2 : Suit to include the whole claim

OReserved with Aasim Yezdani
Case Involved
C.A. Balakrishnan v. Commissioner Corporation of Madras, AIR 2003
Mad. 170

Order 2, Rule 2 emphasizes that when someone files a lawsuit (the

plaintiff), he should cover all aspects of his clain related to a specific
incident in one go. The plaintiff is in control of his case but needs to be
mindful of the consequences if the suit is not properly framed.

1) It encourages framing the suit comprehensively to avoid further

legal disputes on the same subject matter.
2) It addresses the issue of splitting claims, stating that a plaintiff
Should not repeatedly trouble the defendant with separate lawsuits
or
for the same cause of action. If plaintiff intentionally leaves out
a

gives up part of his claim, he can not later sue for that omitted
part.

) situations where a person can seek multiple reliets tor

t deals with
ne same incident: if he does not ask for all reliefs initially (without
GOut permission), he can not pursue the omitted
ones later:.
by
Simple way, these rules aim to streamline legal prOcesses
case and
Polioing a complete and upfront presentation of the

9
 discourage unnecessary multiple lawsuits for the same issue. The
concept relies on having one clear cause of action for the rules to apply.
If causes of action differ between
the initial and subsequent suits, the
restrictions do not apply.

Introduction to Commercial Courts Act, 2015

©Reserved with Aasim Yezdani
(Question Format :Short Notes)
This Act establishes commercial
courts, divisions, and appellate Commercial Court
divisions in High Courts to swiftly
handle commercial disputes, aiming
to reduce judicial delays. It was
enacted to support "Ease of Doing Business" and "Make in
India. it
focuses on quick contract enforcement, monetary
claims recovery, and
compensation for damages to boost investment
and economic activity.
Essential features of Commercial Courts Act, 2015
1) The Act introduces Commercial
Courts at the district level and a
Commercial Division in High Courts,
addressing disputes of a
specified value. Appeals go
up in all High Courts.
toCommercial Appellate Divisions set
2) was established exclusively
It
for commercial disputes, it covers
transactions involving merchants, bankers,
agreements for
goods/services, partnerships, shareholders,
joint ventures,
franchising, licensing, construction, insurance,
government-related
matters, and intellectual property
rights.
3) Commercial Court, Commercial Division or
Commercial Appellate
Division shall pronounce judgment within
90 days of conclusion of
arguments.
4) Allpending commercial disputes in civil courts are to be transferred
to Commercial Courts/Divisions for swift
resolution. Appeals against
decisions must be made to the Commercial Appellate DiviSIOn
within 60 days, aiming for disposal within
six months.

10
 Gundaji Satwaji Shinde v. Ram Chandra Bhikaii
Joshi, AIR 1979 SC 653
©Reserved with Aasim Yezdani
Thenry involved : Section 9 Courts to try all civil suits unless barred)
:

CPC1908
For Judiclal and
Semester Exam
Gundai Satwaj Shinde V. Ram Chandra Bikali Joshi EXam Pressurp
Section 9
Jurisdiction of Civi! Courts
or not
Whether Plaintif isan Agricutturaist

Aasim
LRERYezdani Scan thís QR Code for
explanation on YouTube

Fact
this case, the plaintiff initiated legal proceedings, seeking specific
In
performance of a contract for the sale of agricultural land. The
defendant argued that, due to the land falling under the Bombay
plaintiff not being
Tenancy and Agricultural Lands Act 1948 and the
an agriculturalist, they were not entitled to the specific performance of
the contract.
Issue
1) Is the plaintiff an agriculturalist?
or it
2) Does the civil court have jurisdiction to decide the issue, should
Act to the
refer the matter under section 85-A of the Tenancy
relevant authority (mamlatdar)?
3) Is the jurisdiction of the civil court barred?

Court Observation & Decision

Trial Court's Decision: Trial Court determined the
question of
jurisdiction regarding the plaintiff's agricultural
status. It concluded that
within its
as this issue was incidental to a suit for specific performance
Trial Court found
Jurisdiction, it could decide the subsidiary matter. The
the plaintiff not to be an agriculturalist.
with the Trial Court,
High Court's Decision: High Court concurred a
Stating that the Civil Court indeed has the authority to entertain

11
soecific performance suit and decide the agriculturalist status. agreed
It

with the Trial Court's finding that the plaintiff was not
an agriculturalist.
High
Supreme Court's Decision: Supreme Court disagreed with the
85A of
Court's decision, emphasizing that it overlooked Section
Supreme Court
Bombay Tenancy and Agricultural Lands Act 1948.
agricultural
held that this section obligates the civil court to refer SUch
under
status issues to the competent authority, namely the Mamlatdar
1948. Supreme
the Bombay Tenancy and Agricultural Lands Act
on ground of Section 9 of
Court overruled the High Court's decision,
under
Codeof Civil Procedure, emphasizing the mandatory referral
Section 85A.

Indian Bank v. Maharashtra State Cooperative

Marketing Federation Ltd, AIR1998 SC 1952
OReserved with Aasim Yezdani
Sub Judice)
(Theory Involved ::Section 10:Principle of Res

For Judicial and

CPO 1908 Semester Exam
Exam Pressure
Section 10
Doctrine cf Res Sub Judice

Aasim
Yezdani Scan this QR Code for
explanation on You Tube

Fact
this case, under Order 37 of CPC, 1908, the plaintiff/appellant
In against the Co
bank filed a summary suit in the Bombay High Court
the Court and
operative Federation. The Federation, appeared before
SOUght a stay on the summary suit. They contended
that they had
on the same subject
already initiated a recovery suit against the Bank
matter before the Summary suit was filed, and this suit
was pending
under
before the Court. So, Summary Suit should not be entertained
Section 10 of CPC, 1908.

12
 Contentionof appellant Bank
The appellant Bank argued that applying Section 10 to surmmary
Suits would frustrate the very purpOse of having a separate provision for
such suits.
Issue
Whether the prohibition in Section 10, preventing the trial of
subsequently instituted suits, applies to a "Summary Suit" initiated
?
under Order 37 of the Code
Court Observation & Decision
single Judge of High Court initially ruled that Section 10 the
A of
to regular suits
CPC, which deals with the concept of trial, only applies
As a result, further
and not to summary suits filed under Order 37.
notto be stayed.
proceedings under the Summary Suit need
with this
However, division bench of the High Court disagreed
sSummary suits
decision and held that Section 10 does indeed include
filed under Order 37 of the CPC.
purpose of both Section 10 and
Finally, Supreme Court considered the
a summary suit is not within the
Order 37 of CPC, and concluded that Judge,
scope of Section 10. Therefore, the initial decision of the single
Summary Suit were not
stating that further proceedings under the
Supreme Court.
required to be stayed, was affirmed by the
Note :
Summary suitS are...
upon bills of exchange, hundies and promissory notes.
1) Suits
only to recover a debt
or liquidated
2) Suits in which the plaintiff seeks or without
in in money payable by the defendant with
demand
interest.

13
 Iftikhar Ahmed v. Syed Meharban Ali.
AIR 1974SC 749
OReserved with Aasim Yezdani
Res Judicata)
(Theory Involved :Section 11 Principle of
:

For Judicial and

CPO 1908 Semester Exam
Exam Pressure
Htikhar Ahmad V. Syed Meharban Al
Section 11
Doctrine of Res Judicata
ESsentials of Res Judicats &Conservative Res Judieta

Aasim
TIEUYezdani Scan this QR Code for
explanation on YouTube

Fact
Ahmed, K. Fatima.,
Inthis case, a previous lawsuit involved Ishtag
property title with a mortgagee. The
and M. Ali as co-plaintiffs, disputing
court decided that only Ishtag Ahmed had title,
excluding the other two.
conclusively settling the
This decision was confirmed by the High Court,
title dispute. Later, a new conflict
arose between (lshtag Ahmed) and
to arbitration.
(K. Fatima & M. Ali) over the same property, leading

Case First Party Second Party Decision

Title of property in
|First Case Ishtag Ahmed, K. JMortgages
favour of Ishtaq
Fatima and M. Ali
Ahmed
Second K. Fatima and M.|Ishtag AhmedTitle ofthe same
Case Ali property was in issue,
Res Judicata Applied
sSue
Whether the earlier court decision on property title served as Hes
Judicata under Section 11 of CPC, in the current dispute or not ?
Supreme Court Observation & Decision
Supreme Court observed that, for the Principle of Res Judicata
apply, these conditions must be met...
1) The matter must be directly in issue in both suits.

14
 same.
2) The parties involved must be the
3) Litigation must occur under the same title.
A The court must be competent to handle the subsequent suit.
5) The court should have heard and decisively settled the matter in the
first suit.
Supreme Court confirmed that these conditions are satisfied in the
Dresent case, establishing that the prior court decision conclusively
resolved the matter, impacting the later dispute. So, Doctrine of Res
Judicata would apply.

State of U.P. v. Nawab Hussain, AIR1977 SC 1680

OReserved with Aasim Yezdani
(Theory Involved:Section 11 : Principle of Res Judicata)

For Judicial and

CPC1908
The State of U.P V. Nawab Hussain,
Semester Exam
1977Xam PresSre
Section11
Dactrine of Res Judicata
(Constnctive ResJudicata}

Aasim
Yezdani Scan this QR Code for
explanation on YouTube

Fact
Deputy
Inthis case, a Sub-Inspector, was dismissed by the
Inspector General (DIG) due to corruption charges. Even when the
filed a writ petition in
appeal against this decision failed, Sub-Inspector
dismissal
Allahabad High Court. In the petition, he argued that the
proper chance to
process was unfair and that he was not given a
dismissed his writ
defend against the charges. However, the High Court
petition as well.
of Civil Judge.
Sub-Inspector then filed a new lawsuit in the Court
DIG is not
This timne, he contested the dismissal order, asserting that
to Article 311(1) of the
Competent authority to dismiss him. According

15:
 Constitution, only Inspector General (1G) could make such disrrisnal in

the present case.

Contention of State of UP
State of UP contended that the lawsuit is not valid, citing " res
judicata" under Section 11 of CPC. They clairned that all the irnportart
matters are either already discussed or should have been brought up
during the earlier writ petition and appeal, making the ne lavIsut
unnecessary. Finally, matter carne before Supreme Court.

Issue
1) Whether constructive res judicata extends to Article 32 or 226
with respect to writ petitions?
2) Can a party in a subsequent suit invoke constructive res judicata
based on not raising a relevant matter in the earlier proceeding?
Supreme Court Observation & Decision
Supreme Court held that Sub-Inspector could have challenged his
dismissal in the previous suit on the ground that he had been
dismissed by an authority subordinate to that by whích he was
appointed, which víolates Article 311(1) of Indian Constitution. But
instead, Sub-Inspector focused on other points, such as not having a
fair chance to defend himself during the
departmental inquiry and
claiming that the dismissal was done with
bad intentions. Consequently.
Supreme Court concluded that, it is not
acceptable for the Sub
Inspector to later challenge the dismissal in a
different lawsuit.
Principle of Constructive Res
Judicata applied here even in wrt
petition.
 C.A. Balakrishnan v. Commissioner Corporation of
Madras, AIR 2003 Mad. 170
OReserved with Aasim Yezdani
:
(Theory Involved Order 2, Rule 2 Suit to include the whole claim)
:

CPO 1908o03Exan
CA
betddn CamedseCoMade,
V.
For Judicinl and
Somester Exam
Prossure
Gectlon 11
Doctrine of Res Judicate
(Constructive Res Judicata)
sso
Conetvrve Rey udicats pplles on Wat Peddon

Aasim
ULDIEWuYezdani Scan this OR Code for
explanation on You Tube

Fact
In this case, the petitioner's canteen was sealed by a Junior
Engineer. The petitioner initially fled a lawsuit in the city civil court
seeking a mandatory injunction and restoration of possession. Later,
when the High Court resumed after vacations, the petitioner filed a writ
petition and requested the court to issue a writ of mandamus, directing
the respondent (Junior Engineer) to return possession of the premises
to the petitioner. Additionally, the petitioner asked for further orders, for
awarding damages incurred due to the closure of the canteen.
Issue
Whether Order 2, Rule 2 of CPC applies to the Writ Petition under
Article 226 of the Constitution before the High Court or not ?
Court Observation & Decision
Court held that if someone files a lawsuit to address a particular
issue and is then prevented from filing a second lawsuit to address
different aspects of the same issue, he cannot use a writ petition to
achieve the same result.
a
In simpler way, if a person is not allowed to file second lawsuit due
to legal restrictions, the same restrictions would apply to file
a writ
2,
petition. This decision aligns with the public policy outlined in Order

17
Rule 2. of CPC and is considered a form of constructive res judicata
meaning that the matter is essentially settled by the first legal action

18
 Topic 3
Place of Suing
can be
Code of Civil Procedure outlines rules for where suíts
or for institutinga
instituted. Sections 15 to 20 specity the location forurn
Suíts. Sections 21 and 21-A cover objections to the court's
jurisdiction.

Kinds of Jurisdiction of Courts

1)
Territorial Jurisdiction: Courts can only hear cases withín their
territorial limits.
2) Subject Matter Jurisdictíon: Different courts handle different types
of cases, some are limited in the types they
can handle.
can
3) Origínal and Appellate Jurisdiction: Original means a court
start a case, while appellate means it can review decisions made by
other cOurts.
a
4) Pecuniary Jurísdiction: Courts can only handle cases within
certain financíal limit.
Place of Suing : Pecuniary Jurisdiction (Section 15)
OReserved with Aasim Yezdaní
(Ouestion Format :Short Notes)
Before initiating a suit, it is crucial to determine the appropriate
jurisdiction, and Sections 16 to 20 assist in this process. Once the
suitable location is identified, the next challenge is to decide the specific
cOurt where the suit should be instituted.
Section 15 plays a pivotal High Court of
role in this decision-making, Court Lowest Grade
focusing on the pecuniary
(financial) jurisdiction of the fLTIIIIIII
court. Section 15 explicitly
states, "Court in which suits
to be instituted: Every suit
shallbe instituted inthe court of the lowest grade competent to try
it" There are two essentíal criteria or ingredients outlined in Section
15:

19
 and
lowest-grade court in the hierarchy,
the
1) Court must be suit.
competent to try the specific
2) The court
must be
the distribution of cases
to balance
In
summary, Section 15 aims courts from being
overly
preventing higher-level
among COurts, to enhance Convenience for the
it aims to testify in the
burdened. Simultaneously, might be required
witnesses who
parties involved and
proceedings.

Jurisdiction
Place of Suing: Territorial
(Sections 16 to 20)
OReserved with Aasim Yezdani
(Question Format :Short Notes)
: (16-18)
Suit for Immovable Property Section
to immovable property, such
1) Section 16 specifies that suits related of rights, or
motgage issues, determination
as recovery, partition,
filed in the court where the
compensation for wrongs, should be
a allows filing in
property is situated. However, there is proviso that
is possible.
the defendant's jurisdiction if personal compliance
or compensation concerning
2) Section 17 allows filing a suit for relief any
immovable property in any court within the local limits where
can handle the
part of the property is located, as long as that court
entire claim's value.
Section 18 addresses uncertainty about ijurisdiction. it's unclear
If
3)
which of two or more courts has jurisdiction over the property, any
of them can hear the case after acknowledging the uncertainty.

Suit for Movable Property : Section 19 i.e. Suits for compensation

for wrongs to personor movables.
Section 19 allows a person to institute a suit for compensation for
wrong done to the person or to movable property, where the incident
OCCurred or where the defendant resides, works, or carries on business.
For instance,

20
 injures B in Calcutta and resides in Delhi, B can sue A in
A

1) If A
either Calcutta
or Delhi.
a Similarly, if defames B in Calcutta and A resides in Delhi Bhee
A

.he choice to file the lawsuit in either Calcutta or Delhi.

: 20
Placeof Suing for Other Suits Section
Section 20 covers cases not addressed by previous rules (from
Coction 16 to 19). The plaintiff can institute suits in a court of his choice
based on:
1) Where the cause of action arises.
Abere the defendant resides, carries on business, or works for
gain.
3) If there are multiple defendants, the suit can be filed where any of
them resides, carries on business, or works for gain. In such cases,
court permission or agreement from non-resident defendants is
required.

Jurisdictional Objections and Bar on suit to set

aside decree on objection as to place of suing
OReserved with Aasim Yezdani
(Question Format :Short Notes)
Section 21 of the Civil Procedure Code deals with objections to
territorial or pecuniary jurisdiction. It states that such objections must be
or
raised in the trial court at the earliest opportunity, and an appellate
revisional court will only consider them if there is resulting injustice. The
on
policy behind Sections 21 of CPCis to avoid reversing judgments
technical grounds unless there is a clear failure of justice. The
to
legislature aims to protect honest litigants from harassment due
jurisdictional issues.
Essentials for Section 21 application:
1) Objection raised in trial court promptly.

2) Raised at the earliest possible stage.

3) Resulted in a failure of justice.

21
 a
On the other hand, Section 21A prohibits challenging the validity of
at an
decree based on objections to the place of suing
appellate/revisional stage. This was inserted to prevent filing new suits
toset aside decrees on jurisdictional grounds.
Explanation of Section 21A
1) No suit challenging a decree based on objections to the place of
suing is allowed.
2) "Former suit" refers to a prior decision, regardless of when it was
initiated.
In summary, Sections and 21A aim to streamline the process.
21

emphasizing early objections and preventing challenges to jurisdiction

at later stages.

22
 Topic 4
Garnishee Order
(Order 21 Rules 46-A to 46-1)
Garnishee Order
OReserved with Aasim Yezdani
(Question Format : Short Notes)
Garnishee Order, governed by Rule 46 of Order 21 of the Code of
A

CivilProcedure, 1908, was introduced by the CPC Amendment Actof

1976. The term "Garnish" is derived from the French word 'aarir
meanina to warn or prepare. A Garnishee is a person indebted to the
judament debtor. Section 2(10) of CPC defines a judgment debtor as
one against whom a decree has been passed.
Garnishee Order : This court-issued order Rozy Shumayela Aasim
directs a
third party to pay a specified
amount directly to the creditor rather than
the debtor. The court may order the
garnishee to deposit the amount in court
instead of paying the debt to the judgment
debtor.
Rozy was directed to pay Rs.1000
Example : Suppose Rozy owes Rs. 1000 to Aasim
to Shumayela and Shumayela owes Rs.
pay
1000 to Aasim. By a garnishee order the court may direct Rozy to
owes
Rs. 1000 directly to Aasim, bypassing Shumayela, as Shumayela
the same amount to Aasim.
Notice to Garnishee: Rule 46A of Order 21 of CPC outlines
to notice,
provisions for notice to the garnishee. It allows the court issue
or appear to show
Compelling the garnishee to pay the debt into court
cause. The application for this notice must be supported by an affidavit
Confirming the garnishee's indebtedness.

NOtIce Against Garnishee : Rule 46B addresses situations where

the
court can order the
garnishee fails to comply with the notice. The
as a decree
garnishee to fulfill the notice's terms, treating the order
against them.

23
 Disputed Questions :
Rule 46C deals with disputedanliabiliat
Trial of it as iseu
court may order a trial to determine liability, treating
The
exceeds the court's pecuniary jurisdiction, it transtere
a
suit. the debt
If
Judge.
the case to the District :
Rule 46D deale
Belongs to Third Person
Procedure WVhere Debt may belong to a third person. The
court
with situations where the
debt can set
person to state his claim, and the garnishee
can order the third
claim against the judgment debtor.
off his : Rule 46F establishes
Valid Discharge
Payment by Garnishee to begarnishee, as per notices or orders, to
are
by the and others ordered
that payments made the judgment debtor
valid discharges against decree ororder is set aside.
appear, even if the underlying
a Garnishee Order
Ways of Stopping can prevent a garnishee order
The principal debtor
1) Pay Full Debt: within the specified
time.
full debt
by paying the Arrangements between the debtor and
Repayment: aCceptance is at the
2) Alternative a garnishee order, though
creditor can prevent
creditor's discretion. debtor can pay the
With court approval,
the
3) Pay by
Instalments: order.
instalments, avoiding a garnishee debts
debt in bankruptcy, provable unsecured
Bankruptcy: On declaring garnishee orders cease.
4) and related
become non-payable,

24
 Topic 5
Suits by or Against Government
(Sections 79, 80)
OReservedwith Aasim Yezdani
(Question Format :Short Notes)
Sections 79 and 80, of the Civil ProcedureCode, 1908, outlinethe
procedures for lawsuits involving the government or publíc officers
acting officially.
Section 79 of Code of Civil Procedure
1) Purpose: It deals with the procedure for suits brought by or against

the government.
2) Plaintiff/Defendant Authority: In suits against the Central
Government, it should be named as the Union of India. In suits
against a State Government, it should be named as the State.
3) Jurisdiction: Only courts within the local limits where the cause of
action arises have jurisdiction.
4) Cause of Action: This section does not provide a cause of action
but specifies the procedure when it arises.
Section 80 of Code of Civil Procedure
1) Purpose: t Suit Against Notice to be Served on
pertains to the Secretary to
notice Central Government Central Government
requirement Concerned General Manager
Railway
before filing a
Secretary to that State
suit against the Government or the District
State Government
government or a Magistrate
public servant. Public officer Upon such Public Officer

2) Notice Period:
No suit against the government
or public officer can be filed until
cause of
two months after delivering written notice, stating the
action, to the relevant authority.

25
 Relief: Urgent relief suits can be filed
Urgent
3) Exceptions for permission, relief is granted only after
but
court
without notice with a
government/public officer chance to present their case.
giving the
court ensures that urgent
relief is necessary
Court's Role: The
4)
if such urgency is not
established
and may return the plaint
#oe
Dismissal: A suit shall not be dismissed
5) Protection against cause of action ar
errors if the plaintiff's details and
notice
substantially indicated.
the government/public servant an
6) Objective: The notice gives
amendments if
opportunity to review their legal position and make
advised.
Important Points
1) Section 80 applies to various types of suits,
including injunctions,
declarations, and damages.
High Court or Supreme
2) It does not apply to writs filed before the
Court.
name, description, place of
3) The notice must include the person's
residence, cause of action, and relief claimed.
In simple way, Sections 79 and 80 of the CPC establish
the procedures
government or public
and notice requirements for lawsuits involving the
an opportunity for resolution before
officers, ensuring fairness and
Iitigation.

26
 Topic 6
Appeals
Appeals from Orders and Decrees
©Reserved with Aasim Yezdani
(Question Format:Short Notes)

judicial examination by a higher court of adecision of a

An appeal is
subordinate court to recity any possible errors in the order under
appeal. The law provides the remedy of an appeal because of the
recognition that even judges can make mistakes, and the law wants a
way to Correct them.
Section 96 of the Civil Procedure Code pertains to appeals from
original decrees i.e First Appeal and outlines the following points.
1) General Appeal : the absence of specific provisions to the
In
contrary, an appeal is allowed from every decree issued by a court
with jurisdiction.
2) Appeal against Ex Parte Decrees : An appeal may be filed even
in cases where the original decree was passed ex parte, meaning in
the absence of one of the parties involved.
:
3) Appeal against Consent Decrees No appeal is permitted if the
decree was passed by the court with the consent of all parties
involved.
4) Small Causes Courts : Appeals are limited to questions of law for
suits in small causes courts, provided the value is over Rs. 10,000.
to
In simple way,, Section 96 of the CPC establishes the general right ex
appeal from original decrees, specifies conditions for appeals in
parte situations and consent decrees, and imposes limitations on
or value of the
appeals for small causes courts based on the amount
subject matter.

27
 Appeal : Section 100 of CPC, 1908
Second Yezdani
OReserved with Aasim
Case lnvolved
v. Pamarti Venka 2009 RLR 27 (N
KoppiSetty Venkat Ratnam
100 of the Civil Procedure Code pertains to Second Anns.
Section
and outlines the following points.
1) Grounds for Second Appeal: An appeal to
the High Court i
allowed from any decree passed in appeal by a lower court if the
High Court believes the case involves substantial question of law
a

can be made under

2)Appeal against Ex parte Decree: An appeal
this section even if the appellate decree was passed
ex parte (in the
absence of one party).
3) Memorandumof Appeal: When filing an appeal under this section
the memorandum of appeal must precisely state the substantial
question of law involved.
a
4) Formulation of Question: If the High Court is convinced that
substantial question of law is indeed involved, it should formulate
that specific question.
on the
5) Hearing the Appeal: The appeal will be heard based
formulated question. The respondent (the opposing party) has the
opportunity to argue that the case does not actualy involve the
stated question. However, the court has the authority to hear the
appeal on any other substantial question of law, not
initially

formulated, if it deems the case involves such a question.

} Meaning of Substantial Question of Law in one line: Any issue
which effects merit of the case or decision of the court.

28
 Constitution : Ap
Article 133
of Appellate jurisdiction
Court in appeals from High Courts in
of Supreme
regard to civil matters
©Reserved with Aasim Yezdani
Case Involved
Chunilal V. Mehta v. Century Spinning and Manutacturing Co. Ltd
AIR 1962 SC1314

Appeal to Supreme Court from High Court in Civil Proceedings:

can be made to the Supreme Court from a judgment, decree,
An appeal
or final order in
a
civil proceeding of a High Court in India
if the High
Court certifies under Article 134A.
Certification Requirements
a) The case involves a substantial question of law of general
importance (Article 133(1)(a)).
b) In the opinion of the High Court, the said question needs to be
decided by the Supreme Court (Article 133(1)(b).
Article 134A of the Indian Constitution deals with the issuance of a
certificate for appeal to the Supreme Court. When a High Court passes
a judgment, decree, final order, or sentence under specific Articles, it
can, on its own or upon oral application by the aggrieved party,
determine whether a certificate for appeal to the Supreme Court should
be granted. This certification is based on criteria outlined in Article 132,
on the nature
Article 133, or sub-clause (c) of Article 134, depending
of the case.
Meaning of Substantial Question of Law in one line Any issue
:

which effects merit of the case or decision of the court.

29
 Substantial Question of Law
OReserved with Aasim Yezdani
Case Involved
Chunilal V. Mehta v. Century Spinning and Manufacturing Co. Ltd.
AIR1962 SC1314
Koppi Setty Venkat Ratnamv. Pamarti Venka 2009 RLR 27 (NSC)

Substantial Question of Law is not defined anywhere either in

Constitution or in any Parliamentary Act. However. Courts have
outlined tests to determine if a question is substantial, considering
factors like its impact on rights, public importance, unsettled nature, and
the need for discussion. If the law is clear or the issue is minor, it is not
substantial.
Recent cases emphasize that High Courts can only entertain second
appeals involving substantial questions of law, not mere facts. The court
may reject irrelevant questions that do not directly
impact the real
dispute.
In essence, for a question to be substantial.,
it must be pertinent.
a
unresolved, and have significant impact on the parties' rights,aligning
with legal principles and precedents.

Power of Appellate Court:Section 107 of

CPC,1908
OReserved with Aasim Yezdani
(Question Format : Short Notes)
The Appellate Court, under certain conditions and limitations,
has the
power
a) to determine a case finally;
b) to remand a case;
c) tofrarne issues and refer them for trial;
d) to take additional evidence or to require such evidence to be taken
(Section 107(1)(d).

30
 Appellate Court, under the stated conditions, is
this, the powers as original jurisdiction
Apart from with similar duties and
empowered particulary relevant to cases initiated in the
resemblance is
courts. This
cOurts.
lower

Additional Evidence: Section

Power to Take
with Order 41, Rule 27 (Production
of

107(1)(d) read
additional evidence in Appellate Court)
OReserved with Aasim Yezdani
Case Involved
RLR 370
Gill& Co. v. BimlaKumari, 1986
rule is that parties
involved in an appeal can not produce
general
of the Civil Procedure
A

Dew evidence. However, Order 41, Rule 27

provides exceptions to this rule under specific circumstances.
Code
rejected
1) Refusal by Trial Court
: If
the trial court mistakenly
the appellate court has
evidence that should have been accepted,
to allow the production of such evidence during the
the authority
appeal.
or Production : If a party can establish that,
2) Lack of Knowledge
reasonable efforts, certain evidence was not known
despite making
or could not be presented during the
original trial, the appellate
court may permit its production in the appeal.
court can
3) Requirement by Appellate Court : The appellate
disScretion to admit additional evidence if it deems it
exercise its for producing a
necessary for judgment. This could include the need
to ensure a comprehensive and
document or examining a witness
reasons.
just decision or for other substantial
not automatic; it is subject to the
of such evidence is
Ihe admission
court's requirement. The court may decide to allowadditional
appellate
doing so will contribute to a more satisfactory
evdence if it believes that
wel-informed judgment. This provision aims to address situations
atio
Wnere the existing evidence
may be insufficient for a fair resolution of
the case.

31
 Chunilal Mehta v. Century Spinning and
V

Manufacturing Co. Ltd., AIR 1962 SC1314

OReserved with Aasim Yezdani
:
(Theory Involved Article 133 of Constitution :Appellate jurisdiction of Suprerne
Court in appeals trom High Courts in regard to civil matters & Substantial
Question of Law)

CPC 1908
Conhal v MahtaV. Contury Bptraing ond
antetorng Ge. Ltd
For Judiclal and
Semoster Exam
Exam Pressure
Firat Appal (Section 98)
Second Appoal (Secton t00)

Substantial Question of Law

Aasim
Yezdani
Scan this QR Code for
explanation on YouTube
Fact
In this case, the appellants were removed as managing agents
before their contract expired, and they filed a lawsuit in the Bombay
High Court seeking Rs. 26 Lacs for damages. The High Court ruled in
favor of the respondent Company. So, appellants wanted to appeal
against this decision before Supreme Court.
For this, they need a "certificate of fitness" from the High Court, as
per Article 133(1)(a) of the Indian Constitution. This Article states that
an appeal can go to the Supreme Court from the judgement of a High in
a civil proceeding if the High Court certifies it under Article 134A that
the case involves a substantial question of law of general importance.
But High Court refused to provide "certificate of fitness". So, appellant
moved Supreme Court under Article 136 (SLP).
Issue
Whether High Court was right to refuse to provide Certificate of
fitness
Supreme Court Observation & Decision
Supreme Court laid down certain criteria to determine whether there
is substantial question of law or not.

32
 lmportance: The question should be relevant to
General Public
1)
general.
the public in
Direct and
Substantial Impact: It should significantly affect the
2) involved,
rights of the parties
Applying these criteria,
Supreme Court Concluded that the matter of
was not just a simole
interpreting the Managing Agency Agreement not free from doubt.
question. It was complex and The Court
legal High Court, which had made an error
disagreed with thea in not
recognizing it as substantial question of law and denied to grant
"certificate of fitness".
Court furtheradded that the success or failure of the nartioe!
arguments in this case, Concerning
a
substantial sum of money (26
lakhs of rupees),
depended on resolving this complex legal issue about
it was a
the Managing Agency Agreement. Supreme Court believed that
matter of public importance and had a direct impact on the rights of the
parties involved.
> Meaningof Substantial Question of Law in one line :
Any issue
which effects merit of the case or decision of the
court.

v.
Koppi Setty Venkat Ratnam Pamarti Venka
2009 RLR27 (NSC)
OReserved with Aasim Yezdani
1908 Substantial &

(Theory Involved : Second Appeal :Section 100 of CPC,

Question of Law)

CPC1908
Koppisetty Venat Ratnam V.
For Judicial and
Semester Exam
PuntiVenkayrma, 2009xamPresSUre

First Appeal [Section 96

Second Appesl (Section 100]
High Court Cn not ignor Substential Question of L

Aasim
Yezdani Scan this QR Code for
explanation on YouTube

33
Fact Petition (SLP) in the
filed a Special Leave
In this case, the appellant Court has no jurisdiction to
that the High
Supreme Court, arguing Court under Section
concurrent finding of facts of the lower
dismiss the
Code. Additionally, the appellant contended
100 of the CivilProcedure requirement
failed to comply with the mandatory
that the High Court 100 of the CPC, which
introduced by the amended Section
before
formulation of a "Substantial question of law"
necessitates the
altering such factual conclusions.
Issue
raising a mandatory substantialquestion
Can the High Court, without concurrent findings of
jurisdiction to set aside
of law, have the
subordinate courts under Section 100,
CPC?
& Decision
Supreme Court Observation
that, 1976 amendment to Section 100 of
Supreme Court observed use of second
Procedure Code aimed to curb the excessive
the Civil Commission's 1973 report
Courts. The Law
appeals in High proceedings, limiting second
emphasized the need for finality in legal
questions of law". The amended Section 100
appeals to "Substantial
questions at the appeal's
requires precise formulation of suchwas
admission stage. The legislative intent to prevent second appeals
unnecessary reconsideration of facts. Despite this,
from becoming
concurrent findings without
some High Courts have been setting aside
formulating "Substantial questions of
law", leading to delays. The
emphasizes adherence to the amended Section 100,
Supreme Court
judgments not complying with this requirement and urging
setting aside
expeditious resolution of cases.
High Court can not ignore
Finally, Supreme Court held that the
100 of CPC, 1908.
"Substantial question of law" laid under Section
one line : Any issue
> Meaning of Substantial Question of Law in
which effects merit of the case
or decision of the court.

34
 Gill &
Co. v. Bimla Kumari, 1986 RLR
370
OReserved with Aasim Yezdani
: Power to Take Additional Evidence:
(Theory Involved Section 107(1)(d)
Rule 27 (Production of additional evidence in read
with Order 41, Appellate Court)]

CPC 1908
GHl and Co. V.Bimla Kumari, 1986
For Judicial and
Semester Exam
Exam Pressure
Order 41 Re 27

Production of Additional Evidence

at Appellate Court

Aasim
WJYezdani Scan thís OR Code for
explanaton on YouTube
Fact
this case, a landlady rented out her property to a company and its
In
manager. The landlady then applied for the eviction of the tenants, citing
reasons Such as non-payment of rent and misuse of the premises.
Conseguently, the Additional Rent Controller issued an eviction order.
Duringthe ongoing appeal process, the tenants (appellants)
requested permission under Order 41, Rule 27 to produce additional
evidence-specifically, documents and account books allegedly seized
by the income tax department. The landlady strongly opposed this
request, and the Rent Control tribunal ultimately deniedthe application.
Issue
Whether the Tribunal had proper grounds for dismissing the
appellants' request to produce additional evidence ?
Court Observation & Decision
Supreme Court observed that...
on the evidence from the
) Generally, appeals are decided based
lower cOurt, and additional evidence is not allowed.
2) Rule 27 of Order 41 states that parties in
an appeal can not
present additional evidence, whether it is oral or documentary.
to consider
O) However, Rule 27 itself allows the appellate Court
additional evidence in specific situations:

35
 a) If the lower court wrongly rejected evidence,
before
b) If the party did not know about this additional evidence
or other
c) If the appellate court finds it necessary for judgment
substantial reasons.
Supreme Court ruled that the lower court rightly refused evidence that
was never presented and was always known to the parties. The key
question was whether the appellate court truly needed the additional
evidence or if there was a valid reason to allow it. Supreme Court
concluded that there was no alid reason, stating that the appellants,
who already possessed the evidence, could not justifty its late
submission by claiming they did not realize its importance until after an
unfavourable trial court decision.

36
 Topic 7
Reference
a civil suit, if someone is not satisfied with the outcome,
he
In has
appeal. Reference, Review, and are
options other than a Revision three
legal triangle, providing alternative routes for
remedies forming
resolving disputes.
Reference (Section 113, CPC, 1908)
OReservedwith Aasim Yezdani
(Question Format:Short Notes)

In legal proceedings, a lower cOurt has doubts about a question of

if
a
law in a case, it can seek the High Court's opinion through
"reference." This involves stating the case and referring it to the High
may
Caurt under Section 113 and Order 46 of the CPC. High Court
on the matter.
then provide its opinion
Section 113 of CPC says "Reference to High Court: Subject to such
may state a
conditions and limitationS as may be prescribed, any Court
case and refer the same for the opinion of the High Court, and the High
Court may make such order thereon as it thinks
fit:

Purpose of Reference
opinions
Section 113 allows subordinate courts to seek High Courterrors
irreversible by
in non-appealable cases, aiming to prevent
on the validity of legislative
obtaining legal clarity in advance, especially
provisions, making the reference mandatory for validity
questions but
optional otherwise.
Essential Conditions for Reference
must be a pending suit or appeal where the decree is not
1) There
appealable.
2) A question of law must arise during the
case.
a reasonable doubt about
3) The court handling the case must have
that question.

37
 Review (Section 114, Order 47, CPC, 1908)
OReserved with Aasim Yezdani
Case Involved
Haridas Das v. Smt. Usha Rani Banik, 2006 (3) SCALE 287
Section 114 of the Code allows a person aggrieved by a court
decree to apply for a review under specific conditions. The review js
meant for reconsideration by the same court and judge, to correct errors
and prevent injustice. This power is an exception tothe generalrule that
once a judgment is pronounced, the court loses control. However
reviews are not appeals, and their scope is strictly confined to to the
scope of Order 47. Not all decrees can be reviewed, and the court
discourages frequent reviews, emphasizing the need for care and
restraint in filing review applications.
Who may apply for Review under Section 114, CPC
A person may seek a review of a court decision if he feels aggrieved :

1)when an appeal is allowed but not yet filed,

2) when no appeal is allowed, or
3) the case of a decision from a Small Causes Court reference.
in

Order 47, Rule 1 outlines the conditions for a review of judgment

1) Discovery of New and Important Matter or Evidence: If the
applicant finds new and crucial information that, despite due
diligence, wasn't known or producible during the initial
decree.
2) Mistake or Error Apparent on
can be sought if there is a
the Face of the Record: A review
clear mistake or error visible on the
record.
3) Any Other Sufficient Reason:
The court may consider other valid
reasons not explicitly stated, but
they must be substantial.
It is important to note
that just because a higher court
changed is
decision in another case regarding a
question of law on which the
current judgment is based, that
alone is not a valid reason for reviewing
the judgment. This means the review can
errors on record, or happen due to new evidence
other significant reasons, but not just becaUSe
superior court changed its decision
in a different case.

38
 Revision (Section 115, CPC,
1908)
OReserved with Aasim Yezdani
(Question Format : Short
Notes)
Section 115 of the Code grants the High
Court
revise certain decisions made by lower courts. the authority to
Revision involves
carefully examining and correcting non-appealable
way for parties to address grievances. This power
orders, providing a
allowSthe High Court
to effectively oversee and correct decisions made by
subordinate
cOurts.
According to Article 115 of CPC,
High Court has the authority to cal
ocords of cases previously decided by lower courts, where no further
appeal is possible.
Reasons for the revision
a) Subordinate court
exceeding its legal authority, making decisions
outside the scope of the law.
b) Subordinate court neglecting to exercise a jurisdiction it legally
possesses.
c) Subordinate court acting illegally or with significant irregularities
while exercising its jurisdiction.
Based on its examination, the High Court may issue orders deemed
appropriate for the specific case, aiming to address any identified
issues or irregularities.
or
It important to note that High Court is prohibited from altering
is
to the High
reversing any decree or order that can be appealed, either
a
COurt itself or to any subordinate court. And revision by the
HighCOurt
legal proceedings,
does not automatically stop or stay the ongoing
a stay for a particular
except when the High Court specifically orders
case or proceeding.

39
 Haridas Das v. Smt. Usha Rani Banik, 2006 (3)
SCALE 287
OReservedwith Aasim Yezdani
(Theory Involved : Review (Section 114, Order 47, CPC, 1908)

Fact
In this case, Kalipada sold his land to Haridas, who took possession
and a sale deed was to be executed later. Kalipada started threatening
to Haridas to leave the possession. So, Haridas filed Title Suit No. 1 fo
confirmation of possession, permanent injunction against
dispossession, and specific performance. Kalipada, during proceedings.
sold the said land to Usha Rani. Again Haridas filed Title Suit No, 2 to
cancel the sale deed, alleging it was illegal and fraudulent.
Decision of Lower Courts
Haridas initially succeeded in Title Suit No. 2, resulting in the
cancellation of a sale deed. However, the District Judge (First Appellate
Court), on appeal by Kalipada, set aside this decree. Haridas then filed
a Second Appeal in High Court, which the High Court allowed, and
restored the original decree. Subsequently, Kalipada filed a review
application, asserting the presence of a mistake or error apparent on
the face of the record. The High Court, agreeing with the need for
review, modified its earlier judgment, leading to the dismissal of the
Second Appeal. High Court held that Title Suit No. 1, concerning
specific performance of a land sale agreement, lacked the necessary
leavelpermission under Order 2, Rule 2, CPC. Consequently, High
Court affirmed the decision of the First Appellate Court (District Judge).
Haridas, feeling aggrieved, challenged the High Court's order in an
application for review. He contended that High Court overlooked the
Scope and ambit of Order 47, Rule 1, CPC, asserting that the
necessary parameters for the application of this provision are not
present in the current case.
Issue
Whether the review conducted by the High Court on the Order trom
theSecond Appealwas justified?

40
 Observation
Supreme Court
The Supreme emphasizes that review proceedings are
Court
not a
but are limited to specific grounds
means of appeal under Order 47,
Rule 1. The
Court distinguishes the power of review from
th

appellate
that review is not for correcting errors on
power, stating merit. An error
must be apparent on the face of the record
justitying review and not
power
require lengthy reasoning. The
of is
review not to be confused
with an appellate
power that corrects all errors. The judgment may
a
be
there is mistake or an error apparent on
open to review if the face of
not if it
requires a
complex process of reasoning.
the record, but
Supreme Court Decision
Applying these principles to the case, the Supreme Court finds that
the High Court made errors in accepting a review. The crucial question
t considered was irrelevant to one of the suits. The High Court also
mistakenly concluded that no prayer for leave under Order 2, Rule 2,
CPC was made, whereas the right to institute the suit was reserved in
the plaint. The Supreme Court holds the High Court's order as contrary
to the law and sets it aside, restoring the judgment and order passed in
the Second Appeal.

41
 Topic 8
Inherent Powers of Court (Section 151)
Section 151 : Saving of lInherent Powers of Court
Case Involved
Mahant RamDass v. Mahant Ganga Dass, AlR 1961 S.C. 882

Section 151 recognizes INHERENT POWER OF

that a well-crafted legal coURT: TODO
COMPLKTE JUaTICE.
code cannot COver all
situations. Unforeseen
circumstances in litigation
arise, and the law cannot
predict them all. In such
cases, Section 151 acknowledges the court's inherent powers, rooted
in necessity, allowing it to act when justice
demands, beyond explicit
legal provisions.
Meaning of Inherent Power
Inherent power is not explicitly defined in the CPC. It refers to the
natural, permanent attributes or essential elements
vested in a court.
These powers are not derived from legislation but stem from
the nature
and constitution of the court itself. They are crucial for
maintaining the
cOurt's dignity, ensuring obedience to its
rules, protecting its officers,
andpunishing unseemly behavior.
Object of Inherent Power
The main objective of Section 151
is to empower courts to do
complete justice when the CPC does not
provide for specitiG
circumstances. When rights are granted by
the CPC, but no provision
COvers a particular situation,
the court can use inherent powers t0
provide relief. The aim to
is prevent a failure of justice.
Nature of Inherent Power

Section 151 does not grant new p0wers to

ne inherent powers that courts possess as the court. It recognizo
judicial forums mean
dispense justice. These powers are
independent of and additional

42
 Code. The section
powers conferred by the does not create
any other powers but acknowledges the court's discretionary
new substantive rendering justice.
power
necessary for
Power
Scope of Inherent
are not exhaustive because
The provisions in the CPC the
can not foresee all future circumstances in litigation. Inherent
legislature powers
powers are
complementary to the specifically granted by the
court Can use these powers at
relevant stages to serve the
Code. The
or prevent abuse of the court's process. This flexibility
ends of justice
court to address unforeseen situations not cOvered by explicit
allows the
provisions in the Code.

Mahant Ram Dass v. Mahant Ganga Dass, AIR 1961

S.C. 882
©Reserved with Aasim Yezdani
Court)
(Theory involved: Section 151 : Saving of Inherent Powers
of

CPC 1908
Mahant Rem Das V. Mahant Gengs Das, 1961
For Judiciai and
Senester Exam
Exam Pressure
Section 151

Inherent Power of Court

Aasim
RRYezdani Scan this QRCode for
explanation on You Tube
Fact
on time due to
In this case, the appellant failed to pay court fees
financial constraints and the court being closed for vacation. Upon
or 149 of
reopening, he sOught extension of time under Section 148
CPCdue to serious illness and unsuccessful attempts to secure loan
a
due to a sudden slump in the grain market. However, the High Court
if
rejected it, invoking the earlier order i.e. appeal would be allowed only
tne court fee was paid on time. Court held that Sections 148 and 149

43
 fo.
apply pre-final order and also denied extension under Section 151
similar reasons.
Issue
Whether the High Court was unable to extend the time in the aiven
circumstances or could used its inherent power?
Supreme Court Observation & Decision
Supreme Court observed that while procedural orders are important
for maintaining order, they do not entirely prevent the court from
considering unforeseen events. Sections 148 and 149 of CPC allow
the court to extend time even after the original period has expired. And
Section 151 of CPC grants inherent powers to the court, and the High
Court could have used these powers. But, High Court made an error by
not considering an application for time extension filed before the
deadline. Supreme Court corrected this, emphasizing the importance of
courts using their powers to ensure justice, even in unique situations.
The appeal was reinstated, and the appellant was granted additional
time to pay the cOurt fee.

44
 Topic 9
Parties to Suits
Joinder, Misjoinder and Non Joinder of
Meaning of
Parties
Code of Civil
proceedings governed by the
Procedure,
In legal misjoinder, and non-joinder of parties
principles of joinder,
1908, the
shaping the course of litigation. These concepts
pivotal role in
play a ensure a just and comprehensive resolution of
fundamental to Parties to Suit
are 1 to 13 of CPC, 1908 talks about
Rule
disputes. Order 1, non-joinder.
as joinder, misjoinder, and
Joinder of Parties
OReserved with Aasim Yezdani
Notes)
(Question Format: Short
legal process of including all
to the a
Joinder of parties refers lt ensures that everyone who has
necessary parties in a lawsuit. legal proceedings. In Simple
matter is part of the
direct interest in the of relevant parties for a fair legal
inclusion
way, joinder ensures the
process,
says Several persons can join a
CPC, 1908 on the
Order 1, Rule of have a shared right to relief based would
1
if they
lawsuit as plaintiffs events. Additionally, if separate suits one
same incident or related they can be joined in
common legal or factual questions,
Involve
suit for efficiency. 1908 says several
CPC,
Order 1. Rule 3 of if the claims
against
On the other hand a lawsuit
persons can be joined
as defendants in events. This includes
same incident or related against them, and if
them arise from the a shared riright to relief questions would
situations'where there is legal
or factual
Common
separate suits were filed,
emerge.

45
 Misjoinder and Non Joinder of Parties
OReserved with Aasim Yezdani
(Question Format :Short Notos)
1) Misjoinder of Partios: Misjoinder occur6 when there is an
improper or incorrect joiningof partios in a lawsuit. It
someone is includod as a party incorrectly or
happens vihen
unnecessarily.
2) Non-Jolnder of Partlos: Non-jolnder happens when a necessary
party, someong crucial for a complete
and fair decisíon, is not
included in the logalprocoodings.
Simple way, misjoinder is the improper inclusion
In
of parties, and
non-joinder is the failure to include necessary
parties, all regulated by
to
the CPC maintain the integrity of legal
proceedings.
Order 1, Rulo 9 of CPC, 1908
addresses the consequences of
misjoindcr and non-joinder of parties in a
lawsuit while Order 1, Rule
13 of CPC, 1908 1alks about
objections as to non-joinder or misjoinder.

Difference between Misjoinder

and Non Joinder of
Parties
ORoserved with Aasim Yezdani
(Quostion Format : Short Notes)
Aapoct Misjoinder
|Delinition Addition of a party unrelated Failure Non-joinder
to include a necessary
|to tho issuo by mistako. party in the lawsuit.
Court's Action Court doosn't dismiss the suit;Court may
dismiss the suit or
|ssues specificorders. order addition of necessary
Efoct on Suit Suit continuos orders not parties.
Possible dismissal; court
|binding on misjoinod party. ensures inclusion of
necessary parties for effective
|Irnpact on party|Linited impact on resolution.
the party at Can significantly
|largo. affect the
interests of the involved
Poslbility of parties.
|Dismlsoal |No possibility of dismissal as
|doosn't groatly impact it|Possible dismissal, especialy
Overallintorosts th if non-joinder
hampers
effective adjudication.

46
 Topic 10
Amendment of Pleadings
Amendment of Pleadings
(Order 6, Rule 17 of CPC, 1908)
©Reserved with Aasim Yezdani
Case Involved
li Jai Ram Manghar Lal v. National Building Material Supply Co. AIR
1969 S.C. 1267
Mis Ganesh Trading Co. V. Moji Ram, AIR 1978 SC 484
107
Dalip Kaur Major Singh, AIR 1996 P &H
v.

B.K. Narayana Pillaiv. Parameswaran Pillai, (2000) SCC 712

1

Amendment of pleadings guided by the Code of Civil Procedure.

1908, allows parties to modity their court
statements during a trial with
to the actual issues in the case
Court permission. This aims address
ensure justice. Order 6, Rule 17 of CPG, 1908 governs this
and any stage if deemed
process, stating that amendments can be made at a
trial starts unless there is valid reason for not
just. but not after the
raising it earlier.
Importance of Amendment of Pleadings
Amendments correct errors and ensures fair
1) Ensuring Justice:
case presentation.
It helps to identify and settle key
issues,
2) Resolving Disputes:
promoting accurate and fair resolution.
Early amendments prevent delays, reduces the
3) Avoiding Delays:
need for additional evidence and hearings.
It prevents unfair advantages, giving both
4) Promoting Fairness:
their case.
parties equal opportunities in presenting
Essential Conditions for Amendment of Pleadings
Dispute Resolution: Amendment must be crucial
I) Necessity for
for resolving the dispute.
Amendments should not harm the other
ADSence of Prejudice:
party unfairly.

47
 faith.
must be requested in good must meet
3) Good Faith: Amendments amendments
Proposed
4) Compliance with Time Limits:
court deadlines.
Granting Amendment of Pleadings certain
for Considers
EssentialConditions of pleadings,
Court
While granting amendmentmentioned hereinafter. harm
conditions which are not unfairly
essential Amendment should
Other Party:
1) No Injustice to
Proposed
the opposing party. Controversy:
Determining Real dispute.
2) Necessary for to resolve the actual
essential circumstances
amendment must be specific
to amend pleadings occurs under are unnecessary
Refusal if they
may reject amendment of pleadings or violate rights of other
Courts new case or seem unfair excessive delayor
a whole
or introduce unnecessary complications or involve or if
a malicious intent
party or create case significantly or have
alter the nature
of
chances for changes.
parties missed earlier

v. National Building
Manohar Lal
Jai Jai Ram Co.,AlR 1969 S.C. 1267
Material Supply
OReserved with Aasim Yezdani 1908))
of Pleadings (Order 6, Rule 17 of CPC,
[Theory :Involved Amendment
For Judicial and
CPC1908 Semester Exam

Order 6, Rule 17

Amendment of Pleadings

Aasim
OLTMmu Yezdani Scan this QR Code for
explanation on YouTube

48
Fact
In this case, Manohar Lal, son of Jai Jai Ram, filed a lawsuit against
National Building Material Supply to recover money for timber supplied.
The action was initiated in the name of "Jai Jai Ram Manohar Lal." the
name under which the business operated. The defendant argued that
the plaintiff is an unregistered firm and therefore not competent to sUe.
So, plaintiff requested permission to amend the complaint, seeking to
identify himself in the case title as "Manohar Lal, proprictor of Jai Jai
Ram Manohar Lal."
Issue
Whether plaintiff should be given a chance to amend his complaint
under these circumstances ?
Lower Court Decision
The Subordinate Court granted leave for this amendment. However,
the High Court contended that the action was initiated in the name of a
non-existing person, and the subordinate judge lacked competence to
grant the amendment.
Supreme Court Observation & Decision
Supreme Court held that a party should not be denied rightful relief
due to mistakes, negligence, or procedural errors. The court asserted
that it typically allows amendments to pleadings unless there is
evidence of malicious intent or if the mistake has caused irreparable
harm to the opposing party. In the present case, Supreme Court found
no malafide intent or irreversible harm caused by the plaintiff's error.
Therefore, the Supreme Court allowed the amendment to the lawsuit
title, emphasizing the principle that parties should not be deprived of
justice based solely on procedural lapses.

49
 M/s Ganesh Trading Co. v. MojiRam,
AIR 1978 SC 484
OReserved with Aasim Yezdani
[Theory : Involved Amendment of Pleadings (Order 6, Rule 17 of CPC, 1908)1

CPC 1908
MIS Ganesh Trading Go, V. Mojl Ram, 1978
For Judicial and
Semester Exam
Exäm Pressure
Order 6, Rule 17

Amendment of Pleadings

Aasim
LYezdani Scan this OR Code for
explanation on You Tube

Fact
a
In this case, Ganesh Trading appellant plaintiff firm, filed
Co., the
in a promissory note. The
lawsuit to recover a sum of money specified
on, appellant plaintiff
suit was initiated through one of its partners. Later
a crucial detail that the
realized that they had unintentionally omitted
firm had actually been dissolved before filing the lawsuit.
So, appellant
necessary
plaintiff sought Court to amend their pleading by adding this
detail in their plaint.
Lower Court Decision
application,
Both the Trial Court and the High Court rejected the
new cause of action that was already
arguing that it would introduce a
time-barred.
Issue
to amend the
Whether the appellant plaintiff should be allowed
firm.
plaint, given the oversight in mentioning the dissolution of the
Supreme Court Observation & Decision
Petition
Supreme Court, hearing the case through Special Leave
obstruct
(SLP), emphasized that procedural laws should aid rather than
the path of substantive justice. Court observed that the proposed
amendment would not change the cause of action.it merely rectified the
failure to mention the firm's dissolution. This correction accurately

50
reflected the plaintiff's capacity at the time of filing the suit. Importantly,
it would not alter the identity of the plaintiff. Consequently. Supreme
Court allowed the appeal for the amendment, recognizing its
compatibility with the pursuit of justice.

Dalip Kaur v. Major Singh, AIR 1996 P & H 107

OReserved with Aasim Yezdani
1908)1
[Theory Involved Amendment of Pleadings (Order 6, Rule 17 of CPC,
:

For Judicial and

CPO 1908 Semester Exam
Major Singh, 1996 ;
Dalip Kaur
V.

Exam Pressure
Order G. Rule 17

Supreme Court Guidelines on

Amendment of Pleadings;

Aasim
EAHKülDYezdani Scan this QR Code for
explanation on You Tube
Fact
Inthis case, the plaintiff filed an application under Order 6, Rule
17 of the Code of Civil Procedure, 1908 seeking amendment of the
Civil
plaint by making a prayer for declaring the judgment and decree
Suit entitled Major Singh V. Balbir Kaur' as null and
void and ineffective against the rights of the plaintiff. The application of
amendment was dismissed by the trial court on tWO grounds namely.
1) Application for amendment has been filed without explaining the
alleged excessive delay.
2) the amendment is likely to change the foundation of suit.
Issue
?
Whether the plaintiff should be allowed to amend the plaint
High Court Observation & Decision
High Court held thatOrder 6, Rule 17 of CPC, 1908 allows parties
to amend their pleadings for justice. This power is broad and applicable
at any stage. However, amendment in pleadings is not an absolute right

51
 allowel
depends on circumstances. Finally High Court
and it plaintiff is not time barrer
amendment by saying the relief claimed by
no vested right of the respondent
and by the proposed amendment
laid down certain principle
would be hampered. Along with it, High Court
of pleading.
while dealing with application of amendment
are necessary for
1) All amendnments should be allowed which
suit.
determination of the real controversies in the
2) Proposed anmendments should
not cause prejudice to the other side
means of costs.
which cannot be compensated by
3) Amendment of a claim or relief barred
by time should not be
allowed.
to or results in
4) No amendment should be allowed which amounts
on account of lapse of
defeating a legal right to the opposite party
time.
technicalities of law and
5) No party should suffer on account of the
to minimise the litigation
the amendment should be allowed
between the parties.
on
or which if not fraudulent should not be made
6) Error mistake
ground for rejecting the application for
amendments of pleadings.

B.K. Narayana Pillaiv. Parameswaran Pillai,

(2000) 1 SCC 712
OReserved with Aasim Yezdani
6, Rule 17 of CPC, 1908)]
[Theory : Involved Amendment of Pleadings (Order
For Judicialand
CPO 1908
B.K, Narayona Pillai V. Paramoswaran Pillal, 2000
Semester Exam
Exam Pressure
Order 6, Rulo 17

Avoid Hyper Tochnical Appronch on

oan Arnendment of Plaadings;esses

Aasim
Yezdani Scan this QA Code for
explanation on YouTube

52
Fact
a
this case, the suit was initially filed in the lower court seeking
In

mandatory and prohibiting injunction, claiming the appellant-defendant

was a licensee. However, the Lower Court held that he was a lessee.
not a licensee. In the Supreme Court appeal, the appellant sought to
a
amend the written statement, asserting that if he was not lessee, he
should be given benefit under Section 60(b) of the Indian Easements
Act, 1882.
Issue
1) the amendment to the written statement just and valid?
Is
2) Does the amendment cause ireversible legal damage to the
defendant?
Supreme Court Observation & Decision
Supreme Court granted leave and allowed the appeal, setting aside
the previous orders. The court permitted the appellant-defendant to
amend the written statements to include the plea under Section 60(b)
of the Indian Easements Act, 1882. However, this allowance was
subject to the condition that the defendant pays all arrears related to the
license fee. Along with it, Supreme Court laid down certain principle
while dealingwith application of amendment of pleading.
1) Courts while deciding such prayers should not adopt hypertechnical
approach.
2) Liberal approach should be the general rule particularly in cases
where the other side can be compensated with the costs.
3) Technicalities of law should not be permitted to hamper the Courts
in the administration of justice between the parties.

4) Amendments are allowed in the pleadings to avoid multiplicity of

litigation.
Note : Above 4 Points are more important than fact, issue and
Judgement of this case for Law Faculty, DU Exam.

53
 Topic 11
Rejection of Plaint
Rejection of Plaint (Order 7, Rule 11 of CPC, 1908)
©Reserved with Aasim Yezdani
Case Involved
v.
Saleem Bhai State of Maharashtra, AIR 2003 SC 759
A "Plaint" is a written document expressing the grievances of
someone who wants to file a lawsuit in a civil court. It outlines the facts
supporting his case and the relief he seeks. The purpose is to inform
the court and the defendant about the plaintiff's claims and helps to
clarifty the issues and preventing surprises during
legal proceedings.
Order 7 Rule 11 of the Code of
Civil Procedure, 1908 specifies Plaint Rejected
conditions under which a plaint
shall be rejected. It says that the Order 7., Rule 11
plaint shall be rejected in the
following cases:-
a) Where it does not disclose a
cause of action.
b) Where the relief claimed is
undervalued, and the plaintiff, on being
required by the Court to correct
the valuation within a time to be
fixed by the Court,fails to so.
do
c) Where the relief claimed
is properly valued but the plaint
upon paper insufficiently is written
stamped, and the plaintiff, on
required by the Court to supply being
time to be fixed by the requisite stamp-paper within a
the Court, fails to do so.
d) Where thesuit appears
from the statement in
by any law. the plaint to be barred
e) Where it is not filed in
duplicate.
f) Where the plaintiff fails
to comply sub-rule
(2) of rule 9.
There is a proviso
stating that the Court may
correcting the valuation extend the time to
or Supplying
the requisite stamp-paper only n

54
is convinced, with recordedreasons, that the plaintiff was prevented by
an exceptional circumstance from doing sO within the initially fixed time
and that refusing an extension would cause grave injustice to the
plaintiff.

Order 7, Rule 12 lays down procedure on rejecting plaint. It says that

where a plaint is rejected the Judge shall record an order to that eftect
with the reasons for such order.

Saleem Bhai v. State of Maharashtra,

AIR 2003 SC 759
OReserved with Aasim Yezdani
:
(Theory Involved Rejection of Plaint (Order 7, Rule 11 of CPC, 1908)]

Fact
In this case, the plaintiff filed a suit, and the defendant (appellant)
sought its dismissal under Order 7, Rule 11 of CPC, 1908 citing
grounds under clauses (a) and (d). The defendant (appellant) also
applied under Section 151 of CPC, 1908 for the court to decide the
Order 7, Rule 11 application first. The trial Court dismissed some
applications but directed the defendant (appellant) to file a written
statement. The defendant appealed to the High Cout, claiming the suit
should be rejected under Order 7, Rule 11, citing lack of cause of
action and suit appears to be barred by any law i.e. principles of res
judicata and lis pendens.
Issue
Whether an application under Order 7, Rule 11 should consider the
plaint's allegations, making the defendant's written statement irrelevant.
Supreme Court Observation & Decision
on plaint
Supreme Court held that Order 7, Rule 11 focuses
averments, and the trial court can act at any stage before concluding
are
the trial. Supreme Court emphasized that written statements
a
irrelevant for deciding Order 7, Rule 11 applications and directing
written statement before deciding the Order 7, Rule 11 application is
a

55
procedural error, indicating non-exercise of jurisdiction by the trial court
which was later confirmed by High Court.
Finally, Supreme Court set aside the common order and remitted the
case to the trial court by directing the trial court to decide the Order 7.
Rule 11 application based on the plaint's averments after giving both
parties a fair hearing. The appeal was allowed accordingly.

56
 Topic 12
Appearance of Parties and
Consequences of Non-appearance
Appearance of Parties and Consequences of Non
appearance (Order 9, Rules 6, 7 and 13)
OReserved with Aasim Yezdani
Case Involved
Sangram Singh v. Election Tribunal, AIR 1955 SC 425
Rajni Kumar v. Suresh Kumar Malhotra, 2003 (3) SCALE 434
Bhanu Kumar Jain v. ArchanaKumar, AIR 2005 SC 626
The Code of Civil Procedure is built on the fundamental principle
that Court proceedings should avoid causing harm to any party by
proceeding in their absence whenever possible. Within this framework,
Order 9 of CPC, 1908 specifically addresses the matter of parties
appearing in court and outlines the consequences of their non
appearance.
Order 9, Rule 6 says if the plaintiff appears in court but the defendant is
absent, three scenarios arise:
1) Ifthe summons was properly served, the court may proceed with an
ex parte hearing.
2) If the summons was not proven to be duly served, the court shall
issue new summons.
3) If the summons was served but not in sufficient time to enable him
to appear, the Court shall reschedule the hearing by notiftying the
defendant.
If
it is the fault of plaintiff for improper summon or timing, he shall be
ordered to pay the costs of the postponement.
Order 9, Rule 7 says that if the Court has previously postponed a case
ex parte because the defendant did not appear before Court, and later
the defendant appears on the rescheduled day and provides a valid
reason for not appearing earlier, the Court may allow the defendant to
present his side of the case.

57
 In simple way. if
the defendant had a good reason for missing theinitial
court date, and he appears on the new date, the Court might let him to
participate in the case, but the Court can decide on certain conditione
like requiring the defendant to pay some Costs
Essentially, it gives the defendant a chance to be heard.
other terms r
Order 9, Rule 13 sas that if the Court has given ex parte decision
against the defendant, the defendant can ask the same court to cancel
that decision. To do this, the defendant needs to prove either summon
was not duly served to him or he had a valid reaSon for not
appearing in
Court. If the Court is convinced, it shall cancel the ex parte decision and
set a new date for the case.
Itis important to note that a court shall not cancel ex parte decision just
because the summon was not duly served to defendant. If the
defendant knew about the court date and had enough time to respond.
the court shall not cancel the decision based on a service irregularity.
Also, there was an appeal against the ex parte decision and it was
if

resolved for reasons other than the appellant withdrawing the appeal,
this rule shall not be used to cancel the decision.

v. Election Tribunal,
Sangram Singh
AIR1955 SC 425
OReserved with Aasim Yezdani
[(Theory Involved:Appearance of Parties and Consequences
of

Non-appearance (Order 9, Rules 6, 7 and 13)]

CPC 1908 For Judicial and

Semester Exam
Sangram Singh V. Election Tribunal, Kotah, 1955 Exam ressure
Order 9 [Rule 6, ? & 13)

Appearance of Parties &

Consequences of Non-appearance

Aasim
Yezdani Scan this QR Code for
explanation on YouTube

58
Fact
Inthis case, the defendant and his lawyer missed the Election
Tribunal hearings, so the Tribunal allowed the case to proceed ex parte
(one-sided). The plainti's witnesses were examined in three hearings
in absence of the defendant and his counsel. On the fourth hearing, the
defendant and his counsel appeared before Tribunal and asked to
reverse the ex parte decision and requested the Tribunal to cross
examine the witnesses who were examined without them. But the
tribunal refused.
The defendant then filed a writ petition in the Rajasthan High Court,
which was also rejected. So, defendant appealed before Supreme
Court.
Issue
Whether "ex-parte proceedings" mean the defendant is completely
barred from future court appearances ?
Supreme Court Observation & Decision
The Supreme Court emphasized several important points:
1) Ex parte proceedings do not mean the defendant is completely
barred from participating in future stages of the lawsuit.
2) If a party misses a hearing but appears on the day to which the
hearing is adjourned, he cannot be denied participation simply
because he did not attend an earlier hearing.
3) Procedural laws, rooted in the principle of natural justice, prioritize
the right to be heard (locus standairule).
4) The procedural code serves as a legal framework designed to
streamline the process and enhance the administration of justice.
Finally, Supreme Court held that the Tribunal was wrong to deny the
appellant's counsel participation when he appeared. Supreme Court
accepted the counsel's valid reasons for missing specific dates and
allowed him to participate in further proceedings, setting aside the
tribunal's order under Order lX Rule 13 of the CPC, 1908.

59
 Rajni Kumar v. Suresh Kumar Malhotra,
2003 (3) SCALE 434
OReserved with Aasim Yezdani
[(Theory Involved:Appearance of Parties and Consequences of Non
appearance (Order 9, Rules 6, 7 and 13))
Fact
Inthis case, the tenant/appelant rented a flat from the
landlord/plaintiff for nine months. After the lease term ended, the tenant
continued to occupy the premises. The landlord filed a Summary Suit
under Order 37 of CPC, 1908 for unpaid electricity/water charges. The
tenant was summoned but did not appear, leading to an ex parte
decree. The tenant then applied under Order 37, Rule 4 of CPC, 1908
to set aside the decree, but the application was dismissed. The tenant
appealed, arguing non-service of summons and disputing the
applicability of Order 37 of CPC, 1908. But High Court dismissed the
appeal. So, tenant appealed before Supreme Court.
Issue
1) Whether the High Court committed an error in refusing to set aside
the ex parte decree, considering the tenant's application under
Order 37, Rule 4, lacked sufficient facts tor a defence ?
2) How does Order 37, Rule 4 differ from Order 9, Rule 13 of CPC,
1908?
Supreme Court Observation
Supreme Court emphasised that...
1) Order 37, Rule 4 empowers the Court to set aside an ex parte
decree under special circumstances.
2) 'Special circumstances' is not precisely defined but implies
Something exceptionalor uncommon.
3) Non-service of summons qualifies as a special circumstance.
4) The distinction between suits filed under Order 37 and suits in the
ordinary manner is crucial.

60
 Rule specifically addresses setting aside
4 a decree,
Order 37,
5) Rule 13 inapplicable in Summary Suit.
making Order 9,
Decision
Supreme Court
Supreme Court held that High Court rightly acknowledged special
circumstances for the tenant's non-appearance but relief was denied
absence of a specified defence since the tenant did not
due to the
sufficient details to support a defence in the application under
provide
Order 37, RuleSupreme Court found no jurisdictional error or
4.

illegality, resulting the

in dismissal of the appeal.

.st.Order 37 of CPC, 1908 is associated with Summary Suits and

Ommarv Procedure. In Topic 13 of this book, you will discover a
detailed explanation of Summary Suits and Summary Procedure.

BhanuKumar Jain v. Archana Kumar, AIR 2005 SC

626
OReserved with Aasim Yezdani
of Non
(Theory Involved:Appearance of Parties and Consequences
appearance (Order 9, Rules 6, 7 and 13)1

Fact
Inthis case, the owner of a property passed away, leaving his Son
(original plaintiff), wife (original defendant 1), and daughter (original
defendarnt 2). Governed by the Dayabhaga School of Hindu law, the
son
filed a partition suit in 1976. Amidst legal proceedings, the daughter's
husband (Respondent 2) claimed a mortgage, alleging itwas created by
his deceased mother-in-law (original defendant 1). Original defendant
1's death led to the daughter becoming defendant 1, and her husband,
Respondent 2, becoming defendant 2. During the suit, defendants failed
to present documents, and on a day set for evidence, they were absent,
resulting in an ex parte order against defendant 1.
Issue
an
1) Whether the First Appeal was valid despite the dismissal of
application under Order 9, Rule 13.

61
 an ex pDarte
2) What remedies are available to a defendant after
decree under Order 9, Rule 13, and the extent of such remedies
Supremne Court Observation
Supreme Court emphasised that...
1) An appeal against an ex parte decree is valid
if materials in the v
parte proceedings do not support decree or the suit should pot
a if

have been set for ex parte hearing.

2) Order 9, Rule 7 applies only when the suit has not been heard
while Order 9, Rule 13 allows the defendant to challenge the ex
parte order with reasons for non-appearance.
3) After an ex parte decree, a defendant can appeal or apply under
Order 9, Rule 13. If the appeal fails, a subsequent Order 9, Rule
13 petition is not maintainable.
4) Supreme Court stressed that public policy should not limit a
statutory right of appeal, allowing a defendant to question the
decree in a First Appeal.
Supreme Court Decision
Supreme Court held that the legal proceedings were not conducted
solely against Respondant 2 in an ex parte manner. However, both
Respondents actively pursued legal actions, all of which were
dismissed. Despite identified flaws in the High Court's reasoning, the
defendants could arque on the merits of the plaintiff's case in the First
Appeal. The Supreme Court directed a thorough re-evaluation of the
case on its merits, considering all aspects. Consequently, the Supreme
Court allows the appeal, overruled the High Court's judgment, and sent
the case back for a fresh reconsideration.

62
 Topic 13
Summary Procedure
Summary Procedure (Order 37, Rule 1 to 4)
CReserved with Aasim Yezdani
Case Involved
Santosh Kumar v. Bhai Mool Singh, AIR 1958 S.C. 321
Ms Mechalec Engineers and Manufacturers v. Basic Equipment
Corporation, AIR 1977 SC 577
ONGC Ltd. v. State Bank of India, AIR 2000 SC 2548

CPC 1908 For Judicial and

Semester Eram
S
ocdt Exam Pressure

Summary Procedure

Aasim
Yezdani
Scan this OR Code for
erpianation on YouTute
Order 37 of Code of Civil Procedure, 1908 is related with
Summary Procedure. A summary procedure is a suit in which the
defendant is not allowed to defend himself as a matter of right. In such
suits, defendant has to obtain leave to defend his suit from the Court
within limitation period.

Object behind Summary Procedure

1) It ensures a quick hearing and disposal of the lawsuit.

2) avoids delays caused by defendants who has no valid defense.

It

3) It swiftly adjudícates money disputes to prevent serious hindrance

in trading and commercial actívities.

4) It prioritizes cases where prompt decisions are crucial for the

smooth functioning of commercial transactions.

63
 Aspect Ordinary suit Summary suit
Defendant's Right toEntitled as a matter of|Not entitled except
defend right with Court's leave
Setting Aside Decree Only on review by the|Trial Court may set it
trial Court aside under special
circumstances
Types of suits covered Allkinds of suits |Simple suits like
promissory notes,
|hundies, bill of
exchange
|Commencement period|Must be brought within Must be brought
3 years within one year from
the date debt become
due and payable
Duration of disposal Takes longer time Disposed of quickly

Order 37, Rule 3 of CPC, 1908 prescribes the mode of service of

summary and leave to defend. lt also provides
the procedure for the
appearance for the defendant. It says that defendant can, within ten
days of getting a judgment summons, request permission from the
Court to defend himself by presenting valid reasons in an affidavit. The
court may grant this permission unconditionally or with certain
conditions, unless the defense appears weak, trivial, or baseless. lf the
defendant admits owing a part of the claimed amount, he must depost
that admitted amount with the Court to defend the suit. It is important to
notes that if triable issue is present, leave to defend should
be granted.

64
 Santosh Kumarv. Bhai Mool Singh.
AIR 1958 S.C. 321
OReserved with Aasim Yezdani
(Theory lnvolved : Surmmary Procedure (Order 37, Rule 1
to 4)

CPO 1908 For Judiclal and

Semeator Exam
Sentosh Kumar
V,
Bhal Mool Slngh, 1958 Exam Pressure
Order 3? (Rue t to 4)

Summary Procedurn
37
Leave to defend the Sutt tmder Order

Aasim
Yezdani
Scan lhis QR Codo for
explanation on YouTube
Fact
Inthis case, the plaintiff (respondent) initiated legal proceedings
under Order 37 of CPC, 1908 based on a Rs. 60,000 cheque issued by
the defendants (appellant), which was dishonoured upon presentation
to the bank. The defendant applied under Rule 3 of Order 37, seeking
permission to defend the suit. The defendant asserted that the cheque
was provided solely as collateral for goods, contending that the goods
were already paid for through cash and other cheques. Therefore, the
cheque had fulfilled its purpose and lacked consideration.
The Trial Court acknowledged that the defendant raised a legitimate
issue for trial but deemed it ambiguous and not bona fide due to the
absence of evidence. The trial court granted leave for the defendant to
defend the suit under the condition of furnishing security for the suit
amount and associated costs. So, defendant appealed against the
imposition of condition.
Issue
1) Whether the Trial Court was correct in imposing the condition to
provide security for suit amount and cost of suit, citing the defence's
lack of clarity andgenuineness, and
2) Whether Order 37 grants limitless discretion in this regard?

65
 & Decision
Supreme Court Observation 1908 does not grant
Order 37 of CPC,
Supreme Court held that the It requires the Court
to exercise
Court.
limitless discretion to the in consonance with the principles
lines and Court can
discretion along with judicial further added that the
of natural justice.
Supreme Court defendant is
is reason to believe that the
impose conditions only there present case, the defendant's defense
if
litigation. In
trying to prolong the Court should have granted leave
the
raised a triable issue, and was not correct in imposing the condition to
unconditionally. Trial Court
suit amount and cost of the suit. The imposition
provide security for the appellant was entitled to
was deemed illegal, and the
of the condition
security. The appeal was allowed on
providing
defend the suit without
this ground.

Manufacturers v.
M/s Mechalec Engineers and
Corporation, AIR 1977 SC 577
Basic Equipment
OReserved with Aasim Yezdani 1 to 4)]
(Order 37, Rule
(Theory Involved:Summary Procedure
For Judicial and
CPC1908
MS Mde EngieorV. Bs Equiport
Corporation, 1977
Semester Exam
Exarm PreSSure
Order 37 (Rude 1 to4]

Surnmary Procedure
Supreme Court Guideline

Aasim
LERtipYezdani Scan this QR Code for
explanation on You Tube

Fact
this case, a
partnership firm (plaintiff), initiated a legal action
In on a dishonoured
seeking the recovery of a specific amount based
sult
cheque issued by the defendant (appellant). The plaintiff filed the
under Order 37 of CPC, 1908, which requires the defendant to seeh

66
 permission to defend. The trial court granted unconditional leave to
defend.
Howeve, the High Court later determined that the defendant's
defence was not genuine (bonafide) and overruled the Trial court's
decision to grant unconditional leave. Instead, the High Court imoosed
certain conditions on the defendant to defend himself.

Issue
Whether the High Court rightly imposed the condition on defendant
to defend himself?
Supreme Court Observation & Decision
Supreme Court emphasized principle laid down by Calcutta High
Court related with Order 37 of CPC, 1908 in Smt. Kiranmoyee Dassi
v. Dr. Chatterjee case, which is mentioned hereinafter...

1) If the defendant satisfies the Court that he has a good defence to

the claim on its merits, the plaintiff is not entitled to leave to sign
judgment and the defendant is entitled to unconditional leave to
defend.
a
2) If thedefendant raises tribal issue, he is entitled to unconditional
leave to defend.
3) the defendant has no defence or the defence set up is illusory or
If

sham or particularly moonshine, then ordinarily the plaintif is

entitled to sign judgement and defendant is not entitled to leave to
defend.
Supporting aforesaid principles, Supreme Court set aside the order
of the High Court which imposed the unnecessary condition and
restored the Trial Court decision.

67
 v.
State Bank of India, AIR2000 SC 2548
ONGCLtd.
OReserved with Aasim Yezdani 1 to 4)|
(Order 37, Rule
((Theory Involved:Summary Procedure
Fact
into a contract with Saipem,
In this case, ONGC (appellant) entered pipelines, with a
Italy (contractor) for the construction of undersea
period. The contract included provisions for
specified completion to meet deadlines, and a
liquidated damages the if contractor failed
cover these damages. The respondent,
bank guarantee was required to
an unconditional bank guarantee.
State Bank of India (SBI), issued
After a delay of more than 300 days,
ONGC assessed liquidated
requested the contractor to extend the bank guarantee.
damages and
which the contractor failed to do. ONGC then asked
SBI to credit the
reasons, refused. So, ONGC filed a
guarantee, but SBI, citing various
its enforcement.
Summary Suit under Order 37 of CPC, 1908 for
to procure
Through various legal procedures, SBI Succeeded
unconditional leave to defend by High Court. So, ONGC appealed
before Supreme Court.
Issue
Whether the High Court was justified in granting unconditional leave
to defend to SBI.
Supreme Court Observation & Decision
Supreme Court found that the defense raised by SBI
was baseless,
and there was no valid reason for granting unconditional leave
t0

defend. The court rejected the High Court's order, stating that the only
basis for SBl's defense was an injunction obtained in their favour from
the Italian Court, which had no relevance to the bank guarantee. Ihe
court vacated the order and dismissed SBI's application for leave to
defend, allowing ONGC's appeal.
Finally, Supreme Court held that, unless fraud is proven, an
unconditional bank guarantee should be honoured, and SBl's dererioo
lacked merit. The order of granting unconditional leave to defend
w

deemed erroneous, and the appeal waS allowed.

68
 Topic 14
Temporary Injunctions and Interlocutory
Orders
Injunctionand Types of Injunction
GReserved with Aasim Yezdani
(Ouestion Format:Short Notes)

CPC 1908 For Judicial and

Sermester Exam
Exam Pressure
Order 39 (Rute 1 to 51

Temporary Injunetion
Injunction and Types of Injunctior

Aasim
Yezdani Scan thís OR Code for
explanation on YouTube
An injunction is a Court order telling someone to do or stop doing
something to prevent future harm. Ad interim injunction temporarily
maintains the current situation until the case isfully resolved, and it can
be requested by both the person filing the lawsuit (plaintiff) and the
person being sued (defendant).
Types of lnjunctions
Inlegal terms,there are two types of injunctions:
1) Permanent Injunction
2) Temporary Injunction
A Permanent Injunction granted after a trial concludes,
is
restraining a party forever from a specified act (regulated by the
or
Specific Relief Act, 1963). On the other hand, a Temporary Interim
Injunction is granted until the suit is decided or the court issues further
1908).
orders (regulated by Order 39 of the Code of Civil Procedure,
On ground of nature, there are two types of Injunctions.
1) Preventive Injunction

69
2) Mandatory Injunction
to prevent, forbid, or restrict someone
A Preventive Injunction aims
from doing something. On the other hand, a
Mandatory lnjunction
forces, directs, or orders someone to do something.

Temporary Injunction (Order 39 of CPC, 1908)

OReserved with Aasim Yezdani
Case Involved
Manohar Lal v. Seth Hira Lal AIR 1962 SC 527
Dalpat Kaur v. Prahlad Singh, AlR1993 SC 276
Order 39, Rule 1 of CPC, 1908 lays down certain conditions
wherein Temporary Injunction may be granted. says that Temporary
lIt

Injunction can be granted by a court in certain situations. These

situations include:
1) Protection of Property If there's a risk that the property involved
:

in a legal case might be wasted, damaged, or sold off improperly.

If

someone is planning to sell the property against the cOurt's

decisions.
2) Defrauding Creditors : If the person being sued plans to get rid of
their property to cheat their creditors.
3) Preventing Harm to Plaintiff : If the person being sued threatens
to kick the person who filed the case out of the disputed property. It
there's a threat to cause harm to the person who filed the case
related to the disputed property.
In these situations,
the Court has the power to issue a temporary order
(Temporary Injunction) to stop these actions until the Court fuly
resolves the case or issues further instructions. It is a way to maintaln
the status quo and prevent any potential harm or unfair actions whie
the legal process unfolds.
Fundamental guidelines for granting Temporary Injunction
grant a temporary injunction Court shouldconsider these points.
lo of
1) case
Prima facie the case of plaintiff seems Stronger than the
defendant.

70
 The iniury faced by the plaintiff shouid be irreparable and unable to
means.
be adequately compensated through monetary
a Ralance of convenience lies in favour of the plaintiff and against the
defendant;
4) The plaintiff is acting fairly and honestly.
is important to note that Section 94 (C) of CPC, 1908 says that. for
IH

the sake of justice the court can grant a Temporary Injunction to stop
cerain actions, and if the defendant disobeys, he may be imprisoned,
and his property may be attached and sold.

Interlocutory Orders
OReserved with Aasim Yezdani
(Question Format : Short Notes)
"interlocutory Orders" are legal decisions made during ongoing
a
court proceedings, aiming to address specific issues without providing
of
final judgment. These orders, covered by Rules 6 to 10 of Order 39
CPC, 1908 primarily focus on Court's power to issue Interlocutory
It is important to
Orders for protecting the subject-matter of the suit.
note that Interlocutory Orders do not provide a final decision but
addresS necessary matters related to the case
1) Rule 6 enables the court to order the interim sale of movable
on
property, especially if it is perishable or subject to decay, based
an application from a party involved.

2) Rule 7 allows the court, upon application, to order the

detention,
This
preservation, or inspection of the subject-matter of the suit.
helps to maintain a record of the property's condition and
authorizes
entry or sampling when necessary.
or 7 can be
S) Rule 8 states that applications for orders under Rules 6
or by the defendant after
made by the plaintiff after suit initiation
appearance. The court must give notice to the opposite party,
unless the order's purpose would be defeated by delay.
*) Rule 9 prevents the sale of suit land for non-payment of revenue
or
rent during the suit. It allows a party to claim immediate possession

71
 by paying the outstanding
amount, with the court
defaulter to reimburse the amount decreeing the
paid.
5) Rule 10 deals with depositing money
in court when the subject
matter is money or something
deliverable, and a party admits
holding it as a trustee or on
behalf of another party. The court.
considering the circumstances, may
order the deposit of money or
delivery of the item.
These rules empower the court to make necessary
ongoing legal proceedings, ensuring fair treatment orders during
and the protection of
assets involved in the case.

Manohar Lal v. Seth Hira Lal AIR1962 SC 527

OReserved with Aasim Yezdani
[(Theory Involved : Temporary Injunction (Order 39 of
CPC, 1908)1

CPC 1908 For Judicial and

Semester Exam
nManohar LalV. Seth Hirs Lal, 1962 Exam PresSure
Order 39 [Rute Ito 5

Temporery lajunction can

i b oranted ty Court
fnharent Powers under sectiorn 15$ of CPC 1908

Aasim
Yezdani
Scan this QR Code for
explanation on YouTube
Fact & issue
In this case, during hearing,
the key question arose that whether the
Court can use its inherent powers
(Section 151 of CPC, 1908) to grant
injunctions, despite the presence of specific
provisions (Section 94 and
Order 39 of CPC, 1908) exclusively addressing
injunctions during legal
proceedings. The central issue is whether
the Court can employ 1s
inherent power in addition to the explicitly
stated statutory provisions.
Supreme Court Observation &
Decision
The apex court made
several key observations:

72
 The Court highlighted that the provisions of the code are not
)
exhaustive, indicating that the legal framework extends beyond
what is explicitly stated.
no
party has the absolute right to insist on
2) It
emphasized that the
Coud's intervention; the Court exercises its authority when deemed
necessary for the sake of justice.
a The Court noted that there is no specific prohibition in Section 94
of CPC,
1908 against issuing temporary injunctions in
circumstances not covered by Order 39 of CPC. 1908

4)
Section 151 of CPC, 1908, according to the court, does not restrict
or limit the inherent power of the Court.

Rased on these observations, the Apex Court concluded that temporary

injunctions can be granted by the Court even in situations not explicitly
covered by Order 39 of CPC, 1908. Therefore, when a case is not
can use its
encompassed by the provisions of Order 39, the Court
inherent powers under Section 151 of the code to grant a temporary
injunction for the sake of justice.

Dalpat Kaur v.
Prahlad Singh, AlR1993 SC276
OReserved with Aasim Yezdani
[(Theory lnvolved Temporary Injunction (Order 39 of CPC, 1908)]
:

For Judicial and

CPC 1908 Semester Exam
:Dalpat Kaur V. Prahled Singh, 1993
Exam Pressure
Order 39 (Aule 1 to 5]

-; Temporary Injunction

FARLIANENSOIn
Aasim
INASEEI Yezdani Scan this QR Code for
explanation on YouTube
Fact
In this case, the legal proceedings unfolded in four rounds:

73
 1) Firstly, the appellant entered into an agreement with the respondent
to buy a house, paid the money, but didn't receive possession
Subsequently, the appellant filed a suit for specific performance
and the court decreed it ex-parte, executing a sale deed.
a suit against the
2) Secondly, the respondent's wife then initiated
taking
appellant, seeking a ternporary injunction to prevent him from
possession. The Trial Court rejected this request. and the
Hich

Court upheld the decision on appeal.

a suit, contending that they
3) Thirdly, the respondent's sons filed
were not bound by the property and sale, and requested partiton
Trial Court and the
along with an ad-interim injunction. Both the
High Court rejected this claim.
4) And lastly, the respondent filed
a suit, alleging fraud by the
appellant, claimingthat appellant
was his counsel. The respondent
temporary injunction to prevent dispossession. The Trial
sought
granted the
Court dismissed the claim, but the High Court
injunction.
Issue
interim injunction i.e.
Whether High Court was right in granting ad
temporary injunction to the respondent?
Supreme Court Observation & Decision
for granting ad interin
Supreme Court laid down certain principles
injunction which involve three key considerations.
a "prima facie case," meaning
1) Firstly, the plaintiff must estatblish
is initial evidence supporting his claim i.e. prima facie the case
there
is in the favour of plaintif.

the Court should ensure there is a risk of "irreparabe

2) Secondly,
injury" to the plaintiff if the injunction is not granted.
of convenience" should favor granting he
3) Lastly, the "balance
to both parties
injunction. The court must weigh potential harm an injunction is
determine if
maintaining the status quo through
necessary until the trial concludes.

74
On ground above principles, Supreme Court held that the High Court
of
error by granting an injunction without sufficient
made a legal evidence
or a strong
irreparable harm prima facie Case.
of

75
 Topic 15
Miscellaneous

Alternative Dispute Resolution

OReserved with Aasim Yezdani
(Question Format :Short Notes)

Section 89 of Code of
civil procedure, 1908 talks
about Settlement of Dispute
Outside the Court. If Court
thinks that parties can settle their dispute through mutual agreement
without going under complex and time consuming judicial process, then
Court may refer the dispute to
a) Arbitration or
b) Conciliation or
c) Judicial Settlement including Settlerment through Lok Adalat or
d) Mediation.
Explanation
a) Arbitration :
is a dispute resolution where parties choose neutral
It
tor
individuals to fairly settle their issues Outside court. It aims
impartial decisions, minimizes delays and costs. Parties can decide
the arbitration details but need a prior agreement.
b) Conciliation: lt is a friendly settlement process where pave
a agreement, seek resolution with the help of d
without prior
impartial third person based on their willingnes.
dispute
c)
Mediation : A
mediator is involved in assisting the
partiesin
themselves
to reach an amicable solution.. The parties in dispute
not impose
set the conditions of the settlement. The mediator does faciltator
as a
acts
his own decisions on the parties but merely
 involved in
improving the coriTunication betneen the
are generally refer paies
Matrimonial disputes to mediaton.

Lok Adalat
: Lok Adalats, set up by the Legal Serices Authortes
d
Act 1987, aim
to quickty settie disputes betore going to oour They
help to resolve disputes amicably in the eariy stages of a
disagreement. No one can appeal against Judgemert grven by Lok
Adalat in any
Court inciuding Supreme Court of India

mechaniism to resohve the dispute outside the Court is

Theaforesaid
as Alternate Dispute Resolution mechanism.
also known

Precept
GReserved with Aasim Yezdani
(Ouestion Format : Short Notes)
Precept is generally an order given by the Court that
A
asissueda
decree to another competent Court, instructing it to attach any properny
oHned by the judgment-debtor.

Section 46 of the Civil Procedure Code, 1908 empowers a court to

issue a precept to another court competent to execute a cecree,
directing the attachment of specified property of the judgment-debtor
within the jurisdiction of that cOurt. The purpose is to prevent the
judgment debtor from disposing of the property unti proper proceedings
for the sale of the property can
take place.
Ine precept does not transfer the decree to the cOurt receiving it
Instead, it serves to keep the judgment debtor's property in check
Iemporarily. The attachment remains valid for two months, extendable
y ne cOurt issuing the precept. or until the decree is transferred tor
execution to the court receiving the precept. This prevents the judgment
eotor from dealing with the property to the detriment of the decree
holder.
After
attachment through a precept, steps are needed. Firstly, an
application under
further
Section 39 of the Code is required to transmit the
decree to
applícation'
the Court responsible for execution. Subsequently, an
for execution of
Court. This the decree must be made to the receiving
process ensures that the necessary legal actions are taken

77
 improving the communication between the parties.
involved in are generally refer to mediation.
Matrimonial disputes

Adalat : Lok Adalats, set up bythe Legal Services Authorities

Lok
d) ainm to quickly settle disputes before going to court. They
Act 1987,
resolve disputes amicably in the early stages of
a
help to
disagreement. No one can appeal against Judgement given by
Lok
Court of India.
Adalat in any Court including Supreme

aforesaid mechanism to resolve the

dispute outside the Court is
The
also known
Resolution mechanism.
as Alternate Dispute

Precept
OReserved with Aasim Yezdani
(Question Format : Short Notes)

generally
is an order given by the Court that has issued a
A
Precept
it to attach any property
decree to another competent Court, instructing
owned by the judgment-debtor.
Code, 1908 empowers a court to
Section 46 of the Civil Procedure
issue a precept to another court
competent to execute a decree,
directing the attachment of specified
property of the judgment-debtor
purpose is to prevent the
within the jurisdiction of that court. The
judgment debtor from disposing of the
property until proper proceedings
for the sale of the property can take place.
to the court receiving it.
Tne precept does not transfer the decree
Instead, it serves to keep the judgment
debtor's property in check
two months, extendatble
lemporarily. The attachment remains valid for
Dy the court issuing the precept.
or until the decree is transferred for
prevents the judgment
execution tothe court receiving the precept. This
to the detriment of the decree
deotor from dealing with the property
holder.
are needed. Firstly, an
hiier attachment through a precept. further steps
to transmit the
CPplcation under Section 39 of the Code is required
to the Court responsible for execution. Subsequentiy,
an
deee
application for made to the receiving
execution of the decree must be
S process ensures that the necessary legal actions are taken

77
 belore the actual exocution of tho decroo, making
facilitator in the execution process, not a direct steptho precopt a
proceedings. in ox0cution

Interpleader Suits
ORoservod with AasimYozdani
(Quostion Format :Short Notos)
An
interpleader suit is a suit in which tho real dispute between
is
defendants only and the detendants interplead (plead against the
each
other) instead of pleading against the plaintiff in an ordinary suit.
Example: Aasim in possession of iphone 15 pro max which is not hie
and wants to hand over it to real owner. Rozy
and Shumayela both
claim Aasim may file an interpleader suit and let Rozy, Shumayela
it.

and Court decide real owner of the iphone 15 pro max.

Section 88 of Code of CivilProcedure, 1908 allows a person holding
money or property, claimed by two or more parties, to file a0
interpleader suit. This suit seeks decision on who rightfuly owns the
money or property. However, it can not be filed if there is an ongoing
Suit that can properly decide the rights of all involved parties.

Indigent Suits
©Reserved with Aasim Yezdani
:
(Question Format Short Notes)
An "indigent person," is
do not have Court
I You are Indigont Porson.
Someone suffering from Fee. Iam very poor. Filo Indigent Suit.
extreme poverty and has no
means to pay Court fees.
Article 39A of the Indian
Constitution addresses this
by providing free legal aid to
the poor and weaker
sections, ensuring justice. Articles 14 and 22(1) further emphasze
state's duty to ensure legal equality and a system promoting justice.

78
Order 33 of the Code of Civil Procedure, 1908 addresses this by
allowing persons to tile as indigent person. lo do So, one must subrnit
an annlication declaring
indigence to the competent court. If the court
rOtthat the person can not afford fees, it declares him indigent
person. Rule 1 to 18 of Order 33 specitically
deals with suits filed by
indigent persons, making9 justice more accessible despite financial
hardships.

Caveat
OReserved with Aasim Yezdani
(Question Format : Short Notes)
Section 148A of Code of Civil Procedure, 1908 addresses the
lodging of a caveat, which is a precautionary measure to prevent one
party from obtaining an ex parte order without notifying the
other party.
A
caveat is a formal warning to the court, judge, or officer not to take a
specific action until the party entering the caveat has an opportunity to
be heard.
Objective of Caveat
1) Tosafeguard the interests of the caveator against potential adverse
orders.
2) To provide an opportunity for the caveator to be heard before any
order is passed.
3) To prevent multiple legal proceedings that could negatively impact
the caveator's interests.
Section 148A of CPC, 1908: Right to Lodge a Caveat
1) Any person with a right to appear before the court concerning a
specific application in a lawsuit can lodge a caveat.
2) Once lodged, the caveator must serve a notice of the caveat to the
party making or expecting to make the application.

an application is filed after caveat, the court must serve a notice

a

of the application on the caveator.

79
4) The applicant, upon receiving notice of the caveat, must provide the
caveator with a copy of the application and supporting documerts
at the caveator's expensSe.
5) A caveat remains in force for 90 days, expiring autornaticaly if no
application is made within this period.
It is important to note that any person wh0se rights or interests rnay be
affected by a court order is eligible to file a caveat. This person may not
necessarily be a party to the suit but must have a legitirnate claim to he
heard.
Effect of Caveat
before ary
Once a caveat is filed, the caveator has the right to be heard
an order withcut
interim order is issued. The court cannot make such
a prerequisite for
serving notice to the caveator, making the notice
interim orders.
Rights and Duties related with Caveat
1) The caveator must serve a notice of the
caveat to the party making
the application.
caveatee (applicant) must provide the caveator with a copy of
2) The
documents.
the application and supporting
caveators.
court is obliged to serve notice of the petition on the
3) The
sufficient time to appear and oppose the
ensuring they have
intended application.

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