ETA LLB Coach CIVIL PROCEDURE CODE 3 AND 5 YEARS LLB UNDER KARNATAKA STATE LAW UNIVERSITY MOST IMPORTANT PREVIOUS YEAR QUESTIONS ALONG WITH ANSWERS By ANIL KUMAR KT Mob: 9584416446Karnataka State law University 3 and 5 Years LLI ANIL KUMAR K T LLB COACH Civil Procedure code and Limitation act Most important previous year questions . Explain the kinds of Jurisdictions? . Write a note on foreign judgements? . State the rules regarding “Transfer of suits” . State the modes of service summons? |. Write a note on Joinder of parties. . Elucidate the essentials contents of a written statement? . Write a note on rejection of plaint. . Explain the various modes of Execution of decree. . What is meant by issues? How issues are framed? State the powers of the court to amend or strike out issues? 10.Write a note on Admissions. 11.State the procedure for instituting a suit by an indigent person? 12.Under what circumstances a reference can be made to High court? 13.Write a note on revision? 14. Limitation bars the remedy, but does not extinguish the rights’ Explain? 15.Once the time has began to run no subsequent disability or inability Stopsit. Discuss. 16.‘A’ wife refused to returns to her husband and allow him the exercise of conjugal rights. What is the period of limitation for ‘A’ Decide? 17.Explain the essential ingredients of summons. What are the different modes of service of summons to defendant? 18.Explain the purpose for which commission can be appointed? What are the powers of Commissioner? 19.Who may be joined as plaintiff and defendants? What are the effects of misjoinder and non-joinder of parties? 20.What is attachment? Explain the properties which are not liable for attachment and sale in execution of a decree. 21.What is appeal? Explain the various types of appeal provided under Civil procedure code. 22.What is legal disability? Discuss the provisions in the limitation act affording protection under such disability?23.Discuss the provisions of CPC in respect of place of suing 24.Discuss about reference under CPC. 25.Write a note Caveat petition? 26.Write a note on Affidavit? 27.Briefly describe the various stages of suit? 28.Discuss the provisions of the Civil Procedure Code, 1908 for granting temporary injunctions. 29.€xplain the procedure for attachment and sale of immovable property for execution of a decree. 30.What are costs? Explain the different types of costs awarded in civil cases. 31.What is the special procedure to be followed in a suit by or against partnership firm? 32.What is meant by executing court? What are its powers? 33.Write a note on pecuniary jurisdiction? 34.Write a note on fraud on period of limitation? 35.Explain the provisions of CPC relating to the parties to the suit, their joinder, misjoinder and nonjoinder? 36.Define the term judgement and decree and state the difference between the judgement and decree. 37.Explain the general principles of execution of decree. 38.£xplain the provisions of CPC relating to the discovery, inspection and production of documents. 39.Discuss the provisions of limitation act relating to the exclusion of time in legal proceedings. 40.Write a note on Adjournment? 41.Write a note on Inter pleader suit? 42.€xplain the general rules of Pleading? 43.What is Re Judicata? Explain the conditions to constitute of Re Judicata? 44.Whether death of a party to a suit abate the proceedings? Explain applying rules under order XXII of CPC 1908/ 45.Describe the provisions relating to institution of suit? BY ANIL KUMAR K T LLB COACH1.Explain the kinds of Jui ions? Introduction: It can be said that Jurisdiction is the limit of a judicial authority. It is the extent to which a court may exercise its authority over suits, cases, appeals, etc. It has not been defined in the Code of Civil Procedure (hereinafter referred to as “CPC’), It was derived from two Latin words: juris and dicto. Jurisdiction determines the competency of the court to try the matter. Often people attach a wrong meaning to jurisdiction. They tend to have a false belief that a court’s jurisdiction can only be determined by its geographical limits, but that’s not true. There are different kinds of jurisdiction. Therefore, it would be incorrect to classify jurisdiction into only one kind i.e., territorial jurisdiction. Kinds of Jurisdiction of Original Jurisdiction When the court has authority or power to try the matter, decide cases, suits, etc in that court in the first instance would be called its original jurisdiction. Appellate Jurisdiction Appellate Jurisdiction is referred to as the power or authority conferred upon a superior court to re-adjudicate a case that has already been adjudicated by a lower court before. Foreign Jurisdiction As per Section 2(a) of the Foreign Jurisdiction Act, 1947, Foreign jurisdiction is defined as “any jurisdiction which by treaty, agreement, grant, usage, sufferance or other lawful means the Central Government has for the time being in or in relation to any area outside India” Exclusive Jurisdiction This bestows power on particularly only one court to decide a case. In case of exclusive jurisdiction, no other court would have the power to try those cases which are being tried by courts having exclusive jurisdiction to try those cases.Concurrent Jurisdiction In case of concurrent jurisdiction, the party is free to approach any of the courts that have share such concurrent jurisdiction. Concurrent Jurisdiction is when various courts have jurisdiction over the same case. Territorial Jurisdiction Territorial Jurisdiction is where the geographical boundaries and limits determine the jurisdiction of civil courts. The geographical boundaries are clearly demarcated in the case of such a jurisdiction. Section 16 to Section 20 of the CPC talks about the Territorial jurisdiction civil courts. According to Section 16 of Civil Procedure Code, where the subject matter is situated or located, the suit must be instituted there. Hence, for the partition of immovable property, suits for the recovery of immovable property with or without rent or profits, sale or redemption in the case of a mortgage of or charge upon immovable property, for foreclosure, or the determination of any other right to or interest in immovable property, for compensation for wrong to immovable property, for the recovery of movable property actually under distraint or attachment shall be instituted in the Court within the local limits of whose jurisdiction the property is situated unless it is subject to pecuniary jurisdiction or other limitations in accordance with the law. Pecuniary Jurisdiction As the name suggests, this jurisdiction takes the monetary value of the case or suit into consideration. Only if the court has the authority in terms of the suit’s financial value to try the suit, the suit would be instituted in that court. Section 15 of the CPC talks about the pecuniary jurisdiction of civil courts. It states Every suit shall be instituted in the Court of the lowest grade competent to try it.” This tries to reduce the burden of a court of a higher level. Jurisdiction as to Subject Matter The subject matter of the suit is of immense value and importance while deciding the jurisdiction. Certain courts do not possess the Authority to try certain issues pertaining to a particular subject matter. If it is determined thata court does not possess the jurisdiction to try that specific subject matter, no suit can be instituted in that particular court. Section 9 of the Procedure Code Section 9 of the CPC states that a court has the jurisdiction to try all suits of a “civil nature” except suits on which their cognizance is either “expressly and impliedly barred”. This implies that a civil court unless the suit is of civil nature and the cognizance of which is neither expressly nor impliedly barred, a civil court may not have the jurisdiction to try it. Conclusion The jurisdiction of civil courts as given in the CPC is quite vast and therefore, it becomes crucial to study those in detail. It is necessary to understand that unless a suit is of civil or is express or impliedly not barred by law, a civil court cannot try it. 2.Write a note on foreign judgements? Introduction: Indian legal system is based on Common Law System. The Civil Procedure code, 1908 (C.P.C) deals with the foreign court and foreign Judgement. Section 2(5) of the code defines a “foreign court” as a court situated outside India and not established or continued by the authority of the Central Government. Section 2 (6) of the code defines “Foreign Judgement” as the judgment of the foreign court. Section 13, 14 and 44 of the Code deals with the foreign judgment or decrees. Jurisdiction of Foreign Court The following Circumstances would give jurisdiction to foreign courts: 1. Where the person is a subject of the foreign court in which the judgment has been obtained. 2. Where he was a resident in the foreign country when the action was commenced and summon was served on him.3. Where the person in the Character of plaintiff selects the foreign court select the forum for taking action in which forum he issued Section 13 of the Code has provisions regarding the binding nature of the foreign Judgement. It states that the Foreign Judgement shall be shall be Conclusive as to any matter thereby directly adjudicated upon between the same parties under whom they or any of them Claim litigating the same. There are certain exceptions where the Foreign Judgement has not been Pronounced by a court of Competent Jurisdiction or it has not been given on the merits of the Case or where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; or the Proceedings the Obtained judgment was obtained are opposed to natural justice. In case the judgment has been obtained by fraud or sustaining the Claim founded on a breach of any law in force in India. Foreign Judgement When not Binding Under section 13 of the Code, a foreign judgment is Conclusive and operates as res Judicata between the parties thereto except in the cases a)when the foreign judgment is not by a competent Court; b) Foreign Judgement not on merits: c) Foreign Judgement against the international or Indian Law: d) Foreign Judgement opposed to natural justice; e) when the judgment is obtained by the fraud: and when the Judgement is founded on the breach of Indian Law. The Court shall presume, upon the production of any document supporting to be a certified copy of a foreign judgment was pronounced by the Court to Competent Jurisdiction, unless the Contrary Jurisdiction unless the contrary appears on the record but such presumptions may be displaced by proving want of Jurisdiction. 3.State the rules regarding “Transfer of suits” Power of the Court to Transfer SuitsIf a case to be decided may be filed in various jurisdictions of court, then a person may get his case transferred from one court to another. Before filing the application of transfer of case, the party has to send notice to the opposite party as well. For getting the case transferred, the party has to raise the objection at the earliest opportunity stating the reasons for a case to get transferred. To What Court Application Lies A person filing objection for transfer of case from one court to another shall submit his application in the manner prescribed:- 1. If the multiple courts having jurisdiction to try a case are subordinate to the same appellate court, then the application shall lie in that appellate court. For example, if courts X and Y have jurisdiction to try a case, and both the courts are subordinate to an appellate court, Z. Then the application shall lie to Zcourt. 2. If the different courts have jurisdiction to try a case are subordinate to the same high court but different appellate courts, then the application shall lie to that high court. For example, both Karkardooma and Saket court are having jurisdiction to try a case, and their appellate court is not the same, but both the courts are subordinate to the same high court that is the High Court of Delhi. So the application shall lie in the High Court of Delhi.3. If the courts having jurisdiction are situated in two different states and are not subordinate to the same high court, then the application shall be given in that high court within whose jurisdiction that court is situated where the proceedings firstly started. Power of Court to Transfer and Withdraw Case 1. The high court or district court may transfer or withdraw a case on the application of any of the parties to the suit or suo-moto (on its own). Before transferring, the court shall give notice to the parties and hear their objections and then transfer the case. 2. The transfer may be of a suit, appeal, or any proceedings. The court transferring shall transfer it to the court subordinate to him. 3. The high court or district court may also withdraw a case from one court and try itself or transfer it to another court for disposing it or may also re-transfer to the court from which case was withdrawn. 4. The transferee court may either try the suit from the stage it was transferred or may try it from the beginning. 5. Transfer may also take place from such a court which has no jurisdiction to try that case. Power of Supreme Court to Transfer Suits 1. Any party to the suit may submit an application in the Supreme Court under section 25 of the Civil Procedure Code for the transfer of a case.2. The Supreme Court, after receiving the application, shall give notice to the parties for hearing. 3. If the Supreme Court is satisfied that a case needs to be transferred, then it may transfer it to the desired court to obtain ends of justice. 4, The Supreme Court deals with inter-state (between states) transfer of a case and not intra-state (within same state) transfer. 5. The application to be given in the Supreme Court for transfer of case shall be supported with an affidavit. 6. The transferee court (court to which case is transferred) may, in its discretion, either try the suit from the beginning or from the stage it was transferred. 7. If the Supreme Court, for any reason, finds that the application filed is frivolous or vexatious, then the court may impose a sum of not more than two thousand rupees to be paid by the applicant as compensation. 4.State the modes of service summons? The Civil Procedure Code, 1908 provides for the following modes of service[iii] of summons: 1. Service by Court Order V, rule 9 states that where the defendant or his agent empowered to accept the service resides within the jurisdiction of the Court in which suit is instituted, the summons shall be delivered or be sent to the proper officer to be served or sent to a Court-approved courier service. Sub-rule (3) of this rule states that such a service may be made by delivering or transmitting a copy byregistered post acknowledgement due to either the defendant or such agent by speed post or a Court approved courier service. 2. Service by Plaintiff As per the provisions of Order V, Rule 9A, in addition to the service of summons under rule 9, the Court may, on an application by the plaintiff, permit such plaintiff to affect the service of summons upon the defendant. If such service is refused, or if the person served refuses to sign the acknowledgement of service or for any reasons the summons were not served personally, then, the Court shall reissue such summons on an application of the party. 3. Service on Agents Order V, Rule 13 states that when a suit regarding business or work is filed against a person who does not reside within the jurisdiction of the Court issuing summons, then the summons being served on any manager or agent personally carrying out such business or work shalll be considered god service Order V, Rule 14 states that when in a suit to obtain relief with respect to immovable property service cannot be made on the defendant or his agent empowered to accept such service then the service must be made on any agent of the defendant who is in charge of the property. 4. Service on Adult Member of Family According to the provisions of Order V Rule 15, where the defendant is absent from his residence at the time of service of the summons and there is no likelihood of him being found within a reasonable period of time and he has no agent empowered to accept service on his behalf, the service may be made to any adult member of the family residing with him. 5. Service When Defendant Refuses to Accept Service Rule 17 of Order V provides for the procedure when the defendant refuses to accept service or cannot be found after due and reasonable diligence. In such a case, the serving officer must affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain. The serving officer shall thereafter return the original summons to the Court that issued it along with his report stating that he affixed the copy, the circumstancesunder which he did so, and the name and address of the person who identified the house and in whose presence the copy was affixed. 6. Substituted Service The provisions of Order V, Rule 20 provide for substituted service. Such a mode of service can be adopted by the Court when it is satisfied that the defendant is keeping away for the purposes of avoiding service or for any other reason the service cannot be made in an ordinary manner. This legal position was reiterated in Dhal Singh Kushal Singh v Anandrao Kakdeliv]. As per this rule, the Court shall order that a copy of the summons be affixed on some conspicuous place in the Courthouse and also on some conspicuous part of the house in which the defendant is known to have last resided or carried on business or personally works for gain. 7. Service When Defendant Resides Within Jurisdiction of another Court When the summons is to be served upon a defendant residing in the jurisdiction of another Court, then, as per Rule 21 of Order V, the Court issuing the summons may send it to the other Court through one of its officers or by post, or by Court- approved courier service or by fax message or email. 8. Service on Defendant in Prison Rule 24 of Order V of CPC states that when a defendant is confined in a prison, then, the summons may be sent or delivered to the officer in charge of the prison by post, courier, fax message, email or any other means as provided under the rules made by the High Court. 9. Service of Summons Abroad As per Rule 25 of Order V, when the defendant resides out of India and has no agent in India empowered to accept service, then, the summons shall be sent to the defendant at the place where he is residing and send the same to him by post, courier service, fax message, or email 5.Write a note on Joinder of parti Introduction: Joinder of parties means to add all persons concerned in a particular dispute to the suit. Parties can be joined at anytime, subjected to the conditions laid down in the Code. Order 1 Rule 1 of the Code states when a person may be joined as plaintiff:“1. Who may be joined as plaintiffs. — All persons may be joined in one suit as plaintiffs where— (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and (b) if such persons brought separate suits, any common question of law or fact would arise” The Code clearly provides that, a party may be joined at any time as a plaintiff provided that they must have right to claim a relief, either rising from the same act(s) or same transaction(s) based on which the suit was filed. When a separate suit is filed by the parties, there should exist a common question of law or fact, for them to be joined as plaintiffs. The first landmark case which discussed this provision was the case of Haru Bepari and Ors. vs. Roy Kshitish Bhusan Roy Bahadur and Ors.[2], where it was held that, “The conditions which rendered the joinder of several plaintiffs permissible under Order |, Rule 1. C. P. C. do not necessarily imply that there can be only one cause of action in the suit in which the several plaintiffs join”. This view was accepted by many other judgments that followed this case. It is key to note the decision given by the Bombay High Court in the case of Paikanna Vithoba Mamidwar and Anr. vs. Laxminarayan Sukhdeo Dalya and Anr.[3], where the Court decreed that, “It is not, therefore, necessary any more that there must be identity of interest or identity of causes of action. What is necessary is the involvement of common question of law or fact.” Similar provision was provided to the defendants within the Code prescribed in Order 1 Rule 3, which states that: “2. Who may be joined as defendants. — All persons may be joined in one suit as defendants where— (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist against such persons, whether jointly, severally or in the alternative; and (b) if separate suits were brought against such persons, any common question of law or fact would arise.” Thus, the condition for joinder of defendant is the same as the conditions laid down for the joinder plaintiffs. This was provision explained by the Supreme Court in Bachu Bhai Patel vs. Harihar Behera & Anr.[4], where it seen that: “This Rule requires all persons to be joined as defendants in a suit against whom any right to relief exists provided that such right is based on the sameact or transaction or series of acts or transactions against those persons whether jointly, severally or in the alternative. The additional factor is that if separate suits were brought against such persons, common questions of law or fact would arise. The purpose of the Rule is to avoid multiplicity of suits.” It was further observed in this case that when Order 1 Rule 3 and Order 2 Rule 3 are read together, it signifies that the question of joinder of parties also includes the joinder of causes of action. The basic principle is that when causes of action are joined, the parties are also joined, since the cause of action is raised against the party. Order 2 Rule 3 states: “3, Joinder of causes of action.—(1) Save as otherwise provided, a plaintiff may unite in the same suit several causes of action against the same defendant, or the same defendants jointly; and any plaintiffs having causes of action in which they are jointly interested against the same defendant or the same defendants jointly may unite such causes of action in the same suit. (2) Where causes of action are united, the jurisdiction of the Court as regards the suit shall depend on the amount or value of the aggregate subject-matters at the date of instituting the suit.” Thus, in cases where parties are involved in the same transaction or where they are moving for the same cause of action, they can be joined within the same suit, either as plaintiffs or defendants. However, this action depends on the discretion of the Court. 6.Elucidate the essentials contents of a written statement? Meaning of written statement Awritten statement is the statement of the defendant in his defence in which he either admits the claims or denies the facts alleged by plant leaf in his plaint. The defendant can State New facts of the case and legal objections against the claim asked by the plaintiff. Order VII! Rule 1 of the civil procedure code provides that, after the service of summons, the defendant should file the written statement within 30 days. But in case if the defendant fails to submit it before 30 days, Then he can file his statement within 90 days as the Court allows him to do so. Essentials of the written statement + The defendant has to appear in court on the date mentioned in the summons. + Before the date of appearing in the court, the defendant needs to file the written statement in the court.+ The statement should deny or accept the allegations imposed on him. Any allegations which are not answered by the defendant are deemed to be accepted by the defendant. The statement must contain the verification of the defendant by stating that the content written in the statement is true and correct as per the knowledge of the defendant. If the defendant fails to submit the written statement before 30 days, he can seek the court to extend the time, in that case, the court may extend the time period upto 90 days. Rules related to the Written statement All the rules related to the written statements are given under Order Vill or the civil procedure code. So let’s know about every rule: Order Vill Rule 1 Order Vill Rule 1 provides that, when the defendant received the summons by which he came to know that a lawsuit has been filed against him he has to file the written statement within 30 days from the date when he received the summon. if the defendant fails to submit it within 30 days, the court may extend this time up to 90 days The court will record the legitimate reason of the defendant for the delay. The time period cannot be extended more than 90 days. The judge can charge some cost if the defendant fails to file the statement within 30 days. If the defendant fails to file the written statement within 120 days from the date of the service of summons (30+90), the court shall forfeit the defendant's right to submit the written statement. After the expiry of 120 days, the court shall pronounce the judgement. Order Vill Rule 1A This rule talks about the protection and production of the document the defendant relies upon. According to this rule, the document which is the base of the defence given by the defendant should be delivered to the court on the date of filing the written statement and by attaching the duplicate copy of this document. The document can be related to the set-off or counter-claim.If the document is not in his possession, then the defendant has to state this in whose possession it is. If the defendant fails to produce such document at the time of filing statement, the court will not allow him to submit that document as proof in the lawsuit, without the leave of the court. Order VIII Rule 2 is related to the new facts which should be pleaded. The rule says that the defendant must have raised the important facts related to the case which shows that the suit is not maintainable, or the transaction which is in the issue is made by a void or voidable contract etc. These facts will help the defendant to win the case because these facts can be related to the limitation and fraud etc. Order Vil! Rule 3 says that the denial made by the defendant in a written statement must be specific, not general except in the case of damages. Order VIII Rule 3A If the defendant is accepting any fact, he can provide the general answer but if he is denying any fact then he must have given the reason behind that why he is denying the particular fact. This rule also deals in case if the defendant challenges the jurisdiction of the court for that lawsuit. He must have provided the specific grounds for that. Order VIII Rule 4 Evasive Denial- when the defendant is making the denial of any fact, the denial must be clear and easy to understand. For example, if the plaint has alleged that the defendant had received a particular amount, and if the defendant wants to deny this fact, he must have denied that he did not receive that sum or any part. Also, if he received the sum but not a particular amount which is alleged, then he must have written how much amount he received. Order Vill Rule 5 Specific Denial- + It talks about specific denial that the defendant must have to deny specifically. If the defendant does not take necessary implications or just give the statement that the fact stated in the plaint is not admitted, it will be considered as the defendant has admitted the facts given in the plaint. This rule does not apply to disabled people. + The rule clearly says that the person must have given the specific reason that why he is denying the fact given into the plaint. Hecannot just say that | AM NOT ADMITTING THIS FACT. He must be specific on this answer. The rule also provides that if the defendant fails to submit his written statement in the court on time, the court may decide its judgement on the basis of the facts provided in the plaint by the plaintiff. This rule is not applicable to disabled people. Also, the court may ask the plaintiff to provide evidence to prove his fact alleged in the plaint. The court will provide the decree of the court after pronouncing the judgement in the court, even though the defendant was unable to submit his statement. Z.Write a note on rejection of plai Introduction: The provisions of Order VII of the civil procedure code,1908, specifies some grounds for rejection of paint. That provision enables the court to dismiss the lawsuit at any stage. There are many grounds for rejection of the plaint. In this article, we discuss all the reasons as grounds for dismissal of the suit. The civil procedure code has a large sense, that has covered all kinds of litigation in civil nature. When any litigation file as a lawsuit, whether in the civil court or commercial court. Under the law, the civil procedure code,1908, govern all types of litigation that are covered in civil nature. Grounds for rejection of plaint: Order Vil Rule 11 of CPC, has covered the following types of various grounds and circumstances, after considering all legal aspects the court, can reject the plaint. Order VII rule 11 (a), lack of the cause of action in the plaint: The absence of cause of action is one of the reasons for the rejection of the plaint. Because the cause of action is a crucial part of the lawsuit, on that basis the suit can be the final verdict. The cause of action covered order II rule 2 of the CPC. the reason must be specifically mentioned in the plaint. The lack of cause of action in the suit results in the rejection of the plaint.Every litigation starts with some specific cause of action, so without any grievance, no one can file litigation against another. As per the provision of order II rule, 2 has also specified that the same cause of action can not be laid for more than one. The main aims of this provision, are a plaintiff must be included all of the cause of action in a single suit. As well the plaintiff has the right to omit part of his claim. Joint cause of action: As per the provision of Order II rules 4 of the civil procedure code, a plaintiff can not lay the joint cause of action against the defendant or more than one defendant. If a plaintiff wants to do so he has to get prior permission from the court. inder of Cause of Action: Multiple causes of action can not be laid in the suit. If that type of cause of action is joined by the plaintiff in the suit. then all objections regarding the misjoinder of causes of action should be taken at an earlier stage. If no objection is raised to the misjoinder, this right is believed to be waived. In the case of Roop Lal Sathi Vs. Nachhattar Singh,(AIR 1982 SC 1559), the supreme court observed that It is trite law that not any particular plea has to be considered, and the whole Plaint has to be read. Only a part of the plaint cannot be rejected and if no cause of action is disclosed, the Plaint as a whole must be rejected. (1). In the case of Md. Akhtar Hossain vs Suresh Singh And Ors,(AIR 2004 Cal 99), the Calcutta high court held, Plaintiff, cannot avoid consequences by clever drafting of pleadings and creating confusion in minds of Court regarding the cause of action. {2]. Order VII rule 11 (b), The relief claimed is undervalued of the suit: As per this provision, if a claim made by the plaintiff being undervalued, or demand made is less the actual value, in that situation the court can order the plaintiff for revaluating the suit, within sufficient time given by the court. If the plaintiff fails to do so, the said plaint can be rejected on such grounds.(Order Vil Rule 11(c), Insufficient Stamps du As per the provision of the Court Fee Act, 1870, every lawsuit has to paid sufficient court fees at the time of institution of the suit. The court can reject the plaint on the ground of inefficient stamp duty. However, the court approach can be liberal before the rejection of the suit. The court can give a reasonable time to the plaintiff to correct his mistake. But if the plaintiff fails to amend the situation, then the court can reject the Planit with record reason. (Order VII Rule 11(d), If the sul barred by the law: The provision of Order VII rule 11(d), deals with the rejection of suit, which is prohibited by law. If the plaintiff filed a suit that is barred by any law, held he has no right to the institution such suit. It might be the reason for the rejection of the ground of a suit. [Order Vil Rule 11(e), When the plaint not filed in duplicate: As per this provision, when the plaintiff files a suit, he has to file a duplicate copy of the suit along with the original suit, which is a mandatory provision of the civil procedure code. If a plaintiff fails to fulfill that procedure the court can reject the suit. (Order Vil Rule 11(f), When a plaintiff fails to comply with the provisions of rule 9: When the plaintiff fails to provide a list of documents that are relied upon by him, as well as not submit some copies which are a basic requirement at the time of filing a suit. The court can order to reject the suit on that ground too. In the case of Salem Advocate Bar Association, Tamil Nadu vs. Union of India AIR 2003 SC 189, the supreme court observed that, O. 7, R.11 to which clauses (e) and (f) have been added enable the Court to reject the plaint where it is not filed in duplicate or where the plaintiff fails to comply with the provisions of Rule 9 of Order 7. It appears that the said clauses being procedural would not require the automatic rejection of the plaint at the first instance. If there is any defect as contemplated by Rule 11(e) or non-compliance as referred to in Rule 11(f), the Court should ordinarily give an opportunity for rectifying the defects, and inthe event of the same not being done the Court will have the liberty or the right to reject the plaint.[3]. Modes of rejecting a plaint: Here is two modes can be applied for the rejection of plaint, the first one is the defendant can apply at any stage of the suit proceedings. And the second is Sue moto's rejection, which is filed by the court itself by using sue moto power according to the provision of CPC. Conclusion: The civil procedure code,1908, order VII rule 11, provides various grounds for rejection of the plaint. As per these provisions, the plaintiff needs to care while filing a suit against the defendant. As well, we can say, that provision also enables the defendant to get the appropriate defense in the suit. 8.Explain the various modes of Execution of decree. Mode Execution Of Decree: As per section 51: “51, Powers of Court to enforce execution. Subject to such conditions and limitations as may be prescribed, the Court may, on the application of the decree-holder, order execution of the decree— (a) by delivery of any property specifically decreed; (b) by attachment and sale or by the sale without attachment of any property; (c) by arrest and detention in prison 3 for such period not exceeding the period specified in section 58, where arrest and detention is permissible under that section]; (d) by appointing a receiver; or (e) in such other manner as the nature of the relief granted may require” Modes of Execution: 1 Specific Movable Property: When the decree is for any specific movable property, the execution can take place in any of the following made (a) by seizure and delivery of the property. (b) By detention of the judgment debtor. (c) By attachment of his properly.(d) By attachment and detention both. Money is not covered within the definition of movable property and there is separate procedure for money decree. 2.Money Decree: Money decree involves payment of money and the prescribed mode for execution includes notice to the judgment debtor, attachment of his movable and immovable properties and sale thereof. The executing court also has a power to order arrest and imprisonment of judgment debtor in exercise of its jurisdiction within the framework prescribed under the law. 3.Document And Negotiable Instruments: If the decree is for execution of a document, the process of execution involves signing of such documents by the judgment debtor. When judgment debtor neglects or refuses to obey or comply with the decree, the court shall after giving opportunity to the decree holder as well as to the judgment debtor, prepare the draft of the document in accordance with the terms of the decree and execute such document. Such document shall have same effect as the execution of the document by the party himself. 4.1mmovable Property: A court executing a decree has the power to attach the property and sell the property or portion thereof which is sufficient to satisfy the decree. After such attachment the first step is issuing proclamation of sale. Such a proclamation shall be prepared after notice to both the sides. 5.Arrest And Detention: In the execution application the decree holder can insist that the decree be executed by arrest and detention of the judgment debtor. If such a prayer is made in execution application, the court will instead of issuing a warrant, issue a notice calling upon the judgment debtor to appear before the court on a day to be specified in the notice and show cause why he should not be committed to civil prison. Such a notice will not be necessary if the court is satisfied by affidavit or otherwise that such notice will result in delay in the execution proceeding or the judgment debtor is likely to abscond or leave local limits of the court.if the notice is not complied warrant for arrest will be issued. Such warrant may direct that unless the specified amount is paid the person should be brought before the court.9.What is meant by issues? How issues are framed? State the powers of the court to amend or strike out issues? Framing of Issue: Order XIV of the code of civil procedure, 1908 states that it is the duty of the court to frame issues from Material Propositions. Here material propositions means those propositions of law or fact which a Plaintiff must allege in order to show a right to sue or a Defendant must allege in order to constitute his defence. Meaning of Issue: A single material point of fact or law in litigation that is affirm by the one side and denied by the other side is called an Issue. Framing or non-framing of issues in case of Ex-parte decree: Court should only made issues when defendant has made his defence against the suit through submission of his written statement. However, court should not frame issues when the defendant has not appeared before the court. Kinds of Issue: There are two types of issues issue of Fact 2.lssue of Law. Object of framing of Issue: Object is to ascertain the real dispute between the parties by narrowing down the area of conflict and determining where the parties differ. Matters to be considered before framing of Issues: 1.The court shall read the plaint and written statement before framing an issue to see what the parties allege in it. 2.According to Order X, Rule 1 of Code of civil procedure, 1908 it permits the court to examine the parties for the purpose of clarifying the Pleadings, and the court can record admission and denials of parties in respects of an allegations of facts as are made in Plaint and written statement. 3.f any party admitted any fact or any document then no issues are to be framed with regards to those matters, and the court will pronounce judgments respecting matters which are admitted. 4.The court may ascertain upon at what material propositions of law or fact the parties are at varies. 5.The court may examine the witness for the purpose of framing of issues. 6.The court may also in the framing of issues take into consideration the evidence laid in the suit. When a material point is not raised in the pleadings, and it is noticed by the court during the course of evidence the court can frame an issue regarding it and try it.7.Order XIV Rule 4 states that where the Court is of opinion that the issues cannot be correctly framed without the examination of some person not before the Court or without the inspection of some document not produced in the suit, it may adjourn the framing of the issues to a future day, and may (subject to any law for the time being in force) compel the attendance of any person or the production of any document by the person in whose possession or power it is by summons or other process. Amendment or Strike out Framed Issues: At any time before passing of decree, court can amend framed issues on those terms which it deems fit. However, such amendments of framed issues would be necessary for determination of matters in controversy between parties. At any time before passing of decree, court can amend framed issues specially when it appears to the court that such issues have been wrongly framed or introduced. Regarding amendment of framed issues court also has a mandatory power, in fact, court is bound to amend framed issues especially when such amendments are necessary in determination of matters in controversy, when framed issues do not bring out point in controversy or where framed issues do not cover entire controversy. Court can amend or strike out framed issues at any stage before final disposal of suit. Conclusion: Issues are of great importance not only for parties but also for court. Parties are require to prove or disprove framed issues and not pleadings, and on the other hand, court is bound to give decision on each framed issue and therefore court is not bound to decide those matters on which no issues have been framed. 10.Write a note on Admissions. ORDER XII OF CIVIL PROCEDURE CODE (CPC) ~ ADMISSION 1. Notice of udenissi Any party to a suit may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party. 2. Notice to admit documents.Either party may call upon the other party to admit, within fifteen days from the date of service of the notice any document, saving all just exceptions; and in case of refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, unless the Court otherwise directs; and no costs of proving any document shall be allowed unless such notice is given, except where the omission to give the notice is, in the opinion of the Court, a saving of expense. 2A. Document to be deemed to be admitted if not divided after service of notice to admit documen (1) Every document which a party is called upon to admit, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of that party or in his reply to the notice to admit documents, shall be deemed to be admitted except as against a person under a disability: Provided that the Court may, in its discretion and for reasons to be recorded, require any document so admitted to be proved otherwise than by such admission. (2) Where a party unreasonably neglects or refuses to admit a document after the service on him of the notice to admit documents, the Court may direct him to pay costs to the other party by way of compensation. 3. Form of notice. A notice to admit documents shall be in Form No. 9 in Appendix C, with such variations as circumstances may require.3A. Power of Court to record admission. Notwithstanding that no notice to admit documents has been given under rule 2, the Court, may at any stage of the proceeding before it, of its own motion, call upon any party to admit any document and shall in such a case, record whether the party admits or refuses or neglects to admit such document. 4. Notice to admit acts. Any party, may, by notice in writing, at any time not later than nine days before the day fixed for the hearing, call on any other party to admit, for the purposes of the suit only, any specific fact or facts, mentioned in such notice. And in case of refusal or neglect to admit the same within six days after service of such notice, or within such further time as may be allowed by the Court, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, unless the Court otherwise directs: Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular suit, and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice: Provided also that the Court may at any time allow any party to amend or withdraw any admission so made on such terms as may be just. 5. Form of admissions. A notice to admit facts shall be in Form No. 10 in Appendix C, and admissions of facts shall be in Form No. 11 in Appendix C, with such variations as circumstances may require.11.State the procedure for ig a suit by an igent person? Suits by Indigent Person Order XXXIII of the Civil Procedure Code talks about suits by indigent persons. Section 304 of Criminal Procedure Code, and Article 39A of the Indian Constitution respectively mention, legal aid to accused at state expense in certain cases, and equal justice and free legal aid. Who is an Indigent Person? Indigent means poor, penniless, pauper. A person is an indigent person who is not having sufficient means to pay the fee for the plaint or where no such fee is prescribed, he is not entitled to property worth rupees 1,000. Order XXxXIII of the Civil Procedure Code provides remedy to those who need to institute a suit for the enforcement of their rights but are so poor that they cannot afford expenses on court fees etc. The object behind this order is that poverty should not come in the way of getting justice. Suits by Indigent Person «Who is an Indigent Person? Application for Permission to Sue as Indigent «Presentation of Application «Examination of Applicant +Who may Appeal as an Indigent Person? «Period of Limitation +Procedure to Sue as an Indigent Person if Application is Admitted +Rejection of ApplicationApplication for Permission to Sue as Indigent A person may sue as an indigent person only when the court so permits him. When the application is made for permission to sue as an indigent person, every inquiry shall be made in the first instance. An application for permission to sue as an indigent person shall contain the following particulars- 1. Particulars received in regard to plaint in a suit. 2. List of movable/immovable property belonging to the applicant with the estimated value. 3. Signature and Verification. Presentation of Application The application shall be presented to the court by the applicant in person (not by any third party), but if he is exempted from personal appearance, an application may be presented by an authorised agent. But the agent must be able to answer the questions regarding the application. Examination of Applicant Where the application is in proper form and duly presented, the court may examine the applicant or his agent regarding the merits of the claims and property of the applicant. To sue as an indigent person, 7 days before notice in writing shall be given to the defendant. The court shall decide a date for adducing evidence in support of the application. After the satisfaction of the court, it shall be deemed theplaint in the suit, and the suit shall proceed as a suit instituted in an ordinary manner. Who may Appeal as an Indigent Person’ Order XLIV of the Civil Procedure Code talks about appeals by indigent persons. Any person who is entitled to file an appeal but unable to pay the necessary court fee may obtain the permission of the court to appeal as an indigent person. For this purpose, he may present an application to the court, along with a memorandum of appeal. The court may allow the applicant to appeal as an indigent person, subject to the provisions relating to suits by indigent persons. The application for leave to appeal as an indigent person must be filed within 30 days. But in case of appeal before the High Court, such a period is 60 days from the date of the decree when passed. If there is no reason to reject the application, the court shall fix a day for receiving evidence in proof or disproof of the indigence of the applicant. At least 10 days clear notice shall be given to the opposite party and the government pleader. Procedure to Sue as an Indigent Person if Application is Admitted Where the application for permission to sue as an indigent person is granted, it shall be numbered and registered. It shall be deemed the plaint in the suit, and the suit shall proceed as if it was instituted in an ordinary manner.But the plaintiff shall not be liable to pay any court fee or process fee. The plaintiff shall also not be liable for any fee for the appointment of a pleader. Ifa person has been allowed to sue as an indigent person, but he is not represented by a pleader, the court may assign a pleader to him. ithdrawal of Permission to Sue as an Indigent Person The defendant or government pleader may apply to the court for the withdrawal of permission granted to the plaintiff. Rej n_of Appi jon The Court shall reject an application for permission to sue as an indigent person- 1. Where it is not framed and presented in the manner prescribed by rule 2and rule 3, or 2. Where the applicant is not an indigent person, or 3. Where he has, within two months next before the presentation of the application disposed of any property fraudulently or in order to be able to apply for permission to sue as an indigent person: Provided that no application shall be rejected if, even after the value of the property disposed of by the applicant is taken into account, the applicant would be entitled to sue as an indigent person, or 4. Where his allegations do not show a cause of action, or5. Where he has entered into any agreement with reference to the subject matter of the proposed suit under which any other person has obtained an interest in such subject matter, or 6. Where the allegations made by the applicant in the application show that the suit would be barred by any law for the time being in force, or 7. Where any other person has entered into an agreement with him to finance the litigation. 12.Under what circumstances a reference can be made to High court? Reference is dealt under Section 113 of the Code. It mentions that a subordinate court can refer a doubt to the High court where the former thinks that there should not be misinterpretation with regard to any law. This is called a reference. No party to the suit has the right to apply for reference. It is only the subordinate court which has the power of reference suo-moto (on its own motion) when there is doubt regarding the validity of any legal provision. For matters other than the validity of legal provisions, the court is not bound to refer to the High court. So, when the court feels that it needs clarification regarding any matter which is pending, it can seek an opinion from the High court to avoid the commission of errors while rendering a judgement. If there is reasonable doubt regarding the question of law, subordinate courts can exercise the right of reference under the following situations when: A question as to the validity of any act, rule, regulation, ordinance, etc., arises in the court where the suit is being entertained The court is of the opinion that such act or any other provision of law is invalid (“ultra vires” means “beyond the powers”) or inoperative Such question on the provision of law is never before made invalid either by the High court or Supreme court Itis pertinent for determining the validity of such provision of law for disposal of the suit Order 46 of the Code lays down the conditions which should be satisfied by the subordinate court in order to make a reference to the High court. They are:The suit or appeal must be pending wherein no further appeal lies from decree or order of such suit or appeal respectively The question of law must arise during the course of proceedings, ie., the pendency of the suit The court must be entertaining the suit from which such doubt regarding the question of law has arisen where such reference has been made to the High court, the subordinate court may pass a decree, taking into consideration, the opinion of the High court. 13.Write a note on revision? Introduction: Civil Procedure Code, 1908 is a procedural law related to the administration of civil proceedings in India. Section 115 of the Civil Procedure Code, 1908 provides the provisions on the Revision. It empowers the High Court to look into the cases which have been decided by the subordinate courts. Hence, the High Court has revisional jurisdiction. in other words, the Higher courts exercise the power of supervision on the lower courts. Section 115 limited to errors of jurisdiction only. Meaning of Re To revise means to check again or look again. Revision means to go through thoroughly with a careful examination to correct the mistake. In other words, the court will revise the case and gives correction wherever necessary. The High court has the power of revision with certain conditions. Object: 1. The main object of the revision is to prevent the subordinate court from acting arbitrarily or illegally. 2. To empower the High court to look at proceedings of the subordinate court are in accordance with the law and acting within the jurisdiction of the court. 3. To correct the errors of jurisdiction done by the subordinate courts.4, To ensure the aggrieved party that if the order passed against them is non-appealable then it can be rectified by the High Court. Who may file? 1. Application by aggrieved party — When the order passed by the subordinate court and the party who is aggrieved by such order can apply for the revision in the High Court. 2, Suo moto — Under section 115 of the Civil Procedure Code, 1908 the High Court may exercise suo moto action of revisional jurisdiction. In simple words, the High court may act of its own motion call any record and accordingly pass the orders. Grounds of revision under CPC 1, Court has decided the case: In general Sense, the case must be decided by the court and should not be pending. In case of Baldevdas Shivial v. Filmistan Distributors India Pvt Itd, The Apex Court held that a case may be said to have been decided if the court adjudicates for the purpose of the suit some right or obligation of the parties in controversy. Every order in the suit cannot be regarded as case decided within the meaning of Section 115 of the code. 2. Such court is subordinate court: Unless the order is passed by a subordinate court, the High Court cannot exercise the power of revisional jurisdiction. Therefore, it is necessary that the case should be decided by the subordinate court. The subordinate courts sometimes known as inferior or lower courts. Here, the court means a court that has civil judicature. In general meaning, the subordinate court means all courts which are subordinate to the High Court including the Small causes court. Where it is provided that a matter should be decided by particular court, the presiding officer of such court will act as a court. But where it is provided that aparticular judge should decide a matter the provisions of the statute will have to be considered for the purpose of determining whether the judicial officer acts as a court or as a persona designate. 3..Non -Appealable order: Where there are no appeal lies then the revisional jurisdiction invoked. In simple words, If there is no first appeal or second appeal lies to the High Court then another option arises is revision. Here the word appeal means 1st appeal as well as 2nd appeal. If the decision itself is not appealable to the High Court then the revisional jurisdiction will be acted by the High Court. 4. Jurisdictional errors: According to section 115 of Civil Procedure Code 1908, the Revision is only applicable to the jurisdiction and if there is no question arises related to jurisdiction the decision cannot be corrected. On the other hand, the question is of fact or law the revisional power is not competent. a) Exercise of jurisdiction not vested by law — Here, the assumption of the subordinate court is that it vested some powers but in reality, the subordinate court does not have such powers and acted beyond its boundaries. In such cases, the High Court is empowered to correct the decision given by the subordinate court. If the subordinate court having power vested in it but not acting accordingly and declines to exercise its duty or act then revisional power of the High Court takes place or High can interfere in such case. ) Exercise of jurisdiction illegally or with material irregularities: When the subordinate court does not act legally or acting arbitrarily, capriciously in the exercise of their jurisdiction. In simple words when the court misuses its powers and in case of errors of jurisdiction committed by the Subordinate Court, the revisional jurisdiction taken by the High Court.14.Limitation bars the remedy, but does not extinguish the rights’ Explain? Introduction: Law of Limitation merely bars the remedy, bat not the right. It is well known that the Limitation Act, with regard to personal action, bars the remedy without extinguishing the rights [Hari Raj Singh vs. Sanchalak Panchayat, AIR 1968, All. 246 at P. 250). The law of limitation bars the remedy of plaintiff but does not extinguish his right. It is meant to see that the plaintiff does not resort to dilatory tactics, but seeks his remedy within a time fixed by the Legislature. The right continues to exist notwithstanding that the remedy is barred by limitation. A debtor may pay the time barred debt to the creditor. He cannot claim it back on the plea that it was time barred. A debtor who owes several debts to a creditor may pay a sum of money to the Creditor. If there is no specific mention, then the creditor can adjust the payment towards any of the debts, including the one whose recovery is barred by limitation. A barred debt can constitute a valid consideration for a fresh contract. Under Sec. 25(3) of the Contract Act, 1872, an agreement in writing undertaking to pay a time barred debt is valid and binding. But there are special cases in which, on the remedy becoming barred by limitation, the right itself is extinguished like the one contemplated in Sec. 27 of the Limitation Act, 1963 (Jawaharlal Law Motumal Mamtani vs. Bhagohanchand Motamal Mamtani, AIR 1981, Delhi 338 at P. 343). Extinguishment of rig! The Limitation Act lays down a rule of substantive law in Sec. 27. It declares that after the lapse of the period provided by this enactment, the right itself is gone and the title ceases to exist, and not merely the remedy. If an owner, whose property is encroached upon, suffers his right to be barred by the law of limitation the practical effect is the extinction of his title in favour of the party in possession. It is of the utmost consequence in India that the security which long possession affords should not be weakened.As between private owners contesting inter so the title to lands, the law has established a limitation of twelve years: after that time it declares not simply that the remedy is barred, but that the title is extinct in favour of the possessor. When a person’s suit for possession of any property is barred by limitation under the Act, his right to such property stands extinguished: Section 27, under this section, not only the ownership of one person is extinguished, but an absolute ownership is also acquired by the other person in adverse possession (Radhabai vs. Anantrao, 9, Bom. 198). It is well established proposition that payment of a time barred debt is a valid consideration for transfer of property. Similarly, an agreement in writing undertaking to pay a time barred debt is lawful and binding. Again, a creditor can adjust a payment made by a debtor who owes several debts, towards debt with had become time-barred. Shadi La, Chief Justice held in Nuruddin vs. Allah Ditta (I.L.R. 13, Lah. 817 AIR 1932, Lah. 419). “The rule of law is firmly established that debt does not cease to be a debt because its recovery is barred by the Statue of Limitation”. (First National Bank Ltd. Vs. Seth Sant Lai, AIR 1959, Punj 328 at P. 330). In considering whether a particular remedy is barred, one looks not at the relief given but at the cause of action, that is, at the necessary allegations which have to made and found before the relief sought can be given. (Asaram vs. Budeshwar, AIR 1938, Nag. 335 at P. 339 F.8). 15.Once the time has began to run no subsequent disability or inability Stopsit. Discuss. Introduction: Time for limitation runs when the cause of action accrues. However, certain exceptions were provided in Sections 4 to 8. Section 4 provides that if the period prescribed expires on a day when the Court is closed, the application etc, may be made on the day, the Court reopens. As per Section 5 condonation of delay is allowed on sufficient grounds. Sections 6, 7& 8 allow extension of time in certain cases of disability.Continuous running of time [Section 9]: Once a period of limitation starts no subsequent disability or inability can stop it. The applicability Section 9 is limited to suits and applications only and does not apply to. appeals unless the case fell within any of the exceptions provided in the Act itself. Section 9 applies when the cause of action or right to move the Court continues to exist on the date of making the application. Thus, the time runs, when the cause of action accrues. Thus, once time has begun to run, no subsequent disability or inability stops it. Example: Manoj died on 3rd August, 2016 before a right to institute a suit accrued, leaving behind a minor son of the age of 15 years. Decide the time from where the period of limitation shall be calculated under Limitation Act, 1963. Section 9 of the Limitation Act, 1963 states that, once time begins to run no subsequent disability or inability can stop to institute a suit or make an application. For a given case, the period of limitation will run from the date of loan (i.e. cause of action). There is no disability at that time and time has begun to run from the date of loan itself. Subsequent disability i.e. the son was minor have no use. The limitation period in this case will end after 3 years from the date of loan (i.e. cause of action). 16.A’ wife refused to returns to her husband and allow him the exercise of conjugal rights. What is the period of limitation for ‘A’ Decide? The restitution of conjugal rights is provided for under Section 9 of the Hindu Marriage Act, 1955.*One facet of conjugal rights i.e., the right to the consortium is recognized and protected under Section 9 of the Hindu Marriage Act, by permitting a spouse to go to the court action to enforce the right. One of the important implications provided to an aggrieved party under Section 9 of the Hindu Marriage Act, 1955 is the ability to seek maintenance under Section 25 of the Hindu Marriage Act, 1955. Conjugal rights are rights created by marriage, i.e. right of the husband or the wife to the society of the other spouse. The law recognises these rights— both in personal laws dealing with marriage, divorce etc, and in criminal law requiring payment of maintenance and alimony to a spouse. Section 9 of the Hindu Marriage Act recognises one aspect of conjugal rights — the right to consortium and protects it by allowing a spouse to move court to enforce the right. The concept of restitution of conjugal rights is codified inHindu personal law now, but has colonial origins and has genesis in ecclesiastical law. If the husband either leaves a wife or ignores to make his conjugal obligations without any proper reason, then the wife can demand restitution of conjugal rights. Additionally, a husband can apply for restitution of conjugal rights. But the court can deny granting an order of restitution of conjugal rights for the below reasons: +The cruelty of husband or in-laws. +On the failure by the husband to achieve conjugal obligations. +On non-payment of a quick dower by the husband. 17.Explain the essential ingredients of summons. What are the different modes of service of summons to defendant? Summons to defendants.- Where a suit has been duly instituted, a summons may be s issued to the defendant to appear and answer the claim and may be served in the manner prescribed Service of summons where defendant resides in another State.- (1) A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in that State. (2) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of the issue together with the record (if any) of its proceedings with regard thereto. Service of foreign summonses. Summonses and other processes issued by- (a) any Civil or Revenue Court established in any part of India to which the provisions of this Code do not extend, or (b) any Civil or Revenue Court established or continued by the authority of the Central Government outside India, or (c) any other Civil or Revenue Court outside India to which the Central Government has, by notification in the Official Gazette, declared the provisions of this section to apply, may be sent to the Courts in the territories to which this Code extends, and served as if they were summonses issued by such Courts.] Summons to witness.- The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects. The penalty for defaulThe Court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may- (a) issue a warrant for his arrest; (b) attach and sell his property; (c) impose a fine upon him not exceeding five hundred rupees; (d) order him to furnish security for his appearance and in default commit him to the civil prison. Refer to lawyers in India, for more information. Modes of Serving Summons The modes of serving summons are defined in CPC for civil cases respectively. The Civil Procedure Code, 1908 provides for the following modes of service[iii] of summons: 1. Service by Court Order V, rule 9 states that where the defendant or his agent empowered to accept the service resides within the jurisdiction of the Court in which suit is instituted, the summons shall be delivered or be sent to the proper officer to be served or sent to a Court-approved courier service. Sub-rule (3) of this rule states that such a service may be made by delivering or transmitting a copy by registered post acknowledgement due to either the defendant or such agent by speed post or a Court approved courier service. 2. Service by Plaintiff As per the provisions of Order V, Rule 9A, in addition to the service of summons under rule 9, the Court may, on an application by the plaintiff, permit such plaintiff to affect the service of summons upon the defendant. If such service is refused, or if the person served refuses to sign the acknowledgement of service or for any reasons the summons were not served personally, then, the Court shall reissue such summons on an application of the party. 3. Service on Agents Order V, Rule 13 states that when a suit regarding business or work is filed against a person who does not reside within the jurisdiction of the Court issuing summons, then the summons being served on any manager or agent personally carrying out such business or work shalll be considered god serviceOrder V, Rule 14 states that when in a suit to obtain relief with respect to immovable property service cannot be made on the defendant or his agent empowered to accept such service then the service must be made on any agent of the defendant who is in charge of the property. 4, Service on Adult Member of Family According to the provisions of Order V Rule 15, where the defendant is absent from his residence at the time of service of the summons and there is no likelihood of him being found within a reasonable period of time and he has no agent empowered to accept service on his behalf, the service may be made to any adult member of the family residing with him. 5. Service When Defendant Refuses to Accept Service Rule 17 of Order V provides for the procedure when the defendant refuses to accept service or cannot be found after due and reasonable diligence. In such a case, the serving officer must affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain. The serving officer shall thereafter return the original summons to the Court that issued it along with his report stating that he affixed the copy, the circumstances under which he did so, and the name and address of the person who identified the house and in whose presence the copy was affixed. 6. Substituted Service The provisions of Order V, Rule 20 provide for substituted service. Such a mode of service can be adopted by the Court when it is satisfied that the defendant is keeping away for the purposes of avoiding service or for any other reason the service cannot be made in an ordinary manner. This legal position was reiterated in Dhal Singh Kushal Singh v Anandrao Kakdeliv]. As per this rule, the Court shall order that a copy of the summons be affixed on some conspicuous place in the Courthouse and also on some conspicuous part of the house in which the defendant is known to have last resided or carried on business or personally works for gain. 7. Service When Defendant Resides Within Jurisdiction of another Court When the summons is to be served upon a defendant residing in the jurisdiction of another Court, then, as per Rule 21 of Order V, the Court issuing the summons may send it to the other Court through one of its officers or by post, or by Court- approved courier service or by fax message or email.8. Service on Defendant in Prison Rule 24 of Order V of CPC states that when a defendant is confined in a prison, then, the summons may be sent or delivered to the officer in charge of the prison by post, courier, fax message, email or any other means as provided under the rules made by the High Court. 9. Service of Summons Abroad As per Rule 25 of Order V, when the defendant resides out of India and has no agent in India empowered to accept service, then, the summons shall be sent to the defendant at the place where he is residing and send the same to him by post, courier service, fax message, or email 18.Explain the purpose for which commission can be appointed? What are the powers of Commissioner? A commissioner can be appointed by the Court when a commission is issued by the Court. According to Section 75 of CPC, the Court has the power to issue a commission to carry out the following functions: To examine witnesses: Order 26 Rule 1-8 The general rule of evidence is to bring the evidence before the Court and must be recorded in open Court. But in extraordinary circumstances, the appearance of witness is dispensed and the witness is allowed to depose evidence without appearing in Court. ‘To make local investigations: Order 26 Rule 9-10 The Court can appoint commission for local investigation if the Court is of the opinion that a local investigation is necessary: 1. For proper clarity of any matter in dispute, or 2. In ascertaining the market value of any property, or 3. To know the amount of mens rea or annual net profits. While appointing a commissioner for, the Court has to examine (4). plaintiff before the final decree is passed. It is important because such commission will prejudice the rights of the defendant to a fair trial.To adjust accounts: Order 26 Rule 11-12 In a suit, if the Court thinks that it is necessary to verify the accounts involved in the suit, the Court may issue a commission to make the examination of such accounts and may appoint a commissioner. (rule 11) The Court takes special care while making such an appointment. The Court appoints only such a person who is competent to examine such records. The reports submitted by the commissioner is considered evidence by the Court, (rule 12) To make partition: Order 26 Rule 13-14 The Court can issue commission for partition of a suit property. Suppose, the Court has passed a preliminary decree for partition of the suit property, in such a situation, the Court can appoint a commissioner to carry out the decree. (rule 13) The commissioner has to divide the property in shares and distribute it among the parties according to the suit decree. Commissioner has to submit a report after such partition is completed. (rule 14) To hold investigati der 26 Rule 10-A When the Court has to conduct a scientific investigation, the Court can appoint a commissioner who will then be responsible for such investigation. For example, to identify the substance used as a raw material in the subject matter, the Court may issue commission to hold scientific investigation. (rule 10-A) After conducting such investigation the commissioner has to submit the report within the time prescribed by the Court. To sell the property: Order 26 Rule 10-C Suppose the subject matter of a suit is a movable property which cannot be preserved by the commissioner and if it is not sold, its value cannot be recovered. Therefore, the Court appoints a commissioner who is given the responsibility to sell the property and submit a report along with the proceeds received from the sale of such property.To do ministerial work: Order 26 Rule 10-B Ministerial work means the administrative work which the Court has to do, but are not of judicial nature like accounting, calculation, etc. Such work takes a lot of valuable time of the Court which can be used in other important judicial functions. Therefore, the Court appoints a commissioner to do such works on behalf of the Court. It is important to note that commissioners cannot do judicial functions. (5) Powers of the commissioner: Order 26 Rule 16-18 Under order 26 rule 16, powers of a commissioner are as follows: 1. Commissioner has the authority to examine the parties and the witnesses and any other person who the commissioner thinks can give evidence in the matter referred to him. . Commissioner can direct the parties to produce any documents which is required to be examined. . Commissioner also has the power to enter and search any land or building with the permission of the Court. . If the party fails to appear before the commissioner after the order of the Court, the commissioner can proceed ex parte. 19.Who may be joined as plaintiff and defendants? What are the effects of misjoinder and non-joinder of parties? Joinder of Plaintiffs: Anybody or anyone may join in one suit as plaintiffs as per the required conditions under Rule 1 of Order 1. These conditions that are necessary to be consummated are the right to relief claiming to exist in each of the plaintiffs that come out of the same act of transaction; and the case is such of a character that, if such person got separate suits, any common question of law or question of fact may arise.Joinder of Defendants: Just the opposite to the joinder of plaintiffs, that, a persona can join as a defendant as per the provisions of Rule 3 of Order 1. The conditions that are necessary to be satisfied in the case of a defendant is the right to relief claiming to exist against them comes out of the same act of transaction; and the case is of such a nature that, if separate suits are brought against such a person, any common question of law or question of fact may arise. When a person who is a necessary party to a suit has not be joined as a party to the suit, it is a case of non-joinder. As regards the non-joinder of parties, a distinction has been drawn between the non-joinder who ought to have been joined as a party and the non-joinder of a person whose joinder is only a matter of convenience or expediency. Effects : A suit is not to be dismissed only on the ground of non-joinder of parties. The court may allow necessary parties to be joined, in at a later stage. The court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it. According to the proviso of the Rule 9 of Order 1 nothing in the said rule applies to non-joinder of a necessary party. A necessary party is that in whose absence the court cannot pass an effective decree. If the decree cannot be effective without the absent party, the suit is liable to be dismissed. However, where the joinder of a person is only a matter of convenience and he has not be joined as a party, he may be added at any stage or the suit may be tried without impleading him. The allowing of the suit depends on whether a party who has not been joined is a necessary party or merely a proper party. If a necessary party is not joined, then, the suit is liable to be dismissed. [19] Section 99 of the Code of Civil Procedure provides that no decree shall be reversed or substantially valid, nor shall any case be remanded, in appeal on account of any misjoinder or non-joinder of parties or causes of action or any error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the court and, however, nothing in this section shall apply to non-joinder of a necessary party. Where a relief is sought against a party without impleading him as a party, the suit would be liable to be dismissed. In case of non-joinder of parties, Rule 9 provides against the dismissal of suit. The only course open to the court under such circumstances is formally to callupon the plaintiff to make his election and confine the suit to one set of defendants. In case of non-joinder of the necessary party, an opportunity should be given to the plaintiff to add the necessary party. The Calcutta High Court in the case of suit for recovery of money against LIC, it held that all the heirs of the claimant would be necessary parties to the suit and non-joinder of some of them would be bad. [20] Rule 1 of Order 1 is subject to local, or special law, statutory provisions as also to any special form of procedure prescribed by any law. Thus, any special law provides that a certain person must be impleaded as a defendant although no relief is claimed against him, then failure to implead him will be fatal to suit notwithstanding the provision of Order 1 rule 9. [21] Where a suit for possession was filed, and the defendant derived his title from the auction-purchaser in liquidations proceedings of a company, but the plaintiff sued for declaration that the auction proceedings and the subsequent conveyance by auction purchaser to defendant were void in law under a certain Act, it was held by the Supreme Court in Vishnu v. Rajan Textile Mills, [22] that the liquidator was a necessary party and in his absence the suit for declaration must fail. Rule 9 applies to a mortgage suit as well as to other suits. In a suit for redemption of mortgage property where the daughters of the mortgagee who were necessary parties were not impleaded and objection as to non-joinder was not raised at earliest opportunity, the suit cannot be maintained on account of non-joinder. The Supreme Court held that a candidate who had withdrawn before contesting elections was not a necessary party and so his non-joinder was not fatal to the maintainability of the election petition and that therefore he could be impleaded as there was nothing in the Act which excluded their application. [23] 20.What is attachment? Explain the properties which are not liable for attachment and sal execution of a decree. Introduction: Attachment is a legal term which refers to the action of seizing property in anticipation of a favourable ruling for a plaintiff who claims to owed money by the defendant. Decree Holder is Dominus litis(person to whom the suitbelongs) and he h.as the right to choose the mode of execution from those available to him. What is attachment? Attachment is used in law referring to the action of seizing property on predicting a favourable judgment for a plaintiff who claims to have lent money to the defendant Attachment is an initial procedure where the property is captured before a final judgment is delivered. It can be an unwarranted seizure if the court ruling favours the defendant. Attachment may be depended upon as a provisional remedy to the plaintiff Section 60(1) of the Civil Procedure Code, declares that all saleable properties are liable to attachment and sale in execution of the decree. It also provides that the property specified therein are exempted from attachment and sale in the execution of a decree. According to the general rule, all property movable and immovable properties which include agricultural land, buildings, and shares, furniture's fixtures or movable property including money, articles etc. Owned by judgment-debtor and judgment-debtor entitled to hold and process to the exclusion of others. Properties which cannot be attached - According to Section 60(1) of the Civil Procedure Code following 20 kinds of property are not liable to attachment or sale namely - (a) the necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman; (b) tools of artisans, and, where the judgment debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable him to earn his livelihood as such, and such portion of agricultural produce or of any class of agricultural produce as may have been declared to be free from liability under the provisions of the next following section.(c) houses and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to an agriculturist or a labourer or a domestic servant and occupied by him; (d) books of account; (e) a mere right to sue for damages; (f) any right of personal service; (g) stipends and gratuities allowed to pensioners of the Government or of a local authority or of any other employer, or payable out of any service family pension fund notified in the Official Gazette by the Central Government or the State Government in this behalf, and political pension; (h) the wages of laborers and domestic servants, whether payable in money or in kind (i) salary to the extent of the first one thousand rupees and two-thirds of the remainder in execution of any decree other than a decree for maintenance: Provided that where any part of such portion of the salary ass liable to attachment has been under attachment, whether continuously or intermittently, for a total period of twenty four months, such portion shall be exempt from attachment until the expiry of a further period of twelve months, and, where such attachment has been made in execution of one and the same decree, shall, after the attachment has continued for a total period of twenty four months, be finally exempt from attachment in execution of that decree; (ia) one-third of the salary in execution of any decree for maintenance; (j) the pay and allowances of persons to whom the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957), applies; (k) all compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act, 16[1925 (19 of 1925), for the time being applies in so far as they are declared by the said Act not to be liable to attachment; (ka) all deposits and other sums in or derived from any fund to which the Public Provident Fund Act, 1968 (23 of 1968), for the time being applies, in so far as they are declared by the said Act as not to be liable to attachment;(kb) all moneys payable under a policy of insurance on the life of the judgment debtor; (kc) the interest of lessee of a residential building to which the provisions of law for the time being in force relating to control of rents and accommodation apply; (I) any allowance forming part of the emoluments of any servant of the Government or of any servant of a railway company or local authority which the appropriate Government may by notification in the Official Gazette declare to be exempt from attachment, and any subsistence grant for allowance made to any such servant while under suspension; (m) an expectancy of succession by survivorship or other merely contingent or possible right or interest; (n) a right to future maintenance; (0) any allowance declared by any Indian law to be exempt from liability to attachment or sale in execution of a decree; and (p) where the judgment-debtor is a person liable for the payment of land- revenue; any movable property which, under any law for the time being applicable to him, is exempt from sale for the recovery of an arrear of such revenue. 21,What is appeal? Explain the various types of appeal provided under Ci procedure code. An appeal consists of a process where superior court reconsiders the decision of inferior court. The consideration may be made on the question of fact as well as question of law. The court while exercising its appellate jurisdiction can confirm, reverse, modify or remand the matter to lower court for fresh decision in terms of its direction. However, the term ‘Appeal’ is not defined under the Civil law. Appeal is a creature of statute and right to appeal is a substantive right. It is notable here that suo moto appeal is not possible. Meaning of appeal The Black’s Law Dictionary defines appeal as “the complaint to a superior court for an injustice done or error committed by an inferior one, whose judgement or decision the court above is called upon to correct or reverse. It is the removal of a cause from a court of inferior jurisdiction to one of superior jurisdiction, for the purpose of obtaining a review and retrial.” Who can file an appeal?This is a first and foremost question that stuck in mind of litigants that who is authorized to file an appeal. Here are the persons who can file appeal before the court of law:- 1. Any party to the suit, who is adversely affected by the decree or the transferee of interest of such party has been adversely affected by the decree, provided his name is entered on the record of the suit. 2. Ifsuch party is dead who get affected by the decree then its legal representatives can file an appeal by virtue of Section 146 CPC. 3. An auction purchaser may file appeal against an order in execution of a decree to set aside the sale on ground of fraud. 4. No other unless he/she is a party to a suit can file appeal. Moreover, there are sub-categories under appeals which are mentioned belo 1. Appeal from original decree. 2. Appeal from order. 3. Appeal from appellate decree/Second appeal to High Court. 4. Appeal to Supreme Court. Appeal from original decree: Section 96 of CPC deals with appeals from original decree. Usually, first appeal lies from every original decree passed by any court. It is marked here that appeal may lie from an ex-parte decree, but appeal shall not lie from a decree passed with consent of both parties. Appeal from order: Sections 104 to 108 and Order 43 of the CPC talks about appeals against orders. According to these provisions, certain order are appealable other whereas, appeal could not be lie against some orders. Order can be defined as “the formal expression of any decision of a civil court which is not a decree.” An appeal from order can be filed within ninety days before the concerned High Court and within thirty days from the date of order, before another court. Section 106 provides that appeals against orders in cases in which they are appealable shall be brought before the court to where an appeal would lie from the original suit. Howbeit, Section 105 states that every whether appealable or not, except an order of remand can be attacked in an appeal from the final decree on the ground that there is an error, defect or irregularity in the order and that such error, defect or irregularity affects the decision of the case. Appeal from appellate decree:Section 100 of the CPC provides for second appeal to High Court against decree passed by appellate court. The procedural right of the second decree is provided to either of the parties to a civil suit who has been adversely affected by the decree passed by a civil court. It is notable here that general rule is that second appeal lies to the High Court only if the court is satisfied that it involves a substantial question of law. In Mahindra & Mahindra Ltd. v. Union of India & Anr. 1979 AIR 798, the Apex Court observed that under the proviso, the Court be ‘satisfied’ that the case involves a substantial question of law and not a mere question of law. The reason for permitting the substantial question of law to be raised should be recorded by the Court. However, as per Section 103, the High Court has power to determine the issues of fact if there is sufficient evidence on record. Provisions related to appeal to Supreme Court in civil case: Primarily, the Indian Constitution under Article 133 provides provision to file an appeal to the Apex Court. Further, Section 109 of the CPC provides the conditions under which an appeal could be filed before the Supreme Court, these are enumerated below:~ 1. An appeal can be filed from a judgement, decree, or final order of the High Court. 2. Acase which involves the substantial question of law of general significance. 3. Where High Court opines it to be fit for the Supreme Court to deal with such a question. 22.What is legal disability? Discuss the provisions in the limitation act affording protection under such disability? Introduction The intention of the statute of limitations is to put an end to litigation in accordance with the principle, interest reipublicae ut sit finis litium which states that it is in the interest of the state to put an end to it. Legal Disability is defined under section 6 of the Limitation Act which states that if the person seeing was disqualified at the time the cause of action arose, there will be no time limit if the suit is filed within three years of the disqualification ending. Section 6 of the aforementioned Act allows children or lunatics to file a suit or application for a longer period of time What is the legal definition of disability? The absence of legal capacity to conduct an act due to a lack of competent physical and mental abilities. The term “disability” usually refers to a person'sincapacity to exercise all of the legal rights that only an average person would have. Section 6 states that when a person who is entitled to institute a suit or make an application for the decree’s execution is a minor, insane, or idiot at that time then he can file a suit or make an application after the end of disability as would have specified under the third column of the schedule. When such a person is affected by both the disabilities and the person gets affected with any other disability then he can file the suit or makes the application when both the disabilities come to an end. When such disability lasts till the death of the person then his legal representatives can file the suit or makes an application after the periods of death. Where the legal representatives get affected other than death then the above provisions shall apply. When a person with an illness dies after the disability has ended but before the deadline set by this section, his legal representative may file a lawsuit or file an application within the same time limit as if the person had not died. Under this section minor includes a child in the womb of the mother. Kinds of Legal Disability inor: As per section 3 of the Indian Majority Act, 1875 a person becomes major when he attains the age of eighteen years. For the welfare of the child, the court appoints the guardian until he/she attains the age of majority. In some of the cases, 21 years of age is to be considered as the age of majority. Insane: It is explained in one of the cases named SK Yadav v State of Maharashtra [1] and the Supreme Court, in this case, stated that there is no specific way to check the insanity of the person. It can only be determined preceding, accompanying, and after the event's behaviors. Lunatic: A lunatic is a person who had an understanding but by accident or some other disease, he lost the use of his senses. A lunatic is a person who is sometimes in his senses and sometimes not. Rules related to Legal Disability under the jon Act, 1963 The rules related to legal disability are enshrined under sections 3,6,7,8 and 9 of the Limitation Act, 1963. Section 3 is the most crucial section which provides for the time period in which a person can file a suit beyond the concept of limitationwhich stops the person from filing the suits. Section 4-24 contains the exceptions in case of extraordinary situations. There are three grounds available on which a person can file a suit beyond the periods of limitation i.e. minor, insane, and lunatic. Section 8 relates to section 6(2) in which the concept of multiple disabilities is discussed and this section 8 states that the time period of limitation is 3 years after the death of that very person or ceasing of his disability. Section 9 states that once the period has begun, no further disability can reschedule its time period. Rules enshrined under CPC related to Legal ity As per Order Vill, Rule 5(1) if a specific charge is not filed the suit shall stand dismissed and if the defendant has specifically denied or failed to recognize something then it will be admitted specifically except against those persons who are suffering from legal disability. Section 6(3) is to be r/w Order XXII which says that the legal representative can be a party to the suit on the behalf of the deceased plaintiff. As per Order XXll, if no legal representative of the deceased is left then the court can appoint the administer general or such other officer as it thinks fit to represent his estate.[2] 6. Case Laws + Bapu Tatya Desai v Bala Raojee Desai [3] The purpose of section 7 of the Limitation Act, according to this instance, is to control the alleged indulgence available to children in order to ensure that the advantage of section 6 of the Limitation Act does not extend to a proportionally large number of minors but only until the eldest of the group does not become a major. + Smt. Usha Rani Banerjee & Ors. Vs. Premier Insurance Company Ltd, Madras & Ors [4] Section 7 is an exception to the principle laid down under section 6. The court held that if there are many individuals filing one suit and any one of them is disabled then time will not go against them until the disease ceased to exist. However, if one of the parties to the suit was competent to discharge the other without the consent of the other, time would begin to run against both of them. ConclusionAfter analyzing the various aspects of legal disability under Limitation Act and Code of Civil Procedure it can be said that there are some situations under which a person can file a suit or move an application after the expiration of limitation period and it also provides us the facility of filing a suit if a person dies before the said date. It also provides a remedy if there is no legal representative. One of the defensive mechanisms is used to keep an eye on the people so that they cannot misuse it. As per my understanding, this law is accurate enough as it prevents the misuse to the provisions and the judges should also consider this limitation period as a boon. 2 cuss the provisions of CPC in respect of place of suing. Place of suing Section 15 to 20 deals with the place of suing There are three kinds of jurisdiction to determine the place of suing:- + Territorial jurisdictions + Pecuniary jurisdictions + Subject matter jurisdiction Whenever the suit is brought before the court the first question is to determine is whether the court has a jurisdiction to deal with the matter. If the court has all these (territorial, pecuniary, or subject matter jurisdiction then only the court has the power to deal with the case. In the case, if the court does not have any of the above-mentioned factors then it will be considered as lack of jurisdiction or the irregular exercise of jurisdiction. when the court who does not have jurisdiction decide the case and give decision then such decision will be considered as void or voidable depending upon the different circumstances. Pecuniary jurisdiction ( Section 15) Every suit shall be instituted in the court of lowest grade competent to try it. The word competent denotes that the court must have the power to hear the case with regards to pecuniary jurisdiction. The court of lowest grade who has a jurisdiction with regards to pecuniary value shall deal with the case at first instance.The issue arises:- who will determine the value of the suit? Ordinarily, the plaintiff makes the valuation of the suit for the purpose of determining the pecuniary jurisdiction of the court unless it prima facie appears to the court that the valuation was not done correctly. When the court finds that the valuation was either done overvalued or undervalued, then the valuation will be done by the Court and the court will direct the party to approach the appropriate forum. Territorial Jurisdiction (Section 16 to 20) It is divided into:- + Suits related to immovable property ( Section 16 to 18) + Suits related to Movable property ( Section 19) «Other suits( Section 20) Section 16 states that the suit related to immovable property shall be instituted where such immovable property is situated. It talks about the institution of the suit with respect to:- Recovery of immovable property with or without profit or rent Partition of immovable property Foreclosure, sale or redemption in case of charge or mortgage upon immovable property Compensation fora wrong caused to immovable property Determination of any interest or rights related to immovable property Recovery of movable property under attachment or distraint, for all the above-mentioned purpose. When the suit is filed for the relief or compensation for wrong caused to immovable property held by a defendant or any other person on the behalf of a defendant where the relief can be obtained through his personal attendance then suits may be instituted in a court within whose local jurisdiction:~ + the property is situated, or+ the defendant voluntarily and actually resides or carries on business or personally for gains. Section 17;-Cases in which the immovable property is situated within the local limits of the jurisdiction of different courts. When the suit is filed for obtaining the compensation or relief for the wrong caused to immovable property situated within the jurisdiction of two or more courts, the suit may be filed in any court within whose local jurisdiction a portion of the property is situated. But in respect for the value of subject matter of the suit, the entire claim is cognizable by such court. Section 18- A place of an institution when the jurisdiction of courts is uncertain When there is uncertainty with regards to the local limits of the jurisdiction of courts, and any of the courts has satisfied that there is a ground for uncertainty, record the statement and may proceed with the case to entertain and dispose of the case. The decree passed by such court will have the same effect as if the property was situated within the local limits of its jurisdiction. In a case where the court taking the cognizance of case does not record the statement and objection is brought before Appellate or Revisional Court, the Appellate or Revisional court shall not allow the objections unless it is satisfied that at the time of institution of suit there was no reasonable ground for uncertainty as regards to jurisdiction of Court and there has been a failure of justice, Section 19~ Suits with regard to movable property Conditions + If the wrong was done within the local limits of the jurisdiction of one court + The defendant voluntarily resides or carries on his business or works for personal gain within the local limits of the jurisdiction of another court then the plaintiff has an option to file at either court. Lets us understand through an exampleA, residing in Delhi, beats Bin Bangalore. B may institute the suit either in Delhi or Bangalore. A residing in Bangalore, publishes a defamatory statement of B in Delhi. B may sue A in Bangalore or Delhi. Other suits to be instituted where defendants reside or cause of action arises (Section 20) Conditions + Ifthe breach of contract was done or cause of action arises within the local limits of the jurisdiction of one court + Defendant voluntarily resides, carries on his business or works for personal gains within the local limits of the jurisdiction of another court the plaintiff has an option to file at either court Objections to jurisdi n 21) If objection related to the place of suing:- + pecuniary limits + competence of the executing court with regards to local limits of its jurisdiction is not brought in the Court at the first instance, before settlement or in a case where the issues are settled, then no objection will be allowed by the Revisional or Appellate Court unless there is a failure of justice. Non- Applicability + Territorial jurisdiction + Pecuniary jurisdiction In the case of Karan Singh vs Chaman PaswanWhen the court commits an error in entertaining the suit with regard to pecuniary or territorial jurisdiction then the decision given by such court will not be void but will be considered as the illegal exercise of jurisdiction. Bars on a suit to set aside a decree on objection as to the place of suing (Section 21A) No suit shall be brought up challenging the validity of decree passed in a former suit between the same parties or between the parties litigating under the same title on any ground based on an objection as to a place of suing. Conclusion The concept of the place of suing is very important as it helps to determine the jurisdiction of each court. It helps to the plaintiff where to file a suit. It saves the time of the court in determining the jurisdiction of the court. 24.Discuss about reference under CPC. A court subordinate to the High Court is empowered to refer the case under Section 113. The court in relation to Section 113 means a court having Original Civil Jurisdiction. A reference can be made only when there is a question of law or validity of any Act or Ordinance or of any provision of the Act is involved and can be sought only in a pending suit, appeal, or other proceedings. Section 115 deals with revision. It empowers the High Court to call for the record of any case decided by a court subordinate to it. Condi Where any matter involving a substantial question of law is referred by the subordinate court to the High Court for its opinion upon that matter it is known as a reference. According to Section 113, any court can refer the case to the High Court for its opinion and the High Court may then make an order as it deems fit subject to certain conditions and limitations. Rule 1 Order XLVI for the purpose of reference provides certain conditions and limitations that are needed to be satisfied for the High Court to entertain the reference from the subordinate court. These conditions are given below :There should be a pending suit or appeal where the decree is not subject to appeal. There must be a question of law or usage having the force of law. The Court that is trying the suit or appeal or executing the decree must entertain reasonable doubt on that question of law. As per proviso to Section 113, the question of law involves questions relating to the validity/provisions of any Act, Ordinance, or Regulation or other questions. Who may apply? A subordinate court may refer the case with its own opinion on the point to High Court + either on its own motion or; + onthe application of any of the parties. In Manager Metro Railway vs M/S. B.C.L. Secure Premises it was ruled that Section 113 is not a provision that enables the High Court to take reference suo moto or to order a reference. It is a provision that enables the subordinate court to refer the case to the High Court. Power and duty of referring court To entertain the doubt on the question of law. In Banarsi Yadav vs Krishna Chandra Dass, it was held that a subordinate court may refer a case to the High Court when there is reasonable doubt regarding the constitutional validity of an Act. In A Sreenivasa Rao and Ors v. Govt of Andra Pradesh, it was held that the subordinate court is not empowered and entitled to decide the validity of any Act, Ordinance or Regulation and Section 113 makes it mandatory for the subordinate court to refer the pending case to the High Court for determining the question relating to the validity of an Act, Ordinance or Regulation which is necessary for the case to be disposed of by stating its reasons and opinions for referring the case to the High Court for its opinion. Power and duty of the High Court