Civil Procedure Code & Limitation Act.pdf

Civil Procedure Code & Limitation Act

Q1.

Explain provisions of parties to suit, framing & Institution of suit.

Ans.

CPC is relating relating to civil procedure which includes Drafting, filing & execution execution of civil matters, these procedure have to be followed by par ties as well as court, there are 158 1 58 sections & 41 orders in CPC, sections are general & orders are specific. There should be minimum 2parties in any suit (or) petition Parties Parties t o sui t (order I):I):& they are called as plaintiff & defendant (or) petitioner & respondent parties to suit includes following points.

1. There can be more no of plaintiff plaintiff (or) more no of defendants having relevancy relevancy & it is called as jointer of of parties. 2. When any wrong party have been added added then court may order to delete such party having no relevancy it is called as misjoinder of party. 3. When relevant party have been not added then on on request of plaintiff plaintiff court may order to add one (or) more parties it is called as Non joinder of parties. 4. When case I pending in the court then any relevant relevant party can file petition to include include him in the case as plaintiff (or) ( or) defendant it is called as Impleading the party, court m ay grant permission if such party have relevancy. 5. When case is filed against legal person then designation of the officer to be written who has to represent the case. 6. If there is death of any party then his legal representation is allowed to become become party & pursue the case because civil matter will not die after death of the person. following Framing Framing of suit (Order (Order 2):2):- Suit to be framed systematically which includes following points. 1. There is the name of court at the top of the the suit. 2. There is suit no & the year. year. 3. There is details details about plaintiff & defendant such as as name, father father name, age, occupation, occupation, address, if there are more no of plaintiff & defendants then similar details to b e written of all the parties. 4. Suit to be drafted drafted in paragraphs &every paragraph to be given separate serial serial no. 5. All the material facts to to be mentioned in the suit & facts to to be arranges in sequence & repetition of facts to be avoided. 6. There are some common points which are mentioned in the suit & there are about jurisdiction cause of of action court fee paid by party & suit is within limitation period. 7. There should be relief (or) reliefs to be claimed by the plaintiff it is also also called as as prayer clause. 8. There should be signature of plaintiff plaintiff & his advocate if there are more no of plaintiff plaintiff then all of them sign it. 9. An affidavit have to be enclosed & it should be signed by plaintiff.

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Institution of sui t (Order 3 & 4):1. Suit to be instituted in administrative section of respective court concern officer makes entries in civil suit register & gives a no to the suit. 2. If matter is urgent then it can be taken in chamber of the judge & after hearing judge can pass interim order & send the suit in administrative section. 3. If court is having holiday (or) timing of the court is over then most urgent matte can be taken at residence of the judge during reasonable hours. Judge can make he aring & pass order called as house motion & send the file for numbering in administrative section. These is details about parties to suit, framing & institution of suit in CPC.

Q1.

Decree.

Ans.

The term Decree has been define under section 2(2).Decree means judgment (or) order of the court for enforcement of legal rig ht. Person In whose favor decree is passed is called as Decree Holder & opposite party is called as judgment debtor. Ex:- Decree of divorce, decree to attach property, decree of restitution of conjugal rig ht. It is stated that every decree is an order but every order is not decree. Ex:- Order to appear in court, order to file document, order to pay penalty.

Q4.

Set Off. (Order 8).

Ans.

1. 2. 3. 4.

set off means adjustment between claims & counter claim, when plaintiff have filed recovery suit & again there is counter claim of defendant then court may adjust the amount called as set off. It includes following p oints. There should be jurisdiction for claim & counter claim. Counter claim should be of less amount than claim amount. Counter claim should be lawful & not of wide agreement. Defendant should claim remedy of set off by mentioning in written statement. Ex:- A file a suit for recovery of 1lakh rupees against B there is claim of B for 20,000/rupees against A court may do set off & pass decree for 80,000/- rupees.

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Q2.

Explain the terms “Resjudicata” & “Ressubjudice” & distinguish between it.

Ans.

Details of resjudicate & res subjudice is under section 11 & 12 of CPC. According to resjudicata same parties & same cause of action then cases should not be filed in more then one court. Object (or) Purpose of Resjudicata:-

1. There will be waste of time of the court if same case is filled in more no. of courts. 2. There will be harassment of opposite party because he has to attend more no. of courts for same matter. 3. There will be waste of time & money of both the parties. 4. If court gives descanting judgment then it is difficult to implementing. Ex:- Employer have terminated employee from service, employee can file case in civil court, tribunal & also high court, according to resjudicata he has to file case in only one court & not three courts even though there i s jurisdiction. When resjudi cata does not apply:- (Exception) 1. Different parties:When cause of action is same but parties are different then resjudicata does not apply. 2. Different cause of action: - When parties are same but cause of action is different then there is no effect of resjudicata. Ex:- Wife can file divorce case against him. 3. Withdraw of cases:- Cases have been filed in more courts but it has been withdraw & cases is pending in one court then resjudicata does not apply. 4. Rejection of plaint: - Court can reject plaint (or) suit on the grounds that there is no jurisdiction (or) court fee paid is no sufficient after rectification of defeat again it can be filled it cannot be called as second fi ling because earlier matter was not decided by the court. 5. Compromise:- When there is compromise between parties but other party have not complied compromise deed then plaintiff can file the case. 6. App eal: - When judgment is given by one court then party can file appeal in superior court having jurisdiction there is no effect of resjudicata because case is p ending only in appellate court. Res subj udice:- When case is pending in sub ordinate court then superior court should not decide it. It is having purpose to maintain dignity of sub ordinate court, if sub ordinate court is causing unreasonable delay then superior court can g ive direction to dispose it within specified period giving direction cannot be called as judgment of superior court.

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Distinguish between resjudi cata & resubjudice:Resjudicata Resubjudice Resjudicata comes into force at the time of Res Subjudice is applicable when case is filing more cases in same matter. pending in the court. Objection can between by opposite party. Objection can between by judge of sub ordinate court. Purpose of resjudicata is to present waste Purpose of res subjudice to maintain of time of parties & the court. respect & dignity of sub ordinate court. There are many defense applicable to There is no defense accept to giv e resjudicata. direction to sub ordinate court. These is details about Resjudicata, Res Subjudice its prov isions & distinguish in CPC.

Q15.

Caveat. (Section 148A).

Ans.

Caveat means formal petition filed in the court when anybody is executing petition (or) appeal, person who files caveat is called as C aveator, when caveat is filed then court cannot pass Ex-parte order, notice of caveat is giv en to relevant party, validity period of caveat is 3months but it can be f ile any no of times, when caveat is file court may pass order by hearing both sides, therefore caveat pr events the court from passing Ex-parte order. Ex:- Employer have terminated service of employee, employee can go to court & claim Ex-parte injunction because matter is urgent, employer can file caveat in the court after filing caveat court may pass any order after hearing both sides.

Q14.

Acknowledgment. (section 18 of limitation act).

Ans.

Acknowledgment means renewal of limitation period, parties can executes fresh documents by mentioning new date there is no need of fresh transaction & document is based on earlier transaction it is done by mutual consent of parties, computation of period is calculated from the date mentioned on t he document, it is convenient because fresh period is available for filing the case. Ex:- A have give 1lakh rupees loan to B limitation period is 3years to file recovery suit, if fresh document is executed then again 3years period i s available & it is called as acknowledgment.

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Q3.

What do you mean by Pleading? Explain contents of plaint & written statement & grounds of rejection of plaint.

Ans.

Pleading means plaint & written statement in every civil case both parties have to do pleading details of pleading is un der order 6 details of plaint is under order 7 & written statement under order 8 pleading have to be done systematically. Contents of Plaint:- Plaint have to be drafted properly & the person who files plaint is called as plaintiff, it includes following points. 1. There is name of the court where plaint is being filed. 2. There is suit no & the year these no is given by court officer by making entries in the civil suit register. 3. There is details of plaintiff as well as defendant which includes names, father name, age, occupation & address, if there are more parties then similar details to be written for all the parties. 4. Plaint to be drafted in paragraph & every paragraph to be given separate serial no. 5. All materials facts to be mentioned in the plaint which are related to the case. 6. Facts to be arranged in the sequence & repetitions to be avoided. 7. Plaintiff have to claim one (or) more reliefs & after that plaintiff & his advocate have to sign it. 8. An affidavit to be enclosed with the points in which plaintiff have affirm on oath that all facts are true & correct in the plaint. 9. List of relevant documents to be enclosed. 10. List of witnesses with address to be enclosed. 11. More copies to be enclosed so that every defendant & judge m ay get the copies of plaint. Rejection of Plaint:- Court can reject plaint on following grounds. 1. 2. 3. 4. 5. 6.

When court has no jurisdiction. When plaint is being filed after expiry of limitation period. When the court fee paid is insufficient. When relief has been not claimed. When there us no signature of plaintiff. When affidavit has not been enclosed When plaint is rejected then after rectification of defeat again it can be file.

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Writt en statement:- (Counter) (Order 8) When copy of plaint is issued to defendant then he has to file written statement (or) counter within 1month period, if delay is caused then reason to be given for delay period, if there are m ore no of defendants then they can file come written statement (or) separate written statement. It contains foll owing points. 1. There is same name of the court same suit no & the year & details of both the parties because written statement is file in same court. 2. Written statement to be written in paragraph & every paragraph to be given separate serial no. 3. All the points specified in plaint have to be covered in return statement, every facts to be admitted (or) denied by defendant, there is no need to p roof admitted facts, if defendants denies any facts then burden of proof is on plaintiff, after admission subsequent denial is not allowed according to rule of estopeal specified under section 115 of evidence act. 4. If defendant has no desire to admit (or) denial the fact then he can mention that particular facts is undisputed (or) it will be argued at the time of proceeding. 5. In written statement defendant can mention additional facts against plaintiff which are relevant in particular case, such facts to be m entioned which he can prove when it is necessary. 6. If defendant have any objection relating to plaint then he can mention in written statement such as court have no jurisdiction suit is fil e after limitation period, court fee paid is insufficient. 7. Defendant can also claim relief which is generally suit is not tenable against him (or) suit to be dismissed with courts. 8. There is signature of defendant & his advocate if more no of defendant are filing common written statement then all of them have to s ign it. 9. Defendant have to enclosed affidavit stating that all facts & contains are true & correct to best of his knowledge & information given by his counsel. 10. List of relevant documents in support of written statement to be enclosed. 11. List of witnesses with there address to be enclosed. These is details about pleading which included p laint & written statement & its contains & provisions.

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Q4.

What is an Injunction? Explain kinds of injunctions & various grounds on which court may grant remedy of injunction.

Ans.

Under order 39 of CPC there is remedy of injunction available from civil court having jurisdiction. Injunction is preventive remedy to bring restriction on the party who is doing illegal act (or) likely to do illegal act. These remedy is granted when any m ,atter is urgent & facts are strong. Kinds of Injunctions:- There are four kinds of injunctions & they are as follows.

1. Temporary Injuncti on:- These injunction is granted after being hearing of both the parties, when matter is urgent then court grant temporary injunction, it is also called as INTERCEPTORY ORDER (or) STATUSQUO, it is generally granted in service matter after lengthy hearing it may be confirmed (or) vacated depends on facts of the case. Ex:- Employer have terminated service of employee, if employee goes to court then temporary injunction may be granted to prevent effect of termination order. 2. Permanent (or) Perpetual Injunction:- When facts of the case are strong then permanent injunction is granted, when temporary injunction is confirmed then it is called as permanent injunction these injunction not vacated till disposal of the case. Ex:- “A” declared himself as insolvent when creditor g oes to court then permanent injunction is granted to prevent him from selling his property. 3. Mandatory Injunction :- In these injunction there are two parts in which one part is to do same positive act & other part is to restrain from doing an act both parts are binding on the party. Ex:- “A” & “B” are neighbors having plots adjacent to each other, A made encroachment on plot of B & constructed 10feet wall B can take rem edy of mandatory injunction in which court may order to demolish the wall already constructed & not to make further construction without order of the court. 4. Ex-Parte Injunct ion :- When any matter is most urgent then injunction is granted by hearing only plaintiff called as Ex-Parte injunction. Ex:- Tenant have not paid rent to landlord & he disconnected electricity & water supply when tenant goes to court then Ex-parte injunction is granted to prev ent landlord from disconnecting electricity (or) water supply which is urgent matter. Conditions to grant remedy of injunc tion:1. 2. 3. 4. 5. 6.

It should be primafacie case. The matter should be urgent. Court should have jurisdiction. There should not be separation of material facts. Plaintiff has to file affidavit. Court should form opinion that there may be irrepariable loss if these remedy is not granted. These is details about injunction its kinds & v arious conditions to grant these rem edy. 7


Q5.

Briefly explain provisions of appeal, reference, review & revision specified in CPC.

Ans.

There is provision of fair justice therefore all these provisions has been included in CPC from section 96 to 115. Provis ion o f Appeal:- (Section 96 to 112)

1. When court give judgment then aggrieved party can file appeal in superior court having jurisdiction. 2. Party who file appeal is called as appellant & opposite party is called as respondent. 3. Appeal has to be file within 3months (or) 90days from date of judgment (or) receiving copy of judgment. 4. Original copy of judgment to be enclose with appeal petition. 5. In appeal petition appellant have to mention all errors committed by sub ordinate court wrong interpretation of provision & points which are neglected to consider it. 6. Appeal is decided on basis of argument of both sides & again witnesses are not examined. 7. Appellate court calls the file of the case from sub ordinate court. 8. In appeal petition also appellant have to claim the reliefs. 9. In high court every appeal is not admitted & there is argument at the time of admission. If there is questions of law (or) facts to be considered then appeal is admitted otherwise rejected. 10. In high court (or) Supreme Court appeal is allowed there from smaller bench to larger bench. 11. Appellate court has power to confirm alter, set aside, judgm ent of sub ordinate court by recording reasons.

1. 2. 3. 4. 5. 6.

Reference:- (Section 113) Reference is done at judicial level, purpose of reference is to avoid error on law points it includes following points. All sub ordinate courts can do reference to high court. It is done on law point & not facts. Law points are send in sealed covered to chief justice of high court. High court can make reference to Supreme Court. Opinion is given & sends in sealed cover within 1month period. If opinion is suitable in pending case then judge may apply it & delivered the judgment, if it is not suitable then he deliver judgment in his own way. Review:- Section 114) Review means to reconsider when judge have committed error in judgment the review petition is file before same judge. Error (or) mistake to be specified in review petition copy of judgm ent to be enclosed with the petition it should b e filed within 1month (or) 30 days lim itation period from the date of judgment. Judge make hearings of both sides, if there is error then it is rectify & revised copy of judgm ent is issued to party, generally mathematical error is rectified in r eview petition there is no need to file appeal & party can save his money & time,

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Revis ion :- (Sectio n 115) Revision is done against order of sub ordinate court to superior court having jurisdiction, revision petition to be filed within 1month (or) 30days from receiving copy of passing order (or) r eceiving copy of order copy of order to be enclosed with revision petition, judge makes hearing of both sides, revision court have power to confirm, alter, set aside order of sub ordinate court. Order of superior court t o be obliged by sub ordinate court. Ex:- Sub ordinate court pass order that it has no jurisdiction, if superior court says there is jurisdiction then court have to entertain the case. Ex:- Condemnation petition have been file but sub ordinate court rejected it in revision of order superior court can condone the delay & court have to admit the case. These is details about Appeal, Reference, Revision & Review.

Q12.

Cause of action. (section 2).

Ans.

Cause of action means base to file a case any civil case can be file on basis of cause of action. If there is no cause of action then c ourt can dismiss the case, cause of action is point of dispute between the parties. Ex:- A is driving car, if he causes accident then there is cause of action & compensation can be claimed by victim of accident under v icarious liability. EX:- Husband have removed wife out of the house she can claim maintenance because there is cause of action. Ex:- A have barrowed load from B if A makes default to repay loan amount then B can file recovery suit because there is cause of action.

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Q6.

What are objects of limitation Act 1963 & various grounds on which court can make condonation of delay period.

Ans.

Limitation Act 1963 is having following objects

1. Party should file case within limitation period because there should be an end to litigation. 2. Law always helps vigilant & not dormant & therefore remedy to be taken within limitation period. 3. There should not be hanging sword of litigation which may disturb peace of society. 4. Time once start running will not stop & party have to take remedy without delay. 5. Limitation act has not given sword in hands of one party & sealed in hand of other party but whip is in hand of court.

1. 2. 3. 4.

5. 6.

7. 8. 9.

Grounds of con donation of delay period:- (section 11) Unsound mind person:- If any person is unsound mind then after treatment he can file the case if he becomes normal court may condone delay caused in treatment. Minority:- When there are minor children & next friend has not been appointed then after age of majority court may allow him to file the case & delay is condoned. Sickness:- When anybody sick’s as in patient then period of hospital will be condoned by the court. No knowledge of facts: - When there is sudden death of head of family & there is no knowledge about his transactions then case can be filed w hen it comes to knowledge & delay may be condoned. Rejection of plaint: - When court reject a plaint on grounds of having no jurisdiction then it can be filed in court having jurisdiction & court condoned such delay. Mistake of advocate: - When party have given case within limitation period but advocate cause delay then court may condone it, in such case court may give warning & also imposed penalty to be paid by advocate. Poverty: - These is weak ground of condonation of delay when party have no money for travelling (or) to engage advocate then court may consider to condone delay. Illiteracy:- There is weak ground because ignorance of law is no excuse court may consider to condone delay if party is illiterate & having no knowledge of legal right. Holidays (or) Vacations: - When holidays (or) vacations start from last day of filing then it can be file when court reopens & these delay is considered. This is details about objects of limi tation Act & grounds of condonation of delay.

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Q7.

Explain the procedure of execution of decree of the court.

Ans.

When decree is pass by court then decree holder have to file execution petition against judgment debtor within 3years period. Decree is valid for 3years & it can be renewed 3times in same court & trail validity of decree is 12years & after that it is not effective. Matrimonial decree such as decree of restitution of conjugal rig ht is not executed when execution petition is file then copy of decree have to be enclosed & movable & immovable property which can be attached have to b e mentioned it includes following points.

1. Court makes hearings of both the sides by issues of summons to appear personally (or) through advocate. 2. When judgment debtor convinces the court that he shall pay decree amount in some installments & court is satisfy then such order is passed. 3. When judgment debts makes payment of decree amount in the court (or) decree holder then there is no execution of decree. 4. Court may appoint an officer for execution of decree called as Bailiff. 5. Decree will not be executed between sunset & sunrise. 6. Bank account can also be attached called as freezing of account, bank have to comply orders of the court. 7. When property of judgment debtor is situated out of jurisdiction of the court then one court may send copy of decree in seal ed cover to other court called as PRECEPT that court appoints the bailiff & sale the property of auction & send amount to court. 8. Bailiff can enter in property of judgment debtor & remove all the articles which are attachable list of articles is prepared & one copy is given to judgment debtor with signature of bailiff & two witnesses. 9. If anybody makes resistance at the time of execution then he can be arrested & there is provision of imprisonment upto 6months. 10. If articles of some others person in the house are carried then petition can be file in the court to release these article from attachment court may order to release it after taking proof. 11. Attached articles are soled by public auction within 3m onths period decree holder can pay the decree amount & release articles before auction sale. 12. In case of immovable property order is giv en to judgment debtor (or) property within specified period. 13. Bailiff give notification in local newspapers about auction sale of attached immovable property, terms & conditions are also mentioned for the bidder. 14. If expected bid may not come then auction may be p ostponed & it is fixed on som e other date. 15. If judgment debtor arranges payment of decree amount before finalization of sale then auction may be stop. 16. After auction sale if there is recovery of less amount then decree holder should be satisfy in it decree cannot be executed again & again according to rejudicata if there is recovery of excess amount then after adjustment of decree amount balance have to be paid judgment debtor. 11


What properties cannot be attach:- Following are the properties which are exempted from attachments. 1. Provident fund, pension, gratuity are exempted. 2. Utinsteel in the house are exempted. 3. Bedding which are in use. 4. Wearing cloths of family members. 5. Istridhana of woman cannot be attached unless decree is against her. 6. Salary upto 3000/- rupees & above these there is attached upto 1/3rd salary. 7. Playing equipment of children. 8. Idols of worship in the house. 9. Standing crops in agriculture land. 10. Perishable goods such as fruits, flowers & vegetables. 11. Inami land, jagir land, patta land. 12. Property against which dispute is pending in court. 13. Equipment of small professional such as Barber, Painter, Carpenter, Farmer. These are details of execution of decree under order XXI of CPC.

Q10.

Admission. (order 12).

Ans.

Admission means any fact (or) Facts accepted by plaintiff (or) defendant admitted fact should not be denied in the court according to rule of estoppels specified in section 115 of evidence act, it includes following points.

1. 2. 3. 4. 5.

Facts which have been accepted in plaint & written statement is admission. Facts mentioned in the notice are admission. Facts mentioned in affidavit are admission. Documents submitted by the parties come under admission. Statement made by the party (or) witness come under admission. If there is denial of the fact then court may order to proof it, it is a general rule that admitted fact need not be proved.

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Q8.

Explain special suits against minor, indigent person, government & Interpleader suit.

Ans.

There are some different suits called as particular suit (or) specific suit. These are different from ordinary suit, these suits are as follows

1. Suit against gov ernment: - (Order XXVII) Government is a legal person & it can sue & be Sued, the term government includes public companies, corporate, institutions & all authorities mentioned under article 12 of constitution. Following are the points relating to suit against government. a. Suit can be file against respective department of government. b. When suit is file against government then designation of officer to represent the suit has to be mentioned. c. 2months advance notice to be given to government before filing suit under section 80 of CPC. d. If matter is urgent then application can be enclosed dispense with notice period & judge can pass such order. e. If there is GP is in the court then summon can be serve to GP. f. Government can give authority & send any officer to represent the case. g. It is not necessary for officer to attend court every time he has to appear personally when there is chief & cross examination. h. Court is very slow to execute decree against the government. Therefore suit against government is different on some points.

2. Suit against m ino r:- (order XXXII) If there is guardian then case can be file against him because no case can be file against minor if there is no guardian then court have power to appoint authorized person called as Next friend. It includes following points. a. Court may published notification & direct interested parties to file application to become next friend within 1month period. b. Court may summon all applicant & examine them & found out reason to become next friend. c. When court is satisfy by explanation of any applicant him as next friend. d. Court may also remuneration for next friend which he may get income of property. e. Nest friend have power to appoint advocate & represent the case. f. Next friend have to maintain accounts of expenses of case. g. When minor becomes major then he have to give account of expenses & retired as a next friend. Therefore suit against minor can be per sued by next friend when there is no guardian.

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3. Suit against Indi gent perso n:- (ord er XXXIII) Indigent person means extremely poor person, he is also called as PAUPER & his suit is called as F ORMA PAUPEREIS. It includes following points. a. Indigent person enclosed a application with the suit to entertain it without court fee. b. He has to give details about his income which is insufficient to maintain family & his suit may be allowed without court fee, c. Court make hearings of both sides. d. If there is income which he has not disclosed then defendant can bring it to notice of court & his application may be rejected. e. Court may gives sufficient period to pay court fee if he agrees for it. f. Court may also direct him to pay court fee in percentage such as 50%, 25%. g. When it is not possible then court may entertain suit without court fee. h. Services of advocate are provided at coast of state. i. If case is pending & plaintiff gets money from any source then court may order him to pay the fee. j. If plaintiff wins the case & gets some benefits then amount is paid after deduction of court fee. k. If he losses the case the appeal is allowed without court fee. Therefore purpose of these provision is no person s hould face injustice because of poverty. 4. Inter pleader suit :- (order XXXV) Inter pleader suit is such suit in which actual pleading is between defendant & plaintiff is nominal party plaintiff have no i nterest in subject matter of dispute. Ex:- “A” found a box having gold ornament in it “B”, “C”, “D” claims ownership of the box, A can file petition & handover the box in court, judge may order defendant to proof ownership if any defendant proof ownership then j udge may order handover the box to him & imposed penalty on false claimates from the amount of penalty expenses are paid to petitioner if nobody proves ownership then also p enalty imposed for misrepresentation of facts. In such case notification is gives in newspaper & direct owner to claims the box within 6months period, if anybody approach & proof ow nership then box is handover to him, after 6months it is sold by public a uction & amount is deposited in governm ent treasury. These are details about suit against Governm ent, minor, indigent person & Inter pleader suit in CPC.

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Short Questions :Q2.

Jurisdiction of civil court.

Ans.

Any civil case has to be filed in the court having jurisdiction. Details of jurisdiction have been given under section 6. If there is no jurisdiction then court can reject the plaint, there are five kinds of jurisdictions.

1. Original jurisdiction:- These jurisdiction comes where cause of action arose (or) place of contract (or) place where property is situated. 2. App ell ate ju ris di ct io n:- Any appeal can be filed in court having jurisdiction a case from talluqa can be filed in app eal in respective district. 3. Extra ordinary jurisdiction:- These jurisdiction is available to wom en in some cases such as Divorce, Maintenance, Restitution of conjugal rights, she can file in the court where she is residing. 4. Pecuniary:- These is related to money in munsif court case can be filed upto 50,000/rupees, appeal from high court to supreme court allowed when subject matter is about 20,000/- rupees. 5. Writ jurisdiction:- These jurisdiction is related with high court & supreme court to enforce fundamental rights.

Q3.

Summon. (order 5).

Ans.

When parties files the case then court may issues the summons to all plaintiff & defendants if there are more parties then separate summons is served to every party, following is the procedure of service of summons.

1. When party is residing nearby then court messenger personally issue summon & obtain signature on duplicate copy called as acknowledgment. 2. If party is residing far away then summon is send by registered post acknowledge due. 3. If relevant party is not available then summon can be issued to any adult member of the family. 4. If summon is against government then it is issued to authorized officer (or) in invest section. 5. If there is GP(Government Pleader) then summon can issued to him. 6. If party refuse to accept summon then it is affix at conspicuous such as wall, door. In such case attestation of two witnesses is taken on duplicate copy. 7. If there is change of address then it should be provided by party to court & summon may be issued on that address. 8. If address of party is not known then summon Is published in local newspaper by order of the court it is called as substitute service. After issue of summon plaintiff fails to appear several times then court may dismissed the case. If defendant fails to appear then court may gives ex parte decision by hearing plaintiff. 15


Q5.

Framing of issues. (Order 14).

Ans.

when any suit is filed & proceeding start then judge may frame the issue it means points of dispute between the parties. It includes follow ing points.

1. Issues can be formed at any stage of proceedings. 2. Judge may consider contains of plaint & written statement, document, statements of parties, in framing the issues. 3. Judge can alters the issues if necessary. 4. When issues are framed then judge have to deliver judgment on all the issues. Therefore in civil proceeding framing of issue is part of proceeding of the court.

Q6. Ans.

Ex-Parte procedure. (order 10). When case is filed then court may issue summon to both the parties if there are more no of parties then summon is issue to all the parties. They have to appear in the court after service of summon, plaintiff generally appears because he has file t he case & he is interested party, if plaintiff may not appear then after giving no of opportunities court may dismiss the case if defendant may not app ear then court may give judgment after hearing only plaintiff & it is called as Ex-Parte procedure. If defendant appears & gives sufficient reasons for non app earance & court is satisfied then judge can set aside ex-parte judgment. When court refused set aside exparte order then revision can be done in superior court & again court may consider it. These are called as Ex-Parte procedure.

Q7.

Affidavit. (order 17).

Ans.

Affidavit means fact (or) facts stated by a party in writing on oath party who files affidavit is called as DEPONENT & fact mention in the document is called as DEPOSTION affidavit is filed with plaint & written statement, affidavit is also necessary in administrative office to obtain a document. Ex:- A lost a original certificate he has to file affidavit to obtain duplicate original certificate. Ex:- A lost bank DD & applied for duplicate DD he has to file affidavit in bank & also indemnity bond, if earlier draft in cash then he has to to make payment of DD amount in the bank. Affidavit may be on ordinary paper (or) stamp paper according to requirement, affidavit may be given by Despondent who sign on oath it may be given oath (or) without notary according to requirement of department. 16


Q8.

Commissioner (order 26) & Receiver (order 40).

Ans.

Commissioner is representative of the court appointed by the judge when court wants any information then commissioner is appointed to prepare the report abo ut information & submit in the court. Judge give specific period to the commissioner, commissioner is generally advocate & party have to deposit remuneration fixed by the court to be paid to commissioner, if commissioner give wrong report then again second comm issioner is appointed to submit the report. Ex:- A is witness but he is on bed because of paralysis & enable to attend the court commissioner may come to his house & record his statement & submit i n the court, court may dispose the case on basis of report of commissioner. Court may appoint receiver in complicated cases s uch as dispute in partnership firm, dispute in company, receiver may be giv en 6month period, receiver may prepare the report & he has power to enter in the premises & take explanation from parties, court may also extend his period on reasonable grounds on basis of report of receiver court may decide the case. Receiver may be advocate(or) any other expert, such as engineer, charted accountant, appointed according to requirement. Party have to pay the remuneration of the receiver fixed by the court.

Q9.

Inter pleader suit. (order 35).

Ans.

In inter pleader suit petitioner is a nominal party having no interest in subject matter of litigation there is actual pleading between defendant. Ex:- A found a box having gold ornaments, B, C, D claimed the box stating that they are owner, A filed a petition & handover box in the court, judge may order defendant to proof ownership if anybody proof ownership then court m ay order to give box to him & imposed penalty on false claimed, amount of expenses are paid to petitioner from penalty if all claimed fails to pr oof ownership then all of them have t o pay penalty in such case court may publish notification in newspaper & direct any owner t o claim the box within 6months if no claimed come then it is sold by public auction & amount is deposited in government treasury.

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Q11.

Concept of judgment. (order 20).

Ans.

When hearing is complete then court may fix the date of judgment. Judgment is given in writing which includes following points.

1. There is name of the court & name of the judge. 2. There is suit no & the year. 3. There is details about plaintiff & defendant. 4. There are brief facts of the case. 5. There is details about admission & denial of the both the parties. 6. There are details about documents having reliability & adminisiblity. 7. Framing of the issues. 8. Points raised by both sides advocates. 9. There are statements accepted by witness. 10. There is details about observation & finding of the judge. 11. There is operative order at the end of judgment, judge may read only order & not complete judgment. 12. There is full signature of judge after the order & initial on every page of judgment. Parties can appliers & get copies of judgment by payment of charges. Q13.

Computation of limitation period. (section 12 – 17 of limitation act).

Ans.

Computation means calculation (or) assessment of limitation period, any civil case have to be filed within limitation period, comp utation includes following points.

1. When court deliver judgment then limitation period to file the appeal in 3months (or) 90days from date of judgment (or) receiving copy of judgment. 2. When court pass any order then revision of order can be done within 30days in superior court, these period is computed from date of passing order (or) receving copy of order. 3. When there is contract between parties then remedy can be taken within 3years period, these period cab ne calculated from the date mentioned on the document. 4. When there is lease between parties then period is calculated from the date of expiry of lease period. 5. When any tort is committed then period is calculated from the date of cause of action & it is 1year period. 6. In cheque bouncing case period is 1month to give notice from date of dishonor & after that case have to be file within 1month. 7. Any action taken in service then period is calculated from date of acknowledgment of order & it is 3months.

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Civil Procedure Code & Limitation Act.pdf

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