Decree, Order & Judgement

Decree
Defined u/s 2(2) of Civil Procedure Code, 1908. It means the formal
expression of an adjudication which conclusively determines the
rights of the parties with regard to all or any of the matter in
controversy in the suit.
A decree may be either preliminary or final.
A decree is preliminary when a further procedure has to be taken
before the suit can be completely disposed off. When adjudication
completely disposes of the suit such decree is final.
It may be noted that the term decree doesn’t include the following:

Any adjudication from which an appeal lies as an appeal from an

order or
Any order or decision of the dismissal of the suit for default.
“Formal expression” means the recordation of the ruling of the Court on
the matter presented before it, so far as the Court expressing it alludes to
the fact that the same issue cannot be adjudicated by or before the Court
again but only before a higher forum i.e. an appellate forum.
A decree must be drawn separately after a judgment.
Deemed Decrees: A deemed decree is one which, though not fulfilling
the essential features of a decree as required by the Code has been
expressly categorised as a decree by the legislature. The rejection of a
plaint and the determination of questions of facts are deemed decrees.
Order
Defined u/s 2 (14) of the Civil Procedure Code. It means the formal
expression of any decision of the Civil Court which is not a decree.
The starting point for an order need not always be a plaint, it may be an
application or petition. Though being a formal expression, it follows that
an order need not conclusively determine the rights of parties on any
matter in dispute. However, it may relate to the matters in controversy.

Judgment
Defined u/s 2 (9) of the Civil Procedure Code. It means the statement
given by the Judge on the grounds of a Decree or Order. Thus a
judgment sets out the ground and the reason for the Judge to have
arrived at the decision.
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Judgment is the decision of a court of justice upon the respective rights
and claims of the parties to an action in a suit submitted to it for
determination – State of Tamilnadu V. S. Thangaval.
Judgment is the statement of the Court on the grounds for having arrived
at a decision.
A judgment must contain the following components:
1. A crisp statement of facts of the case;
2. The points or issues for determination;
3. The decision on such issues and finally;
4. The reasons for such a decision.

Jurisdiction of courts and venue of suits

Jurisdiction means the authority by which a court has to decide matters
that are brought before it for adjudication. The limit of this authority is
imposed by charter, statute or commission. If no such limit is imposed or
defined that the jurisdiction is said to be unlimited.
Limitation of jurisdiction of civil court is basically four kinds:
1. Jurisdiction over the subject matter- to try certain matters by
certain court is limited by statute (Ex. Small cause court- suit for
money due under promissory note or a suit for price of work done)
2. Place of suing or territorial jurisdiction – A territorial limit of
jurisdiction for each court is fixed by Government.
3. Jurisdiction over persons – All person of whatever nationality are
subject to the jurisdiction of the country except foreign state.
4. Pecuniary jurisdiction depending on pecuniary value of suit –
There is no pecuniary jurisdiction of high court and district court.

Jurisdiction may be further classified:

Original jurisdiction
Appellate jurisdiction

Criminal and appellate jurisdiction- Supreme Court, High Courts and

District courts have both original and appellate jurisdiction in various
matter.

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Difference between Judgment and Decree
1. Judgment is defined under Section 2(9) of the Civil Procedure code,
1908.
1. Decree is defined under Section 2(2) of Civil Procedure code, 1908
2. Judgement means statement given by a Judge of the grounds of decree
or order.
2. Decree is an adjudication conclusively determining the rights of the
parties with regards to all or any of the matter in the controversy.
3. It is not necessary that there should be a formal expression of order in
the judgement
3. It is necessary that there must be formal expression of the decree
4. Judgement states preciously the relief granted.
4. Decree must determinate the rights of the parties
5. Judgement contains the grounds of decree.
5. Decree follows the judgment.
6. Judgment may be passed in civil suits as well as in criminal cases
6. Decree is passed in a civil suit.
7. Judgment is not capable of execution.
7. Decree is capable of execution.

Difference between Decree and Order

1. Section 2(2) of the Code of Civil Procedure defines “Decree”
1. Section 2(14) of the CPC defines “Order”
2. “Decree” means the formal expression of an adjudication which, so
far as regards the Court expressing it, conclusively determines the rights
of the parties with regard to all or any of the matters in controversy in
the suit and may be either preliminary or final.
2. According to Section 2(14) of the said Code, “order” means the
formal expression of any decision of a Civil Court which is not a decree.
3. Decree can only be passed in a suit which commenced by presentation
of a plaint.
3. An order may originate from a suit by presentation of a plaint or may
arise from a proceeding commenced by a petition or an application.
4. Decree may be preliminary or final or partly preliminary and partly
final.
4. An order cannot be a preliminary order.
5. Every decree is appealable
5. Every order is not appealable
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Stay of suit –(Section 10)
No Court shall proceed with the trial of any suit in which the matter in
issue is also directly and substantially in issue in a previously instituted
suit between the same parties or between parties under whom they or
any of them claim litigating under the same title where such suit is
pending in the same or any other Court in India having jurisdiction to
grant the relief claimed or in any Court beyond the limits of India
established or continued by the Central Government and having like
jurisdiction or before the Supreme Court.

Essential conditions for stay of suit:

1. Two suits instituted at different times,

2. The matter in issue in the later suit should be directly and
substantially in issue in the earlier suit,
3. suit between the same parties,
4. Such earlier suit is still pending either in the same court or in other
competent court, not before foreign court.

Case / Example: (Wings Pharmaceuticals (P) ltd and another V. M/s.

Swan pharmaceuticals and other)

A suit was instituted by the plaintiff company alleging infringement by

the defendant company by using trade name of medicine and selling the
same in wrapper and carton of identical design with the same colour
combination etc. as that of plaintiff company. A subsequent suit was
instituted in different court by the defendant company against the
plaintiff company with same allegation.

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RES JUDICATA (SECTION 11)
No Court shall try any suit or issue in which the matter directly and
substantially in issue has been directly and substantially in issue in a
former suit between the same parties, or between parties under whom
they or any of them claim, litigating under the same title, in a Court
competent to try such subsequent suit or the suit in which such issue has
been subsequently raised and has been heard and finally decided by such
Court.
The intention of this doctrine is the parties of the suit should not be
harassed to against the same issue or matter already decided between
them and the time of court should not wasted over the matters that ought
to have been and should have been decided in the former suit between
the parties. This doctrine known as Constructive res judicata

Res judicata.
No Court shall try any suit or issue in which the matter directly and
substantially in issue has been directly and substantially in issue in a
former suit between the same parties, or between parties under whom
they or any of them claim, litigating under the same title, in a Court
competent to try such subsequent suit or the suit in which such issue has
been subsequently raised, and has been heard and finally decided by
such Court.
Explanation I.-- The expression former suit shall denote a suit which
has been decided prior to a suit in question whether or not it was
instituted prior thereto.
Explanation II.-- For the purposes of this section, the competence of a
Court shall be determined irrespective of any provisions as to a right of
appeal from the decision of such Court.
Explanation III.--The matter above referred to must in the former suit
have been alleged by one party and either denied or admitted, expressly
or impliedly, by the other.
Explanation IV.-- Any matter which might and ought to have been
made ground of defence or attack in such former suit shall be deemed to
have been a matter directly and substantially in issue in such suit.
Explanation V.-- Any relief claimed in the plaint, which is not
expressly granted by the decree, shall for the purposes of this section, be
deemed to have been refused.
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Explanation VI.-- Where persons litigate bona fide in respect of a
public right or of a private right claimed in common for themselves and
others, all persons interested in such right shall, for the purposes of this
section, be deemed to claim under the persons so litigating .
1[Explanation VII.-- The provisions of this section shall apply to a
proceeding for the execution of a decree and references in this section to
any suit, issue or former suit shall be construed as references,
respectively, to a proceeding for the execution of the decree, question
arising in such proceeding and a former proceeding for the execution of
that decree.
Explanation VIII.-- An issue heard and finally decided by a Court of
limited jurisdiction, competent to decide such issue, shall operate as res
judicata in a subsequent suit, notwithstanding that such Court of limited
jurisdiction was not competent to try such subsequent suit or the suit in
which such issue has been subsequently raised.]

Essential condition for res judicata

The matter must be directly and substantially in issue in two suits
1. The prior suit should be between the same parties or person
claiming under them
2. The parties should have litigated under the same title
3. The court which determined the earlier suit must be competent to
try the latter suit
4. The same question is directly and substantially in issue in the latter
suit
5. The prior suit has been heard and finally decided.

Example 1: -A was a trustee of a trust, after A's death B wrongfully

takes the possession of the trust property. C the son of A file a suit for
recovery of possession of the property against B as the legal heir of A in
his individual capacity but C did not succeed. The C files another suit
for recovery of trust property against B in the capacity of trustee as he
was appointed trustee after the death of A. Whether second suit is
barred?
First suite filed by C as individual capacity i.e. as legal heir where as
second suit as a capacity of trustee of the trust property- second suit is
not barred by the doctrine of res judicata.

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Example 2: Finding incidentally does not operate as res judicata
(Madhvi Amma Bhawani Amma V. Kunjikutty P. M. Pillai.

Place of suing (Territorial) Section 15 to 18 / Court in which suits to

be instituted? (Matter relating to immovable property)
Every suit shall be instituted in the Court of the lowest grade competent
to try it.
Subject to the pecuniary or other limitations prescribed by any law, the
following suit shall be institutes in the court with in the local limits of
whose jurisdiction the property is situated (Section 16):-
(a) For the recovery of immovable property with or without rent or
profits,
(b) For the partition of immovable property,
(c) For foreclosure, sale or redemption in the case of a mortgage of or
charge upon immovable property,
(d) For the determination of any other right to or interest in
immovable property,
(e) For compensation for wrong to immovable property,
(f) For the recovery of movable property actually under distraint or
attachment,
A suit to obtain relief respecting or compensation for wrong to,
immovable property be instituted either in the Court within the local
limits of whose jurisdiction the property is situate or in the Court within
the local limits of for gain or where the either party actually and
voluntarily resides or carries on business or personally works.

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Suits for immovable property situate within jurisdiction of different
Courts? (Section 17)
The suit may be instituted in any Court within the local limits of whose
jurisdiction the property is situate.
Provided that, in respect of the value of the subject matter of the suit, the
entire claim is cognizable by such Court.
Place of institution of suit where local limits of jurisdiction of Courts are
uncertain? (Section 18)

Any one of those Courts may, if satisfied that there is ground for the
alleged uncertainty, record a statement to that effect and thereupon
proceed to entertain and dispose of any suit relating to that property.
Provided that the suit is one with respect to which the Court is
competent as regards the nature and value of the suit to exercise
jurisdiction.

Suits for compensation for wrongs to person or to movable? (Section

19)
Where a suit is for compensation for wrong done to the person or to
movable property, if the wrong was done within the local limits of the
jurisdiction of one Court and the defendant resides or carries on business
or personally works for gain, within the local limits of the jurisdiction of
another Court, the suit may be instituted at the option of the plaintiff in
either of the said Courts.

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Concept of set off, Equitable Set off and Counter Claim

Set Off

Order 8, Rule 6 deals with set off which is a reciprocal discharge of

debts between the plaintiff and he defendant. It has the effect of
extinguishing the plaintiff’s claim to the extent of the amount claimed by
the defendant as a counter claim.

Where the defendant’s claims to set off against the plaintiff’s demand, in
a suit for the recovery of money, any ascertained sum of money legally
recoverable by him from the plaintiff, the defendant may present a
written statement containing the particulars of the debt sought to be set
off.

Set-Off
Set-off is related to debts. It is the reciprocal claim made by the
defendant. Set-off can be used only under the suit for recovery of
money. This can be better under by an example. Suppose, A files a suit
against B claiming that the latter is Rs.20,000 due to him. Now, B also
has a claim against A that he is Rs.10,000 in debt to the former, i.e., A is
Rs.10,000 in debt of B. Here, both are mutually indebted to each other,
and they both have to pay off the debts due to each other. Instead of
filing a fresh suit altogether, B files a set-off claim along with the
written statement in response to the plaint filed by A.

Set-off is dealt under Order VIII Rule 6, and it says that such written
statement along with a set-off should be considered by the Court as
much as plaint because it too has a subject matter that is in dispute.
However, there certain conditions that have to be met for filing a set-off
by the defendant. They are:

• The suit initiated must be for recovery of money. So, set-off can
be filed only in money suits.
• The defendant must claim only the amount that he has already lent
to the plaintiff. The defendant cannot claim the money he has not
already lent. It means the money should be ascertained.
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 • The ascertained money should be legally recoverable by the
defendant from the plaintiff. It should not be barred by any laws of
limitation.
• The recoverable money by the defendant should be defendant or
defendants if there are many, and in the same way, it should be
recovered from the plaintiff or plaintiffs if there are many.
• The set-off should be filed only in the court which has financial
jurisdiction.

Counter-claim
Counter-claim is dealt under Order VIII Rules 6-A to 6-G of the Code of
Civil Procedure, 1908. It is a claim which is separate and independent
from that of the plaintiff. It is also cross-claim but not necessarily arise
out of the same cause of action contained in the plaint. Unlike set-off, a
counter-claim need not be mandatorily related to the recovery of money.
It could be regarding any civil disputes.

The characteristics of counter-claim are as follows:

• Counter-claim also should accompany a written statement. If it is

not filed along with the written statement, the court usually does
not allow the defendant to file the counter-claim at a later stage in
the suit, if his intention is to prolong the proceedings of the suit.
Nonetheless, the counter-claim can always be filed as subsequent
pleading under Rule 9 of the same Order.
• Counter-claim was brought into existence to avoid multiplicity of
proceedings and thereby save a lot of court’s valuable time.

For example, A files a suit against B and B also wants to file a suit
against A for a completely different subject matter. Instead of filing a
separate suit, B makes a counter-claim against A. Here, a lot of time is
being saved since the counter-claim proceedings are being carried on by
the original suit proceedings.

• The counter-claim is treated on par with the plaint, and the plaintiff
should file a written statement in response to the counter-claim.

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 The court can pronounce final judgement both on the original
claim and the counter-claim.
• For the defendant, the counter-claim can be filed by the defendant
against the plaintiff. In some instances, he can claim from co-
defendants along with the plaintiffs. But a counter-claim solely to
claim from the co-defendants is not entertained by the courts.
• The counter-claim should be filed only when the subject matter is
not barred by the Limitation Act.

Earlier, set-off or counter-claim were supposed to be filed for only

money suits. But an amendment to CPC in 1976 has covered the concept
of counter-claim under Order VIII Rules 6-A to 6-G as discussed above
to include other civil natured claims against the plaintiff and also to save
the time by reducing suits between the same parties.

Counter Claim

Order 8, Rule 6A of Civil Procedure Code deals with the Rule of

Counter claim. This Rule permits the defendant to set up the claim as a
counter to the claim of the plaintiff, which arose between the parties.
This rule is applicable in the interest of public policy so as to minimize
litigation between the parties which could have been filed by the
defendant separately.

A defendant in suit may in addition to his right of pleading a set off

under rule 6, set up by way of counter claim against the claim of the
plaintiff, any right or claim in respect of a cause of action accruing to the
defendant against the plaintiff either before or after the filing of the suit
but before the defendant has delivered his defense or before the time
limited for delivering his defense has expired whether such counter
claim is in the nature of claim for damage or not. Such counter claim
must be with in the limit of the court.

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EQUITABLE SET OFF

Where the defendant claims set off in respect of an unascertained sum of

money, where the claim arises of the same transaction and then such set
off is known as equitable set off. Generally, the suits emerge from cross
demands in the same transaction and this doctrine is intended to save the
defendant from having to take recourse to a separate cross suit.

Temporary injunction and interlocutory order

The court may grant temporary injunction to restrain any such act or
make such other order for the purpose of staying and preventing the:

Wasting, damaging, alienation or sale or removal or disposition of the

property or disposition of plaintiff or otherwise injury to the plaintiff in
relation to any property in dispute in the suit, where it is provided by
affidavit or otherwise:-

✓ that property in dispute in a suite is in danger or being wasted,

damaged or alienated by any party to the suit or wrongfully sold
on execution of decree or;
✓ that the defendant threatens or intend to remove or dispose of
his property with a view to defrauding his creditor or;
✓ that the defendant threatens to disposes the plaintiff or otherwise
cause injury to the plaintiff in relation to any property in dispute
in suit.
It would be necessary for the plaintiff to satisfy the court that substantial
and irreparable harm or injury would be suffered by him if such
temporary injunction is not granted and such loss or damage or harm can
not be compensated by damages.
Interlocutory order (Power to order Interim sale)
If the immovable property which is subject to speedy and natural decay
or which for any other sufficient cause it may be desirable to be sold at
once. The court may on the application of the applicant of any party to a
suit order the sale of such detained goods.

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Detention, preservation, inspection etc. of subject matter of suit

The court may on application of any party to a suit and on such terms as
it think fit:

✓ Make an order for detention, preservation or inspection of any

property which is in the subject matter of suit;
✓ May authorise any person to enter upon the premises.
✓ Authorise any person to take samples, for observation and for
obtain desired information’s etc.
Party would made application for aforesaid purposes at any time after
institution of suit or at any time during the proceeding of the suit.

Court shall identify the intention of party for the order and it think fit
than issue the any of aforesaid order.
Court may order deposit of money or other thing etc. in court
Misjoinder of Parties
When more than one persons joined in one suite as plaintiff or
defendants in whom or against whom any right to relief does not arise or
against whom separate suit are bought, no common question of law or
fact would airs.
To avoid such misjoinder two factors are essentially considered by
adjudication:

1. the right to relief must arises out of same act or transactions

brought by plaintiffs or against the defendant,
2. There is common question of law or facts.

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Delivery of Summons by court- Rule 9
Summons delivered to defendant either personally or his agent or any
adult male or female member of the family, against signature obtained in
acknowledgement of the service.
Summons may be delivered by
An proper officer of court or
Thru registered acknowledgement post or acknowledged speed
post or couriered services approved by high court or appropriate
court.

Court satisfied or believe that the person summoned is keeping out of

way for purpose of avoiding service or that any of reason the summons
can not be served in the ordinary way in that case court order the service
of summons to be served by affixing a copy thereof in some
conspicuous place in the court house and also upon some
conspicuous part of the house in which the person summoned is
known to have last resided or carried on business of personally
worked for gain or any such other manners as court thinks fit.

If defendant is public servant / officer → Summons will be delivered

Office in which he/she is employed.
If defendant is company → summons will be delivered to Company
Secretary / Director / principal officer.

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Reference, Review & Revision

Reference
Subject to such conditions as may be prescribed, at any time before
judgement a court in which a suit has been instituted may state case and
refer the same for opinion of the high court, and high court may make
such order as it think fit.

Review
Conferred by, Section 114 and order 47 rule 1 of code.
Any person considering himself aggrieved by a decree or order may
apply for review of judgement to the court which passed the decree or
made the order on any of the grounds as mentioned ion order 41 Rule 1,
namely:

1. Discovery by the applicant of new and important matter or

evidence which after the exercise of due diligence was not with in
his knowledge or could not be produced by him at the time when
the decree was passed or order made or
2. On account of some mistake or error apparent on the face of the
record, or
3. for any other sufficient reason;
The court may make such order thereon as it think fit.

Revision (Section 15)

High court may call for record of any case which has been decided by
any court subordinate to such high court and in which no appeal lies
thereto and if such subordinate court appears:
✓ To have exercised a jurisdiction not vested in it by law; or
✓ To have failed to exercise a jurisdiction so vested or;
✓ To have acted in the exercise of its jurisdiction illegally or with
material irregularity.
The high court may make such order as it thinks fit.
The high court shall not vary of reverse any order made or any order
deciding an issue in the course of suit or proceeding except where the

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order if ht had been made in favour of the party applying for revision
would have been finally disposed of the suit or other proceedings.
The H.C. shall not vary or reversed any decree or order against which an
appeal lies either to the H.C. or any court subordinate thereto.
A revision shall not operate as a stay of suit or other proceeding before
the court except where such suit or proceeding is stayed by H.C.

Suit by or against a corporation / minor

(Company)Pleading may be signed and verified by → Secretary,
Director or principal officer of Company

(Minor) → Next friend of the minor- on satisfaction court may appoint a

proper person to be a guardian for the suit.
When minor attend majority – minor will join the suit.
Summary Procedure

A procedure by way of summary suit applies to suits upon:

Bills of exchange or, Promissory notes
The summary procedures are applicable in the following courts:
High court, City civil court & Small courts.

The debt or liquidated demand in money payable by the defendant

should arise on written contract or an enactment or on guarantee.

Defendant is not entitled to define the suit unless he enters an

appearance with in 10 days from the service of summons.

The summary suit must be brought with in one year from the date on
which the debt becomes due and payable, whereas the period of
limitation for suit for ordinary case under negotiable instrument is three
year.

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Inherent Powers Of The Court Under CPC, 1908
Meaning of ‘inherent’ is existing in something as a permanent, absolute,
inseparable, essential or characteristic attribute. Inherent powers of
courts are those powers which may be applied by the court to perform
full and complete justice between the parties before it. It is the duty of
the Courts to serve justice in every case, whether given in this code or
not, brings with it the important power to do justice in the absence of a
definite or separate provision. This power is said to be the inherent
power that is maintained by the court, though not conferred. Section
151 of the Civil Procedure Code deals with the inherent powers of the
court.

Provisions of Section 148 to 153B of CPC

The law relating to inherent powers of Court is mentioned in Section

148 to Section 153A of the Civil Procedure Code, which deals with the
exercise of powers in different situations. Following are the provisions
of Inherent powers of Courts:

• Section 148 and Section 149 deals with grant or enlargement of

time;
• Section 150 deals with the transfer of business;
• Section 151 protects the inherent powers of the courts; and
• Section 152, 153 and Section 153A deals with amendments in
judgments, decrees or orders or in separate proceedings.

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 Enlargement of time

Section 148 of the CPC states that where any term is fixed or awarded
by the Court for the doing of any act provided by CPC, it is the
discretionary power of the Court that Court may enlarge such period
from time to time, even though the term originally fixed or awarded may
have departed.

In simple words, when a term is fixed by provision for the doing of any
act, the Court has the power to extend such period up to 30 days. This
power is exercisable in the deficiency of any specific provision to the
contrary which reduces or rejects or withholds the period. The power is
limited to the extension of the time fixed by it and is of a discretionary
nature.

Payment of court fees

According to Section 149 of CPC, “Where the entire or a portion of any

fee commanded for any certificate by the law for the time being in force
relating to court-fees has not been met, the Court may, in its discretion,
at any step, permit the person by whom such fee is payable, to pay the
whole or part as the case may be, of such court-fee; and upon such
payment, the document, in regard of which such fee is payable, shall
have the same force and result as if such fee had been paid in the initial
situation.”

It permits the court to allow a party to make up for the lack of court fees
due on a complaint or notice of appeal etc., even after the expiry of the
limitation period for filing of the lawsuit or appeal, etc. Payment of the
expected court fee is compulsory for any document imputable with
court-fee to be presented in the court. If the necessary court fee is paid
within the time set by the court, it cannot be negotiated as time-barred.
Such payment made within the time fixed by the court retrospectively
validates a faulty document. The power of the court is discretionary and
must be exercised only in the importance of justice.

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Section 151 of CPC

Section 151 deals with “Saving of inherent powers of Court.” This

Section states that ‘Nothing in CPC shall be considered to restrict or
otherwise affect the inherent power of the Court to make such orders as
may be important for the ends of justice or to limit abuse of the method
of the Court.’ It is not obligatory for the court to wait for the law made
by parliament or order from the higher judiciary. Court has discretionary
or inherent power to make such order which is not given in terms of
laws for the security of justice or to check misuse of the method of the
Court.

The scope of exercising of Section 151 of CPC can be represented by

some cases as follows:

• The court may recheck its orders and resolve errors;

• Issuance of provisional sanctions when the case is not included
by order 39 or to place alongside an ‘ex parte’ order;
• Illegal orders or orders passed without jurisdiction can be set-
aside;
• Subsequent events in the case can be taken into consideration by
the court;
• Power of Court to continue trial ‘in camera’ or prevent
disclosure of its proceedings;
• The court can erase remarks made against a Judge; and
• The court can improve the suit and re-hear on merit or re-
examine its order.

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Amendment of judgments, decrees, orders, and other records

Section 152 of CPC deals with the “Amendment of judgements, decrees,

and order.” According to Section 152 of CPC, Court has the power to
change (either by own actions or on the application of any of the parties)
written or arithmetical mistakes in judgments, decrees or orders or faults
arising from an unexpected lapse or imperfection.

Section 153 deals with the “General authority to amend.” This Section
empowers the court to amend any fault and error in any proceedings in
suits and all required improvements shall be made for the purpose of
arranging raised issues or depending on such proceeding.

Section 152 and 153 of the CPC makes it clear that the court may set
correct any blunders in their experiences at any time.

Power to amend decree or order where an appeal is summarily dismissed

and place of the trial to be deemed to be open Court are defined under
Section 153A and 153B of CPC,1908.

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Limitation

The exercise of inherent powers carries with it certain barriers such as:

• They can be applied only in the deficiency of particular

provisions in the Code;
• They cannot be applied in dispute with what has been expressly
given in the code;
• They can be applied in rare or exceptional cases;
• While operating the powers, the court has to follow the method
shown by the legislature;
• Courts can neither exercise jurisdiction nor entrust in them by
law;
• To abide by the principle of Res Judicata i.e., not to open the
issues which have already been decided finally;
• To pick a mediator to make an award afresh;
• Substantive rights of the parties shall not be taken away;
• To limit a party from taking proceedings in a court of law; and
• To set apart an order which was valid at the moment of its
issuance.

Summary of Provisions of Inherent powers of Courts

A summary of Section 148 to Section 153B is that the powers of the

court are quite deep and extensive for the scope of:

• Reducing litigation;
• Evade multiplicity of proceedings; and
• To supply full and complete justice between the parties.

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 Interpleader Suit
When the plaintiff on behalf of the claimant filed a suit for choosing the
actual owner of the property then it is called an interpleader suit. When a
Plaintiff is not in the direct possession of the property or thing, he files a
suit. Petitioner has the indirect possession of the property. There is more
than one defendant in this suit. Because in this suit more than one
defendant can file the suit for the claim of property. When the actual
owner of the property dies without transferring the property to anyone
then the property transfer becomes the interpleader suit. Other than that
the plaintiff may file a suit for the movable or immovable property to
deliver the property to the defendant because more than one person has
filed a suit for the claim of property. Debt is required in this suit or some
amount of money for the dispute which is between two defendants.
Defendants can claim some debt from another defendant of the property.
Only the plaintiff is the one who cannot claim any cost and is also ready
to deliver the property to the defendants. Interpleader is defined
in Section 88 of the Civil Procedure Court.

Examples

1. Sanjeev has a 2 BHK flat in the co-operative colony. He has two

wives. Because of some diseases, he caused to die. After his
death, his wives claimed the property. The father of Sanjeev
filed a suit in the court to decide the actual owner of the
property.
2. Akhil has 2 crores fix deposit. He has two wives and both wives
have 1 child. Both of them claim the money for their child
maintenance. The bank filed a suit in the court to know the
order related to the real owner of the money for the maintenance
of the child.
22
Interpleader suit in CPC

Interpleader suit in C.P.C is defined in section 88 with order no

XXXV. An interpleader suit means if any person claims any property of
her husband or her parents and in case the owner of the property is dead
without transferring the property, then the second owner has to claim the
property from the bank or authority. After claiming for such property the
bank or the authority has to file an interpleader suit in the court. Then
the court will decide who will be the main owner of the property. In an
interpleader suit, there were many defendants to claim the property.
Plaintiff gets the monetary value for filing the suit in the court on behalf
of the defendant. He is not liable for any damage.

The Reinstitution of interpleader suit.

Where interpleader suit may be reinstituted and Power to state case for
the opinion of the Court is defined under Section 88 and 90 of the Code
of Civil Procedure 1908. When defendants blame each other for the
claim of the same property, debt or sum of money from the plaintiff who
is not in the direct possession of the property or debt and also he doesn’t
claim interest and ready to deliver the property and he is ready to give
the property to the claimant. The suit which is filed related to Res
Judicata cannot be instituted in another court.

23
Interpleader suit and its condition

• Conditions of Interpleader suit

1. Debt, money, property either movable or immovable in the

dispute.
2. Two defendants are there in the suit.
3. Both defendants can claim each other for the property or money.
4. The person who has to pay the debt to the defendant is not valid
for any interest.
5. The Claimant is willing to pay the debt, or some amount of
money, or property to the defendant.
6. Suits are not pending in this.
7. This suit cannot be filed twice if the judgment is given in Res
judicata.

•Test of applicability
• Res Judicata

Res Judicata is the oldest law that is defined in the Civil Procedure Court
under section 11. Res Judicata means the suit which has already got the
judgment from the court. If any suit is filed under Res Judicata then the
same subject-matter cannot filed as a new suit, in other form of law or
any other court of law. If by mistake any case is filed in any other court
of law which is already filed under Res Judicata then the judge can
dismiss that petition directly without any further proceeding.

24
 APPEAL

Appeal is a process for requesting a formal change to a decision of

subordinate adjudication. Right of appeal is not a natural right or
inherent right attached to litigation. Such right is given by statute or by
rules having the force of statute.

Four kinds of appeals:

1. Appeal from original Decree (Section 96-99)
2. Second Appeals (Section 100- 103)
3. Appeal from Order (104 -106)
4. Appeal to the supreme court (Section 104-106)

Section 96- Appeal From Original Decrees- A Comprehensive Study

This article basically focuses on appeal from original decrees made
under Section 96 of the Code of Civil Procedure. The First part of the
Project Report deals with introduction as to what is meant by appeal and
especially appeal from original decrees. The second Part of the Project
Report deals with the nature and scope of the Section. The third part of
the Project Repot deals with the leading case laws on right to appeal and
Doctrine of Merger and lastly, the conclusion of the article.

The expression appeal has not been defined in the Code of Civil
Procedure 1908. It is an application or petition to appeal higher Court for
are consideration of the decision of appeal lower court.1 It is appeal
proceeding for review to be carried out by appeal higher authority of
appeal decision given by appeal lower one.2 An appeal is appeal
creature of statute and right to appeal is neither an inherent nor natural
right.

Appeal person aggrieved by appeal decree is not entitled as or right to

appeal from decree. The right to appeal must be given by statute. Section
9 confers on appeal litigant, independently of any statute, appeal right to
25
institute appeal suit of civil nature in appeal court of law. So he has
appeal right to apply for execution of appeal decree passed in his favour,
but he has no right to appeal from appeal decree or order made against
him, unless the right is clearly conferred by statute. Section 96 of the
Code gives appeal right to litigant to appeal from an original decree.
Section 100 gives him appeal right to appeal from an appellate decree in
certain cases.
Section
109 gives him right to appeal to the Supreme Court in certain cases.
Section 104 gives him right to appeal from orders as distinguished from
decrees.

Section 100. Second appeal.Previous Next

1[100. Second appeal.--(1) Save as otherwise expressly provided in the
body of this Code or by any other law for the time being in force, an
appeal shall lie to the High Court from every decree passed in appeal by
any Court subordinate to the High Court, if the High Court is satisfied
that the case involves a substantial question of law.
(2) An appeal may lie under this section from an appellate decree passed
ex parte.
(3) In an appeal under this section, the memorandum of appeal shall
precisely state the substantial question of law involved in the appeal.
(4) Where the High Court is satisfied that a substantial question of law is
involved in any case, it shall formulate that question.
(5) The appeal shall be heard on the question so formulated and the
respondent shall, at the hearing of the appeal, be allowed to argue that
the case does not involve such question:
Provided that nothing in this sub-section shall be deemed to take away
or abridge the power of the Court to hear, for reasons to be recorded, the
appeal on any other substantial question of law, not formulated by it, if it
is satisfied that the case involves such question.]

26
SUITS BY AND AGAINST GOVERNMENT
Sections 79 to 82 and Order 27 of the Code lay down the procedure
where suits are brought by or against the Government or public officers.
The provisions, however, prescribe procedure and machinery and do not
deal with rights and liabilities enforceable by or against the Government.
Substantive rights are to be determined in accordance with the
provisions of the Constitution. [1]

In ordinary suits, ie, suits between individuals and individuals, notice

need not be given to the defendant by the plaintiff before filing a suit.
Section 80 of the Code however, declares that no suit shall be instituted
against the Government or against a public officer in respect of any act
purporting to be done by such public officer in his official capacity, until
the expiration of two months next after notice in writing has been
delivered to, or left at the office of concerned department of the
Government.

Section 80 of the Code enacts a rule of procedure and clarifies that no

suit shall be instituted against the Government or against a public officer
until a statutory notice required by the section is served. The section
enumerates two types of cases:

Suits against the Government; and

Suits against public officers in respect of acts done or purporting to be

done by such public officers in their official capacity.

Regarding the first class of cases, the notice must be given in all cases.
Regarding the second class of cases, however, notice is necessary only
where the suit is in respect of any act ‘purporting to be done’ by such
public officer in the discharge of his duty, and not otherwise. [2]

The expression “any act purporting to be done by such public officer in

his official capacity” takes within its sweep acts as also illegal
omissions. Likewise, it also covers past as well as future acts. All acts
done or which could have been done under the colour or guise by an
officer in the ordinary course of his official duties would be included
therein. [3] If the allegations in the plaint relate to an act purporting to be
done by a public officer, whatever the relief prayed for, the section is

27
attracted and a notice is mandatory. [4] Again, act does not mean any
particular specific or instantaneous act of a person but denotes a series of
acts. [5] Such acts must be bona fide and they must have some nexus
with the duty of the officer. [6] The expression “any act purporting to be
done by such public officer in his official capacity” connotes that the act
must be such as could ordinarily be done by a person in the ordinary
course of his official duties. It does not cover acts outside the sphere of
his duties. [7] “There must be something in the nature of the act
complained of which attaches to the official character of the person
doing it”. [8]

The primary object underlying Section 80 is to afford an opportunity to

the Government or the public officer to consider the legal position and to
settle the claim put forward by the prospective plaintiff if the same
appears to be just and proper. The Government, unlike private parties, is
expected to consider the matter objectively and dispassionately and after
obtaining proper legal advice, it can take an appropriate decision in the
public interest within a period of two months allowed by the section by
saving public time and money and without driving a person to avoidable
litigation. The legislative intent behind the provision is that public
money should not be wasted for unnecessary litigation. The section has
been intended to alert the Government or public officer to negotiate just
claims and to settle them if well-founded without adopting an
unreasonable attitude by inflicting wasteful expenditure on the public
exchequer

28
COSTS
35.Costs.—(1) Subject to such conditions and limitations as may be
prescribed, and to the provisions of any law for the time being in force,
the costs of and incident to all suits shall be in the discretion of the
Court, and the Court shall have full power to determine by whom or out
of what property and to what extent such costs are to be paid, and to give
all necessary directions for the purposes aforesaid. The fact that the
Court has no jurisdiction to try the suit shall be no bar to the exercise of
such powers. (2) Where the Court directs that any costs shall not follow
the event, the Court shall state its reasons in writing. 4 * * * * * 5 [35.
Costs.— (1) In relation to any commercial dispute, the Court,
notwithstanding anything contained in any other law for the time being
in force or Rule, has the discretion to determine: (a) whether costs are
payable by one party to another; (b) the quantum of those costs; and (c)
when they are to be paid. Explanation.—For the purpose of clause (a),
the expression “costs” shall mean reasonable costs relating to— (i) the
fees and expenses of the witnesses incurred; (ii) legal fees and expenses
incurred; (iii) any other expenses incurred in connection with the
proceedings. (2) If the Court decides to make an order for payment of
costs, the general rule is that the unsuccessful party shall be ordered to
pay the costs of the successful party:
Provided that the Court may make an order deviating from the general
rule for reasons to be recorded in writing. Illustration The Plaintiff, in
his suit, seeks a money decree for breach of contract, and damages. The
Court holds that the Plaintiff is entitled to the money decree. However, it
returns a finding that the claim for damages is frivolous and vexatious.
In such circumstances the Court may impose costs on the Plaintiff,
despite the Plaintiff being the successful party, for having raised
frivolous claims for damages. (3) In making an order for the payment of
costs, the Court shall have regard to the following circumstances,
including— (a) the conduct of the parties; (b) whether a party has
succeeded on part of its case, even if that party has not been wholly
successful; (c) whether the party had made a frivolous counterclaim
leading to delay in the disposal of the case; (d) whether any reasonable
offer to settle is made by a party and unreasonably refused by the other
party; and (e) whether the party had made a frivolous claim and
instituted a vexatious proceeding wasting the time of the Court. (4) The
orders which the Court may make under this provision include an order
29
that a party must pay–– (a) a proportion of another party’s costs; (b) a
stated amount in respect of another party’s costs; (c) costs from or until a
certain date; (d) costs incurred before proceedings have begun; (e) costs
relating to particular steps taken in the proceedings; (f) costs relating to a
distinct part of the proceedings; and (g) interest on costs from or until a
certain date.]

Rejection of plaint — The plaint shall be rejected in the following

cases

(a) Where it does not disclose a cause of action – If the plaintiff does not
discloses facts that give the plaintiff right to seek relief against
defendant, the facts that are necessary to prove the damage caused to
plaintiff. Case law on this provision – S.M.P. Shipping Services Pvt.
Ltd. V. World Tanker Carrier Corporation; AIR 2000 Bom 34.

(b) Where the relief claimed is undervalued, and the plaintiff, on being
required by the Court to correct the valuation within a time to be fixed
by the Court, fails to do so;(c) Where the relief claimed is properly
valued, but the plaint is returned upon paper insufficiently stamped, and
the plaintiff, on being required by the Court to supply the requisite
stamp-paper within a time to be fixed by the Court, fails to do so – If the
plaint is insufficient stamp under court fees act and the plaintiff fails to
supply the plaint with correct stamp value.(d) Where the suit appears
from the statement in the plaint to be barred by any law; Example when
the plaint filed looks like to be barred by any statue and gives no right to
plaintiff to file the suit and liable to rejected if the court accepts the
plaint is barred by law.(e) Where it is not filed in duplicate – In any suit
a duplicate copy of the plaint has to be filed and when a duplicate copy
of plaint is not filed it is liable to be dismissed.(f) Where the plaintiff
fails to comply with provisions of rule 9 – Where the plaintiff fails to
comply with the order 7 rule 9

30
Provided that, the time fixed by the Court for the correction of the
valuation or supplying of the requisite stamp-paper shall not be extended
unless the Court, for reasons to be recorded, is satisfied that the plaintiff
was prevented by any cause of an exceptional nature form correcting the
valuation or supplying the requisite stamp-paper, as the case may be,
within the time fixed by the Court and that refusal to extend such time
would cause grave injustice to the plaintiff.

Provisions on rejection of plaint under the Code of Civil Procedure

1.) Order 7 Rule 12- Procedure on rejecting plaint: where a plaint is

rejected the Judge shall record an order to that effect with reasons for
such order.

2.) Order 7 Rule 13 – Where rejection of plaint does not preclude

presentation of fresh plaint -The rejection of the plaint on any of the
grounds mentioned in rule 11 shall not of its own force preclude the
plaintiff from presenting a fresh plaint in respect of the same cause of
action.

Two modes of rejecting plaint

1. The Defendant can file an application in the form of

Interlocutory Application in any stage of proceedings.
2. Suo moto rejection under order 7 rule 11. Suo moto means own
its own motion the court can itself try a suit under order 7 rule
11 if the plaint fulfils the conditions above discussed.

31
Meaning of Caveat

The caveat in Latin means “let a person be aware” and in law, it may be
understood as a notice given asking not to act in a certain manner
without informing the person who gave such a notice. Under the Civil
Procedure Court, the provision of caveat is dealt with in Section 148A.
Even Though CPC does not define caveat in the case of Nirmal Chand v.
Girindra Narayan, the court defined caveat as a warning given by an
individual to the court that no order or judgment shall be passed without
giving notice or without hearing the caveator. The person who files a
caveat is called the Caveator and the person who has instituted a suit or
is likely to do so is called caveatee. The main object of caveat is to
ensure that the court does not pass ex parte orders and that the interests
of the caveator are protected. Caveat also reduces the burden of court
and brings an end to the litigation as it reduces the multiplicity of
proceedings. As the purpose of the caveat was to save the cost and
convenience of the court, in Kattil Vayalil Parkkum Koiloth v. Mannil
Paadikayil Kadeesa Umma, the court held that no caveat can be lodged
by a total stranger to the suit.

What does a caveat contain?

A caveat or a notice given to the court that certain actions may not be
taken without informing the caveator should contain the following
information:

1. Name of the caveator;

2. Address of the caveator where the notice would be sent;
3. The name of the court where such caveat is filed;
4. The number of the suit and the number of the appeal if
applicable;
5. Brief details about suit or appeal likely to be filed;
6. Name of the probable plaintiffs or appellants and the
respondents.
32
WHO IS AN INDIGENT PERSON?
As soon as a civil suit is filed in the court, the plaintiff(s), at the
time of filing their plaint, are required to submit the requisite
court fees as directed by the Court Fees Act, 1870. However,
Order XXXIII of the Code of Civil Procedure saves indigent
persons by way of discharging them from the liability to pay the
required court fees. It then allows such individuals to institute
the suit in forma pauperis which is subject to some conditions as
postulated under the Rule 1 of Order XXXIII of CPC.
Discussing the definition of an indigent person in the light of
Union Bank of India v. Khader International Construction
The Hon’ble Supreme Court in Union Bank of India v. Khader
International Construction discussed the definition of an
indigent person. It was observed by the court that an indigent
person is one who is not possessed of sufficient amount (other
than property exempt from attachment in execution of a decree
and the subject-matter of the suit) to enable him to pay the fee
prescribed by law for the plaintiff in such a suit. In case no such
fee is prescribed if such person is not entitled to property worth
one thousand rupees other than the property exempt from
attachment in execution of a decree and the subject matter of the
suit he would be an indigent person.
A.A. Haja Muniuddin v. Indian Railways
In A.A. Haja Muniuddin v. Indian Railways, the court held that
“Access to justice cannot be denied to an individual merely
because he does not have the means to pay the prescribed fee.”
• Rule1 gives us the definition of an indigent person. Any

person who does not possess sufficient means to pay the

requisite fee as prescribed by the Court Fee Act. However,
Rule 1 also states that while considering sufficient means,
the valuation of the property possessed by an indigent
person will be exempted from attachment in execution of a
33
 decree and the subject matter of the suit. Such exempted
property is the basic need of living for the individuals.
Thus, as per law, it is not permitted to be attached.

Following properties are exempted and must not be attached

while calculating the valuation of the property possessed by
the indigent person:
(a) The necessary wearing apparel, cooking vessels, beds;
(b) tools of artisans, agriculturist;
(c) houses and buildings belonging to an agriculturist, labourer
or a domestic servant;
(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;
(h) the wages of labourers and domestic servants;
(i) salary to the extent of the first four hundred rupees and two-
third of the remainder in the execution of any decree other than a
decree for maintenance:
(ia) one-third of the salary in the execution of any decree for
maintenance;

34
 LEGAL REPRESENTATIVE AS AN INDIGENT
In Lakshmi v Vijaya Bank, R.V. Revanna filed a petition under
Order 33 Rule 1 and Rule 7 wherein he represented himself to
be an indigent person. The respondent contended the petitioner
to be an indigent person and questioned his indigency. Before
the cross-examination of the petitioner took place, he died
leaving behind his wife and children. Thereafter an application
was filed by the petitioner’s wife to permit them to file the suit
as a legal representative. The trial court observed that in case of
the death of the applicant, the legal representatives won’t be
permitted to substitute the indigent person as the right to sue as
an indigent person is a personal right. However, the high court
admitted the application filed by the legal representative and
allowed them to file the petition as indigent persons.
Inquiry into the means of an indigent person
Rule 1A of Order 33 states that the Chief Ministerial Officer of
the court has the authority to do an inquiry. The inquiry is
conducted in the first instance to know if an applicant is an
indigent person or not. It is upon the discretion of the court
whether to accept the report submitted by such an officer or
make an inquiry.
Procedure to file a suit as an indigent person
Before filing a suit as an indigent person begins, it is important
to add all the relevant contents in the application seeking
permission to be an indigent person [Rule 2]. As per Rule 2 of
Order XXXIII, the application must include the particulars
similar to what is mentioned in the plaint and all movable or
immovable properties of the indigent person/applicant along
with its estimated value.
The indigent person/applicant shall himself in person present the
application before the court. In case, such a person is exempted
from appearing in the court, an authorized agent may present the
application on his behalf. In certain circumstances where there
35
are two or more plaintiffs, the application can be presented by
any of them. [Rule 3]. The suit begins as soon as the application
to sue as an indigent person is duly presented before the court.
Subsequently, the indigent person/applicant is examined by the
court. However, if the applicant is being represented by his
agent, then in such a case, the court may examine the applicant
by the commission [Rule 4].
REJECTION OF APPLICATION
AS PER RULE 5 OF ORDER XXXIII OF CPC, the court
will prima facie reject an application seeking permission to sue
as an indigent person in the following cases:
1. In case when the application is not framed and presented in
the prescribed manner. Here, the term ‘prescribed manner’
implies that the application must abide by Rule 2 and Rule
3 of Order XXXIII. Rule 2 and Rule 3 deal with the
contents of the application and its presentation
respectively.
2. The application can be rejected by the court in case the
applicant is not an indigent person.
3. The application can be rejected by the court when the
applicant has fraudulently disposed of any property within
two months before the presentation of the application. It
can also be rejected when the applicant dishonestly applies
only with the motive of just seeking permission from the
court to sue as an indigent person.
4. The court possesses the power to reject the application filed
by an indigent person in an instance where there is no cause
of action.
5. In case, where the applicant has entered into an agreement
with any third party and such agreement pertains to the
subject matter of the suit wherein the other party (other
than the applicant) obtains interest, then, it is one of the
reasons for rejection of the application. It shows the
applicant’s intention to defraud the court.
36
6. Rejection of application is done when the allegations
indicate that the suit is barred by any law.
7. Rejection of application is done in cases where any other
individual enters into an agreement with the applicant to
help him financially in the litigation.
• The Hon’ble Supreme Court in ML Sethi v. RP

Kapoor observed that the provisions of Order 11 Rule 12

involving the discovery of documents would apply to
proceedings under Order XXXIII of the Code of Civil
Procedure.
• Order 33 Rule 6 provides that the court is required to issue

a notice to both the opposite party and the Government

pleader. Following which a day is fixed on which evidence
is received. On such a day, the applicant presents in the
form of proof about his indigency. The opposite party or
the Government Pleader can present their evidence
opposing the applicant’s indigency.
• Order 33 Rule 7 provides for the procedure to be followed

at hearing of the application. The court shall examine the

witnesses (if any), produced by both the parties and hear
arguments on the application or evidence (if any) admitted
by the court. Subsequently, the court will either allow the
application or reject it.
• Order 33 Rule 8 explains the procedure to be followed after

the admission of the application. The application after

being admitted has to be numbered as well as registered.
Such an application will be considered as a plaint in a suit.
Subsequently, such a suit shall proceed in the same manner
as an ordinary suit does.
• Order 33 Rule 9 states that the court has an option to

revoke the permission granted to the plaintiff to sue as an

indigent person. The court can utilise this discretionary
power on receiving the application by the defendant or by
the government pleader, in the following circumstances:
37
1. Where the applicant is guilty of vexatious or improper
conduct in the course of the suit; or
2. Where the applicant’s means are such that he will not
continue to sue as an indigent person; or
3. Where the applicant has entered into an agreement under
which another person has obtained an interest in the subject
matter of the suit.
• The Kerala High Court in R. Jayaraja Menon v. Dr.

Rajakrishnan And Anr., while deciding upon an application

concerning the withdrawal of permission to sue as an
indigent person observed that Rule 9 of Order 33 provides
for a situation where the plaintiff, who was initially
permitted to sue as an indigent person, ceases to be an
indigent person after the suit is filed. In case a plaintiff
ceases to be an indigent person, the court shall compel him
to pay the court fee that he would have paid if he had not
been allowed to sue as an indigent person. It is so plainly a
part of an order under Rule 9 of Code directing the plaintiff
to pay the court fee that he would have paid if he had not
been allowed to file as an indigent person from the outset.
• Rule 9A of the Code provides that the court will assist the

indigent person by assigning him a pleader. A pleader is a

person who is entitled to appear and plead on behalf of
other persons in the court.

38
 PLAINT
A Plaint is a legal document that contains the content of any
civil suit which shows the Plaintiff’s claim after filing suit. The
plaint is the first step of the Plaintiff in the form of a legal
document for the commencement of suit and it shows what a
Plaintiff wants from that suit. The concept of a plaint is
mentioned in the Civil Procedure Code. Through the help of
plaint, the plaintiff narrates or describes the cause of action and
related information which is considered as essential from the
viewpoint of the suit.
In the case of plaint, the cause of action consists of two
divisions, first is the legal theory (the factual situation based on
which the plaintiff claims to have suffered) and second is the
legal remedy that the plaintiff seeks from the court. A plaint is
considered an important concept because it is the foremost and
initial stage to initiate any lawsuit and helps to find a civil court
of appropriate jurisdiction.
Order VII of the Code of Civil Procedure deals, particularly with
plaint. In Order VII of CPC, there are many different rules
which deal with different constituents of plaint. Rules 1 to 8 deal
with the particulars of the plaint. Rule 9 of CPC deals with how
the plaint will be admitted and after that Rule 10 to 10-B talks
about the return of the plaint and the appearance of parties. And
the main Rules i.e 11 to 13 deal with the rejection of the plaint
and in which circumstances the plaint can be rejected.
Section 26 of the Code of Civil Procedure states “Every suit
shall be instituted by the presentation of a plaint or in such other
manner as may be prescribed.” This section clearly shows that
plaint is very much necessary for the establishment of a suit
before the civil or commercial court.

39
 NECESSARY CONTENTS OF A PLAINT
A plaint is a legal document that contains a lot of necessary
contents in the absence of which, it cannot be considered as a
plaint. The contents necessary for a plaint are mentioned in
Rules 1 to 8 of Order VII of CPC. These are mentioned below:
• Plaint should contain the name of the commercial or civil

court where a suit will be initiated.

• Plaint should contain details of the plaintiff such as the

name, address, and description.

• Plaint should contain the name, residence, and description

of the defendant.
• When a plaintiff has some defects or problems in health or

any type of disability, the Plaint should contain a statement

of these effects.
• Plaint should contain the facts due to which cause of action

arises and where the cause of action arises it should also be

mentioned.
• Plaint should not only mention facts due to which cause of

action arises but also those facts which help in recognizing

the jurisdiction.
• Plaint should also contain about that relief which the

plaintiff seeks from the court.

• When the plaintiff is ready to set off a portion of his claim,

the Plaint should contain that amount which has been so

allowed.
• Plaint should contain a statement of the value of the

subject-matter of suit not only for the purpose of

jurisdiction but also for the purpose of court-fees.
• At last, the content that should be on plaint is the plaintiff

verification on oath.

40
 REJECTION OF PLAINT
The Plaint shall be rejected in certain situations when
requirements are not fulfilled. Some of the situations in which
the plaint is rejected are as follows:
• The plaint is rejected in a case where the cause of action is

not disclosed. If the cause of action is not disclosed then it

is not possible to prove the damage caused to the plaintiff.
To seek relief against the defendant, the facts need to be
mentioned clearly. In the case of Snp Shipping Service Pvt.
Ltd. v. World Tanker Carrier Corporation, the plaint was
rejected and the suit dismissed under Order 7, Rule 1(a) of
the C.P.C.,1908.
• The plaint is also rejected in a case where the plaintiff relief

is undervalued and the plaintiff is requested by the court to

correct the valuation within the given time frame but the
plaintiff fails to do so.
• The plaint is rejected in a case where all the documents are

not properly stamped and the plaintiff on being required by

the court to supply the required stamp paper within a time
to be fixed by court fails to do so.
• The plaint is mostly rejected due to the statement

mentioned in the plaint secured by any law or statute that

doesn’t give any right to the plaintiff to file the suit.
• When a duplicate copy of the plaint is not submitted

whereas it is mentioned that it is mandatory to submit the

duplicate copy then in that condition plaint is liable to be
dismissed.
• The plaint is rejected when the plaintiff fails to comply

with the provisions of Rule 9 of Order VII of C.P.C.

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POWERS OF THE COMMISSION
I. The Commission shall, for the purpose of any inquiry under
this Act have the same powers as are vested in a Civil
Court while trying a suit under the Code of Civil procedure,
1908 (Central Act 5 of 1908), in respect of the following
matters, namely:-
a. summoning and enforcing the attendance of any
witness and examining him/her;
b. requiring the discovery and production of any
document;
c. receiving evidence on affidavit;
d. requisitioning any public records or copy thereof from
any public office;
e. issuing commissions for examination of witnesses.
II. Any proceeding before the commission shall be deemed to
be a judicial proceedings within the meaning of sections
193 and 228 of the Indian Penal Code (Central Act 45 of
1860) and the Commission shall be deemed to be a court
for the purpose of section 195 of the Code of Criminal
Procedure 1973 (Central Act 2 of 1974).

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