Legalfundaa

Below is an overview relating to provisions of appeal in Civil Procedure Code. In this blog we will deal with Section 96 to 99 which are related to Appeals from Original Decree. Section 96 Section 96 states when appeal lies from original court and when appeal don't lie. It states that appeal lies against all the decrees. It also states sometimes appeal may lie against ex-parte decrees. It also provides that in case of small cause court cases appeal lies about only question of law. Clause 1 uses the word "shall" and clause 2 uses the word "may". It mean in ex-parte decrees, appeal option always not available. In ex-parte decree, decree can be challenged on certain grounds. Section 97 Section 97 provides that when no appeal is moved against a preliminary decree, then when appeal is made against final decree, correctness of preliminary decree cannot be disputed. Let's take an example. In below image, to the right side suit have many issues...

Part VII of the Civil Procedure Code deals with provision of appeal. In layman's term, appeal is going to higher court just because you feel lower court's decision is not correct, not just. Civil Procedure Code doesn't define what an appeal is. However, various legal scholars tried to define the appeal. Court also tried to define appeal in various judgments. Here are few definitions: Here is how appeals are dealt in Civil Procedure Code in general: Here are general rules about the appeal: Some essential elements of appeal: When you can file an appeal ? Who can file a civil appeal ? Who may not file a Civil Appeal ? As said, this is brief overview about the appeals. Next we will discuss the appeals from original decree. Legalfundaa

Here is an example. X is insured by a company. X dies accidentally. His heirs is to get 1 Crore Rs. Now there are two claimants. Each one of saying "That's my money".  What if both claimant file a suit against insurance company ? How can insurance company decide which claimant is real ? What should insurance company do?   Well, Order 35 is to the rescue. In above example, Insurance company owes a money which they are liable to pay. But there are multiple claimants. In such case Insurance company can file a interpleader suit as per order 35 and relax..! What really is interpleader suit. Section 88 of Civil Procedure code has provisions relating to it. Below are some of the essentials for filing of interpleader suit. Now let us go through the provision provided in Order 35. Rule 1 states about additional details to be included in plaint when suit is interpleader suit.  The first condition, that plaintiff claims no interest is relaxed in US inte...

Summary proceedings are special type of proceedings. In these proceedings, all the technicalities of procedure are not followed. This results in faster disposal of cases. In State of Orissa V Chamanlal AIR 1965, SC 1698 court held that summary procedure are to prevent unreasonable obstruction by the defendant. Which court can carry out summary proceedings? What issues can be decided in Summary proceedings ? Can Supreme Court carry out summary proceedings? Here are answers:   Rule 2 under Order 27 talks about institution of suit. It states that few details has to be mentioned in plaint. It also states that Defendant can defend such suit only by personal appearances. Rule 3 provides the procedure for appearance of defendant. It also states that plaintiff has to serve the notice to defendant. Once notice is served defendant has to appear in court within 10 days. Also defendant cannot defend the suit he will take the permission of Court to defend the suit. Wh...

Order 20 deals with judgment and decree. In this post we will have an overview about a judgment. Judgment is defined in Section 2(9) which says Judgment mean statement given by a judge of the grounds of a decree or order. Rule 1 to 5A deals with judgment. Rule in general talks about when judgment to be pronounced. Later rules talks about content of judgment etc. Rule 1 can be summarized as below: Additional provisions about judgment: Judgment should be clear. It should not be vague. Here are few more details and essentials about judgment. Now a question. Is it possible to alter the judgment? Answer is Yes and No. That's an overview about Judgment under Order 20. Legalfundaa

Order 18 deals Hearing in suit and Examination of Witness. Here are few questions. Who would start examination first ? What should be the language of examination ? Who should take an evidence from witness ? What is the procedure to take down the Evidence ? Answer to these questions are provided in Order 18. It mainly consist of procedure and power of the courts relating to it. The Procedure Who should give the evidence first ? Rule 1 answers this. How should the evidence may be given ?  There has been revamp in the way evidences are taken. Rule 4 states the procedure as to how the evidences be taken. How should evidences be taken in cases where party can file an appeal ? Additional provision regarding language, memorandum etc. Order 18 also provides from recording of demeanor. This one is important. Demeanor are additional things like the way in which witness gave evidence, his expression ,his manner etc. These demeanor are important to find th...

Adjourn mean break off or pause with intention to resume later. Remember the "Tarikh pe Tarikh pe Tarikh" dialogue? Well, this order is kind of responsible for such dialogue. Rule 1 of order empowers the court to grant time and adjourn the hearing. Here are some important points in Rule 1: Rule 2 deals with a scenario when party fails to appear. In such case Court can dispose a suit as per Order 9. Meaning if plaintiff is absent court can dismiss the suit, or when defendant is absent court can pass decree in favor of plaintiff. Rule 3 deals with a scenario when party fails to produce an evidence. In such a case Court can proceed further and decide about the suit. M/S Shiv Cotex vs Tirgun Auto Plast P.Ltd .& Ors Court came down heavily on above case. And rightly so. These days adjournment is used as dilatory(delaying) tactics by many parties only to frustrate other parties. It is deliberately done to frustrate opposite parties.  Court...

There are tons of stages after plaint/WS is submitted and final judgment is given. Below are certain stages. In this blog We will deal with Order 16 i.e Summoning and attendance of witness. Order 16 have 21 rules. These rules mainly deals with How to summon the witness ? Who can summon the witness ? What if witness do not appear after summons ? How Summons are to be served ? Who will bear the cost when witness appears? All in all, it deals with below things: Now party can give a list of witness to court to be summoned or court can sometime on it's own accord order the attendance of witness or production of documents from Witness as per Rule 14 of Order 21. General Procedure When Court summon on the request of parties, procedure is something like First party will submit the list of witness to court withing 15 days of settlement of issues. Court will issue summons based on list. Witness can attend without summons also as per Rule 1A Court issues the ...