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 Section 79 and 80 Below are the objective of this post. Government is big party to suit. Out of pending cases 40% or roughly 3.2 Crore cases are pending against government. When suit is filed against government, it is little bit different than normal suits. When we say government, against whom should we file a suit exactly ? Nehru ? or Manmohan Singh? Who will appear for government ?   These kind of question are answered in Section 79 and 80. Procedural part about suit against government are dealt in Order 27. So, what is the name of the party to suit when it involves the government. Answer is provided in Section 79. There is interesting thing when you file a suit against government. You have to send a notice to party that you are filing a suit.  Like "Hey Municipality, you are not doing your work sincerely, roads are pathetic, garbage is everywhere. I am filing a suit, and sending you this notice under section 80 of Civil Procedure Code. So be r...

You expect that Mr Batman will file an application against you for some interim order. So far Mr Batman haven't filed an application in Court, but you think that very very very likely Mr Batman will file an application against you for some order. You also feel that Court might pass an ex-parte order against you. What will you do ? You will  go and file a Caveat as per Section 148A of Civil Procedure Code. Here is the famous case where Tata Group filed a caveat against expelled CEO Cyrus Mistry. Tatas felt that Cyrus Mistry may file a suit against them so they moved to the court and filed a caveats. They filed caveats in many places like NCLT, High Court, Supreme Court. What is this caveat ? CPC don't provide a definition for it. It's a latin word. However in one of the case court tries to give it a meaning.  It layman's term, it is like asking court, that if anybody files a suit against me, or if there is hearing against me in any of the already filed ...

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

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...

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 ...

Once the plaint and WS is filed, till the decree is passed there are tons and tons of stages. Below are major stages in suit. You remember Movie Kranti where protectionist goes on rampage stating "No Fir, No Arrest, Decision on the spot". It look unlawful for speedy disposal of justice.  However there are certain scenarios wherein suit can be disposed in first hearing itself. Provisions related to it are provided in Order 15   Summary of Order 15 Order 15 provides for various scenarios in which Court can dispose the matter in first hearing itself. Below are such scenarios provided in Rule to Rule 4 When matter decided without framing of issues Apart from Order 15, there are provisions where court can pass a judgment without lengthy procedure. Below are provisions related to it. That's it about Order 15. Legalfundaa