Q.

1) Define a decree judgement and order

explain in detail the provisions relating to decree
judgement and order?

Introduction
 The Civil Procedure Code, 1908 (CPC) provides for the
procedure that must be followed in case a person is
required and willing to file a civil suit.
  While the institution of a civil suit usually happens with the
filing of plaint it finally concludes with passing of a
judgment followed by a decree.
 Section 2 of CPC gives the definition of decree, order and
judgment.
What is a Decree?
A decree is one of the frequently heard terms in Civil
Matters. The adjudication of a courtroom of law is divided
into decree and orders. The term “decree” has been
defined in section 2(2) of the Code of Civil Procedure,
1908. The decree is a proper expression of adjudication by
way of which the courtroom determines the rights of
parties concerning the matter in controversy or dispute.
Decree may be suggested best in the case of a healthy,
i.e., civil proceeding instituted through the presentation of
a plaint.
The decree shall encompass the rejection of a plaint in
figuring out any query under Section 144, but excludes the
following:
1. Any adjudication from which an attraction lies, together
with, an attraction from order.
2. Any order of dismissal for default.

Essentials Elements of A Decree

The decree is a decision of the court. For any decision of
the court to be a decree, the following essentials are
required:
1. There must be an adjudication.
2. The adjudication must be done in a suit.
3. The adjudication must be determining the rights of the
parties concerning all or any of the matter at issue.
4. Such determination must be conclusive in nature.
5. There must be a formal expression of such adjudication.[1]

1. Adjudication
The most essential feature of a decree is that there must be an
adjudication, i.e., a proper decision of the Judge on the
matter at issue. If there’s no judicial determination, there’s no
decree. And such decision must be gone by the Court.
Therefore, an order gone by a politician who isn’t a court can’t
be termed as decree. In Madan Naik v Hansubala Devi, the
Supreme Court held that if the matter isn’t judicially
determined, it’s not a decree.
2. Suit
It may be defined as a civil proceeding which is
instituted within the Court of Law by the presentation of a
plaint. Thus, if there’s no lawsuit, there’s no decree. There
are some applications which are being treated as suit,
such as, proceedings under, the Indian Succession Act,
the Hindu Marriage Act, the Land Acquisition Act, the
Arbitration Act, etc. Therefore, decisions given for these
matters are considered as decrees within the meaning of
Section 2(2) of Civil Procedure Code.[3] Additionally to the
present, decisions held by the tribunals are the
decrees gone by the tribunal and not the Court decree.
3. Rights of the parties
The adjudication must determine the rights of the
parties altogether or any of the matters at issue. If the
Court passes an order on procedural ground, such
order can’t be termed as a decree, such as, an order
dismissing the suit for non-appearance of the parties, or
an order refusing to grant leave to sue as a paper, etc.
The term parties mean parties to the suit, i.e., the plaintiff
(the one that has instituted the suit) and therefore
the defendant (against whom the suit has been filed). In
Kanji Hirjibhai Gondalia vs Jivaraj Dharamshi, the Court
held that the term parties means the parties to the suit,
i.e., the plaintiff and therefore the defendant. Just in
case the Court passes an order upon an application of a
 stranger or a 3rd party during a suit, such order won’t be
considered as a decree.[4]
4. Determination must be conclusive
The judicial determination held by the Court of Law must
be conclusive and final concerning the rights of the parties
to the suit. The provisional decisions or the interlocutory
orders can’t be termed as a decree as they’re not the
ultimate decision of the Court. Therefore, orders gone
by the Court on certain issues and remitting other issues
to the court isn’t a decree because it doesn’t determine
the rights of the parties conclusively.
5. Formal Expression
There must be a proper expression of the adjudication.
The Court must express its decision formally in accordance
with the provisions of law.
What are the Types of Decree?
 As per Section 2(2) of CPC following are the types of
decree
o Preliminary Decree
 Such a decree does not completely dispose of
the suit but determines the rights with regard to
some or one of the matters in controversy.
 Order XX Rule 15 provides that in cases of a
decree in a suit for dissolution of partnership the
Court may pass preliminary decree.
 Order XX Rule 18 provides that in case of decree
in a suit for partition the Court may pass
preliminary decree.
o Final Decree
 A final decree is one which finally settles all
questions in controversy between the parties.
 o Partly Preliminary Partly Final
 Such a composite decree is passed in certain
cases like in a suit for possession of land and
mesne profits.
 The first part is final as it directs delivery of
possession, and the second part is preliminary
as it directs an enquiry as to mesne profits.
o Deemed Decree
 The term ‘deemed’ is generally used to create a
statutory fiction.
 Section 2(2) of CPC provides for two types of
deemed decree:
o Rejection of plaint under Order VI Rule 11 of CPC
o Determination of any question under Section 144 of
CPC
 Section 2(2) of CPC expressly provides that decree shall
exclude the following:
o Any adjudication from which appeal lies as an appeal
from order
o Any order of dismissal for default
What are the Contents of a Decree?
 Order XX Rule 6 of CPC provides that the decree shall
agree with the judgment and shall contain:
o The name of the suit
o The name and description of parties
o Their registered addresses
o Particulars of the claim
o Specify the relief granted or other determination of
the suit
 Order XX Rule 6A provides that the decree shall be drawn
up within 15 days from the date judgment is pronounced.
 Order XX Rule 7 provides that the decree shall bear the
date on which the judgment was pronounced.

 What is a Judgment?
 Section 2(9) of CPC lays down the definition of
judgment.
 “Judgment” means the statement given by the Judge on
the grounds of a decree or order.
 Judgment provides reasons for passing a decree or order.
 Section 33 of the CPC provides that the Court shall after
the case has been heard pronounce the judgment and on
such judgment decree shall follow.
 Order XX Rule 1 of CPC provides that judgment must be
pronounced in open Court either at once or as soon
thereafter as may be practicable.
 The Proviso to Order XX Rule 1 provides that where the
judgment cannot be pronounced at once it must be
pronounced within 30 days from the date on which
hearing of case was concluded and this period should not
extend beyond 60 days from the date on which hearing
of case was concluded (in case of exceptional
circumstances and due notice of the date fixed must be
given to the parties or their pleaders).
 Order XX Rule 2 of CPC provides that the Judge shall
pronounce the judgment written but not
pronounced by his predecessor.
 Order XX Rule 3 of CPC provides that the judgment shall
be dated and signed by the Judge in open Court and once
signed it shall not altered or amended except as provided
under Section 152 of CPC or on review.
 Order XX Rule 4 of CPC provides that Courts other than
Courts of Small Causes must contain:
o Concise statement of the case
o Points for determination
o Decision thereon
o Reasons for such decision
 Judgment delivered by Court of Small Causes need not
contain more than points for determination and decision
thereon.
  In the case of Gajraj Singh v. Deohu (1951), the Court
held that the judgment must be intelligible and must
show that the judge has applied his mind.
What is Order?
 Section 2(14) of CPC defines order.
 “Order” means formal expression of any decision of a Civil
Court which is not a decree.
 Therefore, adjudication which is not a decree is order.
 Difference between Judgment and Decree
Judgment Decree
1. Judgment is defined under Section
1. Decree is defined under Section 2(2) of Civil
2(9) of the Civil Procedure code,
Procedure code, 1908
1908.
2. Judgement means statement given 2. Decree is an adjudication conclusively determining
by a Judge of the grounds of decree the rights of the parties with regards to all or any of the
or order. matter in the controversy.
3. It is not necessary that there
3. It is necessary that there must be formal expression
should be a formal expression of
of the decree
order in the judgement
4. Judgement states preciously the
4. Decree must determinate the rights of the parties
relief granted.
5. Judgement contains the grounds of
5. Decree follows the judgment.
decree.
6. Judgment may be passed in civil
6. Decree is passed in a civil suit.
suits as well as in criminal cases.
7. Judgment is not capable of
7. Decree is capable of execution.
execution.

Difference between Decree and Order


Decree Order
1. Section 2(2) of the Code of Civil 1. Section 2(14) of the
Procedure defines “Decree” CPC defines “Order”
2. “Decree” means the formal
expression of an adjudication which, 2. According to Section
so far as regards the Court expressing 2(14) of the said Code,
it, conclusively determines the rights “order” means the
of the parties with regard to all or any formal expression of any
of the matters in controversy in the decision of a Civil Court
suit and may be either preliminary or which is not a decree.
final.
3. Decree can only be passed in a suit 3. An order may
which commenced by presentation of originate from a suit by
a plaint. presentation of a plaint
or may arise from a
 Decree Order
proceeding commenced
by a petition or an
application.
4. Decree may be preliminary or final 4. An order cannot be a
or partly preliminary and partly final. preliminary order.
5. Every order is not
5. Every decree is appealable
appealable

Conclusion
 A civil suit is instituted by presentation of a plaint and
ends with a judgment followed by a decree.
 While judgment provides for grounds of a decree, decree
is a formal expression of adjudication which conclusively
determines the rights of the parties.
 Formal expression of any decision which is not a decree is
order.
 Thus, all three are very important in a civil suit and have
their own significance.

Q.2)Define summons? What are the different

modes of service of summons?
Ans:-
Introduction
A summons is a formal legal document issued by a
court requiring a person to appear in court or produce
documents regarding a lawsuit. It acts as a notice to
the defendant that a case has been filed against them.
Under Order 5 of the Code of Civil Procedure (CPC),
1908, summons are served through personal delivery,
registered post, court officers, or substituted service
(like newspaper publication)
Definition of summons:-
A summons is an official court document ordering a
person to appear in court, answer a lawsuit (civil), or
respond to charges (criminal) at a specific time and
place. It serves as formal notice that legal proceedings
have commenced and instructs the recipient to take
specific action, such as filing a defense, to avoid a
default judgment.
The following are the requisites of a valid
summons:
a. it should be signed by the presiding officer issuing
the summons or by the officer appointed for that
purpose;
b. the seal of the court should be affixed on it;
c. the copy of plaint should be enclosed;
d. the date, place and time should be mentioned
when any individual and his advocate is to present
in the court;
e. the purpose of issuing summons should be
mentioned
f. if the summon is issued to call any document then
full particular of that document should be given.

The service summons can be effected by means

of following methods:
i. by registered post
ii. by speed post
iii. by currier service;
iv. by message by fax (order 5, Rule 9).

Modes of Service:
Under Rule 12, order 5 of Civil Procedure Code 1908,
various modes of service of summons have been
described.

Personal Service:
This is the most popular method of service of
summons. Under this, the copy of summons is given to
the defendant. The signature of the defendant are
taken on the second copy. Such service may be
effected on the authorized agent of the defendant
(Order 5, Rule 15).

1. Service by fixing the Summons:

This is the second method of service of summons.
When the personal service is not possible; then the
copy of the summons can be affixed on that
building; gate or at such visible places where that
person;

i. resides; or
ii. does his business; or
iii. works himself for profits or gains (order 5, Rule
17).
When service of summons is effected by above
method, then the officer who effects such service by
this mode will submit his report to the court mentioning
the reasons for such service. The names and addresses
of those persons will be written who have identified
such house.

When summons have been issued on both husband and

wife both, and the husband has refused to take
summons; the service of summons on wife could not
have been made because she was inside the house;
then the affixing the summons on the visible portion of
the house was considered proper (Meera Rani De Vs
Goswami, A.I.R. 1977, Calcutta 372).

2. Substituted Service:
The third method of service of summons is
substituted service. Its mention has been made
under order 35, Rule 20 of the code. This mode of
service is used only when;
 a. the defendant tries to avoid taking summons,
or
b. the summons could not be served by other
normal methods.
Under such conditions, the summons can be
served by using the following methods:

iii. by affixing one copy of the summons on the

consoecuous place of the court;
iv. by affixing the conspicuous place of the
resident of the defendant at his place of
business or at the place where he works and
v. by publishing in the daily newspaper
circulating in that area.
This type of service has the same effect as the effect of
personal service. In Mrs. Rampyari Devi Vs Additional
District Judge (second) Ajamgarh [(A.I.R. 1989,
Allahabad 93] the publishing of summons in newspaper
was held as valid service of summons.

3. Service of summons by post:

Under Rule 9, order 5 of the code, the service of
summons can be also be made by following
methods:

a. By registered post;
b. By speed post;
c. By courier service;
d. By fax message;
e. By electronic mail service.
When a summon is sent by registered post then the
acknowledgement si signed by the defendant or his
agent. It is sufficient service of summons. If the
defendant refuses to take this, it is also considered as
sufficient service (Sameer Snigdha Chandra Vs
Pranya Bhushna Chandra, A.I.R. 1989, Orissa 185).
 4. Service of Summons on the defendant
leaving in the jurisdiction of other court:
If the service of summons is to be effected on the
defendant who is detained in the prison, their for
such service, the incharge of such service prison
shall be:

a. informed or
b. summon shall be sent to him by post; or
c. by courier service; or
d. by fax message
e. by electronic mail service.
The incharge of such prison shall effect the service fo
such summons on the defendant (order 5, Rule 24).

5. Service of Summons Outside India:

If the service of summon is to be effected on such
person who resides outside India and his
representative or agent does not reside in India,
then summons shall be rent to him;

a. by post;
b. by courier services;
c. by fax message;
d. by electronic mail service (order 5, Rule 25)
if such defendant resides in Bangladesh or Pakistan,
then the summons shall be sent to any court in that
country.

6. Service of Summons by Political Agent or

Court:
Another mode of service of summon in other
countries has been stated under order 5, Rule 26
of the code. According to this, summons shall be
sent to the political agent or court of that country
under whose jurisdiction such defendant resides,
 does his business or works for profits or gains.

7. Service of summons on the Public Officer:

If the service of Summons is to be effected on:

a. any public officer

b. any employee in service of Railway Company
or
c. on local officer.
Then summons shall be sent to the Head of such Office
under whose subordination such officer works. The
head will effect the service of such summons (order 5,
Rule 27).
Conclusion
A summons for disposal of suit is a pivotal element in the civil
litigation process, ensuring that parties appear in court to
address and resolve issues related to the suit. Governed by
Order V of the CPC, this summons facilitates the orderly
progression of legal proceedings, balancing the need for timely
justice with the principles of fairness and due process.
Compliance with the summons requirements is important, as
failure to do so can result in immediate judgement or
adjournment, underscoring the importance of adhering to
judicial directives in the pursuit of justice.

Q.3) Discuss the provisions under code of civil procedure

dealing with settlement of disputes outside the court?
Ans:- Introduction
The Code of Civil Procedure, 1908 (CPC) encourages amicable
settlement of disputes to reduce litigation burden and promote
speedy justice. One of the most significant provisions in this
regard is Section 89 CPC, read with Order X Rules 1A, 1B, and
1C.
These provisions were introduced by the Amendment Act of
1999 to promote Alternative Dispute Resolution (ADR)
mechanisms.

1. Section 89 CPC – Settlement of Disputes Outside

Court
Provision:
Section 89 empowers the court to refer disputes for settlement
outside court when:
It appears that elements of a settlement exist.
The court formulates terms of a possible settlement.
The matter is referred to ADR mechanisms.
[Link] Methods Recognized
Section 89 provides for the following modes:
Arbitration
Conciliation
Judicial Settlement (including Lok Adalat)
Mediation
(a) Arbitration
Governed by Arbitration and Conciliation Act, 1996
Dispute is referred to an arbitrator.
Decision (award) is binding and enforceable like a decree.
(b) Conciliation
Also under the Arbitration and Conciliation Act, 1996.
Conciliator facilitates settlement between parties.
Settlement agreement has the same status as an arbitral
award.
(c) Judicial Settlement
Settlement is arrived at before a judge or through institutions
like Lok Adalat
Governed by Legal Services Authorities Act, 1987
Award is final, binding, and not appealable.
(d) Mediation
Neutral third party assists parties to reach a voluntary
settlement.
Flexible and confidential process.
Increasingly used in civil disputes like family, property, and
commercial matters.
3. Order X CPC (Rules 1A, 1B, 1C)
These provisions supplement Section 89:
Rule 1A – Direction of Court
Court directs parties to choose any ADR method.
Rule 1B – Appearance before Forum
Parties must appear before the chosen forum/authority.
Rule 1C – Result of ADR
If settlement is reached → reported to court and decree passed.
If not → matter returns to court for trial.
4. Procedure under Section 89
Court identifies possibility of settlement.
Formulates terms of settlement.
Parties are given an option to choose ADR mode.
Matter referred to appropriate forum.
Settlement (if reached) is recorded and decree passed.
5. Important Case Laws
1. Salem Advocate Bar Association v. Union of India
Supreme Court upheld the validity of Section 89.
Directed framing of mediation rules.
Clarified practical implementation of ADR.
2. Afcons Infrastructure Ltd. v. Cherian Varkey
Construction Co.
Clarified scope and applicability of Section 89.
Held:
Court must apply mind before referring.
Not all cases are suitable for ADR.
Listed categories suitable for mediation.
6. Advantages of ADR under CPC
Speedy disposal of cases
Cost-effective
Reduces burden on courts
Confidential proceedings
Preserves relationships (especially in family and commercial
disputes)
7. Limitations
Not suitable for:
Serious fraud cases
Criminal matters
Public interest litigation
Requires willingness of parties
Sometimes lacks enforceability (except arbitration & Lok
Adalat)
Conclusion
The CPC, through Section 89 and Order X Rules 1A–1C, plays a
vital role in promoting alternative dispute resolution. It reflects
a shift from adversarial litigation to cooperative settlement.
Judicial interpretation has strengthened its implementation,
making ADR an essential part of the Indian legal system.

Short notes :-
1) CONDONATION OF DELAY:-
INTRODUCTION:-
th
 The Limitation Act, 1963, enacted on 5 October
1963, and effective from 1st January 1964, aims to
prescribe the time periods within which existing
rights can be enforced in courts of law.
 The Act is based on the Latin maxim "vigilantibus,
non dormientibus jura subveniunt," which means
that the law assists the vigilant, not those who
sleep over their rights.
 However, the Act recognizes that there may be
circumstances beyond a litigant's control that
prevent them from filing a suit or appeal within the
prescribed time limit.
 This is where the concept of "condonation of delay"
comes into play.
What is Condonation of Delay?
o Condonation of delay is a discretionary
remedy exercised by courts wherein, upon an
application made by a party who wishes to
have an appeal or application admitted after
the prescribed period, the court may condone
(overlook) the delay if the party provides a
“sufficient cause” that hindered them from
filing the appeal or application on time.
o If the court is satisfied with the sufficient
cause, it may condone the delay and admit
the appeal or application as if no delay had
occurred, allowing the matter to proceed on
merits rather than being dismissed solely on
technical grounds.
 Section 5 of the Limitation Act, 1963:
o Section 5 of the Limitation Act, 1963
enunciates the principle of condonation of
delay. It states:
o “Any appeal or any application, other than an
application under any of the provisions of
Order XXI of the Code of Civil Procedure, 1908,
 may be admitted after the prescribed period if
the appellant or the applicant satisfies the
court that he had sufficient cause for not
preferring the appeal or making the
application within such period”.
o The Explanation to Section 5 further clarifies
that if the appellant or applicant missed any
order, practice, or judgment of the High Court
in ascertaining or computing the prescribed
period, it may constitute a sufficient cause
within the meaning of this section.
 Interpreting "Sufficient Cause":
o The term "sufficient cause" has not been
defined in the Limitation Act, 1963 allowing
courts broad discretion in its interpretation.
 Sufficient Cause to Grant Condonation of
Delay:
o Significant changes in the law
o Serious illness of the applicant
o Imprisonment of the applicant
o The applicant being a pardanashin woman
(living in seclusion)
o Delay in procuring copies from officials,
provided the applicant initiated efforts to
obtain them vigilantly
o Delay caused by the action or inaction of the
applicant's lawyer
 Applicability to Special Laws:
o The provisions of Section 5 of the Limitation
Act, 1963 may not apply to special laws or
statutes that have their own provisions for
condonation of delay.
o For instance, the Supreme Court has held in
several cases that Section 34(3) of the
Arbitration and Conciliation Act, 1996 (A&C
Act), which deals with setting aside an arbitral
award, expressly excludes the applicability of
 Section 5 of the Limitation Act, 1963 by using
the phrase "but not thereafter."
 CASE LAWS:-
 Krishna v. Chattappan (1889):
o The Privy Council laid down two rules for
interpreting "sufficient cause":
 the cause must be beyond the control of
the invoking party, and
 the parties must not be lacking bona fide
or shown to be negligent or inactive.
 Ramlal v. Rewa Coalfields Ltd. (1962):
o The Supreme Court held that the delay
requiring explanation is from the date the time
was running out until the date of filing the
appeal or application, and that a lack of
diligence until the last date of limitation would
not disqualify a person from applying for
condonation of delay.
 State of W.P v. Howrah Municipality (1972):
o The Supreme Court held that the expression
"sufficient cause" should be construed liberally
to advance substantial justice.
 New India Insurance Co. Ltd. v. Smt. Shanti
Misra (1976):
o The Supreme Court held that the discretion
conferred by Section 5 of Limitation Act, 1963
cannot be interpreted in a way that converts
a discretionary remedy into a rigid rule, and
the term "sufficient cause" cannot be defined
by hard and fast rules.
 Collector Land Acquisition v. Mst. Katiji & Ors
(1987):
o The Supreme Court laid down guidelines for
administering the doctrine of condonation of
delay, emphasizing that substantial justice
should be preferred over technical
considerations and that there is no
 presumption that the delay is caused
deliberately.
 Vedabai alias Vaijayantabai Baburao Patil v.
Shantaram Baburao Patil and others (2001):
o The Supreme Court stated that in exercising
discretion under Section 5, courts
should adopt a pragmatic approach,
distinguishing between inordinate delays and
relatively short delays, and keeping in mind
that the principle of advancing substantial
justice is of prime importance.
o
 2) KINDS OF JURISDICTION:-
Introduction
Jurisdiction refers to the authority of a court to hear and
decide a case. It is a fundamental principle of law that
no court can adjudicate upon a matter unless it has
jurisdiction.
The Code of Civil Procedure, 1908 (CPC), lays down
detailed provisions regarding the jurisdiction of civil
courts in India. Jurisdiction is essential as it determines
which court has the competence to hear a particular
matter, ensuring that cases are adjudicated efficiently
and justly.
Types of Jurisdiction
Jurisdiction under CPC can be broadly classified into the
following categories:
1. Territorial Jurisdiction
Territorial jurisdiction refers to the geographical limits
within which a court has the authority to adjudicate
matters. Section 16 to Section 20 of the CPC deal with
territorial jurisdiction.
 Section 16: Relates to suits concerning
immovable property, stating that such suits must
be instituted in the court within whose territorial
limits the property is situated.
  Section 17: Deals with cases where the property
is situated in the jurisdiction of more than one
court.
 Section 18: Provides for situations where there is
uncertainty regarding jurisdiction.
 Section 19: Applies to suits related to
compensation for wrongs to a person or movable
property.
 Section 20: States that suits not covered under
previous sections can be filed where the defendant
resides, carries on business, or where the cause of
action arises.
2. Pecuniary Jurisdiction
Pecuniary jurisdiction refers to the monetary value of a
claim that a court is authorized to hear. The CPC
ensures that cases are filed in courts with the
appropriate financial competence. The hierarchy of
courts based on pecuniary limits is prescribed under
respective High Court rules.
3. Subject Matter Jurisdiction
This type of jurisdiction is based on the nature of the
case. Certain courts have exclusive jurisdiction over
specific types of matters. For example, family courts
deal exclusively with matrimonial disputes, while
commercial courts handle commercial disputes above a
certain monetary threshold. Civil courts do not have
jurisdiction over matters expressly barred by law.
4. Original and Appellate Jurisdiction
 Original jurisdiction refers to the authority of a
court to hear a case in the first instance. District
courts and High Courts (in certain cases) have
original jurisdiction over civil matters.
 Appellate jurisdiction allows a higher court to
review the decision of a lower court. High Courts
and the Supreme Court exercise appellate
jurisdiction in civil matters.
5. Inherent Jurisdiction
Inherent jurisdiction refers to the power of a court to
act in the interest of justice even when specific
provisions may not expressly confer such authority.
Section 151 of the CPC recognizes the inherent powers
of civil courts to pass necessary orders to meet the
ends of justice and prevent abuse of process.
Exclusion of Jurisdiction
Jurisdiction of civil courts can be excluded in the
following ways:
 By Statute: When a specific statute explicitly bars
the jurisdiction of a civil court, such as in cases
related to taxation, labor disputes, or special
tribunals.
 By Agreement: Parties to a contract may agree to
submit their disputes to arbitration or a specific
court.
 By Doctrine of Res Judicata (Section 11 CPC):
A matter that has been finally decided cannot be
re-litigated in another court.
Objections to Jurisdiction
An objection regarding jurisdiction must be raised at
the earliest possible stage. If a case is heard by a court
without jurisdiction, its decision is void ab initio.
However, if the parties do not object and the case is
decided on merits, the decision may still hold unless it
is challenged in a higher court.
Conclusion
Jurisdiction is a crucial aspect of the judicial process as
it determines which court can entertain a case. The CPC
lays down elaborate provisions to ensure that cases are
instituted in appropriate courts, thereby preventing
unnecessary delays and jurisdictional conflicts.

3) WRITTEN STATEMENT:-
Introduction
A written statement ordinarily means a reply to
the plaint filed by the plaintiff. It is the pleading of the
defendant. Order 8 of the Code of Civil Procedure,
1908 (CPC) contains provisions in relation to written
statement.
Written Statement
 Rule 1 of Order 8 deals with written
statement. It states that -
The Defendant shall, within thirty days from the
date of service of summons on him, present a
written statement of his defence.
Provided that where the defendant fails to file the
written statement within the said period of thirty days,
he shall be allowed to file the same on such other
day, as may be specified by the Court, for reasons
to be recorded in writing, but which shall not be later
than ninety days from the date of service of
summons.
Provided that where the defendant fails to file the
written statement within the said period of thirty
days, he shall be allowed to file the written statement
on such other day, as may be specified by the Court,
for reasons to be recorded in writing and on payment of
such costs as the Court deems fit, but which shall not
be later than one hundred twenty days from the
date of service of summons and on expiry of one
hundred twenty days from the date of service of
summons, the defendant shall forfeit the right to file
the written statement and the Court shall not
allow the written statement to be taken on
record.
New Facts to be Specially Pleaded in Written
Statement
 As per Rule 2 of Order 8 of CPC, the defendant
must raise by his pleading all matters which
show the suit not be maintainable, or that the
transaction is either void or voidable in point of
law, and all such grounds of defence as, if not
raised, would be likely to take the opposite party
 by surprise, or would raise issues of fact not arising
out of the plaint, as, for instance, fraud, limitation,
release, payment, performance, or facts showing
illegality.
Denial to be Specific in Written Statement
 As per Rule 3 of Order 8 of CPC, it shall not be
sufficient for a defendant in his written statement
to deny generally the grounds alleged by the
plaintiff, but the defendant must deal
specifically with each allegation of fact of
which he does not admit the truth, except
damages.
Evasive Denial in Written Statement
 As per Rule 4 of Order 8, where a defendant
denies an allegation of fact in the plaint, he
must not do so evasively, but answer the
point of substance. Thus, if it is alleged that he
received a certain sum of money, it shall not be
sufficient to deny that he received that particular
amount, but he must deny that he received that
sum or any part thereof, or else set out how much
he received. And if an allegation is made with
diverse circumstances, it shall not be sufficient
to deny it along with those circumstances.
Set-Off to be Given in Written Statement
 As per Rule 6 of Order 8 of CPC, where in a suit for
the recovery of money the defendant claims
to set-off against the plaintiff's demand any
ascertained sum of money legally recoverable by
him from the plaintiff, not exceeding the pecuniary
limits of the jurisdiction of the Court, and both
parties fill the same character as they fill in the
plaintiff's suit, the defendant may, at the first
hearing of the suit, but not afterwards unless
permitted by the Court, presents a written
statement containing the particulars of the
debt sought to be set-off.
Counter Claim to be Stated in Written Statement
 As per Rule 6B of Order 8 of CPC, where any
defendant seeks to rely upon any ground as
supporting a right of counterclaim, he shall, in his
written statement, state specifically that he
does so by way of counterclaim.
Failure to Present Written Statement
 As per Rule 10 of Order 8 of CPC where any party
from whom a written statement is required under
Rule 1 or Rule 9 fails to present the same within
the time permitted or fixed by the Court, as the
case may be, the Court shall pronounce
judgment against him, or make such order in
relation to the suit as it thinks fit and on the
pronouncement of such judgment a decree shall be
drawn up.
 Provided further that no Court shall make an
order to extend the time provided under Rule
1 of this Order for filing of the written statement.
Case Law
 In Kailash v. Nankhu (2005), the Supreme
Court held that the proviso to Rule 1 of Order 8 of
CPC is directory and permissive and not
mandatory and imperative.
 In Salem Advocate Bar Assn. V. Union of India
(2005), the Supreme Court clarified that under
Rule 10 of CPC, the court has wide powers to
‘make such order in relation to the suit as it
thinks fit.’ The order extending the time to file a
written statement cannot be made routinely. The
time can be extended only in exceptionally hard
cases.

4) TYPES OF DECREE:-
What is a Decree?
The term “decree” is defined under Section 2(2) of
the Civil Procedure Code, 1908. It states:
“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.”
In simpler terms, a decree is the court’s decision on the
rights of the parties involved in a civil dispute. It is a
formal, written declaration that resolves the issues
presented in a case.
Key Elements of a Decree
1. There must be a judicial determination of the
dispute.
2. The decree determines the rights and liabilities of
the parties.
3. The decision must settle the issues finally, leaving
no ambiguity.
4. The court’s decision must be recorded in a formal
manner.
5. A decree can only arise out of a suit filed in a civil
court.
Types of Decrees
The CPC recognizes three main types of decrees:
1. Preliminary Decree (Section 2(2)):
A preliminary decree is one that decides the
rights of the parties involved in a suit but does not
completely dispose of the suit. It lays down the
groundwork for further proceedings and serves as
a preparatory stage for the final
[Link]: In a partition suit, the court
may determine the shares of parties first
(preliminary decree) and later divide the property
(final decree). A preliminary decree may declare
the rights of creditors and beneficiaries before
directing the final settlement of accounts.
2. Final Decree (Section 2(2)): A final
decree conclusively resolves all matters in
 controversy between the parties and disposes of
the suit entirely. It is the last step in the judicial
process and provides enforceable relief to the
successful [Link] disposes of the entire suit
without leaving any issues unresolved. It is
executable and enforceable by the decree holder.
It may follow a preliminary decree or directly
resolve all issues without a preceding preliminary
decree.
Example: The court’s final division of property based
on the shares determined in the preliminary decree in a
partition suit.
3. Partly Preliminary and Partly Final Decree:A
partly preliminary and partly final decree is a
hybrid decree where part of the suit is conclusively
decided (final), while other issues are left open for
further adjudication (preliminary). The purpose of
this type of decree is to address complex cases
where certain aspects can be finalized while others
require additional [Link] contains elements
of both preliminary and final decrees. It is passed
in suits involving multiple issues or claims. It allows
partial execution of the decree while leaving other
matters for determination.

In mortgage suits, the court may decree the

amount due as preliminary and order the sale of
the property as final.
Essentials of a Decree
1. A decree can only be passed in a suit instituted by
presenting a plaint.
2. The court must make a formal decision on the
matters in controversy.
3. The decision must determine the legal rights of the
parties conclusively.
4. The decree must be pronounced by a court of
competent jurisdiction.
 5. Interim or interlocutory orders, which are
temporary in nature, do not constitute decrees.
Conclusion
The term “decree” holds immense significance as it
represents the final adjudication of a dispute by a civil
court. Whether preliminary or final, the decree’s role in
the judicial process underscores the importance of
procedural law in achieving substantive justice.

5) APPOINTMENT OF A RECEIVER:-

Under Order XL (40) of the Civil Procedure Code (CPC),

1908, courts can appoint a receiver to manage or
protect property during legal proceedings if it is "just
and convenient". This discretionary, protective measure
removes property from parties' possession, requiring
the receiver to furnish security, report, and act under
court direction.
 Purpose: To preserve the subject matter of the
suit and prevent loss, waste, or injury to the
property until a final decision is made.
 When Appointment Occurs: A receiver can be
appointed before or after a decree, in a pending
suit or in an appeal.
 "Just and Convenient" Factors:
The court considers whether the applicant has a
strong prima facie case, if there is a risk of losing the
property, and if it is equitable.
 Powers & Duties:
o Management: Collect rents/profits, manage,
and protect the property.
o Legal Action: Initiate or defend suits, execute
documents, and manage affairs as authorized.
o Accountability: Must furnish security, submit
accounts for income/expenses, and pay the
amount due as the court directs.
  Restriction: The court should not appoint a
receiver merely because it "will do no harm," but
rather as a last resort to avoid irreparable injury.
Receiver's Liability & Remuneration:
 If a receiver fails to submit accounts, pays late, or
causes loss to the property through wilful default
or gross negligence, the court can direct their
property to be attached and sold to compensate
for the loss.
 The court may fix remuneration for the receiver's
service

Special Case (Collector):

 If the property is land paying revenue to the
government, the court may, with the consent of
the Collector, appoint them as the receiver