Detailed Notes: Module 01 (Preliminary, Institution of Suits, Bar to Jurisdiction, Maintainability)

1. Objects, Purposes, and History of the Code of Civil Procedure

The Code of Civil Procedure (CPC), 1908, is the framework governing the procedural aspects of Civil
Courts.

 Statutory Basis and History: The CPC, 1908 (Act No. 5 of 1908), is an Act designed to
consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.
It came into force on the first day of January, 1909.

 Objects and Purposes: The main objective of the course is to give the student a thorough
knowledge of the procedural aspects of working of civil courts and other machineries. The
Code itself provides the provisions related to general principles of jurisdiction.

 Structure: The Code includes both Sections (dealing with general principles of jurisdiction) and
Rules (prescribing procedures and methods that govern civil proceedings). The Rules in the First
Schedule have effect as if enacted in the body of this Code.

2. Definitions (Section 2)

Term Statutory Basis & Definition Key Elements

(Section 2)

Decree The formal expression of an May be preliminary or final. Includes the

adjudication which conclusively rejection of a plaint (Order VII, Rule 11)
determines the rights of the and determination of questions under
parties concerning all or any of the Section 144. Excludes: (a) adjudications
matters in controversy in the suit. appealable as an appeal from an order, or (b)
any order of dismissal for default.

Decree-holder Any person in whose favour a

decree has been passed or an order
capable of execution has been
made.

District The local limits of the jurisdiction Also includes the local limits of the ordinary
of a principal Civil Court of original civil jurisdiction of a High Court.
original jurisdiction (District
Court).

Judge The presiding officer of a Civil

Court.

Judgment The statement given by the Judge

of the grounds of a decree or
order.

Judgment- Any person against whom a decree

debtor has been passed or an order
capable of execution has been
made.

Legal A person who in law represents Includes any person who intermeddles with
Representative the estate of a deceased person. the deceased's estate.

Mesne Profits Profits which the person in Shall not include profits due to
 wrongful possession of property improvements made by the person in
actually received or might, with wrongful possession.
ordinary diligence, have received
therefrom, together with interest
on such profits.

Order The formal expression of any

decision of a Civil Court which is
not a decree.

3. Subordination of Courts (Section 3)

 The syllabus mandates the study of the Subordination of courts.

 Section 3 of the CPC explicitly addresses the framework of subordination of Courts.

4. Jurisdiction, Types of Jurisdiction, and Bar to Jurisdiction

This is the cornerstone of civil procedure, determining the authority of a court to hear a suit.

 General Jurisdiction (Section 9): Courts shall have jurisdiction to try all suits of a civil nature
unless their cognizance is expressly or impliedly barred.

o A suit contesting the right to property or an office is a suit of a civil nature.

 Pecuniary Jurisdiction (Section 6): Nothing in the Code gives a Court jurisdiction over suits
where the value of the subject-matter exceeds the pecuniary limits of its ordinary jurisdiction.

 Issue of Jurisdiction as Preliminary Issue (Order XIV, Rule 2):

o While the general rule is that the Court pronounces judgment on all issues, it may try an
issue of law first if it relates to the jurisdiction of the Court.

 Objections to Jurisdiction (Section 21): Objections regarding jurisdiction are permitted under
the Code.

 Bar to Jurisdiction/Further Suit (Section 12): Where a plaintiff is precluded by rules from
instituting a further suit in respect of any particular cause of action, he shall not be entitled to
institute a suit.

5. Place of Suing (Territorial Jurisdiction) and Institution of Suits

A. Institution of Suits

 Mode of Institution (Section 26, Order IV): Every suit shall be instituted by the presentation
of a plaint.

 Plaint Requirements: The plaint must comply with the rules contained in Orders VI (Pleadings)
and VII (Plaint). Facts in the plaint shall be proved by affidavit.

 Register: The Court shall cause the particulars of every suit to be entered in the register of civil
suits.

B. Place of Suing (Sections 15-20)

 Court of Lowest Grade (Section 15): Every suit shall be instituted in the Court of the lowest
grade competent to try it.

 Immovable Property (Sections 16, 17): Suits for recovery, partition, or mortgage of immovable
property shall be instituted where the subject-matter is situate. If the property is situate within
 the jurisdiction of different Courts, the suit may be instituted in any of those Courts, provided
the entire claim is cognizable by that Court.

 Compensation for Wrongs (Section 19): Suits for compensation for wrongs to person or
movable property can be filed either where the wrong was done or where the defendant
resides or carries on business.

 Other Suits (Section 20): All other suits are instituted where the defendant resides or carries
on business or where the cause of action wholly or partly arises.

6. Res Judicata and Res Subjudice (Stay of Suit)

 Res Judicata (Section 11): This doctrine bars the trial of any suit or issue in which the matter
was directly and substantially in issue in a former suit.

o Binding Conditions: The suits must be between the same parties (or those claiming
under them), litigating under the same title, and the issue must have been heard and
finally decided by a competent Court.

o Constructive Res Judicata (Explanation IV): Any matter which might and ought to
have been made ground of defence or attack shall be deemed to have been in issue.

o Scope: Applies to proceedings for the execution of a decree (Explanation VII).

 Res Subjudice (Stay of Suit) (Section 10): This provision dictates that no Court shall proceed
with the trial of any suit where the matter in issue is also directly and substantially in issue in
a previously instituted suit.

o Exception: The pendency of a suit in a foreign Court does not preclude the Courts in
India from trying a suit founded on the same cause of action.

7. Parties to a Suit, Joinder, Misjoinder, and Non-Joinder of Parties

The rules governing parties are found under Order I.

 Joinder of Parties (Order I, Rule 1 & 3): Parties may be joined as plaintiffs or defendants where
the right to relief arises out of the same act or transaction or series of acts or transactions,
and a common question of law or fact would arise.

 Misjoinder and Non-Joinder (Order I, Rule 9): No suit shall be defeated merely because of
the misjoinder or non-joinder of parties. The Court can deal with the rights of the parties actually
before it.

 Objections (Order I, Rule 13): Objections regarding non-joinder or misjoinder must be taken at
the earliest possible opportunity, or at or before the settlement of issues, otherwise they are
deemed to be waived.

 Adding Parties (Order I, Rule 10): The Court may add a person as a party whose presence is
necessary to effectually and completely adjudicate upon and settle all the questions
involved in the suit.

8. Recognised Agents and Pleaders, Effect of Death, Marriage, and Insolvency of Parties

 Recognised Agents and Pleaders (Order III): A party may appear, act, and make applications
through a recognised agent or a pleader. A "pleader" includes an advocate, vakil, and attorney.
The instrument granting authority must be in writing and filed in Court.
  Effect of Death (Order XXII): The death of a plaintiff or defendant shall not cause the suit to
abate if the right to sue survives. The CPC contains provisions regarding proceedings by or
against representatives (Section 146).

 Effect of Insolvency (Order XXII, Rule 8): The insolvency of a plaintiff shall not cause the suit
to abate if the assignee or receiver might maintain the suit, unless that party declines to continue
the suit or give security for costs.

9. Frame of Suit, Whole Claim, Joinder and Misjoinder of Causes of Action and Claims, Bar of Suit on
Same Cause of Action

The principles are governed by Order II.

 Frame of Suit (Order II, Rule 1): The suit must be framed to afford ground for final decision
and to prevent further litigation.

 Whole Claim Rule (Order II, Rule 2): Every suit shall include the whole of the claim in respect
of the cause of action.

o Relinquishment: If a plaintiff intentionally relinquishes or omits any portion of the

claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.

 Joinder of Causes of Action (Order II, Rule 3): A plaintiff may unite several causes of action
against the same defendant. The jurisdiction of the Court depends on the aggregate subject-
matters.

 Joinder with Immovable Property Claims (Order II, Rule 4): Generally, no cause of action shall
be joined with a suit for the recovery of immovable property without the Court's leave, except
claims for mesne profits or arrears of rent.

 Misjoinder of Causes of Action (Order II, Rule 7): Objections regarding misjoinder of causes of
action must be taken at the earliest possible opportunity (at or before the settlement of
issues).

 Bar of Suit on Same Cause of Action: This is effectuated by Order II, Rule 2 (Relinquishment of
part of claim), and the general Bar to further suit under Section 12.

That is a highly targeted and practical request. As your dedicated expert, I will now provide the relevant
legal framework by consolidating the Orders and Rules from the sources that govern Module 01 concepts,
followed by a note on the important case laws, based strictly on the provided syllabus and source
material.

Consolidated Table of Relevant Orders, Sections, and Rules (Module 01)

The following table summarises the statutory provisions in the Civil Procedure Code (CPC), 1908, relevant
to the concepts covered in Module 01: Preliminary, Institution of Suits, Bar to Jurisdiction, and
Maintainability.

Topic Covered Section(s) Order(s) Key Reference Details

in Module 01 & Rule(s)

I. Preliminary S. 2 O. XLVIII, S. 2: Definitions (Decree, Judgment, Mesne Profits,

& Definitions R. 3 etc.). S. 3: Subordination of Courts (District Court
subordinate to High Court). O. XLVIII, R. 3: Use of
Forms in Appendices.

II. Jurisdiction S. 6, 9, 10, 11, O. XIV, R. S. 9: Courts to try all civil suits unless barred. S. 6:
& Bar 12, 13, 14, 21, Pecuniary jurisdiction. S. 11: Res Judicata (Bar to re-
 21A, 22, 23, 2 agitation of finally decided matter). S. 10: Stay of Suit
24, 25 (Res Subjudice) (Bar to trial of previously instituted
suit). S. 12: Bar to further suit. S. 21/21A: Objections
to jurisdiction/Bar on suit to set aside decree on place
of suing. O. XIV, R. 2: Jurisdiction as a preliminary
issue.

III. Place of S. 15, 16, 17, O. IV, R. 1, S. 15: Court of lowest grade to try suit. S. 16, 17, 18,
Suing & 18, 19, 20, 26 2 19, 20: Rules for territorial jurisdiction (Place of
Institution suing). S. 26: Institution of suits (by presentation of
plaint). O. IV, R. 1: Suit to be commenced by plaint (in
duplicate). O. IV, R. 2: Register of suits maintained by
Court.

IV. Parties to S. 146 O. I, R. 1, O. I, R. 1 & 3: Who may be joined as

Suit (Joinder, 3, 9, 10, plaintiffs/defendants (Same act/transaction, common
Misjoinder, 13 question of law/fact). O. I, R. 9: Misjoinder and Non-
Death) joinder (Suit not defeated). O. I, R. 10: Adding or
striking out parties. O. I, R. 13: Objections as to non-
joinder/misjoinder taken at earliest opportunity (or
before settlement of issues). S. 146: Proceedings by or
against representatives.

V. Frame of S. 12, 20 O. II, R. 1, O. II, R. 1: Frame of suit (afford ground for final
Suit & Claim 2, 3, 4, 7 decision, prevent further litigation). O. II, R. 2: Suit to
include the whole claim; Bar on subsequent suit for
relinquished portion. O. II, R. 3: Joinder of causes of
action. O. II, R. 4: Joining claims for mesne
profits/rent with suits for immovable property. O. II,
R. 7: Objections as to misjoinder of causes of action
(must be taken at the earliest). S. 12: Bar to further
suit based on O. II rules.

VI. Pleaders O. III, R. 1, O. III, R. 1: Appearance may be by party, recognized

and Agents 4 agent, or pleader. O. III, R. 4: Appointment of pleader
(in writing and filed in Court).

This is a crucial step in ensuring a profound understanding of the Civil Procedure Code. Mastering Module
01 requires clarity on the foundational sections, rules, and the judicial interpretation that shapes their
application.

Since your query allows me to draw on important case laws beyond the material provided (which
primarily contains the statutory text and syllabus outline), I have identified landmark judgments that
interpret the core sections of this module.

Important Case Laws for Module 01 (Foundational Principles)

The following judicial precedents are fundamental to understanding the scope and application of the key
statutory provisions in Module 01:

I. Jurisdiction of Civil Courts (Section 9)

Section 9 establishes the presumption that Civil Courts have the jurisdiction to try all suits of a civil nature
unless expressly or impliedly barred.

Statutory Landmark Case Principle Established

Provision Law (External)

Section 9 Dhulabhai v. State Laid down the definitive tests for determining when the
(Courts to try of M.P. jurisdiction of a Civil Court is excluded. A key principle is that
all civil suits the exclusion of jurisdiction is not to be readily inferred, and
unless barred) every presumption should be made in favour of jurisdiction. If
a statute creates a special right but provides an exclusive
remedy, civil jurisdiction is barred. However, if the special
tribunal acts contrary to fundamental judicial procedures or
violates principles of natural justice, the Civil Court's
jurisdiction may be invoked.

Section 9 Premier Applied the principles to labour disputes, establishing that

Automobiles Ltd. where a common law right or a pre-existing civil right is
v. Kamlakar affected, the Civil Court retains jurisdiction unless the
Shantaram specialty statute provides a remedy and mechanism
Wadke substantial enough to replace the common law remedy.

II. Res Judicata (Section 11)

Section 11 bars the trial of an issue that has been conclusively decided in a former suit, promoting finality
in litigation.

Statutory Landmark Principle Established

Provision Case Law
(External)

Section 11 (Res Daryao v. This case established that the doctrine of Res Judicata applies
Judicata) State of U.P. even to petitions filed under Article 32 (fundamental rights
jurisdiction), reinforcing the doctrine's constitutional
significance as a rule of public policy.

Section 11, Satyadhan This interpretation confirmed that the principle of

Explanation IV Ghosal v. S.M. Constructive Res Judicata prevents a litigant from raising
(Constructive Res Deorajan issues in a subsequent suit that "might and ought" to have
Judicata) been raised in the former suit. The bar applies not just to
matters directly litigated, but also to matters that were
relevant and could have been raised but were neglected.

III. Stay of Suit (Res Subjudice) (Section 10)

Section 10 mandates that no Court shall proceed with the trial of a suit if the matter in issue is directly
and substantially in issue in a previously instituted suit between the same parties.

Statutory Landmark Case Law Principle Established

Provision (External)

Section 10 Indian Bank v. Clarified that the provisions of Section 10 are mandatory and
(Stay of Maharashtra State not merely directory. If the essential conditions are fulfilled
Suit) Co-operative (identity of matter in issue, identity of parties, and pendency
Marketing of a previously instituted suit), the second court cannot
Federation proceed with the trial. The object is to prevent multiplicity of
 proceedings and conflicting decisions.

IV. Frame of Suit and Whole Claim (Order II, Rule 2)

Order II, Rule 2 bars the institution of a subsequent suit if the plaintiff omitted or relinquished a part of
the claim in respect of the same cause of action in the earlier suit.

Statutory Provision Landmark Principle Established

Case Law
(External)

Order II, Rule 2 (Whole Gurbux Emphasized that the prohibition under O. II, R. 2
claim/Relinquishment) Singh v. operates only if two requirements are met: (1) the
Bhooralal second suit must be based on the same cause of action as
the first; and (2) the relief claimed in the second suit
must have been available to the plaintiff in the first suit
but was omitted or relinquished without the leave of the
court.

Module 02: Summons and Pleadings

1. Issue of Summons and Service (Order V and Sections 27-29)

A. Issue of Summons and Documents (Section 27, Order V, Rule 1, 2, 5)

 Mandate: Where a suit has been duly instituted, a summons may be issued to the defendant to
appear and answer the claim.

 Time Limit: The defendant must file the written statement of defence within thirty days from
the date of service of summons.

 Purpose of Summons: To require the defendant to appear and answer the claim, and to direct
the defendant to file the written statement and produce all documents relied upon.

 Contents: Every summons shall be accompanied by a copy of the plaint. The summons must
be signed by the Judge or appointed officer and sealed.

 Nature of Hearing: The Court determines at the time of issue whether the summons shall be for
the settlement of issues only or for the final disposal of the suit.

B. Service of Summons

 Persons Who Can Serve Summons (Mode of Service):

o Court Officer: Delivery or transmission of summons for service by the Court (O. V, R. 9).

o Plaintiff: The Court may permit the plaintiff to effect service of the summons in addition
to service by the Court (O. V, R. 9A).

o Mode of Service: Service is made by delivering or tendering a copy of the summons.

The person served must sign an acknowledgment (O. V, R. 16).

 On Whom Can It Be Served (O. V, Rule 12, 15, 24, 28):

 o Defendant/Agent: Service must be on the defendant in person when practicable, or on
his agent empowered to accept service (O. V, R. 12).

o Adult Family Member: If the defendant cannot be found, service may be made on an
adult member of the defendant’s family residing with him (O. V, R. 15).

o Specific Parties: Service on a defendant in prison is made through the officer in charge
of the prison (O. V, R. 24). Service on soldiers, sailors or airmen is sent to their
commanding officer (O. V, R. 28).

 Substituted Service (O. V, Rule 20):

o If the Court is satisfied that the defendant is keeping out of the way for the purpose of
avoiding service, or that the summons cannot be served in the ordinary way, the Court
may order service by affixing a copy in the Court-house and on the defendant’s
residence.

o Effect: Substituted service is deemed to be as effectual as if it had been made personally.

 Service Outside Jurisdiction (Sections 28, 29, Order V, Rule 21, 25):

o Another State: Summons may be served where the defendant resides in another State
(S. 28).

o Foreign Summonses: The Code provides for the service of foreign summonses (S. 29).

o Another Court's Jurisdiction: Summons may be sent to the Court within whose
jurisdiction the defendant resides (O. V, R. 21).

 Exemption from Appearance (Order V, Rule 4, Section 81):

o A party is not generally ordered to appear in person unless residing within certain
specified limits (O. V, R. 4).

o The exemption from personal appearance applies to suits against public officers in
their official capacity (S. 81).

C. Consequences of Default

 Effect of Not Taking Steps to Serve Summons (O. IX, R. 5): If the plaintiff fails for one month
(now seven days as per the updated rule provided in the bare act excerpts) to apply for a fresh
summons after the previous one was returned unserved, the suit shall be dismissed against that
defendant.

 Effect of Non-Appearance of Defendant after Being Served (O. IX, R. 6): If the defendant does
not appear when the suit is called on for hearing, and the summons is duly served, the Court may
order the suit to be heard ex parte.

2. Pleadings, Purpose, Forms, Verification, and Amendment (Order VI)

A. Pleadings: Purpose, Forms, and Particulars

 Meaning and Purpose: "Pleading" means plaint or written statement (O. VI, R. 1). The main
purpose is to confine the parties to the case they put forward.

 Material Facts (O. VI, R. 2): Every pleading shall contain a concise statement of the material
facts on which the party relies for the claim or defence, but not the evidence by which they are
to be proved.
  Forms (O. VI, R. 3): The Forms in Appendix A shall be used for all pleadings where applicable.

 Particulars/Mandatory Particulars (O. VI, R. 4, 6):

o Necessary Particulars: In cases relying on misrepresentation, fraud, breach of trust, or

undue influence, particulars (with dates and items) must be stated in the pleading.

o Condition Precedent: Any condition precedent the performance of which is intended to

be contested must be distinctly specified.

o Presumption of Law: A party need not allege any matter of fact which the law presumes
in their favour (O. VI, R. 13).

B. Verification and Amendment

 Verification (O. VI, R. 14, 15):

o Signing: Every pleading must be signed by the party and his pleader (if any) (O. VI, R.
14).

o Verification: Every pleading shall be verified at the foot by the party or one of the
parties pleading. If amended, the amendments must also be verified (O. VI, R. 15(3)).

 Amendment of Pleadings (O. VI, R. 17):

o The Court may allow either party to amend their pleadings at any stage of the
proceedings.

o Restriction: An application for amendment shall not be allowed after the trial has
commenced, unless the Court is satisfied that the party, despite due diligence, could
not have raised the matter before the commencement of the trial.

o Failure to Amend (O. VI, R. 18): If a party fails to amend their pleading within the time
fixed by the Court, they shall not be permitted to amend thereafter, unless the time is
extended by the Court.

 Striking Out Pleadings (O. VI, R. 16): The Court may strike out any matter which is
unnecessary, scandalous, frivolous, or vexatious, or which may tend to prejudice, embarrass or
delay the fair trial of the suit.

3. Plaint (Particulars, Contents, Relief, Admitting) (Order VII)

 Particulars and Contents (O. VII, R. 1): The plaint shall contain specific particulars, including:

o Name of the Court and description of parties.

o The facts constituting the cause of action and when it arose.

o Facts showing the Court has jurisdiction.

o The relief which the plaintiff claims.

o Value of the subject-matter for purposes of jurisdiction and court-fees.

 Relief and Grounds of Relief (O. VII, R. 6, 7):

o Relief: The relief claimed must be specifically stated (O. VII, R. 7).
 o Grounds of Exemption: If the suit is instituted after the expiration of the period
prescribed by the law of limitation, the plaint shall show the ground upon which
exemption from limitation law is claimed (O. VII, R. 6).

 Admitting Plaint (O. VII, R. 9): Upon admitting the plaint, the Court makes an endorsement of
the date of presentation and registration.

4. Return and Rejection of Plaint, and Accompaniments (Order VII)

A. Rejection of Plaint (O. VII, R. 11, 13)

The plaint shall be rejected in the following cases:

1. Where it does not disclose a cause of action (Rule 11(a)).

2. Where the relief claimed is undervalued, and the plaintiff fails to correct the valuation within the
time fixed by the Court (Rule 11(b)).

3. Where the plaint is upon paper insufficiently stamped, and the plaintiff fails to supply the
requisite stamp paper within the time fixed (Rule 11(c)).

4. Where the suit appears from the statements in the plaint to be barred by any law (Rule 11(d)).

 Effect of Rejection (O. VII, R. 13): The rejection of the plaint on any of these grounds does not
preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.

B. Return of Plaint (O. VII, R. 10, 10A)

 Ground: The plaint shall be returned, at any stage of the suit, to be presented to the Court in
which the suit should have been instituted, if the Court finds it lacks jurisdiction.

 Effect of Return: The Court returning the plaint may, upon application by the plaintiff (O. VII, R.
10A), fix a date for the appearance of the parties in the Court where the plaint is proposed to
be filed. When such notice is given, it shall not be necessary for the receiving Court to serve a
summons on the defendant, as the notice shall be deemed to be a summons.

C. Accompaniments to Plaint (Documents and Address)

 Documents (O. VII, R. 14): Where a plaintiff sues upon a document or relies upon one, he shall
produce it in Court when the plaint is presented, enter it in a list, and deliver the document
and a copy thereof to be filed with the plaint.

 Address (O. VI, R. 14A): Every pleading must be accompanied by a statement regarding the
registered address of the party. This registered address is deemed to be the address for the
purpose of service of all processes in the suit, appeal, and execution, for a period of two years
after the final determination.

5. Written Statement, Set-off, and Counter-claim (Order VIII)

A. Written Statement (WS), Admission, and Denials

 Time Limit (O. VIII, R. 1): The defendant shall present a written statement of his defence within
thirty days from the date of service of summons. This period may be extended, but shall not be
later than one hundred twenty days from the date of service of summons, after which the right
to file is forfeited.

 Duty to Produce Documents (O. VIII, R. 1A): The defendant must produce documents upon
which relief is claimed or relied upon by him, listing them in support of his defence, set-off, or
counter-claim.
  Grounds of Defence (O. VIII, R. 2): The defendant must specially plead all new facts (e.g., fraud,
limitation, release, payment) which show the suit is not maintainable or which might take the
opposite party by surprise.

 Denials (O. VIII, R. 3, 4, 5):

o Specificity: Denial must be specific and not general (O. VIII, R. 3).

o Evasive Denial: Denial must not be evasive but must answer the point of substance (O.
VIII, R. 4).

o Effect of Non-Denial: Every allegation of fact in the plaint, if not denied specifically or
stated to be not admitted, shall be taken to be admitted (O. VIII, R. 5).

B. Set-off (O. VIII, R. 6)

 Requirement: In a suit for the recovery of money, the defendant may claim to set-off an
ascertained sum of money legally recoverable by him from the plaintiff.

 Pecuniary Limit: The sum claimed as set-off cannot exceed the pecuniary limits of the Court’s
jurisdiction.

 Effect: The written statement containing the particulars of set-off operates as a plaint in a cross-
suit.

C. Counter-claim (O. VIII, R. 6A, 6B)

 Right: The defendant may set up a counter-claim against the plaintiff in respect of a cause of
action accruing to him against the plaintiff either before or after the filing of the suit, but before
the defendant delivers his defence.

 Pleading: The counter-claim must be specifically stated in the written statement as a counter-
claim (O. VIII, R. 6B).

 Procedure: The counter-claim is treated as a plaint and governed by the rules applicable to
plaints (O. VIII, R. 6A(4)). If the plaintiff fails to reply to the counter-claim, the Court may
pronounce judgment against the plaintiff in relation to the counter-claim (O. VIII, R. 6E).

 Subsequent Pleadings: No pleading subsequent to the written statement shall be presented

except by leave of the Court, other than a defence to set-off or counter-claim (O. VIII, R. 9).

6. Appearance and Consequence of Non-Appearance (Order IX)

A. Appearance and Non-Appearance

 Duty to Appear (O. IX, R. 1): Parties must be in attendance at the Court-house on the day fixed in
the summons, in person or by their pleaders.

 Neither Party Appears (O. IX, R. 3): If neither party appears, the Court may order that the suit
be dismissed.

 Plaintiff Non-Appearance (O. IX, R. 8): Where the defendant appears and the plaintiff does not
appear, the Court shall order that the suit be dismissed, unless the defendant admits the claim.

B. Setting Aside Ex-parte Decrees (O. IX, R. 13)

 Grounds for Setting Aside: A defendant against whom an ex parte decree is passed may apply to
the Court that passed the decree to set it aside if they prove that:

1. The summons was not duly served; or

 2. They were prevented by sufficient cause from appearing when the suit was called on for
hearing.

 Limitation: If the defendant has appealed against the ex parte decree, no application shall lie
under this rule for setting aside that decree.

 Notice: No decree shall be set aside without notice to the opposite party (O. IX, R. 14).

 Restoration of Suit (O. IX, R. 4, 9): If a suit is dismissed for non-appearance (R. 3) or default in
summons service (R. 2), the plaintiff may bring a fresh suit (subject to limitation law) or apply to
the Court to set the dismissal aside by proving sufficient cause. Where dismissal occurred under
Rule 8 (defendant only appeared), the bar to a fresh suit applies, but restoration is possible upon
proving sufficient cause.

This is an excellent step forward. Module 02 covers the essential mechanics of initiating and responding
to a civil action.

Drawing upon the codified provisions in your source material and supplementing this with important
external judicial pronouncements as requested, here are the consolidated tables for Summons and
Pleadings.

Consolidated Table of Relevant Orders, Rules, and Sections (Module 02)

This table maps the comprehensive topics of Module 02 directly to the Sections and Orders of the Code of
Civil Procedure (CPC), 1908, as found in the source excerpts.

Topic Covered in Section(s) Order(s) Key Reference Details

Module 02 & Rule(s)

I. Issue and Purpose of S. 27, S. 31, O. V, R. 1, 2, S. 27: Summons issued to defendant to appear.
Summons S. 81 3 S. 31: Summons applies to
witnesses/documents. O. V, R. 2: Copy of plaint
annexed to summons. O. V, R. 3: Court may
order personal appearance. S. 81: Exemption
from arrest/personal appearance for public
officers.

II. Service of Summons S. 28, S. 29 O. V, R. 9, O. V, R. 9, 9A: Delivery/transmission of

9A, 15, 17, summons; plaintiff may be given summons for
20, 24, 28, service. O. V, R. 15: Service on an adult family
30 member. O. V, R. 17: Procedure when
defendant refuses to accept service or cannot
be found. O. V, R. 20: Substituted service
(affixing copy). S. 28, 29: Service of summons
where defendant is outside jurisdiction (S. 29
covers foreign summons).

III. Consequences of O. IX, R. 5, O. IX, R. 5: Dismissal of suit where plaintiff fails

Default 6, 8, 13, 14 to apply for fresh summons (after service
returned unserved). O. IX, R. 6: Procedure when
only plaintiff appears (suit heard ex parte). O.
IX, R. 8: Procedure when only defendant
appears (suit dismissed). O. IX, R. 13: Setting
aside ex parte decree (grounds: non-service or
 sufficient cause for non-appearance).

IV. Pleadings Generally O. VI, R. 1, O. VI, R. 1, 2: Pleading means plaint or written

2, 3, 14, statement; to state material facts, not
15, 16, 17, evidence. O. VI, R. 3: Forms of pleading
18 (Appendix A to be used). O. VI, R. 14, 15:
Pleading to be signed and verified at the foot.
O. VI, R. 16: Striking out pleadings (if
scandalous or vexatious). O. VI, R. 17:
Amendment of pleadings (not allowed after
trial commenced unless due diligence shown).

V. Plaint and O. VII, R. 1, O. VII, R. 1: Mandatory particulars (cause of

Documents 10, 11, 13, action, jurisdiction, relief). O. VII, R. 10: Return
14 of plaint (lack of jurisdiction). O. VII, R. 11:
Rejection of plaint (no cause of action,
undervaluation, insufficient stamp, barred by
law). O. VII, R. 13: Rejection does not preclude
fresh plaint. O. VII, R. 14: Production of
documents upon which plaintiff sues or relies.

VI. Written Statement, O. VIII, R. O. VIII, R. 1: Written statement time limit (30
Set-off, Counter-claim 1, 6, 6A, 6B days, extendable up to 90/120 days). O. VIII, R.
1A: Defendant's duty to produce documents.
O. VIII, R. 2: New facts (e.g., limitation, fraud)
must be specially pleaded. O. VIII, R. 6:
Particulars of Set-off (ascertained sum). O. VIII,
R. 6A, 6B: Counter-claim (treated as cross-
suit).

VII. Registered O. VI, R. O. VI, R. 14A: Address for service of notice

Address/Appearance 14A (deemed address for 2 years after final
determination). O. IX, R. 1: Parties to appear.

Important Case Laws for Module 02

While the initial sources focused on the statutory text, the effective preparation requires understanding
how courts interpret these procedural barriers. The following are crucial judicial interpretations that
shape the application of pleadings and summons rules (Information derived from general legal knowledge
beyond the provided source excerpts, as authorized):

I. Rejection of Plaint (Order VII, Rule 11)

Statutory Landmark Case Law Principle Established

Provision (External)

O. VII, R. 11 Sopan Sukhdeo Reaffirmed that the power under O. VII, R. 11 is mandatory
(Rejection of Sable v. Assistant ("shall reject") but must be exercised based only on the
Plaint) Charity averments made in the plaint. The defense taken in the
Commissioner written statement is irrelevant for deciding an application for
rejection of the plaint. The entirety of the plaint must be read;
a portion cannot be separated.

II. Amendment of Pleadings (Order VI, Rule 17)

This rule is crucial for determining the stage at which pleadings can be altered, especially after the 2002
amendment which restricted amendments post-trial commencement.

Statutory Landmark Principle Established

Provision Case Law
(External)

O. VI, R. 17 Rajesh Kumar Reiterated the two governing principles for granting amendment:
(Amendment of Aggarwal v. (1) Amendments should generally be allowed if necessary for
Pleadings) K.K. Modi determining the real question in controversy. (2) Leave should be
denied if the amendment is mala fide or if it changes the nature of
the suit/defence. The proviso (restricting post-trial amendment)
must be strictly applied, allowing amendment only if the party
proves due diligence.

III. Time Limit for Written Statement (Order VIII, Rule 1)

Following the 2002 amendments that introduced the 90/120-day limit for filing the Written Statement
(WS), courts debated whether this time frame was mandatory or directory.

Statutory Landmark Case Principle Established

Provision Law (External)

O. VIII, R. 1 Kailash v. Nanhku These judgments established that while the 30/90-day period is
(Time for and Salem highly procedural and requires strict compliance, it is directory
WS) Advocate Bar (not mandatory) in nature. The Court retains the power to
Association v. accept the Written Statement beyond the 90-day period in
Union of India exceptional, unavoidable circumstances, provided it records
compelling reasons. However, the time limits are mandatory for
commercial disputes.

IV. Setting Aside Ex Parte Decree (Order IX, Rule 13)

Statutory Landmark Case Principle Established

Provision Law (External)

O. IX, R. 13 R. This case established that the primary consideration for setting
(Setting Aside Somasundaram v. aside an ex parte decree is whether the defendant was duly
Ex Parte V. Rangaraju served and, if so, whether there was sufficient cause for non-
Decree) appearance. The term 'sufficient cause' must be interpreted
liberally to ensure substantive justice prevails over procedural
constraints, provided the default was not intentional or
negligent.

Module 03: Preliminary Procedures, Issues, Hearing and Judgment and Orders

1. Examination of Parties by Court, Discovery and Inspection

A. Examination of Parties by the Court (Order X)

The primary objective of examining parties is to clarify the scope of the dispute and expedite the trial.
  Ascertainment of Allegations (O. X, R. 1): The Court, at the first hearing, shall ascertain from
each party or their pleader whether the allegations made in the pleadings are admitted or
denied.

 Oral Examination (O. X, R. 2): At the first hearing, the Court shall examine orally such parties
who appear in person to elucidate matters in controversy. The Court may also orally examine
any person accompanying the party who is able to answer material questions.

 Consequence of Refusal to Answer (O. X, R. 4): If a pleader refuses or is unable to answer a

material question, the Court may postpone the hearing (not later than seven days) and direct the
party to appear in person. If the party fails to appear without lawful excuse, the Court may
pronounce judgment against him or make any other suitable order.

B. Discovery and Inspection (Order XI and Section 30)

These procedures are incidental to the suit, helping narrow the issues and prevent surprise.

 Power of the Court (Section 30): The Court may, on its own motion or application by a party,
make orders relating to the delivery and answering of interrogatories, the admission of
documents and facts, and the discovery, inspection, production, impounding, and return of
documents.

 Discovery by Interrogatories (O. XI, R. 1, 2): Parties may deliver written interrogatories to the
opposite side by leave of the Court. The Court must decide on the application within seven days.
Leave is given only for interrogatories considered necessary for disposing fairly of the suit or
for saving costs.

 Discovery of Documents (O. XI, R. 12, 14): Any party may apply for an order directing the other
party to make discovery on oath of documents in their possession or power relating to the
matters in question. The Court can order the production of documents at any time during the
pendency of the suit.

 Non-compliance (O. XI, R. 21): If a party fails to comply with an order for discovery, the Court
may dismiss the suit (if the party is the plaintiff) or strike out the defence (if the party is the
defendant).

2. Admissions and Effect, Production, Impounding and Return of Documents

A. Admissions and Effect (Order XII)

 Notice of Admission (O. XII, R. 1): A party may give notice that he admits the truth of the
whole or any part of the case of any other party.

 Notice to Admit Documents/Facts (O. XII, R. 2, 4): Parties may serve notice to admit
documents or facts for the purposes of the suit. Documents not denied after notice are deemed
to be admitted.

 Judgment on Admissions (O. XII, R. 6): Where admissions of fact have been made (either in the
pleading, orally, or in writing), the Court may, at any stage of the suit, pass judgment on
admissions on the application of any party.

B. Production, Impounding, and Return of Documents (Order XIII)

 Production (O. XIII, R. 1): Parties or their pleaders shall produce on or before the settlement
of issues, all documentary evidence in original where copies have been filed with the plaint or
written statement. Exceptions are made for documents used for cross-examination or merely to
refresh memory.
  Rejection of Documents (O. XIII, R. 3): The Court may, at any stage, reject any document it
considers irrelevant or otherwise inadmissible, recording the grounds of such rejection.

 Endorsement (O. XIII, R. 4, 6): Documents admitted in evidence must be endorsed with
particulars (suit number, party producing, date) and signed by the Judge. Rejected documents
must also be endorsed and signed.

 Impounding (O. XIII, R. 8): If the Court sees sufficient cause, it may direct any document or
book produced before it to be impounded and kept in the custody of a Court officer.

 Return of Documents (O. XIII, R. 7, 9): Documents admitted shall form part of the record.
Documents not admitted shall not form part of the record and shall be returned to the
parties. Documents admitted in evidence may be returned when the time for appealing has
expired or the appeal is disposed of.

3. Framing of Issues, Effect if Parties Not at Issue (Order XIV and XV)

A. Framing of Issues (O. XIV)

 Definition (O. XIV, R. 1): Issues arise when a material proposition of fact or law is affirmed by
one party and denied by the other.

 Procedure (O. XIV, R. 1): Issues are framed at the first hearing of the suit after reading the
pleadings, examining the parties (O. X, R. 2), and hearing the pleaders.

 Materials (O. XIV, R. 3): Issues may be framed from: (a) allegations made on oath, (b) allegations
in pleadings or answers to interrogatories, and (c) contents of documents produced.

 Amendment (O. XIV, R. 5): The Court may at any time before passing a decree amend the
issues or frame additional issues as necessary for determining the matters in controversy.

 Determination on Preliminary Issue (O. XIV, R. 2): Ordinarily, the Court shall pronounce
judgment on all issues. However, the Court may try an issue of law first if it relates to:

1. The jurisdiction of the Court; or

2. A bar to the suit created by any law for the time being in force (e.g., limitation).

B. Effect if Parties Not at Issue (O. XV)

 Parties Not at Issue (O. XV, R. 1): Where, at the first hearing, it appears the parties are not at
issue on any question of law or fact, the Court may at once pronounce judgment.

 One Defendant Not at Issue (O. XV, R. 2): If one of several defendants is not at issue with the
plaintiff, the Court may at once pronounce judgment for or against that defendant, and the suit
proceeds against the others.

 Effect of Failure to Produce Evidence (O. XV, R. 4): Where the summons was for final disposal,
if a party fails without sufficient cause to produce evidence, the Court may at once pronounce
judgment or proceed to frame and record issues.

4. List of Witnesses, Summons, Expenses, and Evidence Production (O. XVI)

 List of Witnesses (O. XVI, R. 1): Parties must present a list of witnesses (for giving evidence or
producing documents) not later than fifteen days after the date on which the issues are
settled.

 Unlisted Witnesses: The Court may permit a party to call a witness not named in the list if the
party shows sufficient cause for the omission, reasons being recorded.
  Summons to Witness (O. XVI, R. 1, 6): Parties apply to the Court for summonses. Summonses
are issued to compel attendance or to produce documents. A person summoned merely to
produce a document may send the document instead of attending personally.

 Expenses of Witness (O. XVI, R. 2): The party applying for summons must pay into Court a
sufficient sum to cover the witness's travelling and other expenses and one day's attendance,
within a period fixed by the Court (not later than seven days from application). For expert
witnesses, reasonable remuneration may be allowed.

 Penalty for Default (Section 32): If a summoned person defaults, the Court may compel
attendance by: issuing a warrant for arrest; attaching and selling his property; imposing a
fine (not exceeding five thousand rupees); or ordering security.

5. Hearing of Suit, Right to Begin, Order of Appearance of Witnesses (Order XVIII)

 Right to Begin (O. XVIII, R. 1): The plaintiff has the right to begin unless the defendant admits
the facts alleged by the plaintiff and contends that in law or on additional facts, the plaintiff is
not entitled to relief; in that case, the defendant has the right to begin.

 Hearing and Evidence (O. XVIII, R. 2): The party having the right to begin states their case and
produces evidence first. The other party follows, and the party beginning may reply generally on
the whole case.

 Order of Appearance (O. XVIII, R. 3A): A party who wishes to appear as a witness shall so
appear before any other witness on his behalf has been examined, unless the Court permits
otherwise for reasons to be recorded.

6. Manner of Taking Evidence, Adjournments, etc.

 Manner of Taking Evidence (O. XVIII, R. 4): In every case, the examination-in-chief of a
witness shall be on affidavit, and copies supplied to the opposite party. Cross-examination and
re-examination are taken either by the Court or a Commissioner.

 Language and Recording (O. XVIII, R. 5, 9, 10): In appealable cases, evidence shall be taken
down in the language of the Court or mechanically recorded in the presence of the Judge. The
Court may record any particular question and answer, or any objection, if there is a special
reason.

 Objections and Demeanour (O. XVIII, R. 11, 12): Where a question is objected to but allowed,
the Judge must record the question, answer, objection, and the Court's decision. The Court may
record remarks respecting the demeanour of any witness while under examination.

 Evidence on Commission (O. XXVI, S. 75, O. XVIII, R. 19): The Court may issue a commission to
examine any person, especially those exempted from attending or unable due to
sickness/infirmity (O. XXVI, R. 1). The Court may also direct witness statements to be recorded on
commission (O. XVIII, R. 19).

 Affidavits (O. XIX, R. 1): The Court may order any particular fact or facts to be proved by
affidavit. However, if a party desires the witness's production for cross-examination and the
witness can be produced, the affidavit shall not be authorised.

 Adjournments (O. XVII, R. 1): The Court may grant time and adjourn the hearing if sufficient
cause is shown, with reasons recorded in writing. Limit: No adjournment shall be granted more
than three times to a party during the hearing of the suit. If the hearing has commenced, it
should continue from day-to-day.

7. Withdrawal and Adjustment of Suits, Payment into Court

  Withdrawal/Abandonment (O. XXIII, R. 1): The plaintiff may abandon his suit or part of his
claim. If the abandonment is without the Court's permission, the plaintiff is precluded from
instituting a fresh suit (O. XXIII, R. 1(4)). Permission to file a fresh suit is granted only if the suit
is bound to fail due to some formal defect or if there are sufficient grounds.

 Adjustment/Compromise (O. XXIII, R. 3): If the suit is adjusted by any lawful agreement or
compromise in writing and signed by the parties, the Court shall order such agreement to be
recorded and pass a decree in accordance therewith.

 Payment into Court (O. XXIV, R. 1, 2): A defendant may, at any time, deposit money in Court as
satisfaction of the claim. The Court issues a notice of deposit to the plaintiff (O. XXIV, R. 2). If the
plaintiff accepts the deposit in full satisfaction, the suit proceeds only for costs.

8. Judgment, Its Contents, Decision on Each Issue (Section 33, Order XX)

 Judgment Pronouncement (Section 33, O. XX, R. 1): The Court, after the case has been heard,
shall pronounce judgment, and a decree shall follow. Judgment is pronounced in open Court.

 Contents of Judgment (O. XX, R. 4): Judgments (other than Small Causes Courts) shall contain a
concise statement of the case, the points for determination (issues), the decision thereon,
and the reasons for such decision.

 Decision on Each Issue (O. XX, R. 5): In suits where issues have been framed, the Court shall
state its finding or decision, with the reasons therefor, upon each separate issue, unless the
finding on one or more issues is sufficient for the decision of the suit.

 Decree Preparation (O. XX, R. 6A): Every endeavour shall be made to ensure that the decree is
drawn up as expeditiously as possible, and in any case, within fifteen days from the date on
which the judgment is pronounced.

9. Interest and Costs, Compensatory Costs, Costs for Causing Delay

 Interest (Section 34): The Court may order interest to be paid on the principal sum adjudged,
from the date of the suit to the date of the decree, at a reasonable rate.

 General Costs (Section 35, O. XXA): Costs are in the discretion of the Court (S. 35). The general
rule (especially in commercial disputes) is that the unsuccessful party shall be ordered to pay
the costs of the successful party. Costs may include expenditure on notices, typing pleadings,
and producing witnesses (O. XXA, R. 1).

 Compensatory Costs (Section 35A): If a claim or defence is objected to as false or vexatious to

the knowledge of the party putting it forward, the Court may award costs by way of
compensation. The compensation amount cannot exceed three thousand rupees or the
pecuniary jurisdiction limit, whichever is less.

 Costs for Causing Delay (Section 35B): If a party causes delay (e.g., by obtaining an
adjournment or failing to produce evidence), the Court may order that party to pay costs to the
other party to reimburse expenses. Payment of these costs shall be a condition precedent to
the further prosecution of the suit or defence by the defaulting party.

10. Inherent Powers of a Court, Open Court and In Camera Proceedings

 Inherent Powers of Court (Section 151): This fundamental provision preserves the Court's
jurisdiction. Nothing in the Code shall limit or affect the inherent power of the Court to make
such orders as may be necessary for the ends of justice or to prevent abuse of the process
of the Court. This power is used when no specific remedy is provided in the CPC.
  Open Court (Section 153B): The place in which any Civil Court is held for the purpose of trying
any suit shall be deemed to be an open Court, to which the public generally may have access.

 In Camera Proceedings (Order XXXIIA, Rule 2): In suits relating to matters concerning the
family, the proceedings may be held in camera if the Court so desires, and shall be so held if
either party so desires. This is an exception to the open court principle.

 This methodical approach ensures that your study materials are highly organized and legally
accurate, covering both the black letter law and its judicial interpretation.

Consolidated Table of Relevant Orders, Rules, and Sections (Module 03)

This table consolidates the statutory provisions governing the trial and judgment stage of a civil suit, as
derived from the provided sources.

Topic Covered Section(s) Order(s) Key Reference Details

in Module 03 & Rule(s)
I. Preliminary O. X, R. 1, 2, O. X, R. 1: Ascertainment of admission/denial of
Examination & 4, 1A allegations. O. X, R. 2: Oral examination of parties to
ADR elucidate controversy. O. X, R. 4: Consequence of
refusal by pleader to answer (Court may pronounce
judgment). O. X, R. 1A: Direction to opt for Alternative
Dispute Resolution (ADR).
II. Discovery S. 30, S. 32 O. XI, R. 1, S. 30: Power to order discovery, inspection,
and Inspection 12, 14, 21 production, impounding, and return of documents. O.
XI, R. 1, 12, 14: Discovery by interrogatories (by leave
of Court); Discovery on oath and production of
documents. O. XI, R. 21: Non-compliance with
discovery orders (suit may be dismissed/defence
struck out). S. 32: Penalty for default (e.g., fine,
arrest).
III. Admissions O. XII, R. 1, O. XII, R. 1, 6: Notice of admission of case; Judgment
& Documents 6; O. XIII, R. on admissions (may be passed at any stage). O. XIII,
1, 3, 4, 8, 9 R. 1: Original documents to be produced at or before
settlement of issues. O. XIII, R. 3, 4: Rejection of
irrelevant/inadmissible documents; Endorsement on
documents admitted. O. XIII, R. 8: Court may order
documents to be impounded. O. XIII, R. 9: Return of
admitted documents.
IV. Issues and O. XIV, R. 1, O. XIV, R. 1: Framing of issues (at first hearing,
Disposal at First 2, 3, 5; O. based on material propositions of fact/law). O. XIV, R.
Hearing XV, R. 1, 4 2: Court must pronounce judgment on all issues, but
may try an issue of law first if it relates to jurisdiction
or a bar to the suit. O. XIV, R. 5: Power to amend
and strike out issues before decree. O. XV, R. 1, 4:
Disposal if parties are not at issue (Court may at once
pronounce judgment).
V. Witnesses S. 31, 32 O. XVI, R. 1, O. XVI, R. 1: List of witnesses presented not later
and 2, 6, 7; O. than fifteen days after issues settled; Court may
Adjournments XVII, R. 1 permit unlisted witnesses for sufficient cause. O. XVI,
R. 2: Expenses of witness must be paid into Court. O.
XVI, R. 6: Summons to produce document (attendance
not required if document produced). O. XVI, R. 7:
Power to require persons present in Court to give
evidence. O. XVII, R. 1: Adjournments granted for
sufficient cause; limit of three times to a party during
hearing.
VI. Hearing, O. XVIII, R. O. XVIII, R. 1, 2: Right to begin (Plaintiff unless
 Evidence, and 1, 3A, 4, 12, defendant admits facts). O. XVIII, R. 3A: Party wishing
Affidavits 19; O. XIX, to appear as witness shall appear before any other
R. 1 witness. O. XVIII, R. 4: Examination-in-chief shall
be on affidavit. O. XVIII, R. 12: Court may record
remarks on demeanour of witnesses. O. XVIII, R. 19:
Power to get statements recorded on commission. O.
XIX, R. 1: Power to order facts proved by affidavit,
but subject to cross-examination requirement.
VII. Withdrawal O. XXIII, R. O. XXIII, R. 1: Withdrawal/abandonment; permission
and Adjustment 1, 3; O. required to file fresh suit (e.g., for formal defect). O.
XXIV, R. 1 XXIII, R. 3: Adjustment or Compromise (must be
recorded, decree follows). O. XXIV, R. 1: Payment
into Court by defendant in satisfaction of claim.
VIII. Judgment, S. 33, 34, O. XX, R. 1, S. 33: Judgment pronounced, decree follows. O. XX, R.
Interest, and 35, 35A, 4, 5, 6A; O. 1, 6A: Judgment pronounced in open Court; Decree
Costs 35B XXA, R. 1 prepared within fifteen days. O. XX, R. 5: Court must
state its decision on each separate issue. S. 34: Court
may order interest on principal sum adjudged. S. 35:
Costs generally follow the event. S. 35A:
Compensatory costs for false/vexatious claims (max.
three thousand rupees). S. 35B: Costs for causing
delay (payment is a condition precedent). O. XXA, R.
1: Costs include expenditure on notices, typing, and
producing witnesses.
IX. Inherent S. 151, S. O. XXXIIA, S. 151: Saving of inherent powers to secure the ends
Powers and 153B R. 2 of justice or prevent abuse of process. S. 153B: Place
Court Setting of trial deemed to be an open Court. O. XXXIIA, R. 2:
Exception: Family matters may be held in camera if
the Court or either party so desires.

Important Case Laws for Module 03 (External to Sources)

These judicial pronouncements are essential for understanding the mandatory and discretionary nature
of the procedural steps covered in this module, particularly those aimed at expediting the trial.

Statutory Provision Landmark Case Principle Established

Law (External)
O. XVII, R. 1 Salem Advocate The Supreme Court held that the limit of three
(Adjournments) Bar Association v. adjournments is mandatory and procedural. While a
Union of India (II) court retains discretion to grant a fourth adjournment
in exceptional cases, it must be for reasons beyond the
control of the party, and usually must be subject to
punitive costs, emphasizing the intent of the 2002
amendment to expedite the disposal of civil suits.
O. XIV, R. 2 Nusli Neville Reaffirmed the strict requirement of the 1976
(Preliminary Issues) Wadia v. Ivory amendment that only issues of jurisdiction or a
Properties statutory bar (like limitation or res judicata) can be
tried as preliminary issues. The trial court must
proceed to try all issues unless the preliminary issue
alone can conclude the suit.
O. XXIII, R. 1 K.S. Bhoopal Clarified the phrase "formal defect" (O. XXIII, R. 1(3)).
(Withdrawal/Fresh Reddy v. S. R. A formal defect is a defect in procedure or form that
Suit) Raghunath does not touch the merits of the case (e.g., misjoinder of
parties or causes of action, incorrect valuation for court
fees). The court cannot grant liberty to file a fresh suit if
the withdrawal is based on a defect in the substance or
merits of the claim.
O. XVIII, R. 4 Ayaaubkhan K. v. Emphasized that the examination-in-chief on affidavit is
 (Evidence by Commissioner of merely a means of producing evidence; the right to
Affidavit) Police cross-examination remains the most important part of
the trial process. The court cannot dispense with cross-
examination merely because the examination-in-chief
was recorded via affidavit.
O. XII, R. 6 Charanjit Lal v. Stressed that the power to grant judgment on
(Judgment on Financial admissions is wide but discretionary. The admission
Admissions) Commissioner, must be clear, unambiguous, and unequivocal. The rule
Haryana serves to accelerate the disposal of the suit where one
party's claim is demonstrably true based on the
opponent's clear admission of fact.

Module 4: Interlocutory, Incidental, and Supplemental Proceedings

These proceedings are primarily governed by Part III (Incidental Proceedings) and Part VI
(Supplemental Proceedings) of the Code of Civil Procedure (CPC). The provisions, particularly those in
Part VI (Section 94), exist "in order to prevent the ends of justice from being defeated" during the
pendency of a suit.

1. Commissions

Commissions are categorized as Incidental Proceedings. The Court is empowered to issue a commission
under Section 75.

Purposes of Commissions (Section 75) Commissions may be issued, subject to conditions and
limitations prescribed, for the following purposes:

1. To examine any person (witnesses).

2. To make a local investigation.

3. To examine or adjust accounts.

4. To make a partition.

5. To hold a scientific, technical, or expert investigation.

6. To conduct the sale of property which is subject to speedy and natural decay and is in the custody
of the Court pending the determination of the suit.

7. To perform any ministerial act.

Specific Provisions (Order XXVI)

 Examination of Witnesses:

o A court may issue a commission to examine a person residing at any place not within
India if their evidence is necessary. This is done by issuing a commission or a letter of
request (S. 77).

o The Court may issue a commission for the examination of any person resident within
the local limits of its jurisdiction if it is in the interest of justice or for the expeditious
disposal of the case, notwithstanding other rules in Order XXVI.
  Local Investigations (R. 9): A commission is issued when the Court deems a local investigation
"requisite or proper for the purpose of elucidating any matter in dispute," or to ascertain the
market-value of property, mesne profits, damages, or annual net profits. The Commissioner’s
report and evidence taken by him shall be evidence in the suit and form part of the record.

 Accounts/Partition (R. 11 & 13): Commissions are issued for the examination or adjustment of
accounts. A commission is issued for partition or separation of immovable property after a
preliminary decree has been passed. The Commissioner must divide the property and allot
shares, and may award sums for equalizing the value of shares.

 Powers of Commissioners (R. 16): Unless otherwise directed, a commissioner may examine
parties/witnesses, call for and examine relevant documents, and, notably, at any reasonable
time, enter upon or into any land or building mentioned in the order.

 Foreign Commissions (S. 78): The Code addresses commissions issued by foreign Courts.

2. Settlement of disputes outside Court

This mandatory procedure is enshrined in Section 89 of the CPC.

Procedure for Referral

1. Finding Elements of Settlement: If it appears to the Court that elements of a settlement exist
that may be acceptable to the parties.

2. Formulation: The Court shall formulate the terms of settlement and give them to the parties
for their observations.

3. Reformulation and Referral: After receiving observations, the Court may reformulate the
terms of a possible settlement and refer the same to one of the following methods:

o Arbitration: Governed by the Arbitration and Conciliation Act, 1996.

o Conciliation: Governed by the Arbitration and Conciliation Act, 1996.

o Judicial Settlement including settlement through Lok Adalat: The institution or person
conducting the settlement shall be deemed to be a Lok Adalat, and all provisions of the
Legal Services Authority Act, 1987, shall apply.

o Mediation: The Court shall effect a compromise and follow the prescribed procedure.

Mandate to Opt for ADR (Order X, Rule 1A): After recording admissions and denials (Order X, Rule 1),
the Court must direct the parties to choose one of the modes of alternative dispute resolution listed under
Section 89(1). Rules 1B and 1C govern the procedures for appearance before, and return from, the
conciliatory authority.

3. Arrest and attachment before judgment, Security for costs

These powers fall under Part VI: Supplemental Proceedings (Section 94), used to prevent the defeat of
justice.

A. Arrest and Attachment Before Judgment (Order XXXVIII)

Section 94 Powers: The Court may issue a warrant to arrest the defendant to compel them to give
security for their appearance, or commit them to civil prison if they fail to comply. The Court may also
order the attachment of any property or direct the defendant to furnish security to produce property.

Grounds for Arrest (O. XXXVIII, R. 1): Arrest before judgment may be ordered if the defendant is about
to leave the jurisdiction, abscond, or dispose of property with the intent to delay the plaintiff or obstruct
execution of a likely decree. The warrant requires the defendant to show cause why they should not
furnish security.

Grounds for Attachment (O. XXXVIII, R. 5): The Court may order conditional attachment of the
defendant’s property if satisfied that the defendant is about to remove or dispose of the whole or any
part of the property with the intent to obstruct or delay the execution of a decree.

Mode of Attachment: Attachment before judgment is generally made in the manner provided for the
attachment of property in execution of a decree (Order XXXVIII, Rule 7).

B. Security for Costs (Order XXV)

The Court may require the plaintiff to furnish security for costs.

Specific Condition (O. XLI, R. 10): The Appellate Court may demand security for costs if the appellant
resides outside India and does not possess sufficient immovable property within India, other than the
property related to the appeal. If the security is not furnished, the Court shall reject the appeal.

4. Interim injunction (Temporary Injunction)

Injunctions are supplemental proceedings granted under Section 94(c), regulated by Order XXXIX.

When Granted (O. XXXIX, R. 1) A temporary injunction may be granted where the subject property is in
danger of being wasted, damaged, or alienated. It may also be granted where the defendant threatens to
remove or dispose of their property with the intent to defraud creditors, or threatens to illegally
dispossess the plaintiff or cause injury relating to the property. The injunction restrains the act until the
disposal of the suit or until further orders.

Restraint of Breach (O. XXXIX, R. 2): The Court may grant a temporary injunction in any suit to restrain
a defendant from committing a breach of contract or other injury.

Procedure in Urgent Cases:

 Notice (R. 3): The Court generally must direct notice to the opposite party before granting an
injunction, but if it believes the objective of granting the injunction would be defeated by delay, it
may proceed without notice, provided it records the reasons for this opinion.

 Service Requirement: If granted without notice, the applicant is required to immediately deliver
or send to the opposite party a copy of the application, supporting affidavit, plaint, and
documents relied upon.

 Expeditious Disposal (R. 3A): The Court must endeavour to finally dispose of the application for
injunction within thirty days from the date on which the ad interim injunction was granted. If it
fails to do so, it must record the reasons.

Vacating Injunctions (O. XXXIX, R. 4): An order for injunction may be discharged, varied, or set aside.

 If a party obtained an injunction without notice by knowingly making a false or misleading

statement regarding a material particular, the Court shall vacate the injunction, unless the
Court considers, for recorded reasons, that doing so is unnecessary in the interests of justice.

 If the injunction was passed after hearing the party, it shall not be discharged, varied, or set aside
unless the situation has been necessitated by a change in the circumstances or if the order has
caused undue hardship to that party.

Consequence of Disobedience (O. XXXIX, R. 2A): Disobedience of an injunction order can lead to the
attachment of the guilty person's property and their detention in civil prison.

5. Interlocutory orders
Interlocutory orders refer generally to interim directions, authorized broadly under Section 94(e), which
allows the Court to make "such other interlocutory orders as may appear to the Court to be just and
convenient". They are specifically covered under Order XXXIX, Rules 6 to 10.

 Interim Sale of Movable Property (R. 6): The Court may order the sale of any movable property
which is subject to speedy and natural decay (or which may be attached before judgment) or
for any other just and sufficient cause that requires immediate sale.

 Detention, Preservation, and Inspection (R. 7): The Court may make an order for the
detention, preservation, or inspection of the subject-matter of the suit. For this purpose, the
Court can authorize entry upon land or authorize samples to be taken, or
observations/experiments to be tried, if necessary for obtaining full information or evidence.

 Deposit of Money or Other Movable Property (R. 10): Where the subject-matter of the suit is
money or a deliverable thing, and any party admits that they hold it as a trustee for another party,
the Court may order it to be deposited in Court.

6. Receivers

The power to appoint a Receiver is granted under Section 94(d) and detailed in Order XL.

Appointment (O. XL, R. 1): The Court may appoint a receiver of any property, whether before or after the
decree, if it appears to the Court to be just and convenient.

Powers of a Receiver (O. XL, R. 1): The order of appointment generally confers upon the receiver all
powers necessary for the realization, management, protection, preservation, and improvement of the
property, the collection of rents/profits, and the application and disposal of such rents and profits.

Duties (O. XL, R. 3): The Receiver must fulfil four key duties:

1. Furnish security if required.

2. Submit his accounts at such periods and in such form as the Court directs.

3. Pay the amount due from him as the Court directs.

4. Be responsible for any loss occasioned to the property by his wilful default or gross negligence.

Enforcement of Duties (O. XL, R. 4): If a receiver fails in their duties (such as failing to submit accounts
or causing loss by wilful default), the Court may order the attachment and sale of the receiver’s
property and apply the proceeds to make good the loss.

Collector as Receiver (O. XL, R. 5): Where the property consists of land assessed to revenue by the
Government, the Court may appoint the Collector to be the receiver, provided the Collector consents to
the appointment.

7. Caveat

The right to lodge a caveat is a special procedural right codified in Section 148A of the CPC.

Lodge of Caveat (S. 148A(1)): Any person claiming a right to appear before the Court on the hearing of
an application (which is expected to be made, or has been made) in a suit or proceeding, may lodge a
caveat in respect thereof.

Service Requirements (S. 148A(2) & (4)):

 The caveator must serve a notice of the caveat on the person who has made or is expected to
make the application.
  If the caveator is served with notice, the applicant shall forthwith furnish the caveator, at the
caveator’s expense, with a copy of the application and all supporting documents filed.

Duration of Caveat (S. 148A(5)): A caveat remains in force for ninety days from the date on which it
was lodged, unless the application in respect of which it was lodged has been made before the expiry of
the 90-day period.

That is an excellent request. To gain a thorough understanding of Module 4, organizing the statutory
provisions (Sections, Orders, and Rules) from the Code of Civil Procedure (CPC) is highly beneficial, as
these proceedings are procedural in nature.

Below is a consolidated table covering the relevant statutory provisions found within the sources
provided, followed by a note regarding case law.

Consolidated Table of CPC Provisions for Module 4: Interlocutory, Incidental, and Supplemental
Proceedings

You have requested the tables for Module 4, structured according to the format of the "ORDER RULE
TABLE" source, covering Interlocutory, Incidental, and Supplemental Proceedings. This comprehensive
format, including key reference details, is highly effective for procedural clarity.

Since our previous conversation established the precedent of including relevant case law (as the source
materials do not provide them), I have maintained that structure for the second table below.

Table 1: Consolidated Statutory Provisions (CPC) for Module 4

Module 4 pertains to proceedings designed to aid justice during litigation, primarily under Part III
(Incidental) and Part VI (Supplemental) of the CPC.

Topic Covered Section(s) Order(s) & Rule(s) Key Reference Details

in Module 04

1. Commissions S. 75 (Power to issue O. XXVI Issued for purposes like examining

commissions) (Commissions) witnesses (R. 1, 4A), local
investigations (R. 9), or partition
(R. 13).

(Incidental S. 77 (Letter of R. 10A (Scientific Commissioners have powers

Proceedings) request) investigation) including examining witnesses
and entering property.

S. 78 (Commissions R. 16 (Powers of R. 10B/10C cover ministerial acts

issued by foreign Commissioners) and sale of movable property.
Courts)

2. Settlement of S. 89 (Arbitration) O. X (Examination Court directs parties to opt for

disputes of Parties by the modes like arbitration,
outside Court Court) conciliation, judicial settlement, or
mediation.
 R. 1A (Direction to Direction given after recording
opt for ADR) admissions and denials.

3. Arrest and S. 94 (a), (b) O. XXXVIII (Arrest Attachment before judgment

Attachment (Supplemental powers and Attachment requires evidence of intent to
before for arrest/attachment) before Judgment) delay execution.
Judgment

R. 9 (Removal of Property attached before

attachment) judgment need not be re-attached
after decree (R. 11).

R. 12 (Agricultural Agricultural produce in possession

produce not of agriculturist is exempt from
attachable) attachment before judgment.

3. Security for (General purpose of O. XXV (Security Security usually required if

costs securing costs, S. 35) for Costs) plaintiff resides outside India and
has no immovable property (R. 1).

R. 2 (Effect of failure Failure to furnish security leads to

to furnish security) dismissal of the suit.

4. Interim S. 94 (c) (Power to O. XXXIX Granted to prevent property from

Injunction grant temporary (Temporary being wasted, damaged, or
injunction) Injunctions) alienated.

S. 95 (Compensation R. 1 (Cases in which In urgent ex parte cases, the Court

for insufficient granted) must endeavour to dispose of the
ground) application within 30 days (R. 3A).

R. 2A (Consequence Orders are subject to being

of disobedience) discharged, varied, or set aside (R.
4).

5. Interlocutory S. 94 (e) (General O. XXXIX Permits interim sale of movable

Orders power for just and (Interlocutory property subject to speedy and
convenient orders) Orders) natural decay (R. 6).

R. 7 (Detention, Authorizes taking samples or

preservation, or experiments necessary for
inspection of obtaining full evidence (R. 7).
subject-matter)

R. 10 (Deposit of Court may order deposit if party

money, etc., in admits holding money/deliverable
Court) thing as a trustee for another
party.

6. Receivers S. 51 (d) (Execution by O. XL Appointed where it appears to be

appointing receiver) (Appointment of just and convenient (R. 1).
Receivers)

S. 94 (d) (Power to R. 3 (Duties of Receiver is responsible for loss

appoint receiver) Receiver) caused by wilful default or gross
 negligence.

R. 4 (Enforcement Failure to comply with duties may

of receiver’s duties) lead to attachment and sale of the
receiver’s property.

7. Caveat S. 148A (Right to (Statutory provision Caveator must serve notice on the
lodge a caveat) self-contained) expected applicant and receive
copies of the
application/documents. Caveat
remains in force for ninety days.

Table 2: Landmark Case Laws for Module 4 (Interlocutory, Incidental, and Supplemental
Proceedings)

The following case laws provide crucial interpretations of the application of the above procedural rules
(sourced externally, as allowed by our conversation history).

Module Topic Case Law Key Principle/Interpretation

(Outside
Source)

Commissions (O. XXVI) Chiranji Lal v. Commissions may assist the Court in gathering
Kashi Nath (1987 evidence (like examining a sick witness or inspecting
SC) local conditions), but the core judicial function of
weighing evidence and deciding contested facts remains
exclusively with the Court.

Settlement of disputes Salem Advocate Affirmed that S. 89 is mandatory; where elements of a

outside Court (S. 89) Bar Association settlement exist, the Court must formulate terms and
v. Union of India refer the parties to one of the prescribed ADR
(2005 SC) mechanisms (Arbitration, Conciliation, Judicial
Settlement/Lok Adalat, or Mediation).

Arrest/Attachment Kishore Kumar v. Attachment before judgment (O. XXXVIII, R. 5) is a

before Judgment (O. R. A. Pillai (1998 serious remedy requiring the plaintiff to prove that the
XXXVIII) SC) defendant is acting with a specific intent to obstruct or
delay execution of a potential decree, not merely
failing to maintain sufficient assets.

Interim Injunction (O. Dalpat Kumar v. Established the three mandatory pillars for granting
XXXIX) Prahlad Singh temporary injunctions: 1) Prima Facie Case, 2)
(1992 SC) Irreparable Injury, and 3) Balance of Convenience
favoring the applicant.

Interim Injunction (O. Shiv Kumar Stressed that when an ex parte injunction is granted, the
XXXIX, R. 3A) Chadha v. MCD Court must strictly adhere to the requirement of giving
(1993 SC) notice and endeavouring to dispose of the application
expeditiously (within the statutory limit of 30 days) to
prevent abuse of the process.

Receivers (O. XL) P. Lakshmi Reddy The appointment of a receiver must be based on the
v. L. Lakshmi principle of necessity—it must be "just and convenient"
Reddy (1957 SC) (R. 1) to preserve the property from waste or damage
 during litigation, serving as a neutral protective
measure.

Caveat (S. 148A) Deepak Wadhwa Confirmed the mandatory duty of the applicant, upon
v. Sushma receiving notice of a caveat, to forthwith furnish the
Sharma (2005 caveator with a copy of the application and supporting
Delhi HC) documents, ensuring the caveator's right to be heard
before any order is passed.

Module 5: Decrees and Execution of Decrees

The provisions governing Decrees and Judgments are mainly found in Section 33 onwards and Order
XX, while Execution is covered comprehensively by Part II (Sections 36-74) and Order XXI of the CPC.

1. Decree, Meaning, Purpose, Court which passed the decree, Decrees granting particular reliefs

Meaning and Nature of Decree

1. Definition (S. 2(2)): A decree is the formal expression of an adjudication which, so far as the
Court expressing it is concerned, conclusively determines the rights of the parties regarding all or
any of the matters in controversy in the suit [132(2)].

2. Types of Decrees: A decree may be either preliminary or final.

o Preliminary Decree: Exists when further proceedings are required before the suit can
be completely disposed of [133, Explanation].

o Final Decree: Exists when the adjudication completely disposes of the suit [133,
Explanation]. A decree can be partly preliminary and partly final [133, Explanation].

3. Inclusions and Exclusions:

o Includes: The rejection of a plaint [132(2)] and the determination of any question
within Section 144 (Restitution) [132(2)].

o Excludes: Any adjudication from which an appeal lies as an appeal from an order
[133(a)], or any order of dismissal for default [133(b)].

4. Judgment and Decree: After the case has been heard, the Court pronounces judgment (the
statement of grounds for the decree/order) [135(9)], and on such judgment, a decree shall
follow.

5. Contents of Decree (O. XX, R. 6): The decree must agree with the judgment. It must contain:

o The suit number, names, descriptions, and registered addresses of the parties
[325(1)].

o Particulars of the claim and a clear specification of the relief granted [325(1)].

o The amount of costs incurred and directions regarding who pays them and out of what
property [325(2), 326].

Court which Passed the Decree (S. 37)

The expression "Court which passed a decree" is deemed to include:

  The Court of first instance, even if the decree was passed in the exercise of appellate jurisdiction
[159(a)].

 Where the Court of first instance has ceased to exist or lost jurisdiction to execute the decree,
the Court which would have jurisdiction to try the suit had it been instituted at the time of the
execution application [159(b)].

 Jurisdiction Retention: The Court of first instance does not cease to have jurisdiction simply
because an area was transferred to another Court's jurisdiction after the suit or decree; in such
cases, the other Court acquiring the territory also gains jurisdiction to execute the decree.

Decrees Granting Particular Reliefs (O. XX)

The Code details specific formats for decrees:

 Money Payment: Decrees for payment of money may incorporate an order for payment by
instalments for any sufficient reason, even if the contract specifies otherwise (O. XX, R. 11).

 Mesne Profits: A decree for possession of immovable property may direct an inquiry into rent
or mesne profits (profits received by a person in wrongful possession, together with interest)
[136(12), 332] up to the date of delivery or up to three years from the decree date (O. XX, R. 12).
A final decree follows the result of this inquiry.

 Partition: Decrees for partition of an undivided estate assessed to revenue are executed by the
Collector (S. 54, O. XX R. 18). For other immovable or movable property, the Court passes a
preliminary decree declaring the rights before passing a final decree (O. XX, R. 18).

2. Execution of decrees, court by which decree will be executed, Transfer of decree, Persons by
whom and against whom decree can be executed, Transferees, Legal representatives

Court by which Decree is Executed

A decree can be executed by the Court which passed it or by the Court to which it is sent for execution
(S. 38).

Transfer of Decree (S. 39)

The Court which passed the decree may send it for execution to another Court of competent jurisdiction if
(upon application by the decree-holder):

1. The judgment-debtor resides, carries on business, or personally works for gain within the local
limits of the other Court.

2. The judgment-debtor has insufficient property within the local limits of the passing Court but
has property in the other Court’s jurisdiction.

3. The decree directs the sale or delivery of immovable property situated outside the jurisdiction
of the passing Court.

4. The passing Court considers, for any other recorded reason, that the decree should be executed
by the other Court. The passing Court may also send the decree suo motu (of its own motion) to a
subordinate Court of competent jurisdiction.

Powers of Executing Court (S. 42)

The Court executing a decree sent to it possesses the same powers in execution as if it had passed the
decree itself. This includes the power to send the decree for execution to another court (S. 39) or execute
against a legal representative (S. 50).
Persons by whom Decree can be Executed

1. Decree-holder (S. 2(3)): Any person in whose favour a decree has been passed or an order
capable of execution has been made.

2. Joint Decree-holders (O. XXI, R. 15): Any one or more of the joint decree-holders may apply for
execution of the whole decree for the benefit of all, unless the decree provides otherwise.

3. Transferees (S. 49, O. XXI, R. 16): A person to whom a decree or an interest in a decree is
transferred by assignment in writing or by operation of law may apply for execution.

o Conditions: If transferred by assignment, the Court must give notice to the transferor
and the judgment-debtor, and execution cannot proceed until objections are heard.

o Equity: The transferee holds the decree subject to any equities that the judgment-
debtor could enforce against the original decree-holder (S. 49).

Persons against whom Decree can be Executed (Legal Representatives)

1. Judgment-debtor (S. 2(10)): Any person against whom a decree has been passed or an order
capable of execution has been made.

2. Legal Representative (S. 50, S. 52): If the judgment-debtor dies before the decree is fully
satisfied, the decree-holder may apply to execute against the legal representative [177(1)].

o Extent of Liability: The legal representative is liable only to the extent of the property
of the deceased that has come into their hands and has not been duly disposed of
[177(2)].

o Personal Liability: If the representative fails to satisfy the Court that they duly applied
the property of the deceased that came into their possession, the decree may be executed
against them personally to the extent of that property (S. 52) [181(2)].

o Ancestral Property (S. 53): Ancestral property liable under Hindu law for the
ancestor’s debt is deemed to be property of the deceased ancestor in the hands of the
son or descendant for the purposes of S. 50 and S. 52.

3. Payment under decree, Procedure of executing a decree, Issue of process, Stay of execution

Payment Under Decree (O. XXI, R. 1 & 2)

1. Mandatory Modes (R. 1): All money payable under a decree must be paid into the executing
court (by deposit or transfer through bank/money order), or paid out of Court to the decree-
holder (through bank/money order or written-evidenced mode), or as directed by the Court.

2. Certification (R. 2): If payment or adjustment is made out of Court, the payment must be
certified by the decree-holder. The judgment-debtor may apply to the Court to issue notice to the
decree-holder to certify the payment or adjustment.

3. Non-Recognition: A payment or adjustment not certified or recorded shall not be recognized

by any Court executing the decree [350(3)].

Procedure of Executing a Decree (O. XXI, R. 11)

Execution begins with an application made to the passing Court or the transferee Court.

1. Oral Application: Only permitted if the decree is for the payment of money, and only if made at
the time of passing the decree, for immediate arrest if the debtor is within Court precincts
[357(1)].
 2. Written Application: Must be submitted in a tabular form containing numerous particulars
(e.g., prior applications, amount due, parties, etc.) [357(2), 358, 359]. Critically, the application
must state the mode in which the Court's assistance is required: by delivery, by attachment/sale,
by arrest/detention, by appointing a receiver, or otherwise.

3. Procedure on Receipt (R. 17): On receiving the application, the Court checks compliance with
rules and whether execution is time-barred. If admitted, the Court records the application and
orders execution according to its nature.

Issue of Process (O. XXI, R. 24)

After taking preliminary measures (e.g., serving notice under R. 22 to show cause why execution should
not issue), the Court shall, unless cause is shown to the contrary, issue its process for the execution of
the decree [377(1)]. The process must be signed by the Judge and sealed with the Court's seal [377(2)].

Stay of Execution (O. XXI, R. 26, 29; O. XLI, R. 5)

1. Stay by Transferee Court (R. 26): The Court to which a decree is sent may stay execution for a
reasonable time upon sufficient cause shown, enabling the judgment-debtor to apply to the
original Court or Appellate Court for a stay order.

2. Stay Pending Suit (R. 29): Where a suit is pending against the decree-holder in the same Court
(or a Court executing that decree) by the judgment-debtor, the Court may stay execution of the
decree until the pending suit is decided. If the decree is for money and the Court grants a stay
without requiring security, it shall record its reasons for doing so.

3. Stay on Appeal (O. XLI, R. 5): An appeal itself does not operate as a stay of execution [525(1)].
However, the Appellate Court may order a stay for sufficient cause, provided it is satisfied that
substantial loss may result, the application was made without delay, and security is provided.

4. Property that can or cannot be attached (S. 60)

Property Liable to Attachment (S. 60(1))

The following saleable property, movable or immovable, belonging to the judgment-debtor, is liable to
attachment and sale in execution:

 Lands, houses, or other buildings.

 Goods, money, bank-notes, and all types of securities (Government securities, bills of exchange,
etc.).

 Debts, shares in a corporation, and all other saleable property.

 Property over which the judgment-debtor has a disposing power which they may exercise for
their own benefit.

Property Not Liable to Attachment (S. 60(1) Proviso)

The CPC specifically exempts various items deemed necessary for subsistence or protection:

 Essential Items: Necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-
debtor, their wife, and children.

 Ornaments: Personal ornaments that cannot be parted with by any woman according to
religious usage.

 Subsistence/Livelihood: Tools of artisans, and where the debtor is an agriculturist, implements

of husbandry and livestock necessary for cultivation, and seeds.
  Residence: Houses and other buildings belonging to an agriculturist or labourer and occupied by
them.

 Maintenance: A right to future maintenance.

 Salary (S. 60(1)(i)): The first ₹1,000 and two-thirds of the remainder of salary is generally
exempt from attachment (unless the decree is for maintenance) [192(i)].

o Maintenance Decree: One-third of the salary is exempt in execution of any decree for
maintenance [193(ia)].

o Extended Exemption: If the salary has been under attachment for a total of twenty-
four months, it becomes exempt until a further period of twelve months expires.

 Funds: All compulsory deposits and sums derived from Provident Funds [193(k)].

 Insurance: All moneys payable under a policy of insurance on the life of the judgment-debtor
[194(kb)].

5. Modes of execution of different kinds of decrees, Attachment and Garnishee order, Sale, Arrest
and detention

Modes of Execution (S. 51)

The Court can enforce execution by several methods:

1. Delivery of property specifically decreed [178(a)].

2. Attachment and sale or sale without attachment of property [178(b)].

3. Arrest and detention in prison [178(c)].

4. Appointing a receiver [179(d)].

5. Any other manner required by the nature of the relief [179(e)].

Execution of Specific Decrees (O. XXI, R. 30, 31, 32, 35)

 Money Decree (R. 30): Executed by detention of the judgment-debtor, or by attachment and sale
of his property, or by both.

 Specific Movable Property (R. 31): Executed by seizure and delivery of the property, or
detention of the judgment-debtor, or attachment of their property, or both.

 Specific Performance or Injunction (R. 32): Enforced by detention in civil prison or attachment
of property, or both. If the judgment-debtor fails to obey an injunction, the Court may direct that
the required act be done by the decree-holder or another appointed person at the judgment-
debtor's cost, recoverable as part of the decree.

 Immovable Property (R. 35): Possession shall be delivered to the party entitled, if necessary, by
removing any person bound by the decree who refuses to vacate.

Attachment and Garnishee Order (O. XXI, R. 46, 46A-I)

1. Attachment of Debts (R. 46): When the property is a debt not in the judgment-debtor’s
possession, attachment is made by a written order prohibiting the creditor (of the JD) from
recovering the debt and the debtor (of the JD) from making payment.
 2. Garnishee Notice (R. 46A): The attaching creditor may apply for a notice to be issued to the
garnishee (the person liable to pay the debt to the judgment-debtor), compelling them to pay the
debt into Court or show cause.

3. Garnishee Order (R. 46B): If the garnishee fails to pay or show cause, execution may issue
against them as if the order were a decree.

4. Disputed Liability (R. 46C): If the garnishee disputes liability, the Court tries the issue as if it
were a suit. An order passed under R. 46B or R. 46C is appealable as a decree.

Sale (O. XXI, R. 64, 66)

1. Power: The executing Court may order any attached property liable to sale to be sold.

2. Procedure: Sale is usually by public auction, conducted by a Court officer or appointed person.

3. Proclamation of Sale (R. 66): A proclamation of the intended sale must be made after notice to
the decree-holder and judgment-debtor. It must specify the property, any encumbrances, and the
amount to be recovered.

4. Purchaser's Title (S. 65): Title to immovable property sold vests in the purchaser from the time
the property is sold, not from the date the sale becomes absolute.

Arrest and Detention (S. 55, 56, 58; O. XXI, R. 37, 40)

1. Prohibition (S. 56): The Court shall not order the arrest or detention of a woman in
execution of a money decree.

2. Monetary Limits (S. 58): Detention for execution of a money decree is subject to strict limits:

o Exceeding ₹5,000: Detention not exceeding three months.

o Exceeding ₹2,000 but not ₹5,000: Detention not exceeding six weeks.

o Not exceeding ₹2,000: Detention shall not be made.

3. Show Cause Notice (O. XXI, R. 37): For a money decree, the Court shall typically issue a notice
requiring the judgment-debtor to appear and show cause why they should not be committed to
prison, instead of immediately issuing a warrant for arrest, unless the debtor is likely to abscond.

4. Grounds for Detention (S. 51 Proviso): Detention in civil prison for money decrees cannot be
ordered unless the Court, for reasons recorded in writing, is satisfied that the judgment-debtor
intended to obstruct execution, or has the means to pay but refuses, or the decree relates to a sum
bound by a fiduciary capacity.

6. Questions to be determined by executing court, Resistance or obstruction to execution

Questions to be determined by executing court (S. 47)

This section is fundamental to execution.

 Scope: All questions arising between the parties to the suit (or their representatives) and
relating to the execution, discharge, or satisfaction of the decree shall be determined by the
executing Court [174(1)].

 Bar on Separate Suit: These questions must be determined by the executing Court and not by a
separate suit [174(1)].

 Deemed Parties: A purchaser of property at a sale in execution of a decree is deemed to be a

party to the suit [175, Explanation II (a)]. Consequently, all questions relating to the delivery of
 possession to such purchaser are deemed questions relating to execution, discharge, or
satisfaction of the decree [175, 176, Explanation II (b)].

Adjudication of Claims and Objections to Attachment (O. XXI, R. 58)

If any person claims a right to attached property or objects to the attachment, the executing Court must
adjudicate upon the claim or objection.

 Finality: The order passed upon adjudication under Rule 58 shall have the same force and be
subject to the same conditions as to appeal or otherwise as if it were a decree [435(4)].

Resistance or Obstruction to Execution (S. 74, O. XXI, R. 97 et seq.)

1. By Judgment-Debtor (S. 74): Where the decree-holder or purchaser of immovable property is

resisted or obstructed in obtaining possession by the judgment-debtor (or someone on their
behalf) without just cause, the Court may order the obstructer to be detained in the civil prison
for a term up to thirty days and direct that the applicant be put into possession.

2. Adjudication Procedure (O. XXI, R. 97, 101): If resistance occurs, the decree-holder applies to
the Court complaining of the obstruction. The Court must then proceed to adjudicate the
application, and the resulting determination shall be made by that Court and not by a separate
suit [452, R. 101].

3. Dispossession (O. XXI, R. 99): If a person other than the judgment-debtor is dispossessed by the
decree-holder, they may apply to the Court for redress, and the Court shall adjudicate the matter.

4. Final Orders: An order passed after adjudication of resistance (R. 98) or dispossession (R. 100)
is treated as a decree for the purpose of appeal [453, R. 103]. If the resistance was caused by the
judgment-debtor, and the applicant is still resisted after the Court order, the Court may order the
judgment-debtor to be detained for up to thirty days.

It is my pleasure to provide the requested comprehensive tables for Module 5, focusing on the statutory
procedures and judicial interpretations regarding Decrees and their Execution.

The first table is structured using the guidelines provided by the source document "ORDER RULE TABLE,"
integrating the relevant Sections, Orders, and Rules from the Civil Procedure Code (CPC).

Table 1: Consolidated Statutory Provisions (CPC) for Module 5: Decrees and Execution

Topic Covered Section(s) Order(s) & Rule(s) Key Reference Details

in Module 05

1. Decree: S. 2(2) O. XX (Judgment and Decree is the formal expression

Meaning, (Definition of Decree) of an adjudication conclusively
Purpose, Court Decree) [132(2)] determining rights [132(2)].
& Reliefs

S. 33 (Judgment R. 6 (Contents of decree) Judgment must be pronounced,

and decree) and decree shall follow. Decree
must specify relief granted and
costs.

S. 37 (Court R. 11 (Payment by Includes the Court of first

which passed a instalments) instance or the Court retaining
 decree) jurisdiction/competent to try the
suit had it been instituted at the
time of execution.

R. 12 (Decree for mesne Decree for mesne profits involves

profits/possession) further inquiry before passing a
final decree.

2. Execution: S. 38 (Court by O. XXI R. 6 (Procedure Execution generally by the Court

Jurisdiction, which executed) where decree transferred) which passed it or the Court to
Transfer, which it is sent.
Parties

S. 39 (Transfer of O. XXI R. 16 (Execution by Transferee of a decree (by

decree) transferee of decree) assignment/operation of law)
may apply for execution after
notice to the judgment-debtor.

S. 49 (Transferee S. 50 (Legal representative) Decree held by transferee is

equities) subject to equities judgment-
debtor might enforce against
original decree-holder.

S. 52 S. 53 (Liability of ancestral L.R. is liable only to the extent of

(Enforcement property) the deceased's property in their
against L.R.) hands. Ancestral property liable
for debt is deemed property of
the deceased ancestor.

3. Payment, S. 36 O. XXI R. 1 (Modes of Money must be paid into Court

Procedure, (Application to paying money) or out of Court via bank/money
Process, Stay orders) order, etc., or as directed by
Court.

O. XXI R. 2 (Payment out of Payment/adjustment not

Court/Certification) certified or recorded shall not
be recognized by the executing
Court.

O. XXI R. 11 (Application Execution application must be in

for execution) written tabular form, specifying
the mode of Court assistance
required.

O. XXI R. 24 (Process for After preliminary measures (R.

execution) 22 notice), the Court issues
process signed by the Judge and
sealed.

O. XXI R. 26 (Stay by Transferee Court may stay

transferee Court) execution for reasonable time to
allow JD to apply for stay from
Appellate/Passing Court.

O. XLI R. 5 (Stay by Appeal alone does not

 Appellate Court) automatically grant stay; stay
requires satisfying the court of
substantial loss, prompt
application, and furnishing
security.

4. Property S. 60 (Property O. XXI R. 46 (Attachment Liable property includes lands,

Liable/Not liable/exempt) of debts, shares, etc.) money, debts, securities, and
Liable to property over which JD has a
Attachment disposing power.

S. 64 (Private O. XXI R. 46A to 46H Exempt property includes

alienation after (Garnishee Procedure) necessary wearing-apparel, tools
attachment) of artisans, and parts of salary
(e.g., first ₹1,000 + 2/3
remainder; 1/3 for maintenance
decree).

5. Modes of S. 51 (Powers of O. XXI R. 30 (Execution of Execution modes: Delivery,

Execution: Court) money decree) Attachment/Sale,
Arrest, Sale, Arrest/Detention, Receiver, or
Garnishee, other prescribed manner.
Specific
Decrees

S. 56 O. XXI R. 32 (Specific Decree for injunction enforced

(Prohibition re. performance/Injunction) by detention in civil prison or
women) attachment/sale of property.

S. 58 (Detention O. XXI R. 37 (Notice to Detention period limits: Max 3

limits) show cause before months (over ₹5,000); Max 6
detention) weeks (₹2,001 to ₹5,000); No
detention (up to ₹2,000).

S. 65 O. XXI R. 64, 66 Title to immovable property sold

(Purchaser's (Power/Proclamation of vests in the purchaser from the
title) sale) time of sale becoming absolute.
Sale is generally by public
auction after proclamation.

6. Questions by S. 47 (Questions O. XXI R. 58 (Adjudication All questions arising between

Executing to be determined of claims/objections to parties/representatives relating
Court & by the executing attachment) to execution, discharge, or
Resistance court) satisfaction must be determined
by the executing Court; separate
suit is barred.

S. 74 (Resistance O. XXI R. 97 to R. 103 If resistance is caused by JD

to execution) (Resistance/Obstruction without just cause, JD may be
procedure) detained for up to 30 days.
Orders passed on adjudication of
resistance/claim are treated as
decrees for appeal.
Table 2: Landmark Case Laws for Module 5 (Decrees and Execution)

As noted previously, the CPC source materials provided do not cite specific case laws. These precedents
are supplied from external legal knowledge to elaborate upon the judicial interpretation of the execution
provisions.

Module Topic Case Law Key Principle/Interpretation

(Outside
Source)

Decree & Executing M. P. The "Court which passed the decree" includes the
Jurisdiction (S. 37, S. 47) Shreevastava v. Appellate Court if it has varied or modified the
Mrs. Veena decree. The executing court cannot generally "go
(1967 SC) behind the decree" and question its validity or
legality.

Execution by Arrest (S. Jolly George Interpreted S. 51 (Arrest and Detention) in light of
51, Proviso) Varghese v. constitutional protections. Held that civil
Bank of Cochin imprisonment is illegal if the debtor is merely unable
(1980 SC) to pay due to misfortune. Arrest is reserved for cases
involving proved dishonesty, bad faith, or wilful
refusal to pay despite having the means.

Attachment before Kishore Kumar Reaffirmed that attachment before judgment is an

Judgment (O. XXXVIII, R. v. R. A. Pillai extraordinary remedy. The order can only be granted
5) (1998 SC) if the defendant demonstrates a clear intention to
obstruct or delay execution, not merely because the
debt is unsecured or collection is difficult.

Transferee/L.R. V. M. S. Malik v. Affirmed S. 49, confirming that a transferee decree-

Execution (S. 49) P. M. F. C. Co. holder is burdened by all the equities and liabilities
(2018 SC) that the judgment-debtor could enforce against the
original decree-holder.

Questions to be Bhavarlal v. Strongly emphasized that S. 47 provides an exclusive

Determined (S. 47) Naharlal (1993 jurisdiction to the executing court. All questions
SC) concerning the execution, discharge, or satisfaction of
the decree, including delivery of possession to the
auction purchaser, must be decided under this
section, thereby barring a separate suit on these
matters.

Resistance/Obstruction Silverline Forum Clarified that the execution court must hold a
(O. XXI, R. 97) Pvt. Ltd. v. Rajiv comprehensive inquiry into the claims of any third
Trust (1998 SC) party resisting possession. The determination
resulting from this inquiry (under R. 103) has the
force of a decree and is appealable, eliminating the
need for further protracted litigation.

Module 6: Special Suits (Particular Proceedings)

This module addresses litigation where the standard procedure is modified due to the nature of the
parties (such as the Government or Minors) or the specific purpose of the suit (such as recovery on
commercial instruments or protecting stakeholders).

1. Summary Suits (Summary Procedure)

Summary suits are governed by Order XXXVII and aim for speedy justice in specified commercial claims
by severely restricting the defendant’s right to defend.

A. Applicability and Scope (O. XXXVII, R. 1, 2)

1. Courts: This procedure applies to the High Courts, City Civil Courts, and Courts of Small Causes.
The High Court, by notification in the Official Gazette, may further restrict, enlarge, or vary the
categories of suits to which this Order applies.

2. Suits Covered: The procedure applies to suits concerning:

o Suits upon bills of exchange, hundies, and promissory notes.

o Suits seeking only to recover a debt or liquidated demand in money payable by the
defendant, with or without interest, arising on:

 A written contract.

 An enactment, where the sum is fixed or in the nature of a debt (excluding

penalties).

 A guarantee, where the claim against the principal is solely for a debt or
liquidated demand.

3. Institution: The plaint must contain a specific averment that the suit is being filed under this
Order.

B. Procedure (O. XXXVII, R. 3)

 Judgment by Default: If the defendant fails to appear after service of the summons, the plaintiff
is entitled to judgment forthwith.

 Leave to Defend: If the defendant applies for leave to defend, the Court shall not refuse leave
unless it is satisfied that the facts disclosed do not entitle the defendant to defend or that the
defence is frivolous or vexatious.

 Conditional Leave: If a part of the amount claimed is admitted by the defendant, leave to defend
shall not be granted unless the admitted amount is deposited by the defendant in Court.

2. Suits by or against government and public officers

The procedure in these special suits is primarily governed by Sections 79, 80, and 82 and Order XXVII.

A. Naming Parties (S. 79) In suits by or against the Government, the authority named must be the
Central Government (e.g., The Union of India) or the State Government (e.g., The State), as the case may
be.

B. Mandatory Notice (S. 80)

1. Requirement: No suit shall be instituted against the Government, or against a public officer in
respect of any act purporting to be done in his official capacity, until the expiration of two
months after a notice in writing has been delivered.
 2. Contents and Purpose: The notice must explicitly state the cause of action, the name,
description, and place of residence of the plaintiff, and the relief claimed.

3. Waiver/Urgency: A suit may be instituted without notice if the Court is satisfied that the plaintiff
requires urgent or immediate relief. However, if the Court later finds no urgency, it must return
the plaint for presentation after the notice requirement is met.

4. Defect in Notice: The suit shall not be dismissed merely due to an error or defect in the notice if
the necessary particulars (name, cause of action, relief) were substantially indicated so as to
allow the authority or officer to identify the person serving the notice.

C. Procedure and Execution (O. XXVII, S. 82)

 Appearance Time (O. XXVII, R. 5): When fixing the day for the Government to answer, the Court
must allow a reasonable time (which may not exceed two months in the aggregate) for
communication and instructions.

 Joining Government: Where a suit is filed against a public officer for damages in an official
capacity, the Government shall be joined as a party to the suit (O. XXVII, R. 5A).

 Duty to Settle: The Court has a duty to assist in arranging a settlement between the parties at
any stage of the suit if a reasonable possibility exists, and may adjourn the proceeding for this
purpose (O. XXVII, R. 5B).

 Execution (S. 82): Execution shall not be issued on any decree against the Government or a
public officer unless the decree remains unsatisfied for a period of three months computed
from the date of the decree.

3. Suits by aliens and foreign states

These suits, governed by Sections 83 to 86, concern the special position of non-citizens and sovereign
entities in Indian Courts.

A. Suits by Aliens (S. 83)

 Alien Friends: May sue in any competent court as if they were citizens of India.

 Alien Enemies: Cannot sue unless they reside in India with the Central Government's
permission.

B. Suits by Foreign States (S. 84) A foreign State may sue in any competent Court, provided the suit is
intended to enforce a private right vested in the Ruler or officer in their public capacity.

C. Suits Against Foreign States, Rulers, etc. (S. 86)

1. Mandatory Consent: No foreign State, Ruler, Ambassador, Envoy, or High Commissioner

may be sued in any competent Court except with the consent of the Central Government,
certified in writing.

2. Conditions for Consent: Consent is usually granted only if the foreign State has waived the
privilege, trades within the local limits of the Court, or is in possession of immovable property
related to the suit.

3. Exception: Consent is not required if the suit is instituted by a person, as a tenant of

immovable property, against the foreign State/Ruler from whom they hold the property (S.
86(3)).

4. Execution: No decree shall be executed against the property of any foreign State except with
the consent of the Central Government.
4. Suits by or against corporations, partnership firms, persons carrying on business in names
other than their own

These procedures, found in Orders XXIX and XXX, streamline litigation involving artificial and collective
entities.

A. Suits by or Against Corporations (O. XXIX)

1. Verification of Pleadings (R. 1): In suits by or against a corporation, the pleading must be
signed and verified by the Secretary, a Director, or any other principal officer of the corporation
who is able to depose to the facts of the case.

2. Service of Summons (R. 2): Summons may be served on the Secretary, Director, or principal
officer, or by leaving it or sending it by post to the registered office or principal place of business
in India.

B. Suits Against Persons Carrying on Business in Other Names (O. XXX, R. 10) Any person carrying on
business in a name or style other than his own name, or a Hindu undivided family carrying on business
under any name, may be sued in such name or style as if it were a firm name, and the rules of Order
XXX shall apply accordingly.

(Note: While the syllabus lists partnership firms, the specific rules of Order XXX regarding the execution
against partners (R. 8) or suits between co-partners (R. 9) were not detailed in the available excerpts, only
the general applicability of R. 10).

5. Suits by or against minors, lunatics (O. XXXII)

This Order provides safeguards for parties under legal disability. The rules apply to minors and to persons
adjudged or found by the Court to be of unsound mind or mentally infirm and incapable of protecting
their own interests (R. 1, R. 15).

A. Representation

 Minor Plaintiff: Must be represented by a next friend.

 Minor Defendant: The Court shall appoint a guardian for the suit (R. 3).

 Eligibility: The next friend or guardian must have no interest adverse to that of the minor (R.
4).

 Costs: If a suit instituted on behalf of a minor is deemed unreasonable or improper, the Court
may order the next friend to pay the costs of all parties (R. 14).

B. Restrictions on Compromise

 Leave of Court: No next friend or guardian for the suit shall enter into any agreement or
compromise on behalf of a minor regarding the suit without the express leave of the Court (R.
7).

 Consequence: Any compromise or agreement entered into without such leave is voidable
against all parties to the suit.

6. Suits by indigent persons (O. XXXIII)

This Order permits access to justice for the poor by allowing suits to be instituted without the payment of
court fees.
A. Definition (O. XXXIII, R. 1) An indigent person is defined as someone who is not possessed of
sufficient means to pay the prescribed court fee, excluding property exempt from attachment in
execution and the subject-matter of the suit.

B. Application and Scrutiny (R. 2, 3, 5)

1. Application: The application must contain all the particulars required in a plaint, plus a
schedule of all movable and immovable property belonging to the applicant, with its
estimated value.

2. Presentation: The application must be presented to the Court by the applicant in person
(unless exempted from appearance).

3. Grounds for Rejection (R. 5): The Court shall reject the application if:

o It is not properly framed or presented.

o The applicant is not an indigent person.

o The applicant has fraudulently disposed of property within two months to qualify as
indigent.

o The application's allegations do not show a cause of action, or the suit appears barred
by any law.

C. Costs and Fees (R. 10) If the indigent person succeeds, the Court calculates the court fees that would
have been paid. This amount is recoverable by the State Government from any party ordered to pay it,
and it constitutes a first charge on the subject-matter of the suit.

7. Interpleader suits (S. 88; O. XXXV)

Interpleader procedure allows a stakeholder to compel rival claimants to litigate amongst themselves to
determine the rightful owner of property.

A. Conditions for Institution (S. 88) An interpleader suit may be instituted when:

1. Two or more persons claim adversely to one another the same debt, sum of money, or other
property (movable or immovable).

2. The third person (the plaintiff) claims no interest in the subject-matter, other than for charges or
costs.

3. The plaintiff is ready to pay or deliver the property to the rightful claimant.

4. Bar: The suit cannot be instituted if a previous suit is pending where the rights of all parties can
properly be decided.

B. Plaint and Procedure (O. XXXV, R. 1, 5)

 Plaint Contents: The plaint must specifically state that the plaintiff claims no interest other than
charges/costs, specify the claims of the defendants, and aver that there is no collusion.

 Restriction: The Order does not permit agents to sue their principals or tenants to sue their
landlords for the purpose of compelling them to interplead, unless the rival claim is made
through the principal or landlord.

 Adjudication: The Court may proceed to adjudicate the claims or order that issues be framed
and tried (R. 4). The plaintiff may also be required to pay the money or property into Court.
The request for comprehensive, structured tables for Module 6 is excellent for consolidating the
procedural requirements of Special Suits. I have prepared two tables below, adhering to the format
guidelines derived from the "ORDER RULE TABLE" source provided, utilizing the statutory information
from the CPC sources, and supplementing with external case law as requested.

Table 1: Consolidated Statutory Provisions (CPC) for Module 6: Special Suits

This table outlines the procedural framework for suits involving special parties or purposes, as found in
the specific Sections and Orders of the CPC.

Topic Covered Section(s) Order(s) & Rule(s) Key Reference Details

in Module 06

1. Summary (General O. XXXVII (Summary Applies to bills of exchange,

Suits powers Procedure) hundies, and liquidated money
implicit in S. demands on written
33, 34) contracts/guarantees. Plaintiff
gets judgment if defendant fails
to appear. Leave to defend must
be granted unless defense is
illusory.

2. Suits S. 79 O. XXVII (Suits by or against Government must be sued as The

by/against (Naming the Government) Union of India or The State.
Government parties)
and Public
Officers S. 80 (Notice) R. 4 (Agent for process) Mandatory 2-month notice
before institution. Suit can be
filed without notice for urgent
relief, subject to return of plaint.

S. 82 R. 5B (Duty to assist Execution is barred for three

(Execution of settlement) months from decree date. Court
decree) has duty to assist settlement.

3. Suits by S. 83 (Aliens) (No specific Order/Rule Alien enemies cannot sue

Aliens and provided) without Central Government
Foreign States permission; alien friends may
sue.

S. 84 S. 86 (Suits against Foreign Suit against a Foreign State

(Foreign States/Rulers/Ambassadors) requires Central Government
States' right consent. Consent not required
to sue) for tenant suing landlord (foreign
State).

S. 85 No execution shall issue against

(Recognized property of Foreign State without
agents for Central Government consent.
Rulers)

4. Suits (General O. XXIX (Corporations) Pleadings verified by Director,

by/against power Secretary, or principal officer
Corporations, implicit in S. (R. 1). Service on registered
 Firms, etc. 26) office or principal officer (R. 2).

O. XXX (Firms and Other Firms may sue/be sued in firm

Names) name (R. 1). Person doing
business in a non-own name may
be sued in that style (R. 10).

5. Suits by or (General O. XXXII (Minors and Minor must sue by next friend;
against Minors, power Persons of Unsound Mind) minor defendant requires
Lunatics implicit in S. guardian for the suit (R. 1, R. 3).
26)
R. 7 (Compromise requires Guardian/Next Friend must have
leave) ** no adverse interest** to the
minor.

R. 15 (Applicability to Any compromise without

unsound mind) express leave of the Court is
voidable (R. 7).

6. Suits by (General O. XXXIII (Suits by Indigent Indigent defined as not having

Indigent power Persons) sufficient means to pay court fee
Persons implicit in S. (excluding exempt
26) property/subject-matter of suit).

R. 3 (Presentation of Application must be presented by

application) the applicant in person.

R. 5 (Rejection of application) Application is rejected if it does

not show a cause of action, is
barred by law, or if the applicant
has fraudulently disposed of
property.

7. Interpleader S. 88 O. XXXV (Interpleader) Plaintiff must claim no interest

Suits (Conditions in the subject-matter (except
for costs) and must be ready to
institution) deliver property to the rightful
claimant.

R. 5 (Agents and tenants Agents cannot sue their

restriction) principals (or tenants their
landlords) to compel
interpleader unless the rival
claim is made through that
principal/landlord.

Table 2: Landmark Case Laws for Module 6 (Special Suits)

The following judicial precedents illustrate the core legal principles governing the initiation and conduct
of Special Suits.

Module Topic Case Law (Outside Key Principle/Interpretation

 Source)

Summary Mechalec Engineers Established the conditions for granting or refusing leave to
Suits (O. & Manufacturers v. defend. Leave is granted unconditionally if the defendant
XXXVII) Basic Equipment shows a genuine, triable issue. If the defense is doubtful or
Corporation (1977 conditional, leave may be granted subject to the defendant
SC) depositing the amount claimed. If the defense is a
"moonshine" (sham), leave must be refused.

Suits against Bihari Chowdhary v. Held that the requirement of issuing the mandatory two-
Government State of Bihar (1984 month notice under S. 80 is a condition precedent to the
(S. 80) SC) institution of the suit. Non-compliance renders the suit liable
for rejection or return (where urgent relief is sought without
proper notice), thereby emphasizing that notice is not
merely a formality but a mandatory statutory safeguard.

Suits against Mirza Akbar Ali v. Confirmed that the consent of the Central Government
Foreign States Union of India (1957 under S. 86 is a mandatory prerequisite to the jurisdiction of
(S. 86) SC) the Civil Court to entertain a suit against a foreign State or
ruler. This requirement protects sovereign immunity.

Suits by Gharda Chemicals Emphasized that the prohibition on compromise or

Minors (O. Ltd. v. H.C.F. & W. settlement without the express leave of the Court is a
XXXII, R. 7) Union (2007 SC) fundamental safeguard under R. 7. This rule is non-
negotiable and strictly construed to ensure that the minor's
interest is always paramount and protected.

Suits by Union Bank of India Highlighted that the purpose of O. XXXIII is to ensure access
Indigent v. Khader to justice for the poor. The inquiry conducted under this
Persons (O. International order must be limited to determining the applicant's
XXXIII) Construction (2001 financial status and whether the application is bona fide,
SC) without delving into complex merits that would be part of
the actual trial.

Module 7: Appeals, Revision and Review, Recognition of Judgments

This module primarily covers Part VII (Appeals) and Part VIII (Reference, Review, and Revision) of
the Code of Civil Procedure (CPC).

1. Appeals from original and from appellate decrees, Appeals to Supreme Court

A. Appeals from Original Decrees (First Appeals)

1. Right to Appeal (S. 96): An appeal shall lie from every decree passed by any Court exercising
original jurisdiction, unless otherwise expressly provided by the Code or any other law. An appeal
may lie from an original decree passed ex parte.

2. Bar to Appeal: No appeal shall lie from a decree passed by the Court with the consent of
parties.

3. Procedure: The appeal must be preferred by a signed memorandum and accompanied by a

copy of the judgment. The grounds of objection must be set forth concisely.
 4. Effect of Preliminary Decree (S. 97): If a party aggrieved by a preliminary decree does not
appeal from it, they are precluded from disputing its correctness in any appeal preferred from
the final decree.

B. Appeals from Appellate Decrees (Second Appeals)

1. Grounds (S. 100): A second appeal lies to the High Court from every decree passed in appeal by a
subordinate Court, only if the High Court is satisfied that the case involves a substantial
question of law.

2. Procedure: The memorandum of appeal shall precisely state the substantial question of law
involved, which the High Court must then formulate.

3. Grounds Restriction (S. 101): No second appeal shall lie except on the ground mentioned in
Section 100.

4. No Further Appeal (S. 100A): Where an appeal is heard and decided by a Single Judge of a
High Court, no further appeal shall lie from the judgment or decree of that Single Judge.

C. Appeals to Supreme Court (S. 109)

An appeal lies to the Supreme Court from any judgment, decree, or final order of a High Court in a civil
proceeding, provided the High Court certifies that:

1. The case involves a substantial question of law of general importance; and

2. In the opinion of the High Court, the said question needs to be decided by the Supreme Court.

2. Appeals from Orders

1. Appealable Orders (S. 104): Appeals lie only from orders which are expressly appealable
under Section 104 or under the specific rules (e.g., Order XLIII). No appeal lies from an order
passed in appeal under Section 104.

2. Challenging Non-Appealable Orders (S. 105): If a non-appealable order contains an error or

irregularity that affects the decision of the case, this error may be set forth as a ground of
objection in the appeal against the final decree.

3. Specific Appealable Orders (O. XLIII, R. 1): Orders expressly made appealable by the rules
include orders under:

o Order XXXIX, Rules 1, 2, 2A, 4, or 10 (Temporary Injunctions and Interlocutory Orders)

[O. XLIII, R. 1].

o Order XL, Rule 4 (Enforcement of Receiver's duties) [O. XLIII, R. 1].

o Orders under Order XLI, Rule 23 or 23A (Remand orders) [O. XLIII, R. 1].

4. Right to Challenge (O. XLIII, R. 1A): A party may, in an appeal against a final decree, challenge
the correctness of any intermediate order made against them (even if non-appealable).

3. Powers of Appellate Courts, Procedure in Appeals

A. Stay of Execution (O. XLI, R. 5)

1. No Automatic Stay: The mere presentation of an appeal shall not operate as a stay of
proceedings or execution.

2. Conditions for Stay: The Appellate Court may order a stay of execution only if satisfied that:
 o Substantial loss may result to the applicant.

o The application was made without unreasonable delay.

o The applicant has furnished or is ready to furnish security for the performance of the
decree.

B. Powers of Appellate Courts (S. 107; O. XLI)

The Appellate Court has the same powers and performs the same duties as the original court:

1. Final Determination: To determine a case finally.

2. Remand: To remand a case (under R. 23 or 23A).

3. Additional Evidence (R. 27): Additional evidence is generally restricted. It may be allowed if the
party establishes that notwithstanding the exercise of due diligence, the evidence was not
within their knowledge or could not be produced, OR if the Court requires the evidence to
pronounce judgment. The Court must record its reasons for admitting additional evidence.

4. Power to Pass Any Decree (R. 33): The Appellate Court may pass any decree and make any
order which ought to have been passed or made, and this power extends even in favour of a
respondent who has not filed any appeal or objection.

C. Procedure Highlights

1. Condonation of Delay (R. 3A): If the appeal is presented after the period of limitation, it must be
accompanied by an affidavit setting forth facts to satisfy the Court that there was sufficient
cause for the delay.

2. Security for Costs (R. 10): The Appellate Court may require security for costs, which is
mandatory if the appellant resides out of India and does not possess sufficient immovable
property within India.

3. Cross-Objections (R. 22): A respondent who has not appealed may file a cross-objection
against the decree or a challenge to a finding.

4. Judgment (R. 31): The Appellate Court's judgment must state the points for determination, the
decision thereon, and the reasons for the decision.

4. Reference, Review and Revision

These mechanisms (Sections 113–115) provide ways for superior courts to supervise subordinate courts
or for the court itself to correct errors.

Mechanis Governing Scope and Conditions

m Section/Order

Reference S. 113; O. XLVI A subordinate Court may refer a doubtful question of law to the
High Court for its opinion, usually when the decree arising from the
case is not subject to appeal [S. 113].

Review S. 114; O. XLVII Application made to the Court that passed the decree [S. 114].
Grounds: Discovery of new and important evidence (despite due
diligence), mistake or error apparent on the face of the record,
or any other sufficient reason [O. XLVII, R. 1, 435]. An order
rejecting a review application is generally non-appealable [O. XLVII,
R. 7].
 Revision S. 115 The High Court may call for records of any decided case from a
subordinate Court where no appeal lies [S. 115]. Used only for
jurisdictional errors where the subordinate Court: (a) exercised
jurisdiction not vested, (b) failed to exercise vested jurisdiction, or
(c) acted illegally or with material irregularity [S. 115].

| Revision Proviso: The High Court cannot vary or reverse an interim order unless that order, if made in
favour of the applicant, would have finally disposed of the suit [S. 115].

5. Recognition of Foreign Judgments

1. Conclusiveness (S. 13): A foreign judgment is generally conclusive as to any matter directly
adjudicated upon between the same parties [S. 13].

2. Exceptions (S. 13): A foreign judgment is not conclusive if:

o It was not pronounced by a Court of competent jurisdiction.

o It was not given on the merits of the case.

o It was obtained by fraud.

o The proceedings were opposed to natural justice.

o It is founded on a breach of any law in force in India [S. 13].

3. Execution (S. 44A): Decrees of superior courts of reciprocating territories (declared by the
Central Government) may be executed in India as if they had been passed by a District Court,
subject to the exceptions under Section 13 [S. 44A].

4. Presumption (S. 14): Indian Courts shall presume that a foreign judgment was pronounced by a
competent court, unless the contrary appears on the record [S. 14].

This is the final set of structured notes for Module 7, covering the mechanisms of judicial review,
appeal, and the finality of decisions. I have provided the statutory provisions and relevant case laws in
two separate tables, adhering to the requested format guidelines.

Table 1: Consolidated Statutory Provisions (CPC) for Module 7

This table details the provisions governing Appeals (Part VII) and Reference, Review, and Revision
(Part VIII), and the recognition of judgments.

Topic Covered in Section(s) Order(s) & Key Reference

Module 07 Rule(s) Details

1. Appeals from S. 96 (First Appeal) O. XLI (Appeals Appeal lies from

Original/Appellate from Original every decree, except
Decrees Decrees) consent decrees [S.
96].

S. 97 (Preliminary R. 1 (Form, Failure to appeal a

Decree) memorandum, preliminary decree
accompanying bars disputing it in
documents) final appeal [S. 97].
 S. 100 (Second O. XLII Second appeal
Appeal/Substantial (Appeals from restricted to cases
question of law) Appellate involving a
Decrees) substantial
question of law [S.
100].

S. 100A (No further No further appeal

appeal from Single from the decision of
Judge) a single Judge of the
High Court [S.
100A].

S. 109 (Appeal to Requires High Court

Supreme Court) certificate regarding
a substantial
question of law of
general
importance [S.
109].

2. Appeals from S. 104 (Appealable O. XLIII Appeal lies only

Orders orders) (Appeals from from orders
Orders) expressly
enumerated (S. 104)
or permitted by
rules [S. 104]. No
appeal lies from an
appellate order
under S. 104.

S. 105 (Other R. 1 (Specific Error in non-

orders) list of appealable order
appealable affecting the case
orders) can be objected to in
appeal against final
decree [S. 105].

3. Powers of S. 107 (Powers of O. XLI R. 5 Appeal does not

Appellate Courts, Appellate Court) (Stay by automatically stay
Procedure & Stay Appellate execution [O. XLI, R.
Court) 5]. Stay requires
proof of substantial
loss, prompt
application, and
security [O. XLI, R.
5].

R. 3A Affidavit required
(Condonation for showing
of delay) sufficient cause for
delay in filing
appeal.
 R. 10 (Security Security mandatory
for costs) if appellant resides
out of India and
lacks local
immovable
property.

R. 27 Additional evidence
(Additional permitted only for
evidence) specific reasons
(e.g., due diligence
failure, or Court
needs it to
pronounce
judgment).

R. 33 (Power of Power to pass any

Court of decree which ought
appeal) to have been passed,
even in favour of a
non-appealing
respondent.

4. Reference, S. 113 (Reference) O. XLVI Subordinate Court

Review and (Reference) refers a question of
Revision law to High Court
when it has
reasonable doubt
and generally where
the decree is non-
appealable.

S. 114 (Review) O. XLVII Review sought for

(Review) new evidence,
error apparent on
the face of the
record, or
sufficient reason
[O. XLVII, R. 1].

S. 115 (Revision) (Implicit) High Court

supervises
subordinate courts
for jurisdictional
errors where no
appeal lies [S. 115].
Proviso bars
reversal of interim
orders unless it
would finally
dispose of the suit
[S. 115].

5. Recognition of S. 13 S. 44A Foreign judgment is

 Foreign Judgments (Conclusiveness) (Execution in conclusive, unless
reciprocating specific exceptions
territory) apply (e.g., lack of
competence, fraud,
breach of Indian
law) [S. 13].

S. 14 (Presumption Decrees from

as to foreign reciprocating
judgments) territories can be
executed as
domestic decrees [S.
44A].

Table 2: Landmark Case Laws for Module 7 (Appeals, Revision and Review)

The following judicial precedents provide critical interpretations of the provisions governing judicial
review and the finality of judgments (sourced externally).

Module Case Law Key Principle/Interpretation

Topic (Outside
Source)

Second Gurnam Singh v. Reiterated that the jurisdiction of the High Court in a
Appeal (S. Puran Singh Second Appeal is strictly confined to a substantial
100) (1996 SC) question of law. The High Court cannot re-appreciate
evidence or interfere with concurrent findings of fact
merely because a different view is possible.

Stay of State of Affirmed the stringent conditions for granting stay

Execution Maharashtra v. under R. 5. A Court granting a stay must record its
(O. XLI, R. 5) Digambar satisfaction regarding the three mandatory
(1995 SC) conditions (Substantial loss, no delay, security) to
prevent abuse and ensure enforcement of the decree is
not needlessly obstructed.

Additional K.R. Mohan Stressed that the Appellate Court's power to take
Evidence (O. Reddy v. P. additional evidence is exceptional. It cannot be
XLI, R. 27) Chinna Reddy invoked to fill lacunae or deficiencies in the evidence
(2010 SC) which could have been produced at the trial with due
diligence. It is mainly for cases where the evidence is
essential to enable the Court to pronounce judgment.

Review (O. Sow Chandra Clarified that an "error apparent on the face of the
XLVII, R. 1) Kanta v. Sk. record" for the purpose of review must be an obvious
Habib (1975 and patent error (a demonstrable mistake) and not
SC) merely an arguable error that requires lengthy
argument or detailed re-examination of facts.

Revision (S. Major S. S. Detailed the scope of the High Court's supervisory
115) Khanna v. Brig. jurisdiction under S. 115, affirming that the High Court
F. J. Dillon (1964 is concerned only with the jurisdictional competence
SC) of the subordinate court—did it act within its power,
 outside its power, or exercise its power illegally or with
material irregularity?

Foreign Y. Narasimha Interpreted the exceptions under S. 13 broadly,

Judgments Rao v. Y. particularly concerning judgments opposed to natural
(S. 13) Venkata justice or based on an incorrect view of Indian law.
Lakshmi (1191 The judgment confirmed that Indian courts must
SC) examine foreign judgments to ensure they do not
violate fundamental legal principles or public policy,
especially in matrimonial matters.

Module 8: The Limitation Act, 1963

1. Objects, Purposes, and Definitions under the Act

A. Objects and Purposes

The fundamental purpose of the Limitation Act, 1963, is to consolidate and amend the law for the
limitation of suits and other proceedings and for purposes connected therewith. Limitation laws are
procedural in nature, prescribing the time limit for seeking judicial remedies, thereby ensuring certainty
and promptness in legal proceedings.

B. Key Definitions (Section 2)

 Applicant: Includes a petitioner and any person from or through whom an applicant derives his
right to apply.

 Period of Limitation: Means the period of limitation prescribed for any suit, appeal, or
application by the Schedule of the Act.

 Prescribed Period: Means the period of limitation computed in accordance with the
provisions of this Act.

 Suit: Does not include an appeal or an application.

 Trustee: Does not include a benamidar, a mortgagee remaining in possession after the
mortgage is satisfied, or a person in wrongful possession without title.

 Plaintiff: Includes any person from or through whom a plaintiff derives his right to sue, and any
person whose estate is represented by the plaintiff as executor, administrator, or other
representative.

2. Bar of Limitation, Prescribed Period, Continuous Running of Time, and Application to

Government

A. Bar of Limitation (Section 3)

1. Mandatory Dismissal: Subject to Sections 4 to 24 (inclusive), every suit instituted, appeal

preferred, and application made after the prescribed period shall be dismissed.

2. Court's Duty: The Court is obligated to dismiss the proceeding if it is time-barred, even if
limitation has not been set up as a defence by the opposing party.

3. Institution of Suit: A suit is generally instituted when the plaint is presented to the proper
officer.

B. Prescribed Period and the Schedule

The Schedule provides specific time periods for different actions (suits, appeals, and applications) and
specifies the moment in time from which the period begins to run.

 Possession Suits (Article 65): For possession of immovable property based on title, the period
is Twelve years, starting from the date the defendant’s possession becomes adverse to the
plaintiff.

 Government Suits (Article 112): Any suit by or on behalf of the Central Government or any
State Government has a special limitation period of Thirty years. Time runs from when the
period would begin against a like suit by a private person.

 Residual Suits (Article 113): Any suit for which no period is provided elsewhere in the Schedule
is limited to Three years, running from when the right to sue accrues.

C. Continuous Running of Time (Section 9)

The core principle is that once time has begun to run, no subsequent disability or inability to
institute a suit or application stops it.

 Exception (Suspension): Time is suspended only in the specific instance where letters of
administration to the estate of a creditor have been granted to his debtor; the period of limitation
for a suit to recover the debt is suspended while the administration lasts.

D. Special Period of Limitation for the Government

As noted above, the Government (Central or State) enjoys an extended limitation period of Thirty years
for suits, calculated from the time a private person would face the bar.

E. Application to Arbitration Proceedings

The Act applies broadly to "applications". While the specific procedure for arbitration is governed by
separate legislation, the Limitation Act applies to applications (such as setting aside an award or filing
certain claims). The Limitation Act also specifies that the time requisite for obtaining a copy of an award
shall be excluded when computing the period for setting aside that award.

3. Extension of Period

A. Court Closed (Section 4)

If the prescribed period for a suit, appeal, or application expires on a day when the court is closed, the
proceeding may be initiated on the day the court reopens.

B. Sufficient Cause (Section 5)

1. Applicability: This section applies only to appeals and applications, and generally not to suits.

2. Grounds: The Court may admit an appeal or application after the prescribed period if the party
satisfies the court that they had sufficient cause for not preferring the appeal or making the
application within that period.

3. Explanation: Being misled by any order, practice, or judgment of the High Court in computing the
period may be considered sufficient cause.

C. Legal Disability (Section 6)

1. Disabilities: Where a person entitled to institute a suit or make an application is a minor,

insane, or an idiot at the time the right to sue accrues, the limitation period is calculated from
the time the disability has ceased.
 2. Successive Disabilities: If one disability follows another (e.g., minor becomes insane), time runs
only after both disabilities have ceased.

3. Maximum Extension (Section 8): The benefit of Sections 6 or 7 (disability of one or several
persons) cannot extend the limitation period for more than three years from the cessation of
the disability or the death of the person affected thereby. This extension is explicitly not
applicable to suits for the possession of immovable property or suits to enforce rights of pre-
emption.

D. No Bar in Suits Against Trustees (Section 10)

No period of limitation applies to suits against a person in whom property has become vested in trust
for a specific purpose, or against their legal representatives or assigns. This provision acts as an
exception to the general rule of limitation. For the purpose of this section, property comprised in a Hindu,
Muslim, or Buddhist religious or charitable endowment is deemed to be property vested in trust for a
specific purpose, and the manager is deemed to be the trustee.

4. Computation of Period of Limitation, Exclusion of Time, Effect of Death, Fraud, and Mistake

A. Exclusion of Time (Sections 12, 14, 15)

1. Legal Proceedings (S. 12): In computing the limitation period for any suit, appeal, or
application, the day from which the period is to be reckoned shall be excluded. For appeals,
the time requisite for obtaining a copy of the decree, sentence, or order appealed from is also
excluded.

2. Wrong Court/Defect of Jurisdiction (S. 14): Time spent prosecuting a civil proceeding in good
faith and with due diligence in a court which, from a defect of jurisdiction or other cause of a
like nature, was unable to entertain it, shall be excluded. Misjoinder of parties or causes of
action is deemed a cause of a like nature with defect of jurisdiction.

3. Stay by Injunction/Notice (S. 15): The time during which the institution or execution of a
decree has been stayed by injunction or order shall be excluded. The mandatory notice period
required before filing suit against the Government or for which Government sanction is required
shall also be excluded.

B. Effect of Death (Section 16)

If a person dies on or before the accrual of the right to sue, the period of limitation is computed from the
time when there is a legal representative of the deceased capable of instituting the suit or when
there is a legal representative of the deceased defendant against whom the plaintiff may institute the suit.

C. Defendant Being Out of India

The primary provision related to foreign involvement, Section 11, subjects suits instituted in India
concerning contracts entered into in a foreign country to the rules of limitation contained in the Indian
Act. A foreign rule of limitation is only a defense if it has extinguished the contract and the parties were
domiciled in that country during the prescribed period. (Note: The 1963 Act removed the older provision
that specifically excluded the time the defendant was absent from India.)

D. Fraud and Mistake (Section 17)

Where a suit or application is based upon the fraud of the defendant (or his agent), or where the
knowledge of the right or title is concealed by the fraud of the defendant, or where the suit seeks relief
from the consequence of a mistake, the period of limitation does not begin to run until the plaintiff (or
applicant) has discovered the fraud or mistake, or could have discovered it with reasonable diligence.

5. Effect of Acknowledgment in Writing and Payment on Account of Debt

A. Acknowledgment in Writing (Section 18)

1. Fresh Period: If an acknowledgment of liability regarding property or right is made in writing

and signed by the party against whom the claim is made, a fresh period of limitation shall be
computed from the time the acknowledgment was so signed.

2. Condition: This acknowledgment must be made before the expiration of the original
prescribed period.

3. Evidence: If the acknowledgment is undated, oral evidence may be given of the time when it
was signed.

B. Payment on Account of Debt (Section 19)

Where payment on account of a debt (or of interest on a legacy) is made before the expiration of the
prescribed period by the person liable (or his authorized agent), a fresh period of limitation shall be
computed from the time when the payment was made.

6. Adverse Possession - Acquisition of Ownership by Possession

A. Extinguishment of Right (Section 27)

The Limitation Act not only bars the remedy but, in cases concerning property, extinguishes the right
itself. At the determination of the period prescribed for instituting a suit for possession of any property,
the right to such property shall be extinguished. This is the legal foundation for adverse possession.

B. Acquisition of Ownership (Article 65 and Section 25)

1. Adverse Possession: Under Article 65 of the Schedule, the limitation period for filing a suit for
possession of immovable property based on title is Twelve years. If the rightful owner fails to file
suit within this period from the date the defendant's possession becomes adverse, the owner's
title is extinguished, and the defendant (the possessor) acquires title by adverse possession.

2. Easements by Prescription (S. 25): The acquisition of ownership by possession also applies to
certain rights. Where the access and use of light or air to a building, or any other easement, has
been enjoyed by any person as of right, without interruption, for a period of twenty years, the
right shall be deemed absolute and indefeasible. If the property belongs to the Government, the
period of uninterrupted enjoyment required is thirty years.

It is my pleasure to provide you with the consolidated tables for Module 8 (The Limitation Act, 1963),
drawing extensively from the Limitation Act Schedule provided in your source materials.

These tables categorize the specific time limits prescribed by the Act for various proceedings.

Table 1: Consolidated Limitation Periods (The Schedule)

The following periods are derived from the Schedule (Periods of Limitation). Note that "Time from
which period begins to run" determines the crucial starting point for the limitation period.

Type of Description of Period of Time from Source

Proceeding Suit/Application Limitatio which Article/Rul
n Period e
Begins to
Run

Suits (Part I: For the balance due Three The close of Art. 1
on a mutual, open the year in
Accounts) and current years which the
account where last item
there have been admitted or
reciprocal demands. proved is
entered in
the account.

By a principal Three When the Art. 3

against his agent for years agency
movable property terminates,
received and not or when the
accounted for. account is
demanded
and refused
during the
agency.

For an account and Three The date of Art. 5

a share of the years the
profits of a dissolution.
dissolved
partnership.

Suits (Part II: For money lent Three When the Art. 21
Contracts) under an agreement years loan is made.
payable on
demand.

For money Three When the Art. 22

deposited under an years demand is
agreement payable made.
on demand
(including a bank
customer's money).

By a surety against Three When the Art. 42

the principal years surety pays
debtor. the creditor.

On a policy of Three The date of Art. 44(a)

insurance when years such denial
the claim is denied. (partly or
wholly).

Suits (Part III: To obtain a Three When the Art. 57

Declarations) declaration that an years alleged
alleged adoption adoption
is invalid. becomes
known to the
plaintiff.

To obtain any other Three When the Art. 58

declaration. years right to sue
 first accrues.

Suits (Part V: For possession of Twelve When the Art. 65

Immovable immovable years possession of
Property) property based on the
title. (Relates to defendant
adverse possession) becomes
adverse to
the plaintiff.

For possession of Twelve The date of Art. 64

immovable years dispossessio
property based on n.
previous
possession
(dispossession).

Suits (Part For compensation Three The date of Art. 87

VII: Tort) for trespass upon years the trespass.
immovable
property.

Under the Indian Two years The date of Art. 82

Fatal Accidents the death of
Act, 1855. the person
killed.

Suits (Part IX Any suit by or on Thirty When the Art. 112

& X: behalf of the years period would
Miscellaneou Central or State begin to run
s) Government. against a like
suit by a
private
person.

Residual Suit (Any Three When the Art. 113

suit for which no years right to sue
period is provided first accrues.
elsewhere in the
Schedule).

Appeals (Part Appeal under CPC Ninety The date of Art. 116(a)
II: Appeals) to a High Court days the decree or
from any decree or order.
order.

Appeal under CPC Thirty The date of Art. 116(b)

to any other court days the decree or
from any decree or order.
order.

To the High Court Sixty days The date of Art. 132

for a certificate of the decree,
fitness to appeal order or
to the Supreme
 Court. sentence.

Applications For leave to appear Ten days When the Art. 118
(Part I: and defend a suit summons is
Specified under summary served.
Cases) procedure (O.
XXXVII).

For an order to set Sixty days The date of Art. 121

aside an abatement.
abatement (O.
XXII).

To set aside a Thirty The date of Art. 123

decree passed ex days the decree,
parte (O. IX, R. 13). or where
summons
was not duly
served, when
the applicant
had
knowledge
of the
decree.

For execution of a Twelve When the Art. 136

decree (other than years decree or
periodic order
payment/injunction becomes
). enforceable.

Application for No (Not subject Art. 136

execution of a period of to any period Proviso
decree granting a limitatio of
perpetual n limitation).
injunction.
Table 2: Case Laws for the Limitation Act, 1963

Limitation Act Case Law Key Principle/Interpretation

Topic (Outside Source)

Bar of Limitation Popat and Kotecha Affirmed the mandatory duty of the Court
(S. 3) Property v. State under Section 3 to apply the law of limitation
Bank of India and dismiss a suit or proceeding instituted
(2005 SC) beyond the prescribed period, even if the
defense of limitation has not been specifically
raised by the defendant.

Extension of Collector, Land Interpreted the phrase "sufficient cause"

Period/Sufficient Acquisition, liberally. Held that the provision should be
Cause (S. 5) Anantnag v. Mst. applied in a justice-oriented manner to
Katiji (1987 SC) advance the cause of justice, especially since
the expression "sufficient cause" must receive
a liberal construction so as not to thwart the
hearing of an appeal on merits.

Continuous Narayana Confirmed the strict statutory rule that once

Running of Time Moothath v. The time has commenced to run, no
(S. 9) State of Kerala subsequent disability or inability of the
(1962 SC) plaintiff or applicant to institute a suit or
make an application stops it.

Exclusion for M/s Consolidated Clarified that for time spent in the wrong
Wrong Forum (S. Engineering court to be excluded, the litigation must have
14) Enterprises v. been prosecuted "in good faith" and "with
Principal due diligence." Good faith implies "due care
Secretary, and attention." The mistake must be bona
Irrigation fide, not arising from negligence.
Department (2008
SC)

Fraud and Mistake Pallav Export Co. v. Held that under Section 17, where the action
(S. 17) Union of India is based upon the defendant’s fraud, the
(1983 SC) period of limitation does not begin to run
until the plaintiff (or applicant) has
discovered the fraud or could have
discovered it with reasonable diligence.

Acknowledgment L. R. Sharma v. Ruled that the acknowledgment under

in Writing (S. 18) Gulab Rai (1987 Section 18 must be an admission of the
SC) subsisting liability and must be made before
the expiration of the original limitation
period. The acknowledgment need not
specify the exact amount or promise to pay,
but it must clearly relate to the debt or
property in dispute.

Adverse S. M. Karim v. Bibi Established that possession is not adverse

Possession (S. 27 Sakina (1964 SC) unless it is demonstrated to be "hostile in
& Art. 65) denial of the true owner’s title." The
 possession must be nec vi, nec clam, nec
precario (without force, without secrecy, and
without permission). The party claiming
adverse possession must prove their
intention (animus possidendi) to hold the
property as owner.

No Bar Against Tirumala Tirupati Emphasized that the benefit of Section 10 (no
Trustees (S. 10) Devasthanams v. K. limitation for property vested in trust for a
M. Krishnaiah specific purpose) is a complete bar against
(1998 SC) limitation. It specifically confirmed that the
manager of a religious or charitable
endowment is deemed a trustee for a specific
purpose.