Civil Procedure Code and Law of Limitation

Below are the questions, Followed by answers

SECTION – A (5 X 6 = 30 Marks) Answer any FIVE of the following

  1. Suits by Indigent Person
  2. Decree
  3. Cause of Action
  4. Probate
  5. Essentials of Plaint
  6. Impounding
  7. Legal Disability
  8. Part Payment

SECTION – B (2 X 15 = 30 Marks) Answer any TWO of the following questions

  1. What is a Suit? Explain the different kinds of Parties to a suit and their effect on suit.
  2. Define Pleadings. Explain the contents of Pleadings and the legal provisions relating to the amendment of it.
  3. Briefly explain the provisions relating to Appeal, Reference, Review and Revision under CPC, 1908 with suitable examples.
  4. Explain the Concept, Object and general principles of Limitation with examples.

SECTION – C (2 X 10 = 20 Marks) Answer any TWO of the following questions

  1. A sues B for possession of property as an owner basing his claim on title. The suit is dismissed. A subsequent suit for possession of property on the ground of adverse possession is filed. Is it maintainable?
  2. A, residing in Delhi, publishes in Calcutta statements defamatory to B. The newspaper is circulated in Bombay, Madras and Raipur. Where does the Jurisdiction lie?
  3. A advances loan of Rs.2200/- to B. To bring the suit within the jurisdiction of court X, A sues B for Rs.2000/- only. Can A afterwards sue for Rs.200/-?
  4. A owes the partnership firm of B and C Rs.1000/-. B dies, leaving C surviving. A sues C for Rs.1500/- due in his separate character. Can A succeed? And for what sum.

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Answers

Indigent Persons under Civil Procedure Code?

  1. Definition of Indigent Person (Order 33, Rule 1): An indigent person is someone who cannot afford the court fees required to file a case. The rule mentions that a person with less than ₹1000 in property, excluding non-attachable property as per Section 60 of the CPC, qualifies as an indigent person.
  2. Application for Indigent Suit (Order 33, Rule 2): The application for a suit by an indigent person should be filed in the same format as a plaint under Order 7, Rule 1 of the CPC. This includes details like the name and address of the parties involved.
  3. Examination by Court (Order 33, Rule 4): The court examines the application to determine whether the applicant is genuinely indigent.
  4. Rejection Grounds (Order 33, Rule 5): The court can reject the application on various grounds, such as incorrect application content, lack of a cause of action, or if the applicant is found not to be an indigent person.
  5. Withdrawal of Application: The application can be withdrawn if it’s filed on vexatious grounds or if the applicant’s conduct is improper.
  6. Judgment in Indigent Suits (Order 33, Rule 10 and Rule 11): If the indigent person wins the suit, the court fees and decree amount are recovered by the state. However, if the indigent application fails, the applicant must pay the court fees and decree amount.
  7. Filing Suit in Ordinary Manner: If an indigent application is rejected, the applicant can still file the suit in the ordinary manner.

Decree?

Decree as per the Civil Procedure Code, 1908

A decree is a formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit.

Essentials of a Decree:

  1. Adjudication: It must be an adjudication, which means a judicial determination of the matter in dispute.
  2. Civil Suit: The adjudication must be in a civil suit. A civil suit refers to a case filed or conducted in a civil court.
  3. Rights of Parties: A decree always describes the rights of the parties involved. It specifies the rights granted or denied to the parties.
  4. Conclusive Determination: The rights decided in the decree are conclusively determined, leaving no scope for ambiguity.
  5. Formal Expression: A decree must be in writing. It is a formal document that states the decision of the court.

Example of a Decree: In the context of the Ayodhya Verdict, the final document stating the rights awarded to each party in the case is an example of a decree. It clearly outlines the rights decided by the court without going into the detailed reasoning, which is part of the judgment.

Difference from Judgment and Order:

  • A decree differs from a judgment in that a judgment includes the reasons for the decision, while a decree simply states the decision.
  • Unlike an order, a decree conclusively determines the rights of the parties and is related to the final decision of the suit, whereas an order may not necessarily determine the rights and can be passed at various stages of the suit.

This explanation provides a comprehensive understanding of what a decree is in the context of the Civil Procedure Code, distinguishing it from judgments and orders.

Relevant Sections in the Civil Procedure Code, 1908:

  • The definition of a decree can be found in Section 2(2) of the CPC.
  • Additionally, Order XX of the CPC also provides provisions regarding decrees.

Example for Better Understanding:

An example provided in the video is the Ayodhya Verdict. In this case, the judgment (which is the detailed reasoning and decision of the court) was over a thousand pages long. However, the decree extracted from this judgment was much shorter and only contained the essential information about the rights decided for each party in the case.

Cause of Action?

Cause of Action as per the Civil Procedure Code, 1908

The term “Cause of Action” refers to the set of facts or legal reasons that give a person the right to seek a legal remedy against another. In the context of the Civil Procedure Code, 1908, it is a fundamental concept that determines the court’s jurisdiction and the suit’s maintainability.

  1. Definition: Cause of Action consists of all those facts which are necessary for the plaintiff to prove in court to obtain a judgment against the defendant.
  2. Jurisdiction: It helps in determining the jurisdiction of the court. The suit must be filed in a court that has the jurisdiction to adjudicate the issues arising from the cause of action.
  3. Maintainability: The existence of a cause of action is essential for the maintainability of the suit. Without a valid cause of action, a civil suit cannot proceed.

Relevant Sections in the Civil Procedure Code, 1908:

  • While the CPC does not explicitly define ‘Cause of Action’, its importance is implied in various provisions.
  • Section 20 of the CPC deals with the jurisdiction of courts, which is closely linked to the cause of action. It states that a suit shall be instituted in a court within the local limits of whose jurisdiction the cause of action, wholly or in part, arises.

Example for Better Understanding:

An example of a cause of action could be a breach of contract. If a person enters into a contract and the other party fails to fulfill their obligations under the contract, the aggrieved party has a cause of action against the defaulter. The facts surrounding the breach, such as the terms of the contract and the failure to comply, form the basis of the cause of action.

Probate?

Probate as per the Civil Procedure Code, 1908

Probate is a legal process that occurs after a person’s death, involving the proving of a WILL in court and administering the deceased’s estate.

  1. Definition: Probate is the process of proving to a court that a document is the deceased’s last will and testament. It involves confirming that the deceased was mentally competent and signed the will under their own free will, in the presence of witnesses.
  2. Court Authority: The process includes obtaining court authority to gather the deceased’s assets, pay obligations, and distribute the assets to the beneficiaries named in the will.
  3. Court Variations: Different states may have various names for the court where probate occurs (e.g., Probate Court, Surrogate’s Court, Orphans’ Court).
  4. Notice and Objections: The court requires that notice be given to potential inheritors, providing an opportunity to object to the will on grounds such as forgery, improper witnessing, mental incompetence, or undue influence.
  5. Executor Appointment: Once the will is accepted for probate, the court appoints an executor or personal representative to administer the deceased’s estate.
  6. Guardianship and Asset Protection: If the deceased left minor children, the court typically appoints guardians and sets up procedures to safeguard their assets.
  7. Reporting and Approval: The probate court may require periodic reports from the executor and prior approval for extraordinary transactions to protect the beneficiaries’ interests.

Relevant Sections in the Civil Procedure Code, 1908:

  • The CPC does not directly deal with probate, as it primarily governs civil procedure in India. However, the Indian Succession Act, 1925, particularly Sections 57 and 213, deals with the procedure and requirements for probate in India.

Essentials of Plaint as per the Civil Procedure Code, 1908

A plaint is a written document, filed by the plaintiff in a court, to initiate a lawsuit. The video “what is plaint? what is plaint legal term? essentials of plaint” by Law With Twins provides a detailed explanation of the essentials of a plaint as per Order 7, Rule 1 of the Civil Procedure Code (CPC), 1908.

Key Points from the Video:

  1. Definition: A plaint is a written document prepared by an advocate on behalf of the plaintiff. It is the initial step in a lawsuit, setting forth the reasons for the suit.
  2. Drafting: The plaint is drafted by an advocate with the assistance of the client (plaintiff). It includes detailed information about the case and the relief sought.
  3. Essentials of Plaint (as per Order 7, Rule 1 of CPC):
    • Name of the Court: The plaint must specify the name of the court in which the suit is filed.
    • Name and Description of Plaintiff: It should contain the full name, address, and other relevant details of the plaintiff.
    • Name and Description of Defendant: Similar details of the defendant must be included.
    • Jurisdiction of the Court: The plaint should state the reasons why the court has jurisdiction over the case.
    • Facts Constituting the Cause of Action: It must clearly state the facts and circumstances leading to the lawsuit.
    • Relief Claimed: The plaint should specify the relief or remedy sought by the plaintiff.
    • Verification: At the end, the plaint needs to be verified by the plaintiff, affirming that the contents are true to his/her knowledge.

Relevant Sections in the Civil Procedure Code, 1908:

  • The essentials of a plaint are outlined in Order 7, Rule 1 of the CPC.

Example for Better Understanding:

Consider a case where a person’s property is unlawfully occupied by another. The plaintiff, with the help of an advocate, drafts a plaint detailing the unlawful occupation, the property details, the harm caused, and the relief sought (e.g., eviction of the occupant and compensation). The plaint is then filed in the appropriate court to initiate legal proceedings.