Enforcement of Foreign Judgment in India

A foreign judgment is a judgment that is adjudicated by a court not situated in the territory of India.

The judgment of a foreign court is equally enforceable like that of a judgment delivered by Indian courts. The foreign judgment binds the party in the same manner Indian court judgment does.KEEP READING

Amendment of Pleadings in Civil Procedure Code

At any stage of proceedings, the court may allow the plaintiff or defendant to amend his pleadings. The amendment to pleadings shall be made necessary if it determines the real questions in controversy among parties.

The amendments made under Order VI, Rule 17, are voluntary amendments for ratifying one’s own error or default.KEEP READING

Order II Rule 2, Frame of Suit

Order II of the Civil Procedure Code deals with the framing of suit. It lays down the rules as to how a suit should be framed.

While drafting a plaint, the plaintiff must draft his plaint in such a way that includes all the important assertions and the claims that the plaintiff wishes to put before the court.KEEP READING

Meaning of Res Judicata in CPC

Res Judicata is the Latin term for ‘a matter judged.’ It means ‘a thing decided.’ Section 11 of the Civil Procedure Code, 1908, talks about Res Judicata.

Res Judicata applies in a case where there has been a final judgment, and it is no longer subject to appeal. Res Judicata can also be used to bar (stop, block) continued litigation of a case on the same issues between the same parties.KEEP READING

What is Suit of Civil Nature

In the suit, if the principal question relates to the determination of a civil right, then the suit is of a civil nature.

The expression suit of civil nature covers private rights and obligation of a citizen. If the principal question relates to caste or religion, then it is not a suit of civil nature.KEEP READING

Difference and Similarity Between Res Sub Judice and Res Judicata

(1) In the case of Res Sub Judice, there must be two suits, one of which should be previously instituted.

In Res Judicata the motive is that ‘there must be an end to litigation.ʼ Thus, there is a bar on trial that has already been adjudicated. In simpler terms, a matter that has previously been decided is not put to trial again. This saves the precious time of our already overburdened and resource-less courts.KEEP READING

CPC PRELIMINARY

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; it is hereby enacted as follows- PRELIMINARY – SECTION 1 to 8KEEP READING

EXECUTION

EXECUTION – PART II – Section 36 to 74 – CIVIL PROCEDURE CODE (CPC) General Section 36. Application to orders. The provisions of this Code relating to the execution of decree (including provisions relating to payment under a decree) shall, so far as they are applicable, be deemed to applyKEEP READING