11. Rejection of plaint.

The plaint shall be rejected in the following cases:

(a) where it does not disclose a cause of action;
(b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;
(c) where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;
(d) where the suit appears from the statement in the plaint to be barred by any law;
(e) where it is not filed in duplicate;
(f) where the plaintiff fails to comply with the provisions of rule 9:

Provided that the time fixed by the Court for the correction of the valuation or supplying of the requisite stamp-paper shall not be extended unless the Court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or supplying the requisite stamp-paper, as the case may be, within the time fixed by the Court and that refusal to extend such time would cause grave injustice to the plaintiff.

Order 7, Rule 11 CPC
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WritingLaw

The word written statement is not exactly defined under the Code of Civil Procedure, 1908. However, written statement can be defined as the pleadings of defendants where the defendant deals with the fact alleged in the plaint (pleadings of plaintiff). In a written statement, the defendant also pleads with new facts and, sets up the counter claim and set off.

Who May File Written Statement

According to Order 8 Rule 1 of the CPC, the written statement must be filed by the defendant or his duly authorised agent. If there are several defendants, all of them can file a common written statement. In such a case, all of them must sign and verify it.

Further, according to Order 8 Rule 1A, it is the duty of the defendant to produce documents upon which he claims relief or relies upon.

Time Limit for Filing Written Statement

According to Order 8 Rule 1 of CPC, the defendant must file the written statement within 30 days from the date of service of summons to the defendant.

The Amendment Act of 2002 inserted a proviso to Order 8 Rule 1 stating that if the defendant fails to file a written statement within 30 days from the date of service of summons, he can be allowed to file it within 90 days from the date of service of summons.

Thus, the maximum limit for filing the written statement is 90 days from the date of service of summons.

Kailash vs Nankhu, AIR 2005 SC 2441: In this case, the court held that the outer time limit, i.e., 90 days for filing a written statement, is not mandatory but a discretionary power of the court.

Whether a Period Beyond 90 Days Can Be Extended

In a landmark case of Salem Bar Association vs Union of India (2005) 6 SCC 344, the Supreme Court held that the court could extend the timing for filing written statements beyond 90 days. Still, it should be exercised in exceptional circumstances only. The court further said it should make harmonious construction between Order 8 Rule 1, Order 8 Rule 9, and Order 8 Rule 10.

Rules Regarding Written Statement

The rules governing the written statement submitted by the defendant are provided under Order 8 Rules 3 to 5.

Order 8 Rule 3: Denial to be specific. It provides that the denial by the defendants must be specific. It is not sufficient for the defendant to generally deny the ground alleged by the plaintiff, but he must deal with each allegation of fact that he does not admit except damages.

Order 8 Rule 4: No evasive denial. It provides that the denials submitted by the defendant should not be vague or evasive. This means that the defendants should not deny the allegations evasively but answer the point in substance.

Order 8 Rule 5: Specific denial. It provides that every allegation in the plaint, if not specifically denied, shall be taken to be admitted except as against a person under disability. It is also called the theory of deemed admission, which means that if an allegation is not specifically denied, it is deemed to be admitted by the party.

When the defendant has not filed the written statement, the court is free to pronounce judgment based on facts contained in the plaint except as against a person under disability.

Badat & Co. vs East India Trading Co. (1963): In this case, the Supreme Court held that if all Rules 3, 4, and 5 of Order 8 are read together, then every allegation in the complaint should be answered. A written statement should answer the point in substance. If the denial is evasive, the fact shall be taken to be admitted.

Conclusion

Order 8 of the Code of Civil Procedure, 1908, states every essential that a defendant must fulfil to defend himself easily. The statements answered in the form of written statements are the pleadings made by the defendant.

In Balraj Taneja vs Sunil Madan (1999) 8 SCC 396, the Supreme Court held:

1. The courts should act cautiously on the admission made in a written statement.
2. The courts should not proceed to pass judgment merely because a written statement has not been filed.
3. The courts should see that even if the facts set out in the plaint are admitted, a judgment could be passed in favour of the plaintiff without requiring him to prove any fact mentioned in the plaint.
4. If the court is satisfied that no fact needs to be proved on account of deemed admission, the court can pass judgment where the written statement has not been filed.
5. If the plaint contains certain disputed questions of facts that depict two different versions, the court should require the plaintiff to prove the case. Such a situation would be covered under ‘court may in its discretion require any such fact to be proved’ used in Order 8 Rule 5(2) or ‘make such order in relation to suit as it thinks fit’ used in Order 8 Rule 10.

Who May File Written Statement (With Its Time Limit and Rules)
Ankita Soni

Res Nullius, is a legal maxim that means things belonging to no one. It is said that a property can never be left in the state of Res Nullius, which means that the property must belong to somebody at some point in time but never be left without an owner.

Still, there are a few situations when the property can be put in a Res Nullius state. One such situation is when a person dies while leaving a property, and if there arises any suit concerning such property, the question arises: who will represent that property?

Therefore, a legal representative is a person who, by law, represents the property of a deceased person.

Let us now understand more about legal representatives.

Legal Representative Under CPC

Section 2(11) of the Code of Civil Procedure, 1908 defines legal representative. It simply states that a legal representative is a person who, in law, represents the estate of the deceased person.

Further, as per section 2(11) of CPC, legal representative also includes any person who interferes (intermeddle) with the estate of the deceased, and when someone represents a party in litigation or is sued on their behalf, the person whose estate is left after the party’s death.

Must Read: What Is Estate Planning and Its Importance?

Examples of Legal Representatives

Some examples of legal representatives are:

• Hindu coparceners
• Executors
• Administrators
• Residuary legates
• Reversioners

Examples who are not Legal Representatives

Here are some examples of persons who are not legal representatives:

• Trespassers
• Official assignee
• Creditors
• Succeeding trustee
• Receiver

Extent of Liability of Legal Representative

Section 50 of the Civil Procedure Code provides the extent of liability of legal representatives. According to section 50(2), the legal representative shall be liable only to the extent of the property of the deceased that has come to his hands.

Enforcement of Decree Against Legal Representative

Section 52 of the Civil Procedure Code provides for the enforcement of a decree against the legal representative of a deceased person. It provides that if a decree is made against a party acting as the deceased person’s legal representative and if such decree is for the payment of money out of the deceased person’s property, it can be carried out by attaching and selling the property.

Case Law Relating to Legal Representative

Custodian of Branches of Banco National Ultramarino vs Nalini Bai Naique, AIR 1989 SC 1589: The Supreme Court, in this case, held the definition of legal representative. The court held that the definition of legal representative is inclusive and is not confined to legal heirs only. The scope of the definition is broad and it includes heirs (successors) as well as persons who represent the estate of the deceased.

Who Is a Legal Representative?
Ankita Soni

Within the intricate framework of civil litigation in India lies a critical juncture where the pursuit of justice takes on a distinct form – the realm of second appeals under the Code of Civil Procedure (CPC). Here, the battle for truth and fairness enters a new phase that calls for a meticulous reevaluation of legal strategies and an unwavering commitment to the quest for justice.

This article tells you about second appeals, uncovering the nuances, significance, and procedures that define this crucial stage in the Indian legal system.

What Is Second Appeal

A second appeal is a legal remedy available to parties dissatisfied with lower courts’ decisions in civil cases. It allows them to appeal to a higher court, usually the High Court, to review and reconsider the judgments or decrees passed by the lower courts.

Second appeal is primarily governed by section 100 of the CPC. This section outlines the conditions under which a second appeal can be filed. According to section 100 of the Civil Procedure Code:

• A second appeal can be filed only if the case involves a substantial question of law. This means the appeal cannot be filed solely on questions of fact; it must pertain to a significant legal issue.
• The High Court must be satisfied that the case involves a substantial question of law, and the lower court’s decision needs to be examined on this ground.
• The party filing the second appeal must formulate the substantial question of law precisely in the memorandum of appeal.
• The High Court can dismiss the second appeal if it is not satisfied that a substantial question of law is involved, or it can hear the appeal if such a question exists.

In essence, a second appeal is not an opportunity to reevaluate facts or evidence but is focused on legal issues and questions of law arising from the lower court’s decision. This provision ensures that only cases with genuine legal disputes are escalated to higher courts, streamlining the judicial process.

The Procedure for the Second Appeal

The procedure for filing and pursuing a second appeal under the Civil Procedure Code involves several steps. Here’s an overview of the process.

Grounds for Second Appeal

Second appeal is allowed only on substantial questions of law. This means that a party must demonstrate that there is a significant legal issue or question that needs clarification or adjudication.

Review by Lower Appellate Court

Before filing a second appeal, the appellant (the party filing the appeal) should have exhausted all available remedies in lower courts, including the trial and the first appellate courts (usually the district or sessions court).

Preparation of Memorandum of Appeal

The appellant, through their lawyer, prepares a Memorandum of Appeal. This document outlines the grounds for the second appeal, along with a statement of facts and legal arguments. It should specify the substantial question(s) of law involved.

Filing of Second Appeal

The Memorandum of Appeal is filed in the High Court, having jurisdiction over the matter. The appeal is usually filed through an advocate-on-record (a lawyer registered to practice in the High Court).

Admission of Second Appeal

The High Court may decide whether to admit the second appeal. It will consider whether the case raises substantial questions of law and if it merits further examination. If the High Court is satisfied, it will admit the appeal for hearing.

Notice to Respondent

Notice is issued to the respondent (the opposing party) to respond to the appeal. The respondent can present their side of the case and contest the grounds of appeal.

Hearing and Arguments

The High Court conducts hearings where both parties present their arguments and evidence. The appellant argues the substantial question(s) of law, and the respondent counters these arguments.

Judgment

After considering all arguments and evidence, the High Court delivers its judgment. It may dismiss the appeal, allow it, or modify the lower court’s decision.

Further Appeals

Suppose either party is dissatisfied with the High Court’s judgment in the second appeal. In that case, they can file an appeal in the Supreme Court of India, subject to the Supreme Court’s discretion and certain criteria.

Significance of Second Appeal

The second appeal under the Civil Procedure Code holds significant importance in the Indian legal system for several reasons. Five important reasons are:

1. Legal Interpretation and Clarity

Second appeal primarily deals with substantial questions of law. When a case involves complex or ambiguous legal issues, the High Court’s decision in a second appeal provides legal interpretation and clarity. This interpretation can set a precedent for similar cases in the future, guiding lower courts and legal practitioners.

2. Ensuring Fairness

It acts as a check on lower courts’ decisions. If a party believes a lower court has made a legal error, they can seek redress through a second appeal. This ensures fairness and upholds the principle of justice, allowing parties to rectify legal injustices.

3. Higher Judicial Scrutiny

Second appeal reaches the High Court, which is generally regarded as a higher forum with more experienced judges. This higher level of scrutiny can lead to more comprehensive and well-reasoned decisions, reducing the chances of legal errors.

4. Reducing Judicial Backlog

By focusing on substantial questions of law, second appeals help streamline the legal process. Cases that don’t involve significant legal issues are resolved at lower levels, reducing the burden on the High Court and the Supreme Court.

5. Protection of Rights

The availability of second appeals ensures that individual’s and entities’ Fundamental Rights and legal rights are protected. It acts as a safeguard against potential miscarriages of justice.

Conclusion

The concept of a second appeal under the Civil Procedure Code is vital in the Indian legal system. It embodies the principles of justice, fairness, and due process, allowing parties to seek a review of erroneous judgments that have a substantial impact on their rights and interests. Second appeals safeguard against miscarriages of justice, ensuring that the decisions made at the lower appellate levels are by the law and established precedents.

Significance of Second Appeal Under Civil Procedure Code
Suhani Dhariwal

The word plaint is not exactly defined under the Code of Civil Procedure, 1908. But it can be defined as claims made by the plaintiff through an official legal document that is presented in the court.

In other words, plaint can be defined as a statement of claim by presentation of which the suit is instituted.

Particulars of Plaint

The particulars of the plaint as provided under Order 7 Rule 1 of the CPC are:

1. Name of the court in which the suit is brought.
2. The name, description and place of residence of the plaintiff.
3. The name, description and place of residence of the defendant.
4. If the plaintiff or defendant is a minor or a person of unsound mind, a description of such minority or unsoundness.
5. The facts constituting the cause of action and when it arose.
6. Facts showing that the court has jurisdiction.
7. Statement of the value of the subject matter of the suit for jurisdiction and court fees.
8. The relief claimed by the plaintiff, simply or in alternative.
9. If the plaintiff has relinquished or set off a portion of his claim, the amount so relinquished or allowed must be stated.
10. If the suit is for the recovery of money, the precise amount is claimed.
11. If the subject matter is an immovable property, a description of the property is sufficient to identify it.

Procedure for Admitting Plaint

According to Order 7 Rule 9 of the CPC, as soon as the plaint is admitted by the court, it is the duty of the plaintiff to supply copies of the plaint to all the defendants, if there is more than one defendant, it should be done within seven days from the date of the court order.

Return of Plaint and Its Effect

Return of plaint simply means the returning of plaint from the court to the plaintiff. Order 7 Rule 10 of the CPC is invoked when the court finds that there is no jurisdiction or subject matter to entertain the suit. At any stage of the suit, the court can return the plaint to be presented to the other court, which means to the proper court to which the jurisdiction actually lies.

The power to return of plaint can be exercised by revisional as well as appellate courts after setting aside the decree.

Before returning the plaint, the court must intimate its decision to the plaintiff. The plaintiff can, thereafter, file an application before the court to specify the proper court to present the plaint and to fix a date of appearance of the parties in such court. If such an application of the plaintiff is allowed, he cannot file an appeal against the order returning the plaint.

The court may accept the plaintiff’s application and fix a date for appearance before a proper court and issue notice to the plaintiff and defendant of such date for appearance.

The judge returning the plaint should make an endorsement regarding:

1. The date of return,
2. Name of the party presenting it,
3. Reasons for returning the plaint.

In ONGC vs Modern Construction Company (2014) 1 SCC 648, the Supreme Court held that where a plaint is filed in a proper court after getting returned from a wrong court, it cannot be said to be in continuation of the suit. The suit must be deemed to commence when the paint is filed in the proper court.

Rejection of Plaint and Its Effect

Order 7 Rule 11 of the CPC deals with the rejection of plaint. It simply means to reject the plaint on the grounds provided under the Code of Civil Procedure.

According to Order 7 Rule 11, at any stage of the suit, if the court finds any of the following grounds, the court must reject the plaint:

• Non-disclosure of cause of action
• Relief claimed is undervalued
• Plaint is insufficiently stamped
• Plaint is barred by any law
• Plaint is not filed in duplicate
• Non-compliance of Order 11 Rule 9

It is mandatory for the court to record the reasons for rejecting the plaint.

Note: “At any stage of the suit” means before registering the plaint, after issuing summons, or at any time before the conclusion of the trial.

In Madhav Prasad Agrawal vs Axis Bank (2019), 7 SCC 158, the court held that the plaint can either be rejected as whole or in part.

The rejection of the plaint is considered a deemed decree under section 2(2) of the CPC. However, the rejection of the plaint does not prevent the plaintiff from presenting a fresh plaint.

Conclusion

A plaint is simply a statement of claim made by the plaintiff in a court of law. It is essential that the plaint be submitted in a proper format with proper particulars, as discussed under Order 7 Rule 1. Further, it is also important that it is presented in a court having competent jurisdiction; otherwise, it might be returned or rejected.

What Is Plaint Under the Civil Procedure Code, 1908?
Ankita Soni

In this law note, we will discuss the important concept of the ‘Doctrine of Res Sub Judice’ or ‘Stay of Suits’ under the Civil Procedure Code of 1908.

Stay of Suit or Res Sub Judice Under CPC, 1908

The word res means subject matter, and sub judice means pending in court. Therefore, res subjudice means the subject matter is pending before the court.

Section 10 of the Code of Civil Procedure (CPC) deals with the ‘Doctrine of Res Sub Judice.’ It provides that no court can proceed with the trial of any suit in which the matter is directly and substantially in issue in a previously instituted suit between the same parties or their representatives, and the court in the previously instituted suit is capable of granting the relief claimed.

Object of Res Sub Judice

The object of section 10 of CPC is to prevent a court of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two or more parallel litigation upon the same cause of action, same subject matter and same relief made. It is intended to prevent multiplicity of proceedings and avoid conflict of decisions.

Essentials of Res Sub Judice

These are the essential aspects of Res Sub Judice:

1. There must be two suits, one previously instituted and the other subsequently instituted.
2. That the matter in both suits must be same and directly and substantially in issue.
3. Both the suits must be between the same parties or their representative.
4. The parties must be litigating under the same title in both suits.
5. The court in which the previous suit is pending must have jurisdiction to grant the relief.
6. The previous suit must be pending in any of the following courts:

• • (a) Same court,
  • (b) Other District or High Court in India,
  • (c) Any other court beyond the limit of India but established by Central Government,
  • (d) Supreme Court.

Once the court observes that all the above conditions have been fulfilled, the court must not proceed further with the trial and must put a stay on it. Note: A previously instituted suit is a suit instituted first at a point in time.

Effect of Contravening Section 10 of CPC

The provision of section 10 is mandatory for the court to follow. Even in the rarest cases, if the rule of Subjudice is not followed, and a judgment is made by the court, the decree shall not be treated as void. It cannot be disregarded at the stage of its execution.

Exceptions to Res Sub Judice

Res Sub Judice has three exceptions, those are:

1. Suit pending in Foreign Court
2. Interim Orders
3. Summary Suits

Let us discuss them one by one.

1. Suit pending in Foreign Court: Section 10 provides an exception to the general rule of stay of the suit, which states that the pendency of a suit in a foreign court does not prevent courts in India from trying the suit on the same cause of action.

2. Interim Orders: In the case of Indian Bank vs Maharashtra State Corporation Federation (1998) 5 SCC 69, section 10 does not bar the institution of the suit, but it bars the trial of the suit. Since this rule applies to the trial of the suit and not the institution, it does not preclude the courts from passing interim orders such as grand injunctions, appointment of receivers, etc.

3. Summary Suit: The Supreme Court held that section 10 applies to regular suits and not summary suits under Order 37 of the CPC in Indian Bank vs Maharashtra State Corporation Federation (1998) 5 SCC 69.

Case Laws Relating to Res Sub Judice

Indian Bank vs Maharashtra State Corporation Federation (1998) 5 SCC 69: Since the rule under section 10 of the Civil Procedure Code applies to the trial of the suit and not the institution, it does not preclude the courts from passing interim orders such as grants of injunction, appointments of receivers, etc.

Pukhraj D Jain vs G Gopalakrishna, AIR 2004 SC 3504: In this case, the court held that the object of section 10 is to prevent the jurisdiction from simultaneously trying two parallel suits regarding the same matter in issue. The decree passed contravening this section is not null as it enacts a mere rule of procedure.

Conclusion

The concept of Res Sub Judice plays a vital role in preventing the multiplicity of suits and avoiding conflict of decisions. It allows the court to use its power to bar the trial of the suit already pending in the court.

Related Law Notes:
1. What Is the Meaning of Res Judicata in Civil Procedure Code?
2. Difference and Similarity Between Res Sub Judice and Res Judicata in CPC

What Is Stay of Suit or Res Sub Judice Under CPC?
Ankita Soni

Reference means to refer an issue to someone to obtain an opinion on it. Review means to look after a thing again. Revision means to revise the matter. Let us look at all these three topics of the Civil Procedure Code, 1908, in detail now.

What Is Reference in CPC

Reference means to refer an issue to someone to obtain an opinion on it. A matter is generally referred to when its question can’t be decided by the court doing a trial of it.

1. Reference is mentioned under section 113 and order 46 of the Civil Procedure Code.

2. It empowers a subordinate court to refer the matter to the High Court for its opinion on a matter.

3. The power of referring a case lies only with the subordinate court. It may or may not refer a case. It is at its discretion.

4. The case to be referred to the High Court must be regarding the validity of the Act.

5. The question referred by the subordinate court to the High Court must be essential for the disposal of the case.

6. Court may itself refer a case to the High Court, that is suo motu or on the application of either of the parties.

7. The High Court is required to give its opinion on the matter concerned, along with the reasons.

8. Reference to the High Court must be made through a judicial order and not a letter to the High Court.

9. The matter can be referred only in a suit, appeal, or execution and not in any other proceedings.

10. The reference can be made only when the subordinate court has a doubt on a question of law and not otherwise.

What Is Review in CPC

Review means to look after a thing again. It means to re-examine again.

1. Review is mentioned under section 114 and order 47 of the Civil Procedure Code.

2. The court which has tried the case and adjudicated the matter has the authority to review the case again.

3. A review lies from a decree or order for which no appeal lies or such decree or order, which is appealable, but no appeal has been preferred.

4. The application for review is submitted to the court, which has decided that case. If the judge is transferred to another court, then the application may be given to the successor judge.

5. If the court during the trial has left or not entertained any substantial issue which is relevant for the proper disposal of the case, then the case can be reviewed.

6. There is no provision for reviewing the order given by a judge in the proceedings of review.

7. The court must review its judgment if the error appears on the face of the record. And if that error is not rectified, it will cause a miscarriage of justice.

8. Court cannot review its judgment suo motu. The court reviews a case only on the application of the party.

9. What is an error on the face of the record can’t be illustrated or elaborated. It has to be understood from fact to fact and case to case.

10. If the judgment given by the subordinate court is inconsistent with the judgment laid down by the Supreme Court, then the court reviews its judgment.

Grounds to Review Judgment

1. If, in a case, there is the discovery of a new or important matter or evidence, then the court can review its judgment.

2. If there is a mistake or any mathematical or clerical error on the face of the record, the court can review it.

3. If there is any other reasonable or sufficient reason for which the court is satisfied to review its judgment.

What Is Revision in CPC

Revision means to revise the matter and pick out if something has been done wrongly or in the wrong manner.

1. The High Court does revision under section 115 of the Civil Procedure Code.

2. The purpose of revision by the High Court is to rectify the mistakes made by the subordinate courts during the trial of a case.

3. The High Court is empowered to do revision only in a civil case, but in criminal matters, the sessions court is also empowered along with the High Court for revision.

4. The purpose of revision is to serve the parties with the ends of justice and not to defeat their rights.

5. The High Court, while doing revision, can’t appreciate any additional or new evidence. That shall not be acceptable.

6. If any issue has been left over in trial, then such an issue can’t be brought at the time of revision.

Grounds for Revision

1. The subordinate court has tried and decided such a case of which it has no jurisdiction to try it.

2. When the subordinate court had jurisdiction to try the matter, but it did not exercise its jurisdiction.

3. If the court, during trial and hearing, left or avoided any evidence that was crucial for the impartial conclusion of the case.

4. If the subordinate court violated the principles of natural justice, that is Audi Alteram Partem and Nemo judex in causa sua.

Difference Between Reference and Review

In reference, it is the subordinate court that refers the matter to the High Court. Only the High Court can decide the matter on reference. But in review, the aggrieved party makes an application to the court which delivered judgment or passed the decree.

Difference Between Review and Appeal

Review means to look again or re-examine the judgment delivered by a judge. It is done in the same court. Whereas, an appeal lies to a higher court, before another judge. There can also be a second appeal in a matter. But a matter for review can’t be reviewed for the second time. There can be numerous grounds for appeal, but for review, there are countable reasons like error, substantial issues, etc.

You may also like to read:
1. Read Sections 113 to 115 of CPC
2. What is Reference under CrPC
3. What is Revision under CrPC

Reference, Review, and Revision in Civil Procedure Code
WritingLaw

An order passed during the proceedings of the case and which is of urgent requirement is known as an interlocutory order. Whenever it appears to the court to be just (morally right and fair) and convenient, it may pass an interlocutory order before finally disposing of the case.

The ultimate aim of passing an interlocutory order is to assist the parties to the suit and to protect the subject matter from getting destroyed or lost.

Interim Orders

Interim orders are the orders which a court passes during the pendency of a suit or proceeding. Such orders do not determine the substantive rights and liabilities of the parties with regard to the subject matter of the suit or proceeding.

In the Code of Civil Procedure of 1908, such interim orders may be summarised as follows:

1. Payment in court under Order 24
2. Security for costs under Order 25
3. Commissions under Order 26
4. Arrest before judgement under Order 38
5. Attachment before judgement under Order 38
6. Temporary injunctions under Order 39
7. Interlocutory orders under Order 39
8. Appointment of receiver under Order 40

In this law post, you will read about interlocutory orders provided under Order 39 from Rule 6 to Rule 10 of the Civil Procedure Code (CPC).

Interlocutory Order or Interim Order

The word “interlocutory” means not final or definitive or that which only settles some intervening matter relating to the cause.

In simple terms, a decree or judgement given provisionally (which may or may not be related to the actual issue which is raised and is to be decided primarily) during the course of a legal action is an interlocutory order. Thus, whenever a court is satisfied that there is an urgent need to decide a matter, the court can make an interlocutory order.

Order 39 Rule 6 of the Code of Civil Procedure deals with the court’s power to order interim sale. It states that the court can order for the sale of such movable property which is subject to speedy and natural decay (perishable goods) on the application of parties or for any other justified reasons.

Interlocutory Order in Specific Subject-Matter

Under Rule 7 of Order 39, a court can also order for detention, preservation, or inspection of any property which is the subject matter of such a suit or as to which any question may arise. For this purpose, the court can:

1. Allow any person to enter any land or building,
2. Authorises any sample or to observe or to try experiments to obtain full information.

Prior Notice Before Passing Interlocutory Order

The court must give notice to the opposite party before making any interlocutory order. If a delay occurs in imparting justice to the party by serving a prior notice, then the interlocutory order can still be passed without serving the notice.

The court can also make the interlocutory order in the following matters:

1. Where the subject matter of a suit is money, or
2. Some other thing capable of delivery, and a party to a suit admits that he holds such money or thing as a trustee for another party.

In the above two cases, the court can make the interlocutory order and order to deposit the money or the thing (capable of delivery) into the custody of the court.

Read Next: 13 Types of Court Orders Under CPC

What Is an Interlocutory Order Under Civil Procedure Code?
Ankita Soni

Civil Procedure Code of 1908 is a procedural law that is related to the administration of civil proceedings in India. This is an important subject that is a part of all law exams. To help you prepare better, here is a list of the most important sections, Orders & Rules of the Civil Procedure Code. These are from an exam’s point of view.

Important Sections of the Civil Procedure Code

The sections of CPC provide provisions that are related to general principles of jurisdiction.

Section 2. Definitions.
Section 6. Pecuniary jurisdiction.
Section 9. Courts to try all civil suits unless barred.
Section 10. Stay of suit.
Section 11. Res-judicata.
Section 12. Bar to further suit.

Section 13. When foreign judgment not conclusive.
Section 14. Presumption as to foreign judgments.
Section 15. Court in which suits to be instituted.
Section 16. Suits to be instituted where subject-matter situate.
Section 17. Suits for immovable property situate within jurisdiction of different Courts.
Section 18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain.
Section 19. Suits for compensation for wrongs to person or movable.
Section 20. Other suits to be instituted where defendants reside or cause of action arises.
Section 21. Objections to jurisdiction.
Section 21A. Bar on suit to set aside decree on objection as to place of suing.
Section 22. Power to transfer suits which may be instituted in more than one Court.
Section 23. To what Court application lies.
Section 24. General power of transfer and withdrawal.
Section 25. Power of Supreme Court to transfer suits, etc.

Section 26. Institution of suits.
Section 27. Summons to defendants.
Section 28. Service of summons where defendant resides in another State.
Section 29. Service of foreign summonses.
Section 30. Power to order discovery and the like.
Section 31. Summons to witness.
Section 32. Penalty for default.
Section 33. Judgment and decree.
Section 34. Interest.
Section 35. Costs.

Section 39. Transfer of decree.
Section 46. Precepts.
Section 52. Enforcement of decree against legal representative.
Section 55. Arrest and detention.
Section 56. Prohibition of arrest or detention of women in execution of decree for money.
Section 60. Property liable to attachment and sale in execution of decree.

Section 77. Letter of request.
Section 78. Commissions issued by foreign Courts.
Section 79. Suits by or against Government.
Section 80. Notice.
Section 82. Execution of decree.
Section 89. Arbitration.

Section 91. Public nuisances and other wrongful acts affecting the public.
Section 92. Public charities.
Section 96 to Section 112 – Appeals.
Section 113 to Section 115 – Reference, Review and Revision.

Section 144. Application for restitution.
Section 148. Enlargement of time.
Section 148A. Right to lodge a caveat.
Section 151. Saving of inherent powers of Court.
Section 152. Amendment of judgments, decrees or orders.
Section 153. General power to amend.

Important Orders and Rules of Civil Procedure Code

The Orders and Rules of Civil Procedure Code prescribe procedures and methods that govern civil proceedings in the country.

Order 1 – PARTIES TO SUITS

Rule 1. Who may be joined as plaintiffs.
Rule 3. Who may be joined as defendants.
Rule 9. Mis-joinder and non-joinder.
Rule 10. Suit in name of wrong plaintiff.
Rule 13. Objections as to non-joinder or mis-joinder.

Order 2 – FRAME OF SUIT

Rule 1. Frame of suit.
Rule 3. Joinder of causes of action.
Rule 7. Objections as to mis-joinder.

Order 4 – INSTITUTION OF SUITS

Rule 1. Suit to be commenced by plaint.
Rule 2. Register of suits.

Order 5 – ISSUE AND SERVICE OF SUMMONS

Rule 1. Summons.
Rule 3. Court may order defendant or plaintiff to appear in person.
Rule 9. Delivery or transmission of summons for service.
Rule 9A. Summons given to the plaintiff for service.
Rule 15. Where service may be on an adult member of defendant’s family.
Rule 17. Procedure when defendant refuses to accept service, or cannot be found.
Rule 20. Substituted service.
Rule 24. Service on defendant in prison.
Rule 28. Service on soldiers, sailors or airmen.
Rule 30. Substitution of letter for summons.

Order 6 – PLEADINGS GENERALLY

Rule 1. Pleading.
Rule 2. Pleading to state material facts and not evidence.
Rule 3. Forms of pleading.
Rule 16. Striking out pleadings.
Rule 17. Amendment of pleadings.
Rule 18. Failure to amend after order.

Order 7 – PLAINT

Rule 1. Particulars to be contained in plaint.
Rule 4. When plaintiff sues as representative.
Rule 10. Return of plaint.
Rule 11. Rejection of plaint.
Rule 14. Production of document on which plaintiff sues.

Order 8 – WRITTEN STATEMENT, SET-OF AND COUNTER-CLAIM

Rule 1. Written statement.
Rule 1A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him.
Rule 6. Particulars of set-off to be given in written statement.
Rule 6A. Counter-claim by defendant.
Rule 6B. Counter-claim to be stated.

Order 9- APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE

Rule 1. Parties to appear on day fixed in summons for defendant to appear and answer.
Rule 3. Where neither party appears, suit to be dismissed.
Rule 5. Dismissal of suit where plaintiff after summons returned unserved, fails for one month to apply for fresh summons.
Rule 6. Procedure when only plaintiff appears.
Rule 8. Procedure where defendant only appears.
Rule 13. Setting aside decree ex-parte against defendant.
Rule 14. No decree to be set aside without notice to opposite party.

Order 10- EXAMINATION OF PARTIES BY THE COURT

Rule 1. Ascertainment whether allegations in pleadings are admitted or denied.
Rule 1A. Direction of the court to opt for any one mode of alternative dispute resolution.
Rule 3. Substance of examination to be written.

Order 14- SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON

Rule 1. Framing of issues.
Rule 3. Materials from which issues may be framed.
Rule 5. Power to amend and strike out issues.

Order 15- DISPOSAL OF THE SUIT AT THE FIRST HEARING

Rule 1. Parties not at issue.
Rule 2. One of several defendants not at issue.
Rule 3. Parties at issue.
Rule 4. Failure to produce evidence.

Order 16- SUMMONING AND ATTENDANCE OF WITNESSES

Rule 6. Summons to produce document.
Rule 10. Procedure whose witness fails to comply with summons.
Rule 12. Procedure if witness fails to appear.

Order 17- ADJOURNMENTS

Rule 1. Court may grant time and adjourn hearing.
Rule 2. Procedure if parties fail to appear on day fixed.
Rule 3. Court may proceed notwithstanding either party fails to produce evidence, etc.

Order 20- JUDGMENT AND DECREE

Rule 1. Judgment when pronounced.
Rule 6. Contents of decree.
Rule 6A. Last paragraph of judgment to indicate in precise terms the reliefs granted.
Rule 12. Decree for possession and mesne profits.

Order 20A- COSTS

Rule 1. Provisions relating to certain items.
Rule 2. Costs to be awarded in accordance with the rules made by High Court.

Order 21- EXECUTION OF DECREES AND ORDERS

Rule 3. Lands situate in more than one jurisdiction.
Rule 6. Procedure where Court desires that its own decree shall be executed by another Court.
Rule 9. Execution of High Court of decree transferred by other Court.
Rule 11. Oral application.
Rule 18. Execution in case of cross-decrees.
Rule 19. Execution in case of cross-claims under same decree.
Rule 24. Process for execution.
Rule 26. When Court may stay execution.
Rule 42. Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined.
Rule 58. Adjudication of claims to, or objections to attachment of, property.

Order 26- COMMISSIONS

Rule 1. Cases in which Court may issue commission to examine witness.
Rule 9. Commissions to make local investigations.
Rule 10. Procedure of Commissioner.
Rule 10A. Commission for scientific investigation.
Rule 10B. Commission for performance of a ministerial act.
Rule 10C. Commission for the sale of movable property.
Rule 11. Commission to examine or adjust accounts.
Rule 13. Commission to make partition of immovable property.
Rule 16. Powers of Commissioners.
Rule 19. Cases in which High Court may issue commission to examine witness.

Order 32- SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND

Rule 1. Minor to sue by next friend.
Rule 2A. Security to be furnished by next friend when so ordered.
Rule 4. Who may act as next friend or be appointed guardian for the suit.

Order 33- SUITS BY INDIGENT PERSONS

Rule 1. Suits may be instituted by indigent person.
Rule 3. Presentation of application.
Rule 4. Examination of applicant.
Rule 5. Rejection of application.
Rule 9. Withdrawal of permission to sue as an indigent person.

Order 35- INTERPLEADER

Rule 1. Plaint in interpleader-suit.
Rule 5. Agents and tenants may not institute interpleader suits.

Order 38- ARREST AND ATTACHMENT BEFORE JUDGEMENT

Rule 7. Mode of making attachment.
Rule 9. Removal of attachment when security furnished or suit dismissed.
Rule 11. Property attached before judgment not to be re-attached in execution of decree.
Rule 11A. Provisions applicable to attachment.
Rule 12. Agricultural produce not attachable before judgment.

Order 39- TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS

Rule 1. Cases in which temporary injunction may be granted.
Rule 3A. Court to dispose of application for injunction within thirty days.

Order 40- APPOINTMENT OF RECEIVERS

Rule 1. Appointment of receivers.
Rule 3. Duties.

Order 41- APPEALS FROM ORIGINAL DECREES

Rule 2. Grounds which may be taken in appeal.
Rule 5. Stay by Appellate Court.
Rule 37. Certified copy of decree to be sent to Court whose decree appealed from.

Order 42- APPEALS FROM APPELLATE DECREES

Rule 1. Procedure.

Order 43- APPEALS FROM ORDERS

Rule 1A. Right to challenge non-appealable orders in appeal against decree.

Order 44- APPEALS BY INDIGENT PERSONS

Rule 1. Who may appeal as an indigent person.
Rule 3. Inquiry as to whether applicant is an indigent person.

Order 46- REFERENCE

Rule 1. Reference of question to High Court.
Rule 4A. Reference to high Court under proviso to section 113.

Order 47- REVIEW

Rule 1. Application for review of judgment.
Rule 4. Application where rejected.

So these were all the essential and most important Sections and Orders of Civil Procedure Code. However, this does not mean that you completely ignore other sections and orders of CPC.

Civil Procedure Code for Exams

When you are preparing for your exams, it is recommended that you match your syllabus with the content above and proceed accordingly. The list here is only to ease your preparation. This does not mean that everything else in CPC is of no use. You must never appear in an exam without reading a bare act completely. Devote most of your time to important sections, orders, and rules, but do not abandon the rest.

Get CPC Bare Act PDF

Important Sections, Orders and Rules of Civil Procedure Code
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