PDF Drive is your search engine for PDF files. As of today we have 78,, eBooks for you to download for free. No annoying ads, no download limits, enjoy . Doing Justice: A Prosecutor's Thoughts on Crime, Punishment, and the Rule of Law. Civil Procedure: A Coursebook [Connected Casebook] (Aspen Casebook) FEDERAL RULES OF CIVIL PROCEDURE EDITION. BOOK ONE - INDIVIDUAL. Contents In the Dutch Civil Code pursuant to the law of July 10, , N.S. No. H see also .. procedure. The judgments .
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provisions of this Code in those matters of procedure upon which any special enactment applicable to them does not include a Civil Court having original jurisdiction under this Code to try such suits or proceedings (d) books of account;. Complete CPC - Code of Civil Procedure presented in a user friendly design with excellent user experience. Divided clearly into Chapters and Sections and. 42 results Commentaries on Code of Civil Procedure, (in 6 Enlarged Volumes) by Justice. Commentaries on Code of Civil Procedure, (in By Justice.
Hamid Sultan Bin Abu Backer, has now successfully reached its 4th edition. It is divided into two parts.
One extensively covers criminal procedure, written in reader friendly manner, in 70 sub-chapters. Another part provides a commentary to the Criminal Procedure Code, covering all the 445 sections. Hamid Sultan Bin Abu Backer, is now successfully in its 5th edition updated up to the third quarter of 2018.
It is a must for all legal practitioners, whether in criminal or civil practice, and equally for all law lecturers and students. A mastery of this subject is indispensable for any advocate. Apart from that, this book is divided into two parts on the law of evidence. One covers all aspects of the law of evidence in 61 sub-chapters and another is a commentary on all the 167 sections of the Evidence Act 1950. Vohrah, judge of Court of Appeal Rtd. Like all his previous works, this series is bound to be a guide to various aspects of the law.
Where two or more causes of actions are joined together, there can be more than one final decree. Partly Preliminary and Partly Final Decree: For example, in a suit for possession of immoveable property with mesnes profits, the Court- a decrees possession of the property, and b directs an enquiry into the mesne profits.
The former part of the decree is finally while the later part is only preliminary because the Final Decree for mesne profits can be drawn only after enquiry and ascertainment of the due amount.
Manual of the Civil Procedure Code
In such a case, even though the decree is only one, it is Partly Preliminary and Partly Final. Section -2 14 An order means the formal expression of any decision of a Civil Court which is not a decree. The adjudication of a court of law may be either Decree or Order; and cannot be both. Origin A decree can only be passed in a suit which commenced by presentation of plaint.
An order may originate from a suit, by presentation of a plaint or may arise from a proceeding commenced by a petition or an application. KAM KUS 5 2 3 "Decree-Holder" means any person in whose favour a decree has been passed or an order capable of execution has been made.
Determination of Rights 3. There cannot be a Preliminary Order. Appeal From In every suit, there can be only one decree, except in certain suits, where two decrees, one Preliminary and one Final are passed. Every decree is appealable unless otherwise expressly provided.
Thus there may be two appeals. In case of suit or proceeding number of order may be passed. Every order is not appealable. Only those orders are appealable as specified in the Code i. No Second appeal lies in case of appealable orders [Sec. Second Appeal S tu d yn a m a. KAM KUS 6 The owner of property or any other person who is entitled to have possession of property has a right to the possession of his property and when such person is deprived of such a right by any other person, person, then he is entitled not only to receive back possession of that property but also to damages for wrongful possession from that person.
The mesne profits are compensation, which is penal in nature. A decree for mesne profits is to compensate the person who has been kept out of possession even though he was entitled to possession thereof. Against whom Mesne profits can be claimed? The mesne profits can be claimed with regard to immoveable property only. Generally, person in wrongful 2 possession and enjoyment of immoveable property is liable for mesne profits. A decree for mesne profit can be passed against a tresspasser or a person against whom a decree for possession is passed, or against a mortgagee in possession of property even after a decree for redemption is passed or against a tenant holding over at will after a notice to quit has been served him.
To ascertain and provide mesne profits it is not what the plaintiff has lost by being out of possession but what the defendant gained or might reasonably and with ordinary prudence have gained by such wrongful possession. Since interest is an integral part of mesne profits, it has to be allowed in the computation of 3 mesne profits itself.
Jurisdiction means power of a Court to hear and decide a case. Jurisdiction of a Court means the power or the extent of the authority of a Court to hear and determine a cause, to adjudicate and exercise any judicial power in relation to it.
The Jurisdiction of a Court means the extent of the authority of a Court to 4 administer justice prescribed with reference to the subject matter, pecuniary value or local limits. Consent of Parties: It is well settled principle of law that consent cannot confer nor take away jurisdiction of a Court. If the Court has no inherent jurisdiction, neither acquiescence nor waiver nor estoppels can create its But if two or more Courts have jurisdiction to try the suit, the parties may agree among them that the suit should be brought in one of those Courts and not in other, since there is no inherent lack of jurisdiction in the Court.
KAM KUS 7 The defect of jurisdiction cannot be cured by consent of parties and the judgment or order passed by a Court, however precisely certain and technically correct, is null and void6 and its invalidity could be setup whenever and wherever it is sought to be enforced or relied upon, even at the stage of execution and even 7 in collateral proceedings. If it decides wrong, the wronged party can only take the course prescribed by law for setting matters right; and if 9 that course is not taken, the decision, however wrong, cannot be disturbed.
But in case, the Court has jurisdiction but it is irregularly exercised, the error can e remedied with the help of procedures prescribed by law for setting that error right i. Where the party aggrieved does not take appropriate steps to have that error corrected, the erroneous decree will hold good and will not be open to challenge on the basis 10 of being a nullity. Decision as to jurisdiction: Whenever the jurisdiction of the Court is challenged, the Court has inherent 11 jurisdiction to decide the said question.
The allegations made in plaint decide the forum and e jurisdiction 12 does not depend upon the defence taken by the defendants in the Written Statement.
Kinds of jurisdiction: Jurisdiction of a Court may be classified into the following four categories- i. Territorial jurisdiction or Local jurisdiction: Each Court has vested power to exercise jurisdiction within its own territorial or local limits beyond which it cannot go. Pecuniary jurisdiction: The term 'Pecuniary jurisdiction' connotes the value of the subject matter of the suit.
The High Courts and District Courts have no pecuniary limitation but the other Courts have no such unlimited pecuniary jurisdiction. The Court of Civil Judge Jr. Jurisdiction as to subject matter of dispute: Original and appellate jurisdiction: In its original jurisdiction, a Court entertains and adjudicates suits while in its appellate jurisdiction a Court decides appeals. Suit of Civil Nature Introduction: A litigant having a grievance of a civil nat. It is a fundamental principle of English law that whenever there is a right, there is a remedy.
The word "civil" relates to the community or to the policy and government of the citizens and subjects of a State. The word "civil" indicates a state of society reduced to order and regular government; as against S tu d yn a m a. KAM KUS 8 "criminal" it pertains to private rights and remedies of men and also used in contradistinction to military, ecclesiastical, natural, or foreign.
Generally, civil action is an action wherein an issue is presented for trial, formed by averments of complaint and denials of answer; or replication to new matter; or an adversary proceeding for declaration, enforcement, or protection of a right or redressal or prevention of a wrong. It is a personal action which is instituted to compel payment, or doing of some other thing which is purely civil. Civil proceeding includes, at least, all proceedings affecting civil rights which are not criminal.
It is a proceeding in which some rights to property or other civil rights are involved, no matter whether the jurisdiction of the court is ordinary, special or extraordinary. If the proceeding is in aid of establishing a civil right or for disputing one, it would be a civil proceeding. According to S.
The word "civil" has not been defined in the Code. The word "civil" means "pertaining to the private rights 15 and remedies of a citizen as distinguished from Criminal, political, etc. Thus a suit is of a civil nature if the private question therein relates to the determination of a civil right and enforcement thereof.
The expression is "suit of a civil nature will cover private rights and obligations of a citizen. Political and religious questions are not covered by that expression. Illustrations of suits of a civil nature: The followings are the illustrations of the suits of a 'Civil Nature'- Suits relating to right to property, right to worship, taking out of religious procession, right to share in offerings, suits for damages for civil wrong, for breach of contract, for a specific relief, for restitution of conjugal rights, for dissolution of marriage, for rent.
But the following are not suits of a civil nature: Cognizance not barred: Court to try all civil suits unless barred- 'The Courts shall subject to the provisions herein contained have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. Suits expressly barred: A suit is said to be "expressly barred" when it is barred by any enactment for the time being in force18 by a competent Legislature, while keeping itself within the field of legislation and without contravening any provision of the constitution.
Every presumption should be made in favour of the jurisdiction of the Civil Court and the provisions of the exclusion of the jurisdiction of a 19 Court must be strictly construed.
It is well settled that a civil court has inherent power to decide its own 20 jurisdiction. The matters falling within the exclusive jurisdiction of the Revenue Courts or under the Criminal Procedure Code or the matters dealt with by special tribunals, under the relevant statutes; eg. Suits impliedly barred: A suit is said to be "impliedly barred" when it is barred by general principle of law. Where an Act creates an obligation and enforces the performance in a specified manner, that performance cannot be enforced in any other manner, e.
Thus, no suit shall lie for recovery of costs incurred in Criminal prosecution or for enforcement of a right upon a contract hit by Section 23 of Indian ContractAct, or against any Judge for acts done in the course of his duties.
ACivil court has no jurisdiction to adjudicate upon disputes of political nature. Provides No court shall proceed with the trial' of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties or between parties under whom they or any of them claim, litigating under the same title, where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any other Court beyond the limits of India established or constituted by the Central Government and having like jurisdiction or before he Supreme Court.
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. The object of S. The section intends to prevent a person from multiplicity of proceedings and to avoid a conflict of decisions.
This section will apply where the following conditions are satisfied: Where there are two suits, one previously instituted and the other subsequently instituted. The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit.
Both the suits must be between the same parties or between their representatives. The previously instituted suit must be pending: The Court in which the previous suit is instituted must have jurisdiction to grant the relief claimed in the subsequent suit. Same Title: Such parties must be litigating under the same title in both the suits. Provisions are Mandatory: The provisions contained in section are mandatory and no discretion is left with the Court. The order staying proceedings in the subsequent suit can be made at any stage.
A suit pending in a Foreign Court: Decree passed in contravention of S. It is the trial and not the institution of the subsequent suit which is barred under this section and therefore, a decree passed in contravention of S. Consent of parties: The provision of Section 10 is a rule of procedure which can be waived by a party and where the parties waive their right and expressly ask the Court to proceed with the subsequent suit, they cannot afterwards challenge the validity of the proceedings.
Therefore, the expression 'Res-judicata'' means "a thing or matter already adjudged or adjudicated or decided".
Civil Procedure Code Books
Res-judicata means "a final judicial decision pronounced by a judicial tribunal having competent jurisdiction 24 over the cause or matter in litigation, and over the parties thereto. When a matter- whether on a question of fact or a question of Law-has been decided between two parties in one suit or proceeding and the decision is final, either because no appeal was taken to a higher Court or because the appeal was dismissed or no appeal lies, neither party will be allowed in a future suit or proceeding between 26 the same parties to canvass the matter again.
The expression "Former Suit" shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto. For the purposes of this section the competence of Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such court.
The mater above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other. Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in suit.
Any relief claimed in the plaint, which is not expressly granted by the degree, shall, for the purposes of this section be deemed to have been refused. Explanation- VI: Where persons litigate bona fide in respect of a public right or of a private right claimed, in common for themselves and others, all persons interested in such right shall, for the purpose of this section, be deemed to claim under the persons so litigating. The provisions of this section shall apply to a proceeding for the execution of a decree and references in this section to any suit, issue or former suit shall be construed as references, respectively, to a proceeding for the execution of the decree" question arising in such proceeding and a former proceeding for the execution of that decree.
An issue heard and finally decided by a Court of limited jurisdiction, competent to decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Court of limited jurisdiction was not competent to try such subsequent suit in which such issue has been subsequently raised," Object: The doctrine of Res Judicata is based upon the following four maxims- a. Nemo debet lis vexari pro una et eadem causa: Interest republicae ut sit finis Iitium: Res judicata pro veritate occipitur: Res judicata pro veritate habetur: To understand the doctrine of Res-judicata, it is essential to know the meaning of the following terms- Matters in Issue: The expression 'matter in issue' means the right litigated between the parties.
The matters in issue may be: Actually in issue Matters directly and Constructively in issue Substantially in issue Matters in issue: Matters collaterally and incidentally in issue Directly and substantially in issue: A matter cannot be said to be directly in issue if the judgment stands whether the fact exists or does not exist. A matter can be said to be substantially in issue if it is of importance for the decision of a case. In order that a matter decided in a former suit may operate as res judicata in a subsequent suit, it must have been directly and subsequently in issue in the former suit.
Asues B for rent due. The defence of B is that no rent is due.
Here the claim to rent is the matter in respect of which the relief is claimed. The claim of the rent is, therefore a matter, directly and substantially in issue. Actually in issue: III Amatter is actually in issue when it is in issue directly and substantially and a competent Court decides it on merit. Amatter is actually in issue when it is alleged by one party and denied or admitted by the other. III Constructively in issue: IV A matter can be said be constructively in issue when it "might and ought" to have been made a ground of defence or attack in the former suit.
IV Collaterally or incidentally in issue: Acollateral or incidental issue means an issue which is ancillary to the direct and substantive issue. It refers to a matter in respect of which no relief is claimed and yet it is put in issue to enable the Court to adjudicate upon the matter which is directly and substantially in issue.
Decisions on the matters collateral and incidental to the main issues in the case will not operate as res-judicata. A sues B for the rent due: B pleads abatement of the rent on the ground that the actual area of the land is less than that mentioned in the lease deed. The Court, however, finds the area greater than that shown in the lease deed. The finding as to the excess area, being ancillary to the direct and substantial issue, is not res judicata. It was held in re Gangabai Vs Chhabubai AIR SC 20 that in order to operate as res judicata the finding must be one disposing of a matter directly and substantially in issue in the former suit and the issue should have been heard and finally decided by the court trying such suit.
A matter which is collaterally or incidentally in issue for the purposes of deciding the matter which is directly in issue in the case cannot be made the basis of a plea of res judicata. The question whether a matter was directly and substantially in issue or merely collaterally or incidentally in issue must be decided on the facts of each case. In Vithal Yashwant v. Shikandarkhan,AIR SC the Court held that "It is well settled that if the final decision in any matter at issue between the parties is based by a Court on its decision on more than one point - each of which by itself would be sufficient for the ultimate decision- the decision on each of these points operates as res judicata between the parties.
A sues B i - for a declaration of title to certain lands; and ii - for the rent of those lands. B deniesA's title to the lands and also contend that no rent is due. In this case, there are two matters in respect of which relief is claimed, viz. Both these matters are, therefore, directly and substantially in issue. Conditions to apply S. Matter in Issue: The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit.
Same Parties: The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. Competent Court: The court which decides of the former suit must be a court competent to try the subsequent suit or the suit in which such issue is subsequent raised. Final decision of former suit: The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.
Civil Procedure Code (CPC)
Constructive Res-Judicata Prayer for the same relief in the subsequent suit The doctrine of constructive Res-judicata is provided in the Explanation IV of section 11 which explains that where the parties have had an opportunity of controverting a matter, that should be taken to be the same S tu d yn a m a.
The object of Expl. IV is to compel the plaintiff or the defendant to take all the grounds of attack or defence which were open to him. The rule of Constructive res judicata is an artificial form of res judicata, and provides that if a plea could have been taken by a party in a proceeding between him and his opponent, he should not be permitted to take that plea against the same party in a subsequent proceeding with reference to the same subject matter.
That clearly is opposed to consideration of Public Policy. Besides, if such a course is allowed to be adopted, the doctrine of finality of judgments pronounced by Courts would also be materially affected. In Forward Construction Co.
IV is that where the parties have had an opportunity of controverting a matter that should be taken to be the same thing as if the matter had been actually controverted and decided. It is true that where a matter has been constructively in issue it can not be said to have beer actually heard and decided. It could only be deemed to have been heard and decided. In Workmen, C. When any matter which might and ought to have been made a ground of defence or attack in a former proceeding but was not so made then such a matter in the eye of law, to avoid multiplicity of litigation and to bring about finality in it, is deemed to have been constructively in issue and, therefore, is taken as decided".
Afiles a suit against B for declaration that he is entitled to certain lands as heir of C. The suit is dismissed. The subsequent suit, claiming the same property on the ground of adverse possession, is barred by constructive res judicata. A files a suit against B to recover money on a pro-note. B contends that the promissory note was obtained from him by undue influence. The objection is overruled and suit is decreed. B cannot challenge the promissory note on the ground of coercion or fraud on subsequent suit, in as much as he ought to have taken that defence in the former suit.
Civil Procedure Code, 1908 – Dig-lot – English & Hindi Hardcover – 2017
As a mortgagor A sues B for redemption of certain property alleging that he has mortgaged it with possession to B. The mortgage is not proved and the suit is dismissed. Afiles another suit against B for possession of the same property claiming to be the owner thereof.
The suit is not barred. A sues B for a declaration that he is entitled to certain property as an heir of X. A files another suit for injunctions on the ground that he had become an owner of the property by adverse possession. This ground was available to him even at the time of previous suit but was not taken at that time. The subsequent suit is barred.
Section 11 is not exhaustive and the principle which motivates that section can be extended to cases which do not fall strictly within the letter of Law. The principle of res judicata is convinced in the larger public interest, which requires that all litigation must, sooner than later, come to an end. Waiver of Plea of res-judicata: The plea of res judicata is not one, which affects the jurisdiction of the Court.
The doctrine of res jUdicata belongs to the domain of procedure and the party may waive the plea of res judicata. Similarly, the Court may decline to go into the question of res judicata on the ground that it has not been properly raised in the proceedings or issues. Res-judicata between co-defendants: Amatter may operate as res-judicata between co- defendants and co- plaintiffs if the following conditions are satisfied: There must be conflict of interest between the co-defendants.
It must be necessary to decide that conflict in order to give relief to the plaintiff. The question between the co- defendants must have been finally decided; and d. The co- defendants were necessary or proper parties in the former suit. The decision regarding the construction of the will on rival claims of the defendants will operate as res-judicata in any subsequent suit by any of the defendants against the rest.
Distinction between Res Sub — Judice S. The principle of res- judicata applies 28 in between two stages in the same Iitigation ".
It is well settled that principle of res-judicata can be invoked not only in separate subsequent proceedings, they also get attracted in subsequent stage of the same proceedings. Once an order made in the course of a proceeding becomes final, it would be binding at the 29 subsequent stage of that proceeding …..
Issue Estoppel: An issue or fact of law which has been determined in an earlier proceeding cannot be raised in a subsequent proceeding.
The court has few inherent power in the interest of finality not to allow a particular issue which has already been litigated to be reopened. Res-judicata Res Sub-Judice 1. It applies to a matter adjudicated upon Res- judicatum 2. It bars the trial of a suit or an issue, which has been decided in a former suit. It applies to a matter pending trial sub-Judice It bars trial of a suit which is pending decision in a previously institute suit.
Res-judicata debars a court from exercising its jurisdiction to determine the lis if it has attained finality between the parties whereas the doctrine of issue estoppel is invoked against the party. If such an issue is decided against him, he would be 30 estopped from raising the same in the later proceeding.
Criminal Proceedings: The doctrine of res-judicata is of universal application, which applies even to criminal proceedings. Once a person is acquitted or convicted by a competent criminal court, he cannot once again, be tried for the same offence. Writ Petitions: The General principle of res-judicata applies even to Writ petition filed under Article 32 of the Constitution. It would not be open to a party to ignore the judgment passed on a writ petition filed by a party under Article , which is considered on merits as a contested matter and is dismissed, and again move the High Court under Article or the Supreme Court under Article 32 on the same facts and for obtaining the same or 31 similar orders or writs.
Writ Petition and Constructive Res-Judicata: The question whether the rule of constructive res-judicata can be applied to writ petitions, was first answered by the Hon'ble Supreme Court in Amolgamated Coalfields Ltd.
It held that "In our opinion, constructive res-judicata which is a special and artificial form of res-judicata enacted by Section 11 of the code should not generally be applied to writ petitions filed underArticle 32 orArticle AIR SC, the Court had decided that the principle of constructive res-judicata 32 33 also applies to writ petitions. The principle of res-judicata constructive res-judicata is not applicable to the writ petition of Hebeas Corpus.
Res-judicate and Estoppel: Res-judicata is really estoppel by verdict or estoppel by judgment record.
The rule of constructive res-judicate is nothing else but a rule of estoppel. Even then, the doctrine of res- judicata differs in essentials particulars from the doctrine of estoppel.
It results from a decision of the Court. Estoppel flows from the act of parties. The rule is based upon public policy, viz that there should be an end to litigation.
It bars multiplicity of suits. It proceeds upon the doctrine of equity; that he who by his conduct, has induced another to alter his position to his disadvantage cannot turn round and take advantage of such alteration of the other's position.
Affects the jurisdiction: It ousts the jurisdiction of a court to try a case and precludes an enquiry in limine. In other words, estoppel prevents multiplicity of representations. Stop the Party: It prohibits a man averring the same thing twice in successive litigations. It is only a rule of evidence and shuts the mouth of a party. This rule presumes conclusively the truth of the decision in the former suit.
It binds both the parties to a litigation. Estoppel prevents him from saying one thing at one time and the opposite at another. The rule of estoppel prevents a party from denying what he has once called the truth. The term foreign Court has been defined in s. The judgment of a foreign Court is enforced on the principle that where a Court of Competent Jurisdiction has adjudicated upon a claim, a legal obligation arises to satisfy that claim.
Section 13 embodies the principle of res-judicata in foreign judgments. This provision embodies the principle of private International Law that a judgment delivered by a foreign Court of competent jurisdiction can be enforced in India. A sues B in a foreign Court.
The judgment will operate as a bar to a fresh suit byAagainst B in India on the same cause of action. Conclusive Nature: Section 13 of the Code provides that a foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between- parties under whom they or any of them claim litigating under the same title except as specified in clauses a to f of Sec.
When Foreign Judgment Not Binding: A foreign judgment must be pronounced by a Court of competent jurisdiction and must be by a Court competent both by the law of the State which has constituted it and in an International sense and it must have directly adjudicated upon the 'matter' which pleaded as res- S tu d yn a m a.
Only the judgment and not the reasons for the judgment is conclusive. Foreign Judgment Not on Merits: A judgment is said to be given on merits when, after taking evidence and application of mind, the Judges decide the case one-way or the other. The dismissal of suit for default of appearance or non-production of the document by the plaintiff or passing of decree due to default of defendant in furnishing security are not on merits and can not be conclusive.
The mistake of International or Indian Law must be apparent on the face of the proceedings. In Narsimha Rao V. Venkata Lakshmi 3 SCC, the Court held that "when a foreign judgment is founded on a jurisdiction or on a ground not recognized by International or Indian Law, it is a judgment which is in defiance of the law. Hence, it is not conclusive of the matter adjudicated therein and, therefore, not enforceable in this country. Foreign Judgment Opposed to Natural Justice: The judgment pronounced by a Foreign Court must e after the observation of the judicial process, i.
The judgment to be conclusive must be composed of impartial persons, act fairly, without bias, and in good faith; it must give reasonable notice to the parties to the dispute and to afford each party adequate opportunity of presenting his case.
Foreign Judgment Obtained by Fraud: It is the fundamental Principle of Private international Law that a Foreign Judgment is obtained by fraud, it will not operate as res-judicata. It is the settled preposition of law that a judgment or decree obtained by playing fraud on the Court is a nullity and non est in the eye of law.
It can be challenged in any Court even in collateral proceedings. It is implicit that the foreign law and foreign 35 judgment would not offend against our public policy. Thus, a foreign judgment. Presumption as to Foreign Judgments: Section 14 provides that "the Court shall presume, upon the reduction of any document purporting to be certified copy of the foreign judgment, that such judgment pronounced by a Court of Competent jurisdiction unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.
Aforeign judgment may be enforced by institution of 36 a suit within a period of 3 years from the date of the foreign judgment. Section 15 to 20 of C. Rules as to forum The rules as to forum can be discussed under the following two heads- a. Rules as to pecuniary jurisdiction: The rule about the pecuniary jurisdiction is that the "Every suit 37 shall be instituted in the court of the lowest grade competent to try it. Rules as to nature of the suit: Suits may be divided into three c1asses- i.
Suits in respect of immoveable property,- section 16 to 18 ii. Suit for compensation for wrong for torts to person or movable property,- Section 19, and iii. Suits of other kinds, - section- Sections 16 to 18 deal with suits relating to immoveable property.
Section 16 provides as Subject to the pecuniary or other limitations prescribed by any law, suits for the recovery of immoveable property with or without rent or profits- a. Provided that a suit to obtain relief respecting, or compensation for wrong to, immoveable property held by S tu d yn a m a. KAM KUS 20 or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.
In this section "property" means property situate in India. Section 17 provides as "Where a suit is to obtain relief respecting, or compensation for wrong to, immoveable property situated within the jurisdiction of different Courts, the suits may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate: Provided that, in respect of the value of the subject matter of the suit, the entire claim is cognizable by such Court.
Section 18 provides as 1. Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts any immoveable property is situate, anyone of those Courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if the property were situate within the local limits of its jurisdiction.
Provided that the suit is one with respect to which the Court is competent as regards the nature and 41 value of the suits to exercise jurisdiction. Section 19 provides as Where a suit is for compensation for wrong done to the person or to moveable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said courts.
A, residing in Delhi, beats B in Calcutta.
B may sueAeither in Calcutta or in Delhi. Suits for other kinds: Section 20 provides as S tu d yn a m a.
KAM KUS 21 Subject, to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction- a.The plaint shall finally contain the relief which the plaintiff claims either simply or in the end.
LLB students: The plaintiff ought to be given such relief as he is entitled to get on the facts established on the basis of the evidence in the case even if the plaint does not contain a specific prayer for the relief. Commentaries on Code of Civil Procedure, in It may be submitted retroactively; the court may determine a time limit in this regard.
Can We Help? I, California Court Rules Court Rules provides rules essential to practice before the courts and serves as a comprehensive yet portable procedural law library. Section 1054 - Form and contents of award 1 The award shall be made in writing and shall be signed by the arbitrator or arbitrators. Please update to the latest version, or use a different browser for the best experience.
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