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CODE OF CIVIL PROCEDURE- (Sample answers)
Question 1- What do you mean by term ‘Jurisdiction’ of court? On what basis it can be assessed? What is difference between lack of jurisdiction and irregular jurisdiction?
Answer- Jurisdiction has not been explained in the Code of Civil Procedure. In simple words, it can be described as the power of the court to settle the matter. The Indian Judiciary has invoked the ancient legal maxim ‘Ubi jus Ibi Remedium’, which means that where there is a right there is a remedy. The judicial forum must have jurisdiction to deal with the matter. Hence, the Jurisdiction commonly rests where the crime is committed.Jurisdiction is defined as the limit of judicial authority or extent to which a court of law can exercise its authority over suits, cases, appeals etc. A 1921 Calcutta High Court judgement in the case of Hriday Nath Roy Vs Ram Chandra sought to explain the meaning of the term ‘Jurisdiction’ in detail. An investigation of the cases in the texts shows several attempts to explain the word Jurisdiction which has been declared to be the power to hear and determine the issues of law and the fact or the authority by which their judicial powers take knowledge of facts and decide causes or the authority to hear and decide the legal dispute or the power to hear and determine the subject matter in the dispute among the parties to a suit and to adjudicate or exercise any judicial power over them or the ability to hear, determine and declare judgement on issues before the court or the power or authority which is given to a court by government to understand and learn causes between parties and to give a judgement into the effect or the power to enquire into the facts to apply the law to pronounce the Judgement and put it into execution.
The basis to determine jurisdiction-Jurisdiction is determined mainly on the grounds of:
1. Pecuniary value of the matter (Pecuniary jurisdiction)
2. Territorial boundaries of a court (Territorial Jurisdiction)
3. Subject matter of the case. ( Subject matter jurisdiction)
It is not only suitable that panel should have any right to deal with the issue or that the court has a pecuniary jurisdiction of the court has a local jurisdiction, but the court must be able to grant the compensation in such matter. In the case of Official Trustee Vs Sachin Nath, the court held that in order to deal with the topic the court must not be the only jurisdiction to decide a specific matter but also the court has the ability to give the order for which it is examined.
Pecuniary jurisdiction- Pecuniary means ‘related to capital.’ It approaches the question of whether the court is competent to try the case of the financial value. The code allows analysing the case unless the suit’s value exceeds the financial limit of the court. Section 15 of the Code of Civil Procedure commands the organisation of the suit in the court of the low grade. It refers to pecuniary jurisdiction of Civil court. It is a course of the method and it does not affect the jurisdiction of the court. The main objective of establishing pecuniary jurisdiction is to prevent the court of a higher level from getting burdened and to provide assistance to the parties. However, the court shall interfere if it finds the judgment to be wrong. For example, ’A ’wants to accuse ‘B’ due to a violation of the contract to obtain Rs 5000 in Bombay. The Bombay High Court has original jurisdiction and small causes court with the jurisdiction up to Rs 50000. So, a suit to obtain Rs 5000 should ideally be dealt with small causes court. In the case of Karan Singh Vs Chaman Paswan the plaintiff filed a suit in the subordinate court involving an amount of Rs 2950, but the court rejected the case. Later his next appeal was allowed by the High Court, but it ordered him to pay the deficit amount. The appellant contested that the decision of the district court will be a nullity, but the High Court dismissed the claim. Later the Supreme Court confirmed the decision of the High Court declaring that the decision of district court won’t be void.
Territorial jurisdiction-
Under this territorial or local jurisdiction, the geographical limits of a court’s authority are clearly delineated and specified. It cannot exercise authority beyond that geographical/ territorial limit. For example, if a certain crime is committed in Madhya Pradesh, only the courts of law within the borders of Madhya Pradesh can hear and decide the case. Furthermore, Section 16 of the Code of Civil Procedure explains the territorial jurisdiction on the grounds of the location of the immovable property. In the case of Harshad Chiman Lal Modi Vs D.L.F Universal Ltd , the court interpreted Section 16 that the suit pertaining to immovable property should be brought to the court. The court does not have the power to decide the rights of property which are not situated. However, the court can still pass a relief if the opposite party agrees to try the suit in such a case.
Subject matter jurisdiction-
The subject matter can be defined as the authority vested in a court to understand and try cases concerning a special type of subject matter. In other words, it means that some courts are banned from hearing cases of a certain nature. No question of choices can be decided by the court which do not have subject matter jurisdiction. Section 21 of the Code of Civil Procedure is related to the stage challenging the jurisdiction. For Example, “Ranveer”, a resident of Sonipat bought a food item of ‘AA’ brand that was plagued with pests. He should prosecute ‘ZZ’ company in Sonipat District forum rather than District Civil Court of Sonipat.
Difference between Irregular exercise of jurisdiction and lack of jurisdiction-
Lack of jurisdiction Irregular exercise of jurisdiction1. When a court does not have a jurisdiction to try the case on the first instance itself, its lack of jurisdiction. 1. When the court having jurisdiction, exercises it wrongfully, it is an irregular exercise of jurisdiction. 2. This means court does not have jurisdiction at all to try the case 3. This means court had the jurisdiction to try the case, but it exceeded it.3. The decision given in lack of jurisdiction is declared to be null and void. 4. The decision given in irregular exercise of jurisdiction is not null and void because the power to decide rightly as well as wrongly. 4. For example- Judicial magistrate trying the matrimonial cases. Here matrimonial cases are exclusively triable by court of session (Section 19 of Hindu marriage act, 1955) 5. For instance, Judicial magistrate can try cases upto the value of 1,00,000. And he tries the case of value 1,50,000. In this case, magistrate has just exceeded his jurisdiction.
Question 2- Describe the principle of Res-Judicata. What are the requirements of applicability? Differentiate between ‘estoppel’ and res-judicata.
Answer- Res Judicata is a legal principle in the Indian Legal System, which serve to prevent repetitive litigation and ensure fairness and consistency in judicial proceedings. Res judiciata, governed by Section 11 of the Code of Civil Procedure, 1908, is a doctrine that prohibits a court from re-examining a case that has already been conclusively decide by the same court, involving the same parties, subject matter, and under the same title. In simple terms, if a matter has been previously adjudicated and a final judgement has been delivered on it, it cannot be re-litigated, this post seeks to examine the various nuances and the multiple issues circling this principle.
Principles of Res Judicata-
The doctrine of Res Judicata serves several important objectives in the legal system. These objectives are based on three underlying maxims-
1. Nemo debet bis vexari pro una et eadem causa: This Latin proverb means "no man should be vexed twice for the same cause". The basic goal of Res Judicata is to save the parties from having to go through endless litigation over the same problem. Once an issue has been determined definitively by a competentcourt, the same parties should not be permitted to re-litigate the same dispute.
2. Interest reipublicae ut sit finis litium: This Latin maxim means "it is in the best interests of the State to put an end to litigation". The Res Judicata concept enhances judicial efficiency and the finality of rulings. It guarantees that disagreements are settled definitively, lowering the pressure on the legal system and eliminating unnecessary and time-consuming litigation.
3. Res judicata pro veritate occipitur: This Latin proverb translates as "a matter adjudged is accepted as correct". Res Judicata creates a presumption of validity and finality for decisions made by competent courts. The court's judgements are said to be founded on a thorough assessment of the facts and law, and they should not be readily reversed.
Conditions to impose Res Judicata-If specific criteria, as outlined in Section 11 of the Code of Civil Procedure, 1908, are satisfied, the theory of Res Judicata works as a bar on a court's jurisdiction to try a claim.
The following requirements must be met in order to establish Res Judicata as a legitimate defence in a future suit-1. Same Matter in Issue: The matter directly and substantially in issue in the succeeding suit must be the same as the matter directly and substantially in issue in the previous suit, either actually or constructively.
2. The prior litigation must have been between the same parties or parties claiming under them. This implies that the parties in the second litigation must be the same as the parties in the preceding suit or claim filed under the same title.
3. Litigating Under the Same Title: The parties in the first complaint must have been litigating under the same title as they are in the second. In other words, in both circumstances, they should have the same legal interest in the subject matter.
4. Competent Court: The court that resolved the previous suit must be competent to hear the future suit or suit involving the same subject. This assures that the previous suit's ruling was made by a court with competent jurisdiction.
5. Final Decision: The court in the prior litigation must have heard and eventually determined the topic immediately and significantly in question in the following suit. Res Judicata must be used after a final judgement on the merits of the case.
It is vital to highlight that the concerned party must raise the Res Judicata defense in the later complaint. If a party fails to raise the Res Judicata issue, or if the trial court fails to outline such an issue and the appeal court raises it on its own, such invocation of the concept may be deemed improper. Res Judicata can only be considered by the court if it is raised by the parties involved in the case.
Res Judicata and Estoppel
Estoppel means the principle which prevents a person from asserting something that is contrary to what is implied by a previous action. It deals in Section 115 to Section 117 of the Indian Evidence act. The rule of constructive res judicata is the rule of estoppel. In some areas the doctrine of res judicata differs from the doctrine of estoppel –
Estoppel flows from the act of parties whereas res judicata is the result of the decision of the court.
Estoppel proceeds upon the doctrine of equity, a person has induced another to alter his position to his disadvantage cannot turn around and take advantage of such alteration. In other words, res judicata bars multiplicity of suits and estoppel precludes multiplicity of representation of cases.
Estoppel is a rule of evidence and is enough for the party whereas res judicata expels the jurisdiction of a court to try a case and prevents an enquiry at the threshold (in limine).
Res judicata forbidden a person averring the same thing twice in the litigations and estoppel prevents the person from saying two opposite things at a time.
According to the principle of res judicata, it presumes the truth of decision in the former suit while the rule of estoppel precludes the party ton deny what he or she has once called truth.
Question 3- What procedure is adopted in Summary Suit?
Answer- “Order XXXVII of the CPC provides a fast-track legal mechanism for the recovery of money based on written contracts, bills of exchange, promissory notes, and similar documents. It applies to certain courts including High Courts, City Civil Courts, Courts of Small Causes, and others as specified by the High Court.”
Filing of Summary Suits“Under Rule 2 of Order XXXVII, a summary suit can be instituted by presenting a plaint with specific averments that the suit is filed under this Order. The defendant is required to enter an appearance and is deemed to admit the allegations if he fails to do so. The plaintiff is entitled to a decree for the amount claimed if the defendant does not enter an appearance or fails to get leave to defend.”
Procedure for Defendant’s Appearance“Rule 3 outlines the procedure for the defendant’s appearance in a summary suit. The defendant must be served with a copy of the plaint and has ten days to enter an appearance. If the defendant enters an appearance, the plaintiff must serve a summons for judgment. The defendant may apply for leave to defend the suit by disclosing facts that may be deemed sufficient to entitle him to defend.”In this blog post, we will discuss the key features of summary suits, the procedure for filing a summary suit, and the advantages and disadvantages of using a summary suit.
Key features of summary suits A summary suit is a legal action that can be taken in cases where the plaintiff has a clear and undisputed claim against the defendant. The following are the key features of summary suits:
1. Quick disposal: A summary suit is a fast track legal proceeding, and is designed to dispose of cases quickly and efficiently.
2. Expedited hearing: The court is required to expedite the hearing of the case, and must conclude the trial within limited time.
3. No trial: In a summary suit, there is no full-fledged trial. Instead, the case is decided based on the pleadings and evidence submitted by the parties.
4. No appeals: The decision of the court in a summary suit is final, and there is no right of appeal. However, the defendant may apply for a review of the judgment if there is an error apparent on the face of the record.
Procedure for filing a summary suit to file a summary suit, the plaintiff must follow the procedure prescribed in Order XXXVII of the CPC. The following are the key steps involved in filing a summary suit:
1. The plaintiff files a summary suit petition in the appropriate court. The petition must contain all the necessary details of the claim, including the nature of the claim, the amount claimed, and the grounds for the claim.
2. The court will then examine the petition and decide whether the claim is a debt or a liquidated demand that arises out of a written contract, an enactment, or a guarantee. If the court is satisfied that the claim falls within this category, it will issue a summons to the defendant.
3. The defendant must file a written statement within ten days from the date of service of the summons. The defendant must raise all their defences in the written statement, failing which they will be deemed to have admitted the plaintiff’s claim.
4. After the written statement is filed, the court will proceed to examine the case and decide whether to grant or dismiss the summary suit. If the court finds that there is a genuine dispute, it will dismiss the summary suit and order the plaintiff to file a regular suit.
5. If the court finds that there is no genuine dispute, it will pass a summary decree in favour of the plaintiff.
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