Civil Procedure: Key Concepts

Civil Procedure Code and Limitation Act - Key Concepts

• An ex-parte decree is a decision made by a court where only one party is present.
• A pauper is someone who, due to poverty, is allowed to litigate without paying standard court costs.
• Original jurisdiction refers to a court's authority to hear a case for the first time.
• Appellate jurisdiction pertains to a court's power to review decisions made by lower courts.
• A plaint can be rejected for reasons like not stating a cause of action or being improperly framed.
• Res Judicata is a doctrine preventing a case from being relitigated once a final judgment has been made.
• A judgment creditor is someone who is owed money as the result of a court judgment .
• A receiver is appointed by the court to manage property involved in litigation.
• A legal representative, as defined under the Code of Civil Procedure, 1908, is someone who represents the estate of a deceased person in legal proceedings.
• Reference involves a lower court seeking the opinion of a higher court on a question of law.
• Review involves a court re-examining its decision, while revision involves a higher court examining the correctness of a lower court's decision.
• Kinds of Jurisdiction: original, appellate, concurrent, exclusive, territorial, and subject matter.
• Law of Adverse possession under the Indian Limitation Act, 1963 defines the requirements for gaining ownership of property by possessing it for a prescribed period.
• Arrest before judgment and attachment before judgment are provisional remedies to prevent a defendant from frustrating a potential decree.
• Summary suits are expedited proceedings for certain types of cases, like those based on negotiable instruments or simple debts.
• Limitation period extension may be granted if the courts are closed.

Situational Problem - Appeal Filing

• This concerns appeal filing when the limitation period expires on a court holiday, and a curfew is imposed.
• A key point is whether David can still file an appeal after the limitation period.
• Also considerations on the circumstances under which the period of limitation can be extended.

Situational Problem - Writ of Summons

• Pooja, the defendant, received a writ of summons on January 10th, 2017 and the considerations of the response and impact if this could not be followed.

Situational Problem - Contract Law, Place of Suing

• This concerns "P" entering a sale of goods contract with "Q" in Mumbai, goods delivered to Chennai, payment agreed at Delhi, P refuses to pay and Q wishes to sue.
• Considerations include, where can “Q” file a suit against “P”.
• Considerations if "Q" resides in Gujarat can they file a suit at Gujarat?

Key Concepts: Civil Courts and Legal Procedures

• Receiver Appointment: A receiver is appointed by the Court when it's necessary to preserve property or rights during a legal dispute.
• Minority and Limitation: Limitation's effect on a minority involves special rules that protect the rights.
• Reference: Reference involves seeking an opinion from a higher court on a legal matter.
• Evasive Denials: These are responses in pleadings that don't specifically admit or deny allegations, which is generally not allowed.
• Plaint: A plaint is the initial document filed by the plaintiff to start a lawsuit.
• Res Judicata: Res Judicata's conditions prevent re-litigation of issues already decided.
• Precept: A precept is an order issued by a court to a subordinate authority to attach property.
• Modes of Execution of Decree: There are different modes to execute decrees from arrest and detention, attachment and sale of property, delivery of property and any combination.
• Judgment Creditor: This is a person who is owed money as the result of a court judgment.
• Attachment of Property: It is taking property into legal custody to ensure that it's available.
• Acknowledgement in Writing: Acknowledgement in writing affects the limitation period by starting it again.
• Legal Disability: Legal disability includes minority, insanity, or idiocy, which can affect limitation periods.
• Summary Suits: Procedure expedite certain types of cases, promoting efficiency.
• Reference and Revision: Reference seeks an opinion from a higher court, while revision allows for correcting errors by lower courts.
• Suits by Indigent Persons: These are lawsuits filed by those who cannot afford court fees.
• Suits by Minors/Unsound Mind: These lawsuits require special procedures.
• Foreign Judgment: Rules exist about the recognition and enforcement.
• Caveat: A caveat is a notice filed to prevent certain actions without notice.
• Appeals: The process involves challenging a court's decision in a higher court.
• Set-off and Counterclaim: These are ways a defendant can raise claims against a plaintiff in the same lawsuit.
• Difference Between Judgement and Decree: This is the formal expression of a court decision versus a specific order based on that decision.
• Order: This is a direction of a court or judge made.
• Stay of Suits: This is a legal process to halt proceedings temporarily.
• Misjoinder of Parties: Misjoinder happens when the incorrect joining of parties in a suit
• Garnishee: This is person or institution that is indebted to another, which the court can order to pay amounts to a plaintiff.
• Pauper: This refers to a very poor person.
• Plaint: This is the first document filed to starting a case.
• Next Friend: This is a person who acts on behalf of minor or person of unsound-mind.
• Written Statement: This is what the defendant files.
• Attachment of Property: This is the process to seize property.
• Summary suits: These are suits used to quickly resolve claims.
• Counter claim: This is an action or claim brought by a defendant against a plaintiff.

Key Concepts: Decrees, Orders, and Legal Representatives

• Mesne Profits:
  • Profits a person in wrongful possession of property actually received or might have with due diligence.
• Decree:
  • Formal expression of court decision conclusively determining parties' rights on any or all issues.
  • Types: preliminary, final.
• Order:
  • Formal expression of court decision not amounting to a decree.
• Judgment Debtor:
  • Person against whom a court has issued a decree.
• Pleader:
  • Authorized to appear and plead for a party in court.
• Rules:
  • Procedures and guidelines governing court proceedings.
• Mis-joinder of Parties:
  • Incorrectly joining too many parties.
• Set-off:
  • Deducting a debt owed by plaintiff to defendant against claimed amount.
• Good Faith Under Limitation Act:
  • Honest intention in a transaction.
• Bill of Exchange:
  • Under Limitation Act, 1963, this is a negotiable instrument.
  • Defines prescribed periods to file suits.
• Suits by or Against Minors:
  • Require special procedures and representation.
• Appeals:
  • Process for challenging decrees or orders.

Key Concepts: Limitation, Injunctions, and Court Powers

• Discusses general principles of Limitation
• Grounds on which delay can be condoned.
• Place of suing is the location where a case can be legally filed.
• Summons is an order to appear in court.
• What do you mean by temporary Injunction definition requires explanation
• Constructive Res-Judicata provides for when a matter might be settled by implication if not a direct consideration.
• Distinction between Judgement and Decree formal expressions
• Court's inherent powers which are powers which are essential and fundamental to the administration.
• Cause of action is a set of facts that give rise to a right to sue.
• Garnishee is a person, such as a bank, who holds funds belonging to a judgement debtor.
• An effect on a suite when the plaintiff doesn't appear is that the case could be dismissed.
• Mesne profits are profits received by a person in wrongful possession of property
• A precept is an order to a subordinate court to attach property.
• Interlocutory Injunction is that granted to protect a party from irreparable injury
• Court allowance on amendment of pleadings considerations apply
• Constructive Res Judicata provides for when a matter might be settled by implication if not a direct consideration.
• Effect of final decree it conclusively determined the rights of parties
• General Period of Limitation considerations apply.
• Provisions relating to discovery and inspection allows parties to gather evidence.
• Procedure Code related to Appeals: provides to challenge legal decisions.
• Indigent person: is considered a pauper and lacks means to afford counsel
• Discovery and Inspection: Procedures to allow parties to collect evidence.
• Civil Court's Inherent Powers: This discusses powers beyond those explicitly listed in the code.
• Government suits: Specific procedure needed if the government sued or is the plaintif
• Interlocutory Injunction: This is when a Court order preventing or requiring an act
• Revision: is a review
• Pleading: requires certain information to be presented

Key Concepts: Summons, Suits, and Resolutions

• Summons: it is a document ordering someone to appear in court, with various methods for delivery
• Suits vs. Minors: procedural adaptations to suit
• Breach of contract: This concerns the failure to fulfill contractual obligations
• Jurisdiction: This is a court's authority to hear a case, and the implications of lacking it.

Situational Problems: Analyzing Case Scenarios

• Breach of Contract Suit and Jurisdiction - It is in relation to where the suit may be instituted and relevant provisions.
• Restitution of Conjugal Rights - Explores counterclaims in conjugal rights cases.
• Judgment Debtor and Stranger: It explores execution proceedings against someone else.
• Decree against Adult Sued as Minor: Discusses validity of decrees and remedies.
• Remedy exists for judgements and if they are valid.
• The key facts about filing fees are can they be recovered.
• Heirship and property rights of the deceased are key to determine if a case can proceed.

Key Concepts: Understanding Legal Terminology

• Proper party is an individual with a direct interest in the outcome of a case.
• Precept: order to attach property
• Final Decrees: order which ends a suit
• Counter Claim is what someone may file in response to a suit
• Order: ruling by court
• Judgement Debtor: one who is liable
• Effect on a suit when neither party appers: dismissal of the case
• Non-joinder of parties relates to joining parties in a case
• The court can amend pleadings.

Key Concepts: Civil Procedure, Decrees, and Judgments

• Decree:
  • Formal expression of adjudication conclusively determining rights (Section 2(2) CPC).
• Definitions and Explanations
  • Includes rejection of plaint and determination of questions under Section 144.
  • Excludes adjudication from which appeal lies as appeal from order.
• Judgment:
  • Statement given by Judge on grounds of decree or order (Section 2(9) CPC).
• Order:
  • Formal expression of decision, not a decree (Section 2(14) CPC).

Key Concepts: Essential Legal Definitions

• Legal Representative (Section 2(11) CPC):
  • Represents deceased's estate; includes intermeddlers.
• What Can Be Attached?
  • Property liable to attachment/sale in execution of decree.
• Mesne Profits (Section 2(12) CPC):
  • Profits from wrongful possession.
• Suit:
  • Not defined in CPC, but generally a civil proceeding.
• Pleading (Order VI CPC):
  • Plaintiff's plaint or defendant's written statement.
• Written Statement:
  • Defendant's response to plaint.
• Caveat (Section 148A CPC):
  • Prevents actions/applications without notice.

Key Concepts: Injunctions, Government Suits, and More

• Injunctions:
  • Prevent party from specific act.
  • May be temporary or permanent.
• Interlocutory Orders:
  • Issued during suit's progress.
• Government Suits:
  • Requires notice under Section 80 CPC.
• Set-off (Order VIII Rule 6 CPC):
  • Defendant's claim to reduce plaintiff's.
• Counterclaim (Order VIII Rule 6A CPC):
  • Defendant's independent claim.
• Appeals:
  • Challenges to court decisions.

Analyzing Situational Problems in Civil Law

• "A" sues "B" for breach of contract; "A" doesn't appear on hearing date
  • Is dismissal a decree?
    • Discuss requirements of what constitutes decree, the formal adjudications etc.
  • Can "A" set aside dismissal?
    • Discuss remedies and what would constitute if they met burden
• Conjugal Rights and Counterclaim
  • Can Ravi counter sunita?
    • Discuss counterclaims and the law
• Judgement-debtor: discuss process

Key Legal Concepts and Procedures

• Indigent/Pauper Suits: it is when the government helps with legal fees.
• Delay in Civil Proceedings. and condonation thereof
• Provisions relating to Reference, Revision and Review.
• Judgement-debtor: this is an appeal or process the individual brings
• Provisions for settlement of disputes arise

Case Law

• A* sues B where B lives in Calcutta, what action is undertaken.