Very Short Important Questions:

1. Legal Representative
Legal representative is a person in law who represents the estate of the deceased and includes
any person who intermeddles with the estate of deceased and where a party sues or sued in
representative character, the person on whom the estate devolves on the death of the party so
suing or sued. S. 2(11) of CPC.
In other sense, a person who stands in the place of, and represents the interests of another called
legal representative. A person who supervises the legal affairs of another. Like executor or
administrator of an estate and a court appointed guardian of a minor or incompetent person.
2. Foreign Judgement
A foreign judgement is conclusive as to any matter directly adjudicated upon thereby but it does
not include the reasons for the judgement given by the foreign court. What is conclusive under
Section 13 is the judgement and not the reasons.
Section 13 enacts a branch of Rule of Res Judicata in its relations to foreign judgement but not
every foreign judgement is made conclusive in the Indian Courts by Section 13.
The word matter in Section 13 is not equivalent to subject-matter rather it means the right claim.
Similar to Res Judicata it is founded upon principle of sanctity of judgement competently rendered
with some differences like where Res Judicata talks of adjudicated matter and ought to be
adjudicated matter i.e. constructive res judicata but foreign judgement talks of directly
adjudicated matter not ought to be adjudicated matter.
Obviously, competency of foreign judgement has to certify the dual test of competence of the
laws where it is i.e. foreign territory and also in International Law.
3. Equitable Set off
The provisions of Rule 6 given above are for Legal Set off. However, these provisions are not
exhaustive. This means that a set off is still possible in certain situations even when some of the
above conditions are not satisfied. For example, in a transaction where by goods are exchanged
for services as well as payment, the defendant may be allowed to claim a set off for an uncertain
amount for damaged goods. In a suit by a washerman for his wages, the defendant employer
should be able to set off the price of the clothes lost by the plaintiff. In such a case, driving the
plaintiff to file another suit would be unfair. A set off in such situations is called an Equitable Set
off.
4. Decree
The decree is a decision of the court. For any decision of the court to be a decree, the
following essential elements are required:
 There must be an adjudication.
 The adjudication should be done in a suit.
 It must determine the rights of parties regarding the matter in dispute.
 The determination of the right should be of conclusive nature.
 There must be a formal expression of such adjudication.
A decree as defined under Section 2(2) of Civil Procedure Code, is a formal expression which
determines the interest of both the parties in a conclusive manner, with regards to any disputed
matter in a civil suit. Significantly, a decree is a formal expression of adjudication by which the
 court determines the rights of parties regarding the matter in a controversy or a dispute. A set-
off or a counterclaim can be obtained on the decree.
A decree shall be deemed to include
• Rejection of a plaint
• Determination of any question under Section 144 of the Act.
The decree might not include
• Any adjudication from which an appeal lies as an appeal from an order
•Any order of dismissal for default
5. Effect of fraud on the period of limitation
Section 17 of Limitation Act "Effect of fraud or mistake"
(1) Where, in the case of any suit or application for which a period of limitation is prescribed by
this Act-
a. the suit or application is based upon the fraud of the defendant or respondent or his agent; or
b. the knowledge of the right or title on which a suit or application is founded is concealed by
the fraud of any such person as aforesaid; or
c. the suit or application is for relief from the consequences of a mistake; or
d. where any document necessary to establish the right of the plaintiff or applicant has been
fraudulently concealed from him;
the period of limitation shall not begin to run until the plaintiff or applicant has discovered the
fraud or the mistake or could, with reasonable diligence, has discovered it, or in the case of
concealed document, until the plaintiff or the applicant first had the means of producing the
concealed document or compelling its production:

Provided that nothing in this section shall enable any suit to be instituted or application to be
made to recover or enforce any charge against or set aside any transaction affecting, any
property which-

i. in the case of fraud, has been purchased for valuable consideration by a person who was not a
party to the fraud and did not at the time of the purchase know, or have reason to believe, that
any fraud had been committed, or

ii. in the case of mistake, has been purchased for valuable consideration subsequently to the
transaction in which the mistake was made, by a person who did not know, or have reason to
believe, that the mistake had been made, or

iii. in the case of a concealed document, has been purchased for valuable consideration by a
person who was not a party to the concealment and, did not at the time of purchase know, or
have reason to believe, that the document had been concealed.

(2) Where a judgment-debtor has, by fraud or force, prevented the execution of a decree or
order within the period of limitation, the court may, on the application of the judgment-creditor
made after the expiry of the said period extend the period for execution of the decree or order:
 Provided that such application is made within one year from the date of the discovery of the
fraud or the cessation of force, as the case may be.

6. Plaint
A plaint is a legal document which contains the written statement of the plaintiff's claim. A
plaint is the first step towards the initiation of a suit. In fact, in the very plaint, the contents of
the civil suit are laid out.

Through such a plaint, the grievances of the plaintiff are spelled out, as well as the possible
causes of action that can arise out of the suit. A plaint which is presented to a civil court of
appropriate jurisdiction contains everything, including facts to relief that the plaintiff expects to
obtain.

Although it hasn't been defined in the CPC, it is a comprehensive document, a pleading of the
plaintiff, which outlines the essentials of a suit, and sets the legal wheels up and running.
Order VII of the CPC particularly deals with a plaint. A few of the essentials of a plaint implicit in
itself are those only material facts, and not all facts or the law as such is to be stated, the facts
should be concise and precise, and no evidence should be mentioned.
7. Promissory Note
A promissory note is defined under section 4 of The Negotiable Instruments Act, 1881 [1], and it
should have a) Writing b) Unconditional c) signed by the maker d) certain money, which should
be specific amount e) to a certain person or the bearer of the promissory note. Section 22 explains
the maturity of a promissory note is the date at which it falls due. This due date is important in
filing the case. Payment of interest is as per section 79 if the interest rate is specified or section
80, if the interest rate is not specified on the promissory note.
8. Revision
Revision means to go through something carefully, thoroughly and diligently. Cases can be revised
by the High Court as it possesses revisional jurisdiction as defined under Section 115 of the Code
of Civil Procedure. The High Court has the right to revise cases decided by subordinate courts to
ensure delivery of justice and maintenance of fairness.
The primary objective of a revisional authority of the High Court empowered by Section 115 is to
ensure that no subordinate court acts arbitrarily, illegally, capriciously, irregularly or exceeds its
jurisdiction; and allows the High Court to guarantee the delivery of justice while ensuring that the
proceedings are conducted in accordance with the rule of law and furtherance of fairness. It must
be noted that the judges of subordinate courts have the absolute authority to decide on cases.
They do not commit any “jurisdictional error” even when they wrongfully or extra-judicially decide
a case. The High Court has the power to revise these jurisdictional errors committed by
subordinate courts. This provides an opportunity to any aggrieved party to rectify a non-
appealable order by a subordinate court.

The High Court can revise any case by a subordinate court in which no appeal lies when:

The subordinate court has exercised jurisdiction not vested in it by law.

The subordinate court has failed to exercise jurisdiction vested in it by law.
 The subordinate court exercises its jurisdiction illegally or with material irregularity or in breach
of some provision of the law or by committing some errors of procedure in the course of the trial
which may have affected the ultimate decision.

 Conditions for Revision

o Precedents
o No appeal lies
o Jurisdictional error
o Subordinate court

9. Movable Property
Movable property refers to assets that can be moved from one place to another like vehicles,
jewellery etc.

Order XXI Rule 79 reads that where a moveable property is to be sold, of which actual seizure has
been made, it shall be delivered to the purchaser. Where a moveable property is in the possession
of some person other than the judgement-debtor, the delivery to the purchaser shall be made
after giving the notice to the person in possession prohibiting him to deliver the property to any
other person except the purchaser.

Order XXI Rule 31 provides that where the decree is for any specific moveable property or for any
share in such property, it may be executed by the seizure of that property or share and by delivery
to the party to whom it has been adjudged, or to such person who is appointed for receiving
delivery on his behalf.

10. Decree Holder

Under Section 2(3) of the Civil Procedure Code, any person in whose favour a decree or an order
capable of execution has been passed, he/she is referred to as the Decree Holder. Accordingly,
any decree passed in favour of a person who is not even a party to the suit shall also be
considered as the Decree holder under the code.
11. Estoppel
When one person has, by his declaration or by his act, intentionally caused or permitted another
person to believe a thing to be true and to act upon such belief neither he nor his representative
shall be allowed, in any suit or proceeding between himself and such person or his
representative, to deny the truth of that thing.

Estoppel is based on the principle of equity. When one person has included the other person by
his act, omission or declaration to believe something and the other person had taken some
steps on believing that statement, it would be unjust and inequitable to allow the former to
deny from his former statement.
12. Caveat under CPC
The caveat petition is filed in accordance with Section 148 of the Civil Procedure Code. In
general, a caveat denotes ‘a warning or caution, beware’. It is a frequent term in law that is
intended to warn someone that there may be a hidden problem.
 It is defined in law as a formal notice or warning sent to a court, judge, or ministerial officer by
an interested party in opposition to particular conduct within his or her competence and
jurisdiction. The Court views a Caveat as a caution or warning issued to the court by a person
that the court should not pass any judgment, or ex-parte order/order without prior notice or
without hearing the person who is known as a caveator. And get details about legal notice for
caveat.

A caveat is a right granted to a party in legal proceedings to avoid ex-parte rulings or judgments.

The Caveat may be lodged in the form of a petition under the following circumstances:

 During an ongoing suit or litigation and in that the application is already been made or is
expected to be made;
 The suit is about to be instituted and in that suit, an application is expected to be made.
13. Judgement Debtor
A person who is liable to pay a debt or damages to the judgment creditor in accordance with a
judgment entered by a court against him, is called Judgment debtor. In simple terms, a person
against whom a judgment in respect of monetary award has been obtained, is regarded as
Judgment Debtor. If a court renders a judgment involving money damages, the losing party must
satisfy the amount of the award, which is referred to as judgment debt. Such decision grants the
judgment creditor, the right to recover the debt or award through extraordinary means with the
help of the court.
Section 2 (10) of the Code defines Judgment debtor as any person against whom a decree has
been passed or an order capable of execution has been made.
14. Precepts
Section- 46, (1) Upon the application of the decree-holder the Court which passed the decree
may. whenever it thinks fit, issue a precept to any other Court which would be competent to
execute such decree to attach any property belonging to the judgment-debtor and specified in
the precept.
(2) The Court to which a precept is sent shall proceed to attach the property in the manner
prescribed in regard to the attachment of property in execution of a decree:
Provided that no attachment under a precept shall continue for more than two months unless
the period of attachment is extended by an order of the Court which passed the decree or
unless before the determination of such attachment the decree has been transferred to the
Court by which the attachment has been made and the decree-holder has applied for an order
for the sale of such property.

Precept is an order or direction given by the court, which passed the decree, to any other Court
which would be competent to execute a decree to attach any property belonging to the
judgment-debtor.

Concise Oxford Dictionary defines precept as “a command”, “an order”, “a writ” or “a warrant“.
 Naturally, the Court, whose duty ordinarily is to execute a decree, is the Court which passed that
decree. There may be circumstances, however, in which a Court finds it difficult to execute its
decree. For instance, the judgment-debtor may not have enough property within its jurisdiction
to satisfy the decree, or the judgment-debtor may be outside the jurisdiction of the Court so
that a warrant against his person cannot be executed against him.

Section 38 of the Code, therefore, provides that a decree may be executed “either by the Court
which passed it or by the Court to which it is sent for execution”
15. Suit of Civil Nature
Under the Civil Procedure Code, 1908, a civil court is competent to try a suit when,
1. The suit is of civil nature.
2. The cognizance of such a suit should not be expressly or impliedly barred.

What Is Suit of Civil Nature

In the suit, if the principal question relates to the determination of a civil right, then the suit is of
a civil nature. The expression suit of civil nature covers the private rights and obligations of a
citizen. If the principal question relates to caste or religion, it is not a suit of civil nature.

The following can be held to be suits of civil nature:

1. Suits for damages for breach of contract.
2. Suits for specific relief.
3. Suits for conjugal rights.
4. Suits for the right of worship.
5. Suits for rent and so on.
Some suits that are not of civil nature are:
1. Suits involving purely religious rites.
2. Suits for mere dignity or honour.
3. Suits against compulsion from caste and so on
16. Temporary Injunction
Section 94 – This section tries to prevent the defeat of justice. Sub clause (c) refers to awarding
temporary injunctions and, in the event of non-compliance, even condemning the individual to
civil prison or ordering the attachment and sale of his property.

Section 95 – If the Plaintiff’s claim is dismissed, the Court may award the Defendant to
compensate if he requests it.

A temporary injunction is an interim remedy to maintain the status quo of the parties with
regards to the property in dispute during the pendency of the case. The aim of temporary
injunctions in the Indian law is to protect a party to the suit against injury by violation of his right
for which he could not be adequately compensated in damages recoverable in the action if the
uncertainty were resolved in his favor at the trial. The aforementioned aim was highlighted in
the case of M/S Gujarat Pottling Co. Ltd. & Ors v. The Coca Cola Company & Ors. (1995).
17. Mesne Profits
 Section 2(12) of the Code of Civil Procedure, 1908 defines the term “mesne profits”. The Delhi
High Court in the notable case of Phiraya Lal Alias Piara Lal vs Jia Rani And Anr (1973)
interpreted the meaning of the term “mesne profit” by observing that when a party claims
damages to recover the loss resulted from wrongful occupation of immovable property by a
trespasser that originally belonged to the party then such damages will be known as mesne
profits. The definition provided by Section 2(12) includes the exception of mesne profits which is
the profits obtained from the improvements made by the wrongful possessor in the property
will not fall under the ambit of mesne profits. The three significant takeaways from Section
2(12) of the Code have been laid down hereunder;
 It is to note that the definition has attached importance to due diligence for obtaining
mesne profits.
 Mesne profits can only be awarded if the property in concern was unlawfully occupied
thereby depriving the original owner of his rights.
 Interest is a fundamental part of mesne profits under Section 2(12).
Order XX Rule 12 of the Code of Civil Procedure, 1908 lays down the provision for the passing of
the decree by a competent civil court where there exists a suit for recovery of immovable
property possession, rent, or mesne profits. Put simply, a civil court while presenting the rights
of the parties involved in a suit concerning mesne profits, will rely on Rule 12 of Order XX.
18. Order vs Decree

Definition
Firstly, a decree is defined under Section 2(2) of the CPC as the formal expression of an
adjudication which, so far as regards the Court expressing it, conclusively determines the rights
of the parties with regard to all or any of the matters in controversy in the suit and may be
preliminary or final.

On the other hand, an order is defined under Section 2(14) of the CPC as the formal expression
of any decision of a civil court which is not a decree.

Finality
Secondly, a decree may be either preliminary, final, or partly preliminary and partly final.
However, an order is always final in nature.

Appealability
An appeal can lie only against a decree, not an order. A decree is appealable except in cases
where the law explicitly bans it. However, most orders are non-appealable, except those
specified in Section 104 and Order 43 Rule 1 of CPC.

Institution
A decree is passed in a suit instituted upon presenting a plaint. On the other hand, an order is
given in a suit that may be instituted upon the presentation of either a plaint, an application, or
a petition.

Ascertainment of the rights of parties

 As discussed earlier, a decree determines the substantive rights of the parties to a suit.
Contrarily, an order concerns only their procedural rights.

The number of decrees/ orders

Generally, there is only one decree in a suit. However, there may be as many orders as needed
in the suit.
19. Grounds a plaint can be rejected
 Where it does not disclose the cause of action- if the plaintiff fails to mention the facts
which give him right to seek relief against the defendant and the necessary facts that
are required to prove wrong done by a defendant against the plaintiff, then in such
cases the plaint can be rejected. [2]
 Where the relief claimed by the plaintiff is undervalued, or fails to correct the same on
the direction of the court within a given period.
 Where plaint is properly valued and relief under it but the plaint gets rejected on the
ground of insufficient papers or papers not properly attested or stamped, where the
plaintiff does not present the plaint in accordance to the Court-fees Act.
 Where the suit is time-barred.
 In every suite, a duplicate file of the plaint needs to be filed by the plaintiff. If this
requirement is not fulfilled, the plaint is rejected.
 Where the plaintiff fails to act in accordance with Rule 7 and Rule 9, the plaint can be
rejected.
Provision of Rejection of Plaint under the CPC
 Procedure for rejection of plaint- “for rejection of plaint the judge shall record order
with valid reasons for the passing of such order. Recording reasons is very important
when the judge rejects any plaint.”[3]
Therefore, an order needs to be recorded by the judge in case of rejection of the plaint. Reasons
for such rejection should also be noted by the judge.

 Where rejection of plaint does not preclude the presentation of fresh plaint— “The
rejection of the plaint on any of the grounds hereinbefore mentioned shall not of its
force preclude the plaintiff from presenting a fresh plaint in respect of the same cause
of action.” [4]
If the plaint is rejected on any of the grounds mentioned under Order 7 Rule XI shall not
preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.
20. Application by whom to set aside sale of immovable property
Section -37-A: Application to set aside sale of immovable property on deposit.-- (1) Any person
owning or claiming an interest in immovable property sold under this Act may at any time within
thirty days from the date of sale, deposit in the treasury of the taluk in which the immovable
property is situated,-
(a) a sum equal to five per centum of the purchase money;
(b) a sum equal to the arrears of revenue for which the immovable property was sold, together
with interest thereon and the expenses of attachment, management and sale and other costs
due in respect of such arrears, and may apply to the Collector to set aside the sale.
 (2) If such deposit and application are made within thirty days from the date of sale, the
Collector shall pass an order setting aside the sale, and shall repay to the purchaser the
purchase money so far as it has been deposited, together with the five per centum deposited by
the applicant:
Provided that if more persons than one have made deposit and application under this section,
the application of the first depositor to the officer authorized to set aside the sale shall be
accepted.
(3) If a person applies under section 38 to set aside the sale of immovable property he shall not,
unless he withdraws such application, be entitled to make an application under this section.]
21. Effect of Acknowledgement of Liability on the limitation:

(1) Where before the expiration of the prescribed period for a suit or application in respect or
any property or right, an acknowledgment of liability in respect of such property or right has
been made in writing signed by the party against whom such property or right is claimed, or by
any person through whom he derived his title or liability, a fresh period of limitation shall be
computed from the time when the acknowledgment was so signed.

(2) Where the writing containing thee acknowledgement is undated, oral evidence may be given
of the time when it was signed; but subject to the provisions of the Indian Evidence Act,1872 ( 1
of 1872), oral evidence of its contents shall not be received.

Explanation - For the purposes of this section, -

a. an acknowledgment may be sufficient though it omits to specify the exact nature of the
property or right, or avers that the time for payment, delivery, performance or enjoyment has
not yet come or is accompanied by refusal to pay, deliver, perform or permit to enjoy, or is
coupled with a claim to set-off, or is addressed to a person other than a person entitled to the
property or ornight;

b. the word "signed" means signed either personally or by an agent duly Authorized in this
behalf ; and

c. an application for the execution of a decree or order shall not be deemed to be an application
in respect of any property or right.

Short Answer Type Questions:

1. Indigent Person? How can a suit be filed by Indigent Person?
Taking into consideration the poverty rate of India, it is quite challenging for the deprived
section of society to institute a case in court and bear all the litigation expenses. But simply
saying that these vulnerable people don’t stand a chance in court, is not the solution. One such
solution is enshrined under Article 39A of the Indian Constitution that protects the interests of
vulnerable segments of society. It provides free legal aid to the poor and weaker sections of
society and ensures justice for all. Besides Article 39A, Articles 14 and 22 (1) of the Indian
 Constitution provide that it is obligatory on the part of the State to ensure equality before the
law and provide a legal system that aims at promoting justice.

A person is an indigent person if he is not possessed of sufficient means (other than the
property exempt from attachment in execution of a decree and the subject matter of the suit)
to enable to pay the fee prescribed by law for the plaint in such suit. The concept is well
explained in the case of Rabinder Singh VS. Maheshwar Rao, 1997 BLJR 1568 by Patna High
Court that the person having sufficient means cannot be allowed to sue as an indigent person. It
was further more clarity was brought by Orissa High Court in the MangluChattar vs.
MaheswarBhoi in which it was stated that, the tools of artisans are exempted from attachment.

Where no such fees is prescribed, if he is not entitled to property worth one thousand rupees
other than the property exempted from attachment in execution of a decree and the subject
matter of the suit. In A.A. HajaMuniuddin v. Indian Railways, (1992) 4 SCC 736, this Court has
observed: Access to justice cannot be denied to an individual merely because he does not have
the means to pay the prescribed fee.

Before filing a suit as an indigent person begins, it is important to add all the relevant contents
in the application seeking permission to be an indigent person [Rule 2]. As per Rule 2 of Order
XXXIII, the application must include the particulars similar to what is mentioned in the plaint and
all movable or immovable properties of the indigent person/applicant along with its estimated
value.

The indigent person/applicant shall himself in person present the application before the court.
In case, such a person is exempted from appearing in the court, an authorized agent may
present the application on his behalf. In certain circumstances where there are two or more
plaintiffs, the application can be presented by any of them. [Rule 3]. The suit begins as soon as
the application to sue as an indigent person is duly presented before the court. Subsequently,
the indigent person/applicant is examined by the court. However, if the applicant is being
represented by his agent, then in such a case, the court may examine the applicant by the
commission [Rule 4].

Summarizing up the indigent person under Order 33 is one who is either not possessed of
sufficient means to pay court fee when such fee is prescribed by law or is not entitled to
property worth one thousand rupees when such court fee is not prescribed. In both the cases,
the property exempted from the attachment in execution of a decree and the subject-matter of
the suit shall not be taken into account to calculate financial worth or ability of such indigent
person. If a person fails in his action as an indigent person then he is bound to pay the court fee
of the respective court, and the remaining damages have to be borne by the State Government
as if they had committed the wrong. Whereas if indigent person won the case then he cannot be
held liable to any kind of expenses, fee or damages.

2. Main Characteristics of – Law of Limitation. “Limitation bars remedy but not extinguish the
right”.
Section 3 lays down the general rule that if any suit, appeal or application is brought before the
Court after the expiry of the prescribed time then the court shall dismiss such suit, appeal or
application as time-barred. The law of limitation only bars the judicial remedy and does not
extinguish the right. In other words, It means that the statute of limitation prescribes only the
period within which legal proceedings have to be initiated. It does not restrict any period for
setting up a defence to such actions. Hence, the original right to suit is not barred. However,
Section 27 is an exception to this rule.

The Supreme Court in Punjab National Bank and Ors v. Surendra Prasad Sinha held that the rules
of limitation are not meant to destroy the rights of the parties. Section 3 only bars the remedy
but does not destroy the right which the remedy relates to.

In case of Against the Judgement in As 15/1996 v. K.J Anthony, the Court held that a defendant in
a suit can put forward any defence though such defence may not be enforceable in the court, for
being barred by limitation.

It was held in Bombay Dyeing and Manufacturing v. State of Bombay that the statute of limitations
only bars the remedy but does not extinguish the debt.

Limitation Does Not Bar Defence

The law of limitation does not restrict the defendant if he raises a legitimate plea in his defence
even though the suit is time-barred. It was held in Rullia Ram Hakim Rai v. Fateh Singh, the bar of
limitation does not stand in the way of defence. It only bars action and it is only its recovery that
is time-barred. There is no provision that prohibits or prevents a debtor from clearing his time-
barred outstandings.

The Supreme Court observed in Shrimant Shamrao Suryavanshi v. Pralhad Bhairoba Suryavanshi,
the Limitation Act takes away the plaintiff’s remedy to enforce his rights by bringing an action in
a court of law, but it does not place any restriction on the defendant to put forward his defence
though such defence is barred by limitation and is unenforceable in the Court.

The Salient Features are:

 The Limitation Act contains 32 Sections and 137 Articles. The articles have been divided
into 10 parts. The first part is relating to accounts, the second part is relating to contracts,
the third part is relating to declaration, the fourth part is relating to decrees and
instrument, the fifth part is relating to immovable property, the sixth part is relating to
movable property, the seventh part is relating to torts, the eighth part is relating to trusts
and trust property, the ninth part is relating to miscellaneous matters and the last part is
relating to suits for which there is no prescribed period.
 There is no uniform of limitation for the suits under which the classifications has been
attempted.
 The limitation period is reduced from a period of 60 years to 30 years in the case of suit
by the mortgagor for the redemption or recovery of possession of the immovable
property mortgaged, or in case of a mortgages for the foreclosure or suits by or on the
 behalf of Central Government or any State Government including the State of Jammu and
Kashmir.
 Whereas a longer period of 12 years has been prescribed for different kinds of suits
relating to immovable property, trusts and endowments, a period of 3 years has been
prescribed for the suits relating to accounts, contracts and declarations, suits relating to
decrees and instruments and as well as suits relating to movable property.
 A period varying from 1 to 3 years has been prescribed for suits relating to torts and
miscellaneous matters and for suits for which no period of limitation has been provided
elsewhere in the Schedule to the Act.
 It is to be taken as the minimum period of seven days of the Act for the appeal against
the death sentence passed by the High Court or the Court of Session in the exercise of the
original jurisdiction which has been raised to 30 days from the date of sentence given.
 One of the main salient feature of the Limitation Act, 1963 is that it has to avoid the
illustration on the suggestion given by the Third Report of the Law Commission on the
Limitation Act of 1908 as the illustration which are given are most of the time unnecessary
and are often misleading.
 The Limitation Act, 1963 has a very wide range considerably to include almost all the Court
proceedings. The definition of ‘application’ has been extended to include any petition,
original or otherwise. The change in the language of Section 2 and Section 5 of the
Limitation act, 1963 includes all the petition and also application under special laws.
 The new Act has been enlarged with the definition of ‘application’, ‘plaintiff’ and
‘defendant’ as to not only include a person from whom the application. Plaintiff or
defendant as the case may be derives his title but also a person whose estate is
represented by an executor, administrator or other representatives.
 According to Sections 86 and Section 89 of the Civil Procedure Code, it requires the
consent of the Central Government before suing foreign rulers, ambassadors and envoys.
The Limitation Act, 1963 provides that when the time obtained for obtaining such consent
shall be excluded for computing the period of limitation for filing such suits.
 The Limitation Act, 1963 with its new law signifies that it does not make any racial or class
distinction since both Hindu and Muslim Law are now available under the law of limitation
as per the existing statute book. In the matter of Syndicate Bank v. Prabha D. Naik, (AIR
2001 SC 1968) the Supreme Court has observed that the law of limitation under the
Limitation Act, 1963 does make any racial or class distinction while making or indulging
any law to any particular person.

3. Inherent powers of Civil Court.

Provisions of Section 148 to 153B of CPC
The law relating to inherent powers of Court is mentioned in Section 148 to Section 153A of the
Civil Procedure Code, which deals with the exercise of powers in different situations. Following
are the provisions of Inherent powers of Courts:

Section 148 and Section 149 deals with grant or enlargement of time;
Section 150 deals with the transfer of business;
Section 151 protects the inherent powers of the courts; and
Section 152, 153 and Section 153A deals with amendments in judgments, decrees or orders or in
separate proceedings.

Enlargement of time
Section 148 of the CPC states that where any term is fixed or awarded by the Court for the doing
of any act provided by CPC, it is the discretionary power of the Court that Court may enlarge
such period from time to time, even though the term originally fixed or awarded may have
departed.

In simple words, when a term is fixed by provision for the doing of any act, the Court has the
power to extend such period up to 30 days. This power is exercisable in the deficiency of any
specific provision to the contrary which reduces or rejects or withholds the period. The power is
limited to the extension of the time fixed by it and is of a discretionary nature.

Payment of court fees

According to Section 149 of CPC, “Where the entire or a portion of any fee commanded for any
certificate by the law for the time being in force relating to court-fees has not been met, the
Court may, in its discretion, at any step, permit the person by whom such fee is payable, to pay
the whole or part as the case may be, of such court-fee; and upon such payment, the document,
in regard of which such fee is payable, shall have the same force and result as if such fee had
been paid in the initial situation.”

It permits the court to allow a party to make up for the lack of court fees due on a complaint or
notice of appeal etc., even after the expiry of the limitation period for filing of the lawsuit or
appeal, etc. Payment of the expected court fee is compulsory for any document imputable with
court-fee to be presented in the court. If the necessary court fee is paid within the time set by
the court, it cannot be negotiated as time-barred. Such payment made within the time fixed by
the court retrospectively validates a faulty document. The power of the court is discretionary
and must be exercised only in the importance of justice.

Transfer of business
According to Section 150 of CPC, “Save as otherwise granted, where the business of any Court is
assigned to any other Court, the Court to which the business is so assigned shall have the same
authority and shall make the same duties as those sequentially presented and forced by or
under this Code upon the Court from which the business was so assigned.”

For example- When the business of a court A is transferred to any other court B, the court B will
exercise the same power or perform the same duties given or commanded by CPC upon the
transfer court.

Section 151 of CPC

Section 151 deals with “Saving of inherent powers of Court.” This Section states that ‘Nothing in
CPC shall be considered to restrict or otherwise affect the inherent power of the Court to make
such orders as may be important for the ends of justice or to limit abuse of the method of the
 Court.’ It is not obligatory for the court to wait for the law made by parliament or order from the
higher judiciary. Court has discretionary or inherent power to make such order which is not
given in terms of laws for the security of justice or to check misuse of the method of the Court.

Summary of Provisions of Inherent powers of Courts

A summary of Section 148 to Section 153B is that the powers of the court are quite deep and
extensive for the scope of:

 Reducing litigation;
 Evade multiplicity of proceedings; and
 To supply full and complete justice between the parties.

4. Appeal Vs. Reference

APPEAL
The word “appeal” has not been defined in The Code of Criminal Procedure, 1973, (hereinafter
CrPC), however, it can be described as the judicial examination of a decision, given by a lower
court, by a higher court. The Merriam-Webster dictionary defines appeal as “a legal proceeding
by which a case is brought before a higher court for review of the decision of a lower court”

It needs to be pointed out that except for the statutory provisions laid down by CrPC or any
other law which is in force, an appeal cannot lie from any judgment or an order of a criminal
court.[3] Thus, there is no vested right to appeal as such as even the first appeal will be
subjected to statutory limitations. The justification behind this principle is that the courts which
try a case are competent enough with the presumption that the trial has been conducted fairly.
However, as per the proviso[4], the victim[5] has a right to appeal against any order passed by
the Court under special circumstances comprising of a judgment of acquittal, conviction for
lesser offence or inadequate compensation.

REVISION
The word “revision” has not been defined in CrPC, however, as per Section 397 of CrPC, the High
Court or any Sessions Judge have been empowered to call for and examine the records of any
proceeding satisfy oneself:

as to the correctness, legality, or propriety of any finding, sentence or order, whether recorded
or passed, and
as to the regularity of any proceedings of an inferior court.
Moreover, they have the powers to direct the execution of any sentence or an order to be
suspended. Not just this, but to even direct to release the accused on bail or on his own bond if
the accused is in confinement. They may even order an inquiry subject to certain limitations.[19]
It is clearly evident that the appellant courts have been granted such powers so as to obviate
any failure of justice.

Reference-
Reference in lay terms as a consultation of various sources of information from the trial
 court. Reference is simply an application made by the trial court to a higher court tor the
explanation of an Act, Legislation, and Regulation pertaining to the case at hand.
As such, there will be a thorough examination of the laws to find out at there as a
misunderstanding of a misapplication or a reevaluation or the facts or the case in tandem
with the application of the law: Reference is covered under Chapter XXX particularly
sections 395-396 of the criminal Procedure Code.
Section 395 defines a Reference as where there is a case before a trial court and such case
involves a question pertaining to the validity of a Regulation, Ordinance or Act or any
provisions of the Regulations, Ordinance or act, which is necessary for the
determination of the criminal case. Such Act, Regulations or Ordinance mar be
inoperative or invalid but a higher court such as the Supreme Court or the High Court
has not declared at so.
As such, the lower court or the trial court will refer to the higher court for its reason or
opinion Such opinion or reason mar form the basis of the Court's decision. In such
instance, the accused mar be committed to prison or set on bail pending the return of the
reason or opinion by the higher court

Difference between an Appeal, Reference and Revision

APPEAL REFERENCE REVISION

It is defined under Chapter It is defined under Chapter XXX It is defined under Chapter XXX
XXIX of the Criminal of the Criminal Procedure Code. of the Criminal Procedure Code.
Procedure Code.

It is defined from Section It is defined from Section 395- It is defined from Section 397-
372- 394 of the Criminal 396 of the Criminal Procedure 402 of the Criminal Procedure
Procedure Code . Code . Code .

An appeal is made to the Reference is made to the higher Revision is made to both higher
higher court on the points of court on the points of the law. and lower court on the already
the fact and laws. adjudicated matters.

The Appeal begins on the The Reference occurs while the The revision begins under the
determination of the case. case is still pending in the court. final judgment or final order or
final decision of the court.

An appeal or petition is to be Reference is to consult the High Revision is to review, change or

filed against the decision Court on insolvency or invalid amend any grammatical,
passed by the lower court. law, act, regulation or ordinance clerical or arithmetic error by a
related to the case at hand. trial court or high court.
APPEAL REFERENCE REVISION

In some cases, an appeal can Reference is made by the trial The revision can be initiated by
be filed with leave of the court to the High Court. the trial court suo moto or the
court by an aggrieved person High Court.
or accused.

5. Res Subjudice
6. Non-joinder & Mis-joinder of Parties
7. Counter Claim
8. Cause of Action Clause – Suit
9. Basic rules of Pleading? When can leave to amend pleading be granted?
10. Procedure in a suit to be filed against the government
11. Revision Vs Review
12. Procedure for institution of suits by and against a minor or person of unsound mind.

Long Answer Type Questions:

1. Reference? When can a reference be made by subordinate court to High Court? Reference Vs
Review Vs Revision.
2. Res-judicate? Necessary condition to Constitute res-judicata
3. Provisions for attachment under the CPC. Exceptions?
4. Plaint? Necessary particulars in a Plaint?
5. Summons? Essential elements of Summons? Various modes of service of summons on
defendant.
6. Written Statement? Distinguish between Counter Claim & Set off.
7. Set-off? Legal-Set off Vs Equitable Set Off?
8. Fundamental Rules of Pleadings. In what circumstances pleading can be amended ?
9. Grounds on which court can commute limitation time
10. Properties which can be attached by a court
11. Who can file Pauper Suit? Procedure?
12. Decree – Essential Elements – Preliminary Decree Vs Final Decree
13. Ex-party decree – Procedure for setting aside ex-party decree.
14. Temporary injunction? When & in what matters temporary injunction can be granted?
15. Law of Limitation – Nature & Characteristics
16. Legal Disability – Limitations Act
17. Provisions in determination of Forum for filing a suit
18. Arrest & Attachment – Before Judgement
19. Appeal Vs Revision Vs Review
20. Written Statement – Counterclaim vs Set off
21. Plaint? What particulars a Plaint contains
22. Not sufficient cause for extension of Period of Limitation
23. Inherent powers of the Court as provided in CPC
24. Summon – Essential Elements, Modes of Service.