UNIT 1

TOPIC 1 STAGES OF CIVIL SUIT

1. Presentation of the Plaint (Order 7 of CPC 1908)

The filing of the plaint initiates the legal process and commences the civil suit. It is a formal
document that outlines the plaintiff’s claim and sets the judicial machinery into motion. The plaint
is the primary pleading by the plaintiff and must contain essential details for the court to
understand the nature of the claim. Key elements of a valid plaint include:

● Court Information: The name of the court where the suit is filed must be clearly
specified, ensuring the proper jurisdiction.
● Identification of Parties: The full name and place of residence of both the plaintiff and
the defendant.
● Age and Mental Condition: Mention if any party, whether plaintiff or defendant, is a
minor or of unsound mind. This is crucial, as special legal provisions apply in such
cases.
● Cause of Action: Facts that constitute the cause of action, explaining the basis for the
plaintiff’s grievance and the timing of when the cause arose.
● Jurisdictional Basis: Facts that establish the court’s jurisdiction to entertain the suit,
ensuring that the suit is filed in the appropriate legal forum.
● Relief Claimed: A clear statement of the specific relief or remedy the plaintiff seeks from
the court.
● Monetary Damages (if applicable): In money suits, the exact amount claimed as
damages.
● Defendant’s Liability: Evidence and facts showing why the defendant is liable.
● Document List: A list of documents submitted alongside the plaint that substantiate the
claims made by the plaintiff.

Upon filing, the court will review the plaint to ensure compliance with legal standards and, if
deemed appropriate, proceed with the registration of the case.

2. Issue and Service of Summons on Defendant (Order 5 of CPC 1908)

Once the plaint is accepted and registered, the court proceeds to issue a summons to the
defendant. The purpose of the summons is to notify the defendant of the suit filed against them,
providing them an opportunity to present a defense. The summons includes:

● Court Seal and Judge’s Signature: Ensuring authenticity, the summons is stamped
with the court seal and signed by the judge.
 ● Date and Appearance Requirements: A specified date for the defendant to appear in
court and, if required, for the plaintiff to be present.
● Personal Appearance: The court may order the defendant to appear in person if they
reside within the court’s jurisdiction or are located within 50 miles (or 200 miles by
railway) from the court.
● Delivery: The summons must be delivered to the defendant to ensure that they are fully
aware of the court’s requirement for their appearance.

This stage is critical as it formally informs the defendant of the legal action initiated, setting the
stage for them to respond to the claims made by the plaintiff.

3. Appearance of the Parties (Order 9 of CPC 1908)

Upon receiving the summons, the defendant is required to appear before the court on the
appointed date. The defendant may appear in person or appoint a representative, such as a
lawyer, to act on their behalf. Possible outcomes during this stage include:

● Ex Parte Proceedings: If the defendant fails to appear, the court may choose to
proceed ex parte, meaning the suit will proceed without the defendant’s involvement.
● Dismissal of Suit: If the plaintiff fails to appear, the court may dismiss the suit.
● Double Absence: If both parties are absent, the court generally dismisses the suit
altogether.

If the summons indicates a final hearing, the defendant must present evidence and arguments
supporting their defense at this time.

4. Ex-Parte Decree (Order 9 of CPC 1908)

If the defendant does not appear on the designated date, the court may pass an ex-parte
decree (a decision made in the absence of the defendant). An ex-parte decree may occur under
the following circumstances:

● The defendant does not file a written statement within the stipulated time.
● There is no response from the defendant, allowing the court to decide based solely on
the plaint.
● If the plaintiff is present while the defendant is absent, the court may proceed to hear the
suit and pass a judgment ex-parte.

An ex-parte decree is binding unless set aside by the court on valid grounds presented by the
absent defendant at a later date.
5. Filing of the Written Statement by the Defendant (Order 8 of CPC 1908)

Within 30 to 90 days (as allowed by the court), the defendant is expected to submit a written
statement as their formal response to the plaint. The written statement addresses each
allegation made by the plaintiff and may also introduce counterclaims. Essential aspects of the
written statement include:

● Rebuttal of Claims: Denying allegations made in the plaint and explaining the
defendant’s position.
● Counterclaims and New Facts: The defendant may introduce additional facts or
counterclaims.
● Document List: A list of documents supporting the defense must be attached, and any
unlisted documents will not be accepted later as evidence.

Failing to file a written statement within the permitted time can lead to a judgment based solely
on the plaint.

6. Production of Documents by the Parties (Order 13 of CPC 1908)

After the written statement, both parties must submit all relevant documents in their possession
to the court. If a crucial document is not in a party’s possession, they may request the court to
issue a summons to retrieve it from the person holding it. This process ensures transparency
and substantiates each party's claims and defenses.

7. Examination of Parties (Order 10 of CPC 1908)

During the first hearing, the court examines the parties to clarify their stance on the allegations.
The judge may pose questions orally, and the answers (denials or admissions) are recorded in
writing. This stage helps the court identify key areas of dispute, ensuring efficiency in
subsequent proceedings.

8. Framing of Issues by the Court (Order 14 of CPC 1908)

Based on the examination, the court formulates specific issues that define the core disputes in
the case. Each issue is addressed individually in the judgment, providing clarity on each point of
contention. If the defendant has no defense, the court may proceed to deliver a judgment
without framing issues.
9. Summoning and Attendance of Witnesses (Order 16 of CPC 1908)

After issues are framed, the parties submit a list of witnesses within the timeframe appointed by
the court (usually no later than 15 days). Witnesses are summoned to testify or produce
documents during the trial, providing vital evidence to support the claims of each party.

10. Hearing of Suits and Examination of Witnesses (Order 18 of CPC 1908)

During the trial:

● The party responsible for proving an issue begins with their case presentation, producing
evidence.
● The opposing party then presents their case and evidence.
● Witnesses are examined and cross-examined by both parties, with the plaintiff’s counsel
questioning the defendant’s witnesses and vice versa. This process allows the court to
assess the credibility of the evidence presented.

11. Arguments (Order 18 of CPC 1908)

Following the examination of witnesses, both parties deliver their closing arguments. Each side
summarizes its case and presents its legal reasoning, linking evidence to the disputed issues.
This helps the judge evaluate the entire case before delivering judgment.

12. Judgment (Order 20 of CPC 1908)

Judgment is the formal decision delivered by the judge, outlining the reasons and conclusions of
the court. The judgment is based on the arguments, evidence, and issues framed earlier. It may
be announced immediately after the hearing or within one month, providing the parties with the
court’s final position on the case.

13. Preparation of Decree (Order 20 Rule 6 & 6A of CPC 1908)

Following the judgment, a decree is prepared by the court’s clerk, detailing the specifics of the
judgment. The decree includes:

● Suit number.
● Names, descriptions, and addresses of parties.
● Claims and the reliefs awarded to the plaintiff.

The decree is a formal and enforceable document embodying the rights of the parties as
determined by the judgment.

14. Execution of Decree (Order 21 of CPC 1908)

The final stage involves the execution of the decree, where the decree-holder enforces the
court’s mandate. Execution is considered complete once the decree-holder receives the
awarded relief, such as money or property, compelling the judgment-debtor to fulfill the court’s
order.

TOPIC 2 DECREE, JUDGMENT AND ORDER

What is a Decree?

A decree is a legally binding order issued by a civil court at the conclusion of a case. It
represents the final determination of the rights of the parties involved in the suit. Decrees are
defined under Section 2(2) of the Code of Civil Procedure (CPC), 1908. When a decree is
issued, it either fully or partially settles the matter in dispute, providing a conclusive outcome
that can be enforced through legal processes.

A decree must contain the following essential elements:

1. Adjudication: The court has thoroughly reviewed and decided on the matter.
2. Suit: A decree is issued only in civil cases, not in criminal cases or other legal
proceedings.
3. Rights of the Parties: It determines the specific rights and obligations of each party in
the case.
4. Conclusive Determination: It is intended to resolve the legal rights of the parties in a
final manner, leaving nothing more to be decided.
5. Formal Expression: It is a formal, written document signed and sealed by the judge,
which confers a certain legal solemnity.
Types of Decrees

Decrees are generally classified into three types:

1. Preliminary Decree:
○ A preliminary decree does not completely resolve the case. Instead, it determines
the rights of the parties on certain matters, but further proceedings are necessary
to reach a final resolution.
○ Example: In a partition suit where multiple heirs are claiming shares in property,
a preliminary decree might specify the share each person is entitled to but delay
the actual division of property until a later stage.
2. Final Decree:
○ A final decree conclusively settles the matter and leaves nothing further for the
court to decide. It is enforceable, and the rights and obligations outlined are
binding.
○ Example: Following a preliminary decree in a partition suit, a final decree could
be issued that physically divides the property, fully resolving the dispute.
3. Partially Preliminary and Partially Final Decree:
○ Some decrees contain both preliminary and final elements, addressing certain
parts of the case definitively while reserving other issues for later adjudication.
○ Example: In a mortgage suit, a preliminary decree may outline the amount owed,
while a final decree orders the sale of mortgaged property if the debt is unpaid.

Essential Characteristics of a Decree

● Formal: It must be formally written, signed by the judge, and sealed with the court’s
official seal.
● Conclusive: It settles the issues brought before the court, making it enforceable.
● Appealable: In most cases, decrees are appealable, meaning parties may challenge
them in a higher court if they believe errors were made.

What is a Judgment?

A judgment is the judicial reasoning or rationale behind the court’s decision in a case. Defined
under Section 2(9) of the CPC, 1908, a judgment explains why the court reached a particular
decision and provides transparency in judicial proceedings. The judgment is essentially the
written record of the judge’s thought process, which outlines how the court analyzed the
evidence, applied the law, and arrived at its conclusions.

A judgment typically includes:

1. Factual Background: This part provides a summary of the facts of the case as
presented by the parties.
 2. Issues for Determination: These are the legal questions or issues that the court has
identified for resolution.
3. Evaluation of Evidence: The judgment contains a review and analysis of the evidence
presented, including witness statements, documentary evidence, and other material
considered.
4. Legal Reasoning: The judge outlines how relevant laws and precedents apply to the
case.
5. Decision: The final part of the judgment declares the outcome, either in favor of or
against each party, with the reasoning behind each decision.
6. Order: If applicable, the judgment will include specific directions, such as awarding
compensation or directing a party to perform or refrain from certain actions.

Importance of a Judgment

● Transparency: A judgment provides a transparent account of how the court reached its
conclusions.
● Basis for Appeal: If a party chooses to appeal the decision, the judgment serves as the
foundation for the appeal, as it explains the reasoning that can be challenged.
● Legal Precedent: In cases of significance, judgments may set precedents that influence
future cases with similar legal issues.

Detailed Differences Between Decree and Judgment

Aspect Decree Judgment

Definition A legally binding decision that A written statement that

conclusively determines the provides the rationale for the
rights of parties. court's decision.

Objective To conclude the litigation by To explain the reasons and

defining the legal rights and legal basis for the court’s final
obligations of parties. decision.

Scope Determines rights of parties; Provides reasoning; not

it is enforceable and enforceable on its own but
conclusive. accompanies the decree.
Legal Basis Defined under Section 2(2) Defined under Section 2(9)
of the CPC. of the CPC.

Types Preliminary, Final, and No types; judgment is a

Partially Preliminary & Final. single, comprehensive
statement by the judge.

Nature of Order Formal and conclusive, Explanatory and descriptive,

creating a binding decision detailing the grounds and
enforceable by law. reasoning of the decision.

Execution Can be executed in a court of Not executable; serves only

law to enforce the court’s to explain the basis of the
order. decree or order.

Appealability Generally appealable; can be Judgment itself is not

challenged in a higher court. appealable, though it forms
the basis for appealing the
decree.

Relevance in Case Marks the finality of the Provides insight into how the
court’s adjudication process judge interpreted facts,
in a civil suit. evidence, and law.

Relation The decree represents the The judgment provides the

outcome that concludes the reasoning leading to that
case. outcome.

Contents Declaration of rights, Factual background, issues,

enforceable orders. analysis, decision, and
reasoning.
 Binding Effect Legally binding and Not binding; serves as an
enforceable as a court order. explanation.

Example to Illustrate Decree vs. Judgment

In a property dispute case:

● The judgment would contain the factual summary, issues, and detailed reasoning
regarding why the judge decided that a certain party should receive the property. It would
discuss the evidence, relevant laws, and apply precedents.
● The decree would be the final order issued by the court awarding the property to the
rightful owner, based on the judgment. This decree is enforceable, meaning the party
awarded the property can take legal action to take possession of it.

In conclusion, while both a decree and a judgment are essential to the judicial process, they
serve different functions. The decree represents the court’s enforceable decision, while the
judgment provides the reasoning behind that decision. Both together help ensure a fair,
transparent, and enforceable resolution to civil cases.

ORDER

An order is a judicial decision issued by a court to address specific issues within a case,
typically regarding procedural or interim matters. Orders can be issued in both civil and
criminal cases, unlike decrees, which are limited to civil proceedings. An order may not always
provide a final resolution to the case, and it can be temporary, focusing on the immediate needs
of the proceedings. Orders are defined under Section 2(14) of the Code of Civil Procedure
(CPC), 1908 as a formal expression of a court’s decision that does not fall under the category of
a decree.

Let’s break down the concept of an order in more detail.

Essential Characteristics of an Order

1. Formal Expression: An order is a formal expression by a judge or magistrate,

documented and recorded by the court. It typically includes specific instructions or
directions.
2. Interim Nature: Orders often address interim or temporary needs within a case, such as
preserving the status quo, safeguarding evidence, or managing procedural matters.
3. Applicable to Both Civil and Criminal Cases: Orders can be issued in any legal
proceeding, unlike decrees, which are restricted to civil cases.
 4. Based on Procedural or Factual Issues: Orders usually address procedural issues or
immediate factual matters rather than resolving the entire case.
5. Non-Conclusive in Nature: Orders are generally non-final; they do not determine the
fundamental rights and obligations of the parties as a decree does. However, some
orders can be final in nature if they resolve specific issues conclusively without affecting
the main subject matter.
6. Enforceability: Orders are often enforceable immediately, depending on the nature of
the directive. For example, an interim injunction can be enforced as soon as it is issued
to prevent parties from taking certain actions.

Types of Orders

Orders are generally classified into two categories:

1. Appealable Orders: Certain orders specified in the CPC can be appealed to a higher
court. Appealable orders are generally listed under Section 104 and Order 43 of the
CPC. Examples of appealable orders include:
○ Orders granting or refusing an injunction.
○ Orders setting aside or refusing to set aside an award.
○ Orders relating to the sale of mortgaged property.
○ Orders regarding the arrest or attachment of property before judgment.
2. Non-Appealable Orders: Most procedural or administrative orders fall into this category
and cannot be appealed. Non-appealable orders are usually issued to facilitate the court
proceedings and need to be followed as the case progresses. Examples include:
○ Orders to produce certain documents.
○ Orders for the appearance of parties or witnesses.
○ Orders directing further procedural steps, such as deadlines for evidence
submission.

Common Types of Orders in Civil Proceedings

1. Interim Orders:
○ These orders are temporary and remain in effect only for the duration of the case
or until a final decision is reached.
○ Examples:
■ Interim Injunction: A court might issue an interim injunction to prevent a
party from selling disputed property while the case is ongoing.
■ Stay Order: This stops certain proceedings or actions temporarily. For
instance, if a case is appealed, a stay order may halt enforcement of the
previous court’s decree until the appeal is resolved.
2. Final Orders:
○ Some orders provide a conclusive decision on specific issues without affecting
the main suit. Although these orders may resolve certain matters permanently,
they do not end the overall litigation.
 ○Example: An order to release property that was provisionally attached during a
case could be considered final with respect to the attached property but does not
resolve the case itself.
3. Procedural Orders:
○ These orders deal with the administration and procedural aspects of the case
and direct the case management without affecting substantive rights.
○ Examples:
■ Order for Discovery or Production of Documents: This directs a party
to produce relevant documents to ensure a fair trial.
■ Order for Examination of Witnesses: This mandates that specific
witnesses be examined or brought before the court to testify.
■ Order for Adjournment: This postpones court proceedings to a later
date, often to accommodate evidence gathering or procedural
requirements.
4. Ex Parte Orders:
○ These orders are issued in the absence of one of the parties when urgent relief is
needed, and one party has failed to appear or respond. They are temporary and
typically re-evaluated once the absent party is present.
○ Example: If one party in a domestic violence case fails to appear, the court may
issue an ex parte restraining order to protect the petitioner.

Importance of Orders in Legal Proceedings

Orders play a crucial role in legal proceedings because they:

1. Provide Interim Relief: Orders offer immediate protection and relief to parties by
maintaining the status quo or restraining harmful actions until the case concludes. For
example, in property disputes, a court may issue an order to prevent the sale or transfer
of disputed property.
2. Manage Procedural Flow: Orders help the court manage the sequence and
requirements of proceedings, ensuring efficient case administration and adherence to
procedural rules.
3. Safeguard Evidence: Orders may protect evidence by directing its preservation or
production. For example, a court may order a party to preserve electronic records
relevant to the case.
4. Encourage Compliance: Orders compel parties to adhere to court directions,
maintaining order and fairness in the trial process. Non-compliance with orders can lead
to legal penalties, including fines, attachment of property, or even contempt of court
charges.
Examples of Orders

Let’s look at some examples to illustrate how orders function in different scenarios:

1. Temporary Restraining Order (TRO): In a case of domestic violence, the court may
issue a temporary restraining order to prevent one party from approaching or contacting
the other party until the matter is fully heard.
2. Order for Medical Examination: In a personal injury case, the court may order the
plaintiff to undergo a medical examination to assess the injuries claimed, which aids the
court in understanding the extent of harm.
3. Attachment Before Judgment: If a party fears that the defendant may dispose of their
assets to evade liabilities, the court may issue an attachment order before judgment to
prevent asset transfers.
4. Order to Freeze Bank Accounts: In cases involving financial disputes or fraud, the
court may issue an order to freeze the bank accounts of a party to prevent unauthorized
withdrawals or transfers until the case is resolved.

Distinguishing an Order from a Decree

The primary distinction between an order and a decree is that a decree provides a final
determination on the rights of the parties and settles the case, while an order generally
addresses interim or procedural issues that do not resolve the case entirely.

Aspect Order Decree

Purpose Directs specific actions or Conclusively determines the

resolves procedural aspects. rights of the parties in a suit.

Finality Often temporary or Provides a final, conclusive

procedural, non-final in most decision in the case.
cases.

Appealability Some orders are appealable Generally appealable if it

(per Section 104 & Order 43 conclusively determines party
of CPC), but most are not. rights.
 Enforceability Enforceable as an immediate Binding and enforceable,
directive, but often not creating final rights for the
binding for final rights. parties.

Applicability Relevant in both civil and Applicable only to civil cases.

criminal cases.

Example Injunctions, stay orders, Partition decrees, inheritance

procedural orders. decrees.

Conclusion

An order is an essential judicial tool that serves to manage proceedings, address interim needs,
and provide immediate relief to ensure fairness and efficiency in legal cases. Orders are often
temporary and procedural in nature, guiding the conduct of the parties and maintaining control
over the case until a final resolution is reached. While they do not generally decide the ultimate
rights of the parties, they ensure that proceedings move forward fairly and that urgent matters
receive timely judicial attention

Inherent Powers of Court under CPC: Section 148 to 153B of CPC

Inherent powers of the court refer to the discretionary powers that courts possess to ensure
justice and fairness in situations not specifically addressed by statute or procedural law. These
powers enable courts to act in situations where existing laws are inadequate or silent, allowing
them to prevent abuse of process, protect the rights of individuals, and ensure justice is served.
The inherent powers of a court are generally recognized under Section 151 of the Code of Civil
Procedure (CPC) in India, which states that courts have the inherent authority to make orders
necessary for the ends of justice or to prevent misuse of the judicial process.

Some key applications of inherent powers include:

1. Preventing Abuse of Process : Courts may use inherent powers to prevent frivolous or
vexatious litigation that could harm the interests of justice.

2. Ensuring Fairness : In cases where legal procedures are insufficient, the court may use its
inherent powers to ensure a fair trial and protect the rights of all parties involved.
3. Issuing Interim Orders : Courts can issue interim orders to preserve the status quo or prevent
irreparable harm while the case is pending.

4. Setting Aside Orders : If an order is obtained by fraud or manipulation, the court can use its
inherent powers to set aside or modify it.

5. Preventing Delay in Proceedings : Inherent powers can be used to expedite proceedings or

enforce court orders effectively.

In essence, the inherent powers of the court act as a safeguard for justice, ensuring that the
legal process remains equitable, even when specific rules do not provide a solution.

- The law concerning the inherent powers of Court can be found in Section 148 to Section 153A
of the Civil Procedure Code. These sections outline how the court’s inherent powers can be
exercised in various situations. Here’s a breakdown of the provisions related to the inherent
powers of the courts:

● Section 148 and Section 149: These sections deal with the granting or extension of time.
● Section 150: This section addresses the transfer of business from one court to another.
● Section 151: Section 151 safeguards the inherent powers of the courts.
● Section 152, 153 and Section 153A: These sections cover the modification of judgments,
decrees, or orders, as well as separate proceedings.

These sections collectively provide a framework for the court to utilise its inherent powers in
specific circumstances as outlined in the Code of Civil Procedure.

Enlargement of Time [Section 148, CPC]

Section 148 of the CPC explains that when the court sets a specific time frame for performing
an action as required by the CPC, it has the authority to extend that period. This extension can
happen multiple times, even if the original time limit has passed.

In simpler terms, if the law sets a deadline for doing something, the court can give you extra
time, up to 30 days, if there’s no other rule that says otherwise. However, the court has the
freedom to decide whether or not to grant this extra time and the extension can only apply to the
originally set time frame. It’s a discretionary power.

Payment of Court Fees [Section 149, CPC]

Section 149 of the CPC allows the court to give someone a chance to pay the required court fee
if they haven’t paid it fully or partly as required by the law for documents like complaints or
appeals. This permission can be granted even after the time limit for filing the lawsuit or appeal
has passed.

In simple terms, when a document needs a specific court fee, it’s crucial to pay it on time. If it’s
not paid in time, the document could be considered as filed too late (time-barred). However,
Section 149 lets the court decide whether to let you pay the missing fee later. If the court
agrees, your document will be treated as if you paid the fee on time from the beginning.

Transfer of Business [Section 150, CPC]

Section 150 of the CPC states that unless there is a different arrangement in place, when the
functions or responsibilities of one court are transferred to another court, the receiving court will
have the same authority and responsibilities as the original court.

In other words, if Court A’s tasks and powers are transferred to Court B, Court B will assume the
same legal authority and duties that were originally designated for Court A under the CPC.

Saving of Inherent Powers of Court: Section 151 of CPC

Section 151 of the CPC, which deals with the “Saving of inherent powers of Court,” ensures that
nothing in the CPC can limit or interfere with the inherent power of the Court to issue orders that
are necessary for the interests of justice or to prevent misuse of the legal process. In other
words, the court is not bound by strict legal provisions and has the discretion to make orders
that are not explicitly provided for in the law, as long as it serves the cause of justice or prevents
abuse of the legal system.

Here are some examples of how Section 151 of the CPC can be applied:

Correction of Errors: The court can review its own orders and correct any mistakes.

Provisional Measures: It can grant temporary injunctions when a case doesn’t fall under the
provisions of Order 39, or it can set aside an ‘ex parte’ order.

Setting Aside Illegal Orders: The court has the power to nullify orders that were made unlawfully
or without jurisdiction.

Consideration of Subsequent Events: It can take into account events that occurred after a case
was initiated.

Privacy of Proceedings: The court can decide to conduct a trial ‘in camera’ (in private) or protect
the confidentiality of its proceedings.

Erasing Remarks: It can remove unfavorable remarks made against a judge.

Improving a Suit: The court can amend a lawsuit and re-hear it on its merits or re-examine its
previous orders.

In essence, Section 151 grants the court the flexibility to take actions that may not be explicitly
outlined in the law but are necessary to ensure justice is served and the legal process is not
misused.
Section 152 of CPC

This section deals with the amendment of judgments, decrees or orders.It states that clerical or
arithmetical mistakes in judgments, decrees or orders or errors arising therein from any
accidental slip or omission may at any time be corrected by the Court either of its own motion or
on the application of any of the parties. This section is based on two important principles:

-An act of court should not prejudice any party.

-It is the duty of the courts to see that their records are true, and they represent the correct state
of affairs.

Section 153 of CPC

This section deals with the general power to amend. It states that the Court may at any time,
and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any
proceeding in a suit and all necessary amendments shall be made for the purpose of
determining the real question or issue raised by or depending on such proceeding.

Section 153A of CPC

This section deals with the power to amend a decree or order where appeal is summarily
dismissed.It states that where an Appellate Court dismisses an appeal under rule 11 of Order
XLI, the power of the Court to amend, under section 152, the decree or order appealed against
may be exercised by the Court which had passed the decree or order in the first instance,
notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order,
as the case may be, passed by the Court of first instance.

-Limitations of the Inherent Powers

The exercise of inherent powers carries with it certain limitations such as -

-They can be exercised only in the absence of express provisions in the code.

-They cannot be exercised in conflict with what has been expressly provided in the code.

-They can be exercised in exceptional cases.

While exercising the powers, the court has to follow the procedure prescribed by the legislature.

-The Courts cannot exercise jurisdiction not vested in them by law.

CAVEAT

Caveat under Section 148a of CPC

The term “caveat,” originating from Latin, means “let a person be aware.” In the legal context, it
can be understood as a notification that requests someone not to take specific actions without
first informing the party issuing the notification.

In civil procedure law, the concept of a caveat is addressed in Section 148A. Although the CPC
does not provide a specific definition for “caveat,” a court ruling in the case of Nirmal Chand v.
Girindra Narayanclarified that a caveat in CPC is essentially a warning from an individual to the
court. This warning states that no order or judgment should be issued without notifying the
person who lodged the caveat or without allowing them an opportunity to be heard.

The person who files a caveat is known as the “Caveator,” while the individual initiating a lawsuit
or intending to do so is referred to as the “caveatee.” The primary purpose of a caveat is to
ensure that the court does not make decisions in the absence of one party, known as “ex parte”
orders and to safeguard the interests of the Caveator.

When to Lodge a Caveat in CPC?

As per Section 148A, individuals have the right to lodge a caveat when they suspect that a case
has been or will be filed against them in any court. A caveat under CPC can be submitted in the
form of a petition under the following circumstances:

- During an ongoing lawsuit or legal proceeding and an application has either already been
submitted or is anticipated.

- When a lawsuit is on the verge of being initiated and it is expected that an application will be
filed in that lawsuit.

Who May Lodge a Caveat under CPC?

Section 148A also specifies that a caveat can be submitted by any individual, whether or not
they are a party directly involved in the lawsuit. However, the person filing the caveat must have
the legal right to present themselves before the court concerning the specific lawsuit in question.
This means that a third party can file a caveat in CPC if they have some connection or
involvement with the lawsuit.

It’s essential to emphasise, though, that a caveat cannot be lodged by a person who has no
meaningful connection to the case. This principle was established in the case of Kattil Vayalil
Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma.
Where Can a Caveat be Lodged?

A caveat in CPC can be lodged in various types of courts when the caveator expects legal
proceedings to be initiated against them in the near future. This includes Civil Courts with
original jurisdiction, Appellate Courts, High Courts and even the Supreme Court. Civil Courts
encompass a range of judicial bodies such as Courts of Small Causes, Tribunals, Forums and
Commissions.

How to File a Caveat under CPC?

To file a caveat under Section 148A, the caveator or their advocate must sign the document. If
an advocate represents the caveator, the caveat should be accompanied by a Vakalatnama (a
legal authorisation for representation).

The caveat is then registered in a designated caveat register maintained by the courts. This
registration can be in the form of a petition or any other prescribed format. The caveat in CPC
register includes information such as the date of the caveat, the name and address of the
caveator, the names of the plaintiff and defendant and the anticipated date and proceeding
number as perceived by the caveator.

When filing a caveat under CPC, a copy of the caveat, postal proof of sending the caveat to all
relevant parties and an application explaining that copies have been sent should be included.
The court fees for filing a caveat may vary depending on the specific court, but it is generally a
nominal amount, typically less than INR 100. The rules and format for caveats are usually
consistent across most courts.

Notice of Caveat in CPC

When a caveat is filed, the court typically serves a notice to the caveator, informing them about
the caveat application. Upon receiving this notice, it becomes the responsibility of the applicant
(the party initiating the legal action) to provide the caveator (the individual who filed the caveat)
with a copy of the application they have submitted, including any accompanying documents.
This is done at the expense of the caveator.

Failure to follow these notification procedures can have significant consequences. If the court or
the applicant disregards the caveat in CPC and fails to notify the caveator as required, any
judgment or decree subsequently issued by the court may be considered null and void. This
underscores the importance of adhering to the rules and procedures related to caveats in legal
proceedings, as it ensures that all parties involved have the opportunity to participate and
present their cases fairly.
Time Period of Caveat

Caveats are typically lodged after a court has already issued a judgment or order. This means
that they are filed as a precautionary measure by a party who anticipates that someone else
may take legal action against them following the court’s decision.

However, in exceptional cases, it is possible to file a caveat in CPC before the judgment is
pronounced or an order is passed. This is usually done when there is a strong reason to believe
that such a judgment or order is imminent and the caveator wants to be prepared to have their
say in the proceedings.

A caveat in CPC, once filed, remains in effect for a period of 90 days from the date of its filing.
After this initial 90-day period, it is possible to file a fresh caveat petition if necessary. This
allows the caveator to continue to be notified and have the opportunity to participate in the legal
proceedings.

Rights and Duties of the Caveator under CPC

The caveator, as per Clause (2) of the section, must serve a notice of the caveat to the person
who has made or is expected to make an application that is relevant to the caveat in CPC.

When filing the caveat, the caveator declares one of the following: either there is a current suit
where an application is anticipated or there is an ongoing application within a suit and they wish
to be represented. Alternatively, they may state that a future suit will be filed and within that suit,
an application is expected and they desire representation.

Before becoming entitled to notice, the caveator must provide a notice to the person from whom
they expect the relevant application. This notice should be sent via registered post and serves
as an alert to the applicant that a caveat under CPC has been filed.

Rights and Duties of the Court

The court’s duty is triggered once a caveat is lodged and notice is served upon the applicant.
According to Clause (3) of the Section, after a caveat has been lodged, if any application is
subsequently filed in any suit or proceeding within the next 90 days, the court is obligated to
serve a notice on the caveator.

This means that if, after filing the caveat under CPC, an application is made within the next 90
days, the court must inform the caveator by serving them notice. This allows the caveator the
right to be heard before the court in relation to the application.
Rights and Duties of the Applicant

In addition to the court providing notice, the applicant is also responsible for serving a notice to
the caveator, informing them that an application pertaining to the filed caveat in CPC has been
submitted.

Clause (4) of the section directs the applicant to furnish the caveator with a copy of the
application they have made, along with any other supporting documents or papers they have
filed in support of their application.

The court will not proceed with the application unless the applicant submits an affidavit
confirming that they have served a notice to the caveator.

Case Laws on Caveat under CPC

The case of Smt. Gangamma vs. Sri G. Dayanandha on November 28, 2017, in the Karnataka
High Court determined that the properties listed in the plaintiff’s schedule and the properties
mentioned in the caveat petition were entirely different. Consequently, the defendant’s petition,
in which they claimed the right to appear before the court regarding this matter, was viewed as
an attempt to protect the caveat petition’s scheduled property from potential interference or
danger. As a result, the court rejected the defendant’s memorandum.

In the case of Yaseen and 4 Others vs. Mahendra Yadav, Naib Tehsildar, on October 7, 2020,
the Allahabad High Court clarified that the 90-day period during which caveats filed under
Section 148-A of the Civil Procedure Code remain in force should exclude any period affected
by lockdowns or disruptions in the functioning of courts and tribunals. This ruling acknowledges
that external factors such as lockdowns and court disruptions can affect the time limitations
associated with caveats and thus, these periods should not be counted toward the 90 days.