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CPC II INTERNALS

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29 views5 pages

CPC II INTERNALS

cpc

Uploaded by

mani xerox Akhil goud
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CPC - INTERNALS 2

1. PLEADINGS UNDER ORDER VI :

Order VI of the Civil Procedure Code, 1908 (CPC) specifically


deals with pleadings, establishing the rules for their structure, content,
and amendment.

Definition: Rule 1 of Order VI


 The term “Pleading” shall mean plaint or written
statement.
 Order VI Rule 2 of CPC lays down some general
principles regarding pleadings which are as follows:
 Pleadings should state facts and not law.
 The facts stated should be material facts i.e. Facta
Probanda
 Pleadings should not state the evidence i.e. Facta
Probantia
 The facts should be stated in a concise form.

2. PLAINT UNDER ORDER VII (ESSENTIALS)

 Rule 1 of Order VII deals with the particulars to be contained in a


plaint.
It states that - The plaint shall contain the following particulars: —

(a) The name of the Court in which the suit is brought.


(b) The name, description and place of residence of the plaintiff.
(c) The name, description and place of residence of the defendant, so
far as they can be ascertained.
(d) Where the plaintiff or the defendant is a minor or a person of
unsound mind, a statement to that effect.
(e) The facts constituting the cause of action and when it arose.
(f) The facts showing that the Court has jurisdiction.
(g) The relief which the plaintiff claims.
(h) Where the plaintiff has allowed a set-off or relinquished a portion
of his claim, the amount so allowed, or relinquished.
(i) A statement of the value of the subject matter of the suit for the
purposes of jurisdiction and of court fees, so far as the case admits.

3. RETURN OF PLAINT :
Return of Plaint is dealt under Order 7 Rule 10 of the Civil
Procedure (Amendment) Act, 1976. The provisions regarding
the return of plaint are provided under the Order 7 Rules 10,
10A, 10B, CPC, 1908. The court, if it found that it does not have
jurisdiction in the suit, can return by an order that the plaint to
be presented in the proper court. The defect of jurisdiction can
be of territorial, Pecuniary or Subject matter.

REJECTION OF PLAINT :

Under Order 7 Rule 11, there are several grounds upon which a
plaint can be rejected by the court. The main object of Order 7
Rule 11 is to reject plaints that are of a frivolous, vexatious, and
improper nature at the very beginning, thus saving judicial time
and resources.

4. WRITTEN STATEMENT :

Rule 1 of Order 8 deals with written statement. It states that -


The Defendant shall, within thirty days from the date of service
of summons on him, present a written statement of his defence.

SET OFF :

 Defendant has the right to claim.


 The plaint must be for the recovery of debts.
 The debt amount must be definite and mentioned.
 The amount must be of a recoverable nature.
 It must be within the pecuniary limit of the court.
 Both the parties must fill the same character as mentioned in the
plaint.

COUNTER CLAIM :

 It must be filed by the defendant.


 It must be for an independent or a claim that is separable in nature.
 It must be filed against the plaintiff. It can be filed against co-
defendants in some scenarios.
 It must be in respect of any incident that happened before or after the
filing of the suit.
 It cannot be filed at the appellate stage before the appellate
authority.

5. CONSEQUENCES OF NON-APPEARANCE OF PARTIES


UNDER ORDER IX (EXPARTE ORDER, DECREE,
SETTING ASIDE OF EX-PARTE DECREE)

[This answer may seem to be lengthy but try to read and


write the answer as much as u can and the content may be
useful for objectives purpose also, like Rule 2, Rule 3, Rule
4…etc.]

Order IX of the Civil Procedure Code (CPC) deals with the


appearance of parties in civil proceedings. When parties fail to appear
in a suit, it has significant procedural consequences.

1. Non-Appearance of the Plaintiff

 Rule 2: If the plaintiff fails to appear when the suit is called for
hearing and the defendant is present, the court may dismiss the
suit.
 Rule 4: The plaintiff can file an application to restore the
dismissed suit, showing sufficient cause for their absence. This
must typically be accompanied by proper justification and may
be subject to the court’s discretion.

2. Non-Appearance of the Defendant

 Rule 6: If the plaintiff appears but the defendant does not, and
the summons was duly served, the court may proceed ex parte
(in the absence of the defendant) and pass a decree.
 Rule 13: The defendant can apply for setting aside an ex parte
decree, provided they show sufficient cause for non-appearance
and apply within the prescribed limitation period.

3. Non-Appearance of Both Parties

 Rule 3: If neither the plaintiff nor the defendant appears when


the suit is called for hearing, the court may dismiss the suit.

4. Other Relevant Provisions

 Rule 5: If a suit is dismissed under Rules 2 or 3, the plaintiff is


generally allowed to file a fresh suit unless barred by law or the
principles of res judicata.
 Rule 8: If the plaintiff fails to appear in response to a
counterclaim made by the defendant, the court may pronounce
judgment against the plaintiff in respect of the counterclaim.

6. ISSUES :

1. An issue is a question in dispute with rival contentions.


2. It arises when a material fact or law is affirmed by one party
and denied by the other.
3. It is framed after the plaint has been filed in the court and
written statement of the opposition has been filed.
4. Issues can be of 3 types: issue of fact, issue of law or a mix of
both. They are framed by the Court and must be precise.
5. Framing of issues helps accumulate evidence in favor of the
relief sought by the parties.
6. The judgment is the final expression of the Court on the
issues framed by it.

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