BHARTI VIDYAPEETH NEW LAW COLLEGE PUNE

CRIMINAL PROCEDURE CODE ASSIGNMENT 1

TOPICS : JUDGEMENT
PLAINT
DOCTRINE OF RESTITUTION

MITALI SHINDE
B.B.A L.L.B 4th YEAR
C 22
 JUDGEMENT

TABLE OF CONTENT:
 Introduction
 Copy of judgement
 Contents of judgement
 Alteration of judgement
 Foreign judgement and scope

INTRODUCTION :
The term Judgement is defined in Section 2(9) of the Code
of Civil Procedure, 1908. A judgement contains facts of the case, the issues
involved, the evidence brought by the parties, finding on issues (based on evidence
and arguments). Every judgement shall include a summary of the pleadings, issues,
finding on each issue, ratio decidendi and the relief granted by the court.
Judgements play a very important role in the working of our judicial system
because they act as precedents for cases to come in the near future. A judge in the
judgement pronounced, always states the reasons for such a decision.

Pronouncement of a judgement

 The word pronouncement means to make an official public announcement.

Pronouncement of a judgement means that after the hearing is completed i.e.
after the Court has heard the pleadings of the parties, the judgement shall be
announced by the Judges in an open Court, either at once or at some future
day, after providing due notice to the parties or their learned counsels.

 If a judgement is not pronounced immediately then it must be pronounced

within 30 days from the date of the conclusion of hearing. However,
sometimes it so happens that due to exceptional and some extraordinary
 reasons like a bank holiday, strike or some other situation it may be
delivered within 60 days from the conclusion of the hearing. It is not
mandatory for a judge to read out the whole judgement and it would be
enough if only the final order is pronounced.

Copy of the judgement :

 Once the judgement is pronounced the copies of that particular judgement

should be immediately made available to the parties on payment of costs as
specified, by the party applying for such copy, of such charges as may be
specified in the rules and orders made by the High Court (H.C.) Such a rule
is specified in Order XX Rule 6-B of the Code of Civil Procedure, 1908.

Contents of the judgement

 Judgments of other Courts shall contain:

 Summary of the pleadings which is a concise statement of the case;

 Issues which are the points for determination;
 Findings on each issue and the decision thereon;
 Ratio decidendi (reasons for such a decision); and
 The remedy, which is the relief granted.
 Alteration of a judgement
 Once a judgement is dated and signed by the judge it can only be altered or
amended if:
There are arithmetical or clerical errors.

Foreign Judgement and scope :

 The Indian Code of Civil Procedure, 1908 (CPC) lays down the procedure
for enforcement of foreign judgments and decrees in India. CPC, 1908 had
defined the following as-

 Section 2(5) “foreign Court” means a Court situated outside India and not
established or continued by the authority of the Central Government.
  Section 2(6) “foreign judgment” means the judgment of a foreign Court.

Nature and Scope of Foreign Judgments :

 Section 13 embodies the principle of res judicata in foreign judgments. It

embodies the principle of Private International law that a judgment delivered
by a foreign court of competent jurisdiction can be executed and enforced in
India.

PLAINT

 TABLE OF CONTENTS :
INTRODUCTION
WHAT IS A PLAINT
NECESSITY CONTENTS OF A PLAINT

INTRODUCTION

 A Plaint is a legal document that contains the content of any civil suit which
shows the Plaintiff’s claim after filing suit. The plaintiff is the first step of
the Plaintiff in the form of a legal document for the commencement of suit
and it shows what a Plaintiff wants from that suit. The concept of a plaintiff
is mentioned in the Civil Procedure Code.

 Through the help of the plaintiff, the plaintiff narrates or describes the cause
of action and related information which is considered as essential from the
viewpoint of the suit.
WHAT IS A PLAINT:

 In the case of the plaintiff, the cause of action consists of two divisions, first
is the legal theory (the factual situation based on which the plaintiff claims
to have suffered) and second is the legal remedy that the plaintiff seeks from
the court.

 A plaint is considered an important concept because it is the foremost and

initial stage to initiate any lawsuit and helps to find a civil court of
appropriate jurisdiction.

 Order VII of the Code of Civil Procedure deals, particularly with plaint. In
Order VII of CPC, there are many different rules which deal with different
constituents of plaint. Rules 1 to 8 deal with the particulars of the plaint.
Rule 9 of CPC deals with how the plaint will be admitted and after that Rule
10 to 10-B talks about the return of the plaint and the appearance of parties.
And the main Rules i.e. 11 to 13 deals with the rejection of the plaint and in
which circumstances the plaint can be rejected.

 Section 26 of the Code of Civil Procedure states “Every suit shall be

instituted by the presentation of a plaint or in such other manner as may be
prescribed.” This section clearly shows that plaint is very much necessary
for the establishment of a suit before the civil or commercial court.

NECESSITY CONTENTS OF A PLAINT:

 A plaint is a legal document that contains a lot of necessary contents in the

absence of which, it cannot be considered as a plaint. The contents necessary
for a plaint are mentioned in Rules 1 to 8 of Order VII of CPC. These are
mentioned below:
 Plaint should contain the name of the commercial or civil court where a suit
will be initiated.

 Plaint should contain details of the plaintiff such as the name, address, and
description.

 Plaint should contain the name, residence, and description of the defendant.

 When a plaintiff has some defects or problems in health or any type of

disability, the Plaint should contain a statement of these effects.

 Plaint should contain the facts due to which cause of action arises and where
the cause of action arises it should also be mentioned.

 Plaint should not only mention facts due to which cause of action arises but
also those facts which help in recognizing the jurisdiction.

 Plaint should also contain about that relief which the plaintiff seeks from the
court.

 When the plaintiff is ready to set off a portion of his claim, the Plaint should
contain that amount which has been so allowed.

 Plaint should contain a statement of the value of the subject-matter of suit

not only for the purpose of jurisdiction but also for the purpose of court-fees
At last, the content that should be on plaint is the plaintiff verification on
oath.

 This shows that the plaint is a necessary component for the successful
initiation of suits in commercial or civil courts and plays a very important
role throughout the suit. Some additional particulars which were not
mentioned above include the following: Plaintiff shall state the exact amount
of money to be obtained from the defendant as given under Rule 2 of order
VII whereas Rule 3 of order VII of CPC states that when the plaint contains
subject matter of immovable property, then the property must be duly
described.
 DOCTRINE OF RESTITUTION

 TABLE OF CONTENTS:
Doctrine of restitution
Conditions must for applying for restitution
Who may apply?
Inherent power to grant restitution

DOCTRINE OF RESTITUTION:

 The doctrine of restitution implies to brings the aggrieved party to the

original position where the benefit of the erroneous judgment of the court is
received by the other party who was not entitled to such benefit. Restitution
is not a new concept and Section 144 merely gives statutory recognition to
this principle. Section 144 of CPC deals with the application for restitution.

Section 144 states that:

 When a decree or order of the Court has been: varied/reversed in any

appeal, revision or other proceedings; is set aside/ modified in any suit
instituted for that purpose.

 The Court that passed the decree/order will grant restitution on receiving an
application of the party entitled to the benefit

 The court in the case of Mahjibhai Mohanbhai Barot vs. Patel Manibhai
Gokalbhai held that an application for restitution is an application for
execution of a decree.

 The Supreme Court in the case of Lal Bhagwant Singh vs. Rai Sahib Lala
Sri Kishen Das held that the party who received the benefit of the erroneous
judgment is by law under an obligation to make restitution to the other party
for his loss.
  The Apex Court in the case of Union Carbide Corporation v. Union of India
held that restitution is a principle of equity and is subject to the Court’s
discretion. Section 144 of CPC doesn’t grant any new substantive right to
the party not already obtained under the general law. The Court is obliged to
ensure that no one goes back with a feeling that he was impaired by an act
which he did on the faith of the Court’s order.

 Actus curiae neminem gravabit

 The Latin maxim actus curiae neminem gravabit means the act of court
should not affect anyone and is founded upon the principle of equity. The
Court is obliged to ensure that no one is endured by its order and it should
not pass any order to the prejudice of any person. The apex court reiterated
the maxim of actus curiae neminem gravabit in the case of Odisha Forest
Development Corporation v. M/s Anupam Traders.

In applying for restitution, the following conditions must be fulfilled:

 The decree/order must have been varied or reversed in any appeal, revision
or is set aside or modified. The party in respect of the reversed or modified
decree/order must be entitled to benefit by way of restitution or otherwise.
The relief claimed by the party must be properly consequential of the
variation, reversal, setting aside or modification of the decree/order.

 The Orissa High Court in Banchhanidhi Das vs Bhanu Sahuani laid down
certain principles to be followed for the application of restitution:

 There should be an erroneous judgment passed by the court. The party to the
record must have received the benefit of the erroneous judgment. The party
applying for restitution must show that as a consequence of the erroneous
judgment or decree, a party received the benefit.

 The erroneous judgment or decree must have been reversed in appeal.

Who may apply?

A person may apply for restitution who:

 Was a party to the order or decree being varied, reversed, set aside, or
modified. Is entitled to any benefit by way of restitution or otherwise in
respect of the order or decree being varied, reversed, set aside, or modified.

Against whom restitution may be granted?

 The court may grant restitution against the party who has wrongly received
the benefit under the erroneous decree or order of the court. The party
receiving the benefit is under an obligation to make restitution to the party
for what he has lost.

Who may grant restitution?

 The court which has passed the original decree or order may grant restitution
on an application being made to it by the party who is entitled to benefit
from such reversed or varied decree or order.

What remedies can the court can grant?

 The court under Section 144 can make any orders as a consequence of a
decree or order being varied, reversed, modified, set aside for the refund of
costs and for payment of interest, damages, compensation, and mesne profit.

Nature of proceeding

 The nature of proceeding under Section 144 is execution proceedings. The

process to get an order or decree into effect is called execution proceedings.

Extent of restitution
  Section 144 is not exhaustive but inclusive. Even if a matter does not fall
within the scope of Section 144, the court has the power to grant restitution
on its discretion.

Inherent power to grant restitution

 Under Section 151, a court has an inherent power to make such order as may
be necessary for meeting the ends of justice or to prevent the abuse of the
process of Court other than the power to grant restitution under Section 144.

 The power of the court to grant restitution is not confined only to Section
144, the court has an inherent power to grant the remedy of restitution where
Section 144 does not apply. There are different circumstances in which the
court can order to restore the status quo ante (previously existing state of
affairs) to meet the ends of justice.

It was held in K.N. Krishnappa vs. T.R. Gopalkrishna Setty that under Section 151
C.P.C, the inherent powers of the Court can be invoked for restoring the parties to
the position in which they were, prior to the execution.