Found 20 Articles for Civil Procedure Code

Any party to the suit may, at any time during the pendency of the suit, by application, apply to the court for a "temporary injunction" preventing the other party from doing any act prejudicial to his interest in the suit property. What is Meaning of Temporary Injunction? The literal meaning of the term "temporary injunction" is a short-term ban. A temporary injunction is granted by the civil court only in relation to the matter in issue before the court and is operative only between the parties to the suit. The court, before granting a "temporary injunction, " shall satisfy itself ... Read More

Any person who has a right or an interest in the subject matter of the dispute may file a civil suit to claim that right or interest. However, such a person is required to pay court fees to the court for the adjudication of his rights. The court fee is determined by the value of the subject matter in dispute. There may be cases in which a parson has a substantial interest in the suit property, but he does not have the means to pay for the court fees. In that case, how would he be able to file his ... Read More

The court has a duty to do complete justice in a dispute; therefore, in order to accomplish this goal, the subject matter of the dispute must be preserved until the final decision in the suit is made. So if it is proved before the court by the plaintiff that the defendant is going to dispose of the suit property or is doing such activity in relation to the suit property that if it is permitted then the suit property will be destroyed forever and no justice can be done thereafter, the court may, on being satisfied that such circumstances exist ... Read More

We are all very familiar with the term "judgment, " “decree, ” and “order.” In all cases, whether civil or criminal, adjudicated by the court, a judgment is pronounced by the judge at the end of the case. In civil cases, however, in addition to the judgment, the court prepares a concise written order that precisely states the overall effects of the judgment on the parties to the suit and, more specifically, what the winning party achieves. What is Decree? A decree is a document prepared by the court at the end of a civil suit after judgment has been ... Read More

The civil court has the power to try and decide every matter of a civil nature unless it is expressly barred by the express provision of the law. Apart from the statutory bar, there are other reasons, such as the expiry of the limitation period, the pendency of another suit on the same cause of action, and a previous decision of the court on the same subject matter, which restrict the court from accepting the suit for trial and adjudication. Legal Provisions under the Code of Civil Procedure The jurisdiction of the civil court to try and adjudicate a civil ... Read More

The right to justice is a fundamental right. To avail this right, certain procedures are provided to be followed as per the rule of law. The procedure describes how to approach the court of justice for the redressal of the grievances. Similarly, not initiating legal proceedings against someone is also a fundamental right; however, so far it is based on the person's choice and not on other extraneous grounds like coercion, threat, or deception. Furthermore, there should be adequate facilities for approaching the forum for redressal of grievances to avail oneself of the right to justice. If the plaintiff is ... Read More

The court has to be impartial towards the parties to the dispute. So when a suit has been filed by the plaintiff at the place of his choice as per the provisions of the Code of Civil Procedure of 1908, the defendant has to appear before the court and file a written statement raising his objection to the suit filed by the plaintiff. If the defendant raises objections with regard to the jurisdiction of the court based on any of the provisions contained in the Code of Civil Procedure, the court has to first decide the issue of jurisdiction. If ... Read More

It is a special procedure for hearing a civil suit wherein all the proceedings are to be carried out in a time bound manner and is referred to as a "summary suit trial." The process of summary suit may be used only in those civil cases where the relief claimed by the plaintiff is a fixed amount of money. The procedure for summary suit has been provided under Order XXXVII of the Code of Civil Procedure, 1908. Benefits of a Summary Procedure in a Suit The advantages of the summary suit procedure are readily apparent from the provisions of Order ... Read More

If a party files a suit in a court of law; subsequently, the court investigates and trials the case and gives a final decision on its merits. In such a condition, the respective party has no right to file the same case in some other court or again in the same court (with the same issue). This is what the principle of res judicata explains. What is the Meaning of Res Judicata? Res Judicata is a Latin term, which means “a thing decided.” So, the doctrine of res judicata explains a rule of finality of judgment given against a dispute, ... Read More

The people are free to choose, a method for resolving their conflict. If one party to a dispute chooses to file a civil suit in court to resolve his dispute and seek legal remedies, the other party has to plead his defence and tell the court why he is not entitled to such a remedy. Now suppose the plaintiff is not aware of the party against whom he is entitled to get remedy. So in that situation, it would be difficult to do justice and give the remedy to the plaintiff. So in every suit, there must be at least ... Read More