Civil Procedure

Law Notes – Civil Procedure

AFFIDAVITS

Order XIX deals with affidavits. An affidavit is essentially a sworn statement in writing under oath or affirmation before an authorized officer or a Magistrate. The essentials of an affidavit may …

ADJOURNMENT

Where hearing of a suit has begun, the same must be continued day to day and an adjournment must be allowed only for unavoidable reasons. The power to grant adjournment is not subject to definite r…

RESTITUTION

Restitution means restoring a thing to its proper owner The doctrine of restitution essentially provides that on reversal of a decree an obligation is cast upon the party who has received an unjust…

WITHDRAWAL AND ADJUSTMENT OF SUITS

Withdrawal Order 23 deals with withdrawal and compromise of suits. Such withdrawal may be with the leave of the court (qualified) or without the leave of the court (absolute). Rule 1 deals with bot…

SETTLEMENT OF DISPUTE OUTSIDE COURT

  This has been provided under S.89 of the Code which was introduced by the amendment of 1999 based on the recommendations of the Law Commission and the Malimath Committee. The main object beh…

COSTS under CPC

The main object behind ordering costs is to secure to a litigant, the expenses incurred by him during litigation. Thus neither does it enable the successful party to earn profits nor does it punish…

SUMMARY TRIAL

  The objective of a summary trial is to prevent unnecessary obstruction by a defendant who has no defence and come to a conclusion in an expeditious manner. A summary trial is one where the d…

APPEALS

APPEALS First Appeals The term appeal has not been defined anywhere in the CPC. Appeal essentially means removal of a cause from an inferior court to a superior court to test the soundness of the d…

REFERENCE TO HIGH COURT

S.113 and Order 46 deal with reference to the High Court. Reference is where a subordinate court refers a matter involving a question of law to the High Court where it has a reasonable doubt during…

Review and its grounds under CPC

As a general rule, once a judgment is pronounced by a court, it becomes functus officio or it cannot be altered by such court. Review is an exception to this principle wherein the same court and th…