Category Archives: Civil Procedure

Law Notes – Civil Procedure

Difference between Decree and Order

Decree As per Section 2(2), of the Civil Procedure Code defines the term. A decree is the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. It can be final or preliminary. It… Read More »

Temporary Injunction

Temporary Injunction refers to restraint. A temporary injunction is an order by which a party to an action is required to do, or refrain from doing, a particular thing until the suit is disposed of or until further orders of the court. A temporary injunction is interim in nature, granted on an interlocutory application of the plaintiff. Injunction… Read More »

First Hearing

First Hearing The expression “first hearing” has not been defined in the code. The first hearing of a suit means the day on which the court goes into the pleadings of the parties in order to understand their contentions. The machinery of the court is set in motion by the presentation of a plaint, which is the first… Read More »

Interpleader suit

Interpleader suit Inter-pleader suit is a suit filed by a person who has no direct interest in the subject-matter of the suit. In other words if the plaintiff is in possession of some article, things or property (in which he is not having direct interest or he may be a custodian or stake holder) and if he is… Read More »

Res Judicata

Res Judicata Res judicata is the Latin term for “a matter already judged”, and refers to the legal doctrine meant to bar continued litigation of cases that have already been decided between the same parties. Res Judicata is a rule of universal law pervading every well regulated system of jurisprudence and is based upon a practical necessity that there… Read More »

Res Sub Judice

The doctrine of res sub judice aims to prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations with respect to the same cause of action, same subject matter and same relief claimed. This doctrine of res-sub judice is embodied in section 10 of the Civil Procedure Code Section 10: Stay of Suit This section… Read More »