Suit

Suit is a formal legal proceeding initiated by a plaintiff against a defendant in a civil court to seek a remedy for a legal wrong

Representative suit

Legal proceeding where one or more individuals litigate on behalf of group. This mechanism allows groups with a common grievance to pursue justice efficiently
Example: The builder of a large apartment complex failed to provide agreed-upon amenities(functional swimming pool, gymnasium). Instead of hundreds of individual flat owners filing separate lawsuits, one or two residents can, with court permission, file a single representative suit on behalf of all affected flat owners

Objects of a Representative Suit
1. Promote judicial efficiency: multiplicity of lawsuits that would otherwise clog the court system
2. Avoid conflicting decisions: A single judgment binds all parties represented
3. Protect the interests of many: It provides an accessible and cost-effective means for a large number of individuals
4. Societal good: It allows for issues common to an entire community.

Conditions for Filing a Representative Suit(Rule 8 CPC)
1. Numerous parties: There must be a large number of potential plaintiffs
2. Same interest: All the individuals represented must share the "same interest"
3. prior permission: The party wishing to file the representative suit must obtain prior permission from the court
4. Public notice: The court must direct that adequate notice be given to all parties interested in the suit

Cases
1. Duke of Bedford v Ellis (1901): Group of 6 farmers who were growers of fruit, flowers, vegetables, roots, or herbs filed same complaint against Duke of Bedford(owner of Covent Garden Market). Judge(Lord Macnaghten) gave term representative suit there

Filing Suit against Governemnt Officer

Process of filing a suit
1. Written notice must be sent to Govt for public officer:
  notice must contain the name, description, and residence of the person giving notice, a statement of the cause of action, and the relief claimed
  This gives the government an opportunity to settle the matter without litigation.
2. Waiting period: 2 months
3. After waiting period: Urgent relief is provided by court.

Privileges for the government or public officer
1. Exemption from personal appearance: A public officer may be exempt from appearing in court in person if the court believes their absence from duty would be detrimental to public service
2. Exemption from arrest: The public officer is not liable to be arrested in connection with the suit
3. Exemption from attachment of property: A public officer's property cannot be attached until the execution of a decree against them, provided they were acting in their official capacity.

suit against trustees, executors, or administrators(Order 31 CPC)
A suit against trust property, the trustees, executors, or administrators is against the person(s) getting benefits from trust.
Joinder of All Representatives: Where there are several trustees, executors, or administrators, all of them must be made parties to a suit against one or more of them suit against person of Unsound Mind(Order 32 CPC) Considered Minor
Process of filing a suit:
1. Enquiry by court: About person's mental capacity
2. Appointment of gurdian: Court appoint a proper person to act as their guardian for the suit (guardian ad litem)(relative or friend).
3. Written consent of proposed gurdian
4. if no friend of relative is available, court appoints its officer as gurdian
5. Compromise or Agreement: No agreement or compromise can be entered into by the guardian without permission of court

Doctrines

Set Off

Allows a defendant(against whom case is filed) to offset a debt they owe to the plaintiff(Who filed the case) against a reciprocal debt the plaintiff owes to them
Example: A (plaintiff) sues B (defendant) for $20,000 for a breach of a supply contract. B also has a separate and undisputed claim against A for $15,000, which arose from a different transaction for services A provided to B.
Legal Set-Off: B can file a legal set-off for the $15,000 because both claims are for ascertained sums and can be legally recovered. B will pay 5000 to A and case gets settled
Equitable setoff: A goes bankrupt, court can order B not to chase A for money he owned.
Essentials of set-off
- Suit must be money
- Mutual debt
- Claim must be of definite fixed amount
- Legally recoverable debt

Res-Judicata (Sec 11 of CPC(Code of Civil Procedure))

Already judged by a competent court cannot be re-litigated by the same parties. For example, if A sues B for possession of land and loses on merits, A cannot file another suit on the same claim against B
Is Section 11 CPC Exhaustive?
No, Section 11 CPC is not exhaustive; it codifies the general principle of res judicata but does not limit its broader application
Essential Conditions of Res Judicata
- Same matter-in-issue
- Same Parties
- Same title
- Decision on merits and final.
- Heard and finally decided
Constructive Res Judicata
This prevents a party from re-litigating a matter that they could have raised in the former suit but did not.
Example: A landlord sues a tenant for non-payment of rent for the months of January and February. The court rules in favor of the landlord and orders the tenant to pay the rent for those two months. What happened: In the first lawsuit, the tenant had a defense they could have raised: that they had an agreement with the landlord for a reduced rent in January because of a faulty appliance. However, the tenant did not raise this defense. Application of constructive res judicata: The tenant cannot file a new lawsuit claiming the reduced rent for January, because the issue of the January rent could have been made a ground of defense in the first lawsuit. The court will deem the matter as if it had been decided in the first proceeding, preventing the tenant from relitigating the issue in a new suit.
Does res-judicata apply to executive proceeding?
What is executive proceeding? It is legal process of enforcing a court's final judgment, compelling the losing party to comply with the court's order.
res-judicata does not apply to executive proceeding.

Res judicata vs. Estoppel

Res judicata vs. Res sub judice

Decree

A decree is a formal, written declaration from a court that resolves the rights of parties in a civil suit. This can be interim or final decision.

Types of Decrees

1. Preliminary Decree: Declares rights but leaves further steps for later inquiry (e.g., partition suits declaring shares).
2. Final Decree: decree completely disposes of the suit and determines the rights of the parties conclusively, putting an end to the litigation
3. Partly Preliminary and Partly Final: A single decree where part of the suit is conclusively decided, but other issues are left open
4. Deemed Decree: Includes rejection of plaint under Order VII Rule 11 or determinations under Section 144 CPC.

Essentials of decree

1. Adjudication: Court must formally recognize the dispute.
2. Suit: The adjudication must have occurred in a civil suit that was initiated by filing a plaint.
3. Determining rights: The adjudication must determine the rights of the parties involved in the suit.
4. Conclusive determination: The determination must be final and conclusive, with provisional decisions not qualifying as a decree.
5. Formal expression: The court must formally express its adjudication in the manner prescribed by law.

Decree vs Order

Cases

1. Hansraj Gupta(supplied material to company) v. Dehra Dun-Mussoorie Electric Tramway Co. Ltd, 1933: Hansraj Gupta received advances of Rs. 27,000 and Rs. 35,000 for a contract to supply tramway construction materials. Company failed and company tried recovering paid money from him. Verdict said sum given were not deposits but were advances

Execution of Decree

Execution is the process of enforcing a court's decree or judgment
Who can apply for execution
1. original decree-holder(on whose favor decree has passed)
2. legal heirs of the decree-holder, if the decree-holder is deceased
3. representative of the decree-holder
4. person claiming under the decree-holder(person getting benefit from decree)
5. transferee of the decree-holder, provided certain conditions are met
6. One or more joint decree-holders
Modes of execution of a decree
1. Delivery of property: Applies to award a particular property, such as a house or goods.
2. Court can sell some propertty of defendent
3. Arrest and detention: Decree-debtor can be arrested and sent to civil prison
4. Appointment of a receiver: receiver directly recieving the property
Questions Decided by the Executing Court at time of executing the decree
1. Whether a decree is executable or inexecutable.
2. if property is liable to be attached or sold in execution of the decree.
3. Whether the decree has been fully satisfied.
When Can the Executing Court Go Behind the Decree?
1. Nullity of the decree:If the decree is a nullity (void ab initio) due to an inherent lack of jurisdiction by the court that passed it, the executing court can refuse to execute it. Examples include a decree passed against a dead person without their legal representatives being brought on record
2. Ambiguity in the decree:If the terms of the decree are vague or ambiguous
Example: Court issues a decree in favor of A(decree-holder), asking B(judgment-debtor) to pay 10lac inr. A applies for application of decree.
Attachment and sale: Mr. A could request the court to attach and sell one of Mr. B's properties to recover the 10lac INR
Arrest and detention: If Brefuses to pay or cooperate, A could ask the court to arrest him and detain him in civil prison until he pays the amount
Appointment of a receiver: If B owns a business, A could ask the court to appoint a receiver to manage the business and collect profits to pay off the debt.
Cases
1. Desh Bandhu Gupta(tenant) vs. Shanti Devi(owner1), NL anand(owner2) 1993: Owner1 has filed suit in Rent Recovery court for arrear of rent of 7780. Owner1 sold to owner2 and Owner2 continued the case. Property was 550sqyard commercial plot. Tenant deposited 13000 as rent but without tenant's knowledge plot was sold in auction for 1.05 lac with permission of court. SC nullified the sale mentioned it was not informed to judement-debator(tenant)

Setting aside sale of immovable property in execution of decree
It means canceling a court-ordered sale after it has already occurred. It means previously finalized sale is nullified and becomes legally void. This happens after the auction has been completed and property returns to original owner.
Reasons for setting aside a sale
1. Less money recieved than reserved price
2. fraud in publishing or conducting the sale
3. buyer does not have interest to buy anymore

which properties can not be attached in execution of decree
Attachment means legally siezing the property by court so that it can satisfy the debt. Properties which cannot be siezed:
  Personal items(wearing apparel, cooking vessels)
  tools of artisians(eg: tools of farming)
  pensions and gratuities, salary of labourers and domestic servants
  Personal ornaments of a woman
  Provident funds and life insurance policies

Civil court jurisdiction

Civil courts can try all suits of a civil nature, unless their jurisdiction is expressly or implicitly barred by law.
Types of civil court jurisdiction
1. Territorial Jurisdiction: geographical area in which a court has the authority to hear a case
2. Pecuniary(Money) Jurisdiction: Upto how much amount case court can hear
3. subject matter Jurisdiction: Only hear type of case. Eg: Civil court cannot hear criminal disputes
4. Original Jurisdiction: Civil court has power to hear the case for 1st time
5. Appellate Jurisdiction: power to review decisions made by lower courts

Foreign Judgment

This is a decision made by a court outside of India
Nature? A foreign judgment is an adjudication by a foreign court on a matter brought before it. It is conclusive regarding the matters directly decided between the parties involved.
Scope? Governed by the Civil Procedure Code in India
When are they binding and conclusive?
- if it passes the test of Section 13 of the Civil Procedure Code
- Case was decided after considering evidence and arguments & then judegement was given
- Not founded on an incorrect view of international law
- Not opposed to principles of natural justice
- Not been obtained by fraud.
When are they not binding?
- Foreign court did not have competent jurisdiction over the case.
- Judgment was not based on a substantive evaluation of the evidence
- Violation of natural justice
- Fraud
- Breach of Indian law

Commissions

Commission is a court order that appoints an individual, a commissioner, to perform specific tasks outside the courtroom to assist in a case, such as examining witnesses or conducting local investigations
Powers of court to issue commissions(Sec 75-78 of Code of Civil Procedure (CPC))
- Court has power to issue a commission for purposes like examination of witnesses, local investigations, or adjusting accounts.
- Commission can be issed by court itself or request of party
- Court has power to issue commission for different reasons, eg: witness cannot attend court due to sickness, infirmity, or residing outside the court's jurisdiction.

Arrest

Issues

In civil suits governed by the CPC(Civil Procedure Code, 1908), issues are material points of fact or law in dispute between the parties that require the court's determination to reach a judgment
Example: Consider a suit where the Plaintiff (P) claims the that he has given 10 lac loan to Defendant (D), and D owes ₹10 lakh, while D denies this, says documents provided by P's proving he has given loan to D are forged. The court would frame issues such as:
  - Whether P proves D borrowed ₹10 lakh? (Issue of Fact)
  - Whether D proves the loan document is a forgery? (Issue of Fact)
  - Whether P is entitled to recover the amount and relief? (Issue of Law/Fact)
  - What relief should be granted? (General Issue)
How issues are framed?
framed by the court at the "first hearing" of the suit.
Process of framing the issues
1. Court reads the case. Plaintiff's plea and defendent's written defense
2. Examining parties: Court examines parties orally
3. Reviewing documents:
4. Hearing arguments:
Kinds of Issues
1. Issues of Fact: Factual question. what is dispute in the case
2. Issues of Law: Legal question. concerning the legal principles applicable to the case
3. Mixed issue of fact and law:
Ommission to file a issue
An omission to frame a specific issue is considered an irregularity. if wrongly filed issue causes wrong verdict, appellate court may demand fresh trial
Power and Duty of the Court on Issues
court has the primary duty to frame proper and precise issues covering all material points in dispute. Court must decide on issues framed.

Inherent Powers of Court

What? Implicit, discretionary powers of a court to take actions necessary to administer justice where the law is silent.
When Inherent powers are used?
1. Preventing abuse of process: To stop frivolous litigation or harassment
2. To meet unforeseen circumstances: When the law does not provide a specific procedure for a situation that arises.
3. Rectifying errors: To correct mistakes made by the court in its orders or judgments.
4. To avoid same issue discussed multiple times
Provisions where inherent powers cannot be invoked:
1. when a specific rule or provision in the CPC exists
2. To do something prohibited by law
Inherent powers in CPC Sections
Sec 148: extending time. If justified court can extend time for presenting evidence or appearing in court
Sec 149: With court fee
Sec 151: General power to make orders for justice and to prevent abuse
Sec 152: With amending judgments
Sec 153: With amending proceedings
Sec 153-A: Amending decrees after an appeal is dismissed

Cases

1. Ram Chand and Sons Sugar Mills vs Kanhaya Lal Bhargava & Ors. (1961): Director of Ram Chand misbehaved and took undue advantage. Kanhaya lal Co filed suit. SC gave ruling that a court cannot use its inherent powers under Section 151 of the Code of Civil Procedure (CPC) if doing so conflicts with other powers expressly or implicitly given by the CPC.

Indigent person / Pauper(very poor person)

Who is Pauper? Someone who lacks the financial means to pay court fees and file a lawsuit. Pauper should give application under Sec 43(CPC), court will investigate financial condition and will qualify person as pauper
How to file a suit as an indigent person?
1. File an application: Asking court to exempt fee as I am pauper
2. Detials of Assets: Provide detials movable and immovable property of the applicant with its estimated value.
3. Affidavit: A verification of the application is required, often through an affidavit.
4. Court examination: The court will conduct an initial examination to determine if the applicant genuinely lacks the means to pay court fees
5. Grant or rejection: If the court is satisfied, it will grant leave to sue.
When an application to sue as a pauper is rejected
1. The application is not presented by the applicant in person.
2. The applicant is found not to be an indigent person (i.e., they have the means to pay).
3. The plaint does not show a cause of action.
4. The suit is barred by any law.
5. The applicant has been guilty of vexatious or improper conduct in the course of the suit.
6. The applicant has transferred their property to avoid paying court fees.

Inter-Pledger suit

Neutral third party(plaintiff), who holds money or property, to compel two or more rival claimants (defendants) to litigate their claims among themselves to determine the rightful owner.
Characteristics of an Interpleader Suit
1. Disputed subject matter
2. Adverse claims by multiple defendants
3. Plaintiff's lack of interest in the outcome beyond costs or charges.
4. not possible if another relevant suit is pending
Procedure of an Interpleader Suit at Hearing
1. Court can discharge plantiff and ask neutral stakeholders to bear case fee
2. Court can also decide the ownership of the disputed item immediately based on available evidence.

Injunction

Court order requiring a person to do or refrain from doing a specific act.
Kinds of injunction
1. Temporary (or Interim): court order that lasts for a specific period or until the final disposal of the suit.
2. Permanent (or Perpetual): court order issued after the final judgment. It permanently restrains a party from doing a specified act.
3. Mandatory Injunction: A court order that requires a party to perform a certain act.
4. Prohibitory Injunction: A court order that prohibits a party from doing a particular act.
Object of a temporary injunction
To preserve the status quo of the subject matter of the dispute until the case is finally decided.
Grounds for granting a temporary injunction
1. Prima Facie Case: Plantiff shows their rights needs protection
2. Irreparable Injury: Plantiff shows they will suffer an irreparable injury if the injunction is not granted.
3. Balance of Convenience: The court must be convinced that the balance of convenience lies in favor of granting the injunction. This means that the potential harm to the plaintiff if the injunction is denied is greater than the harm to the defendant if it is granted.
4. Disputed property in danger: if the property is in danger of being wasted, damaged, or wrongfully sold.
5. Threat of injury: the defendant threatens to dispossess the plaintiff or cause other injury.

Rules for institution of suits

This includes correctly including all necessary parties and causes of action.
Misjoinder of cause of action is the improper combination of unrelated claims within a single suit
Joinder of parties is the correct inclusion of all necessary and proper parties
Non-joinder of parties: The omission of a necessary or proper party from the lawsuit. This can be fatal to a suit.
Splitting of claims is when a plaintiff splits a single cause of action into multiple lawsuits, which is generally prohibited.

Reciever

An impartial person(eg lawyer or accountant) appointed by a court to take custody of disputed property, manage a company in financial distress
When can a receiver be appointed?
1. Disputed property
2. Financial distress of company
3. Post-judgment:After a court has issued a judgment for an unpaid debt, a receiver can be appointed to seize and sell assets to satisfy the debt.
4. Other circumstances: During a bankruptcy etc
Powers and duties
1. Manage and preserve
2. Collect income
3. Secure assets
4. Maximize value
5. Pay debt
Cases
1. Jagat Tarini Dasi v. Naba Gopal Chaki case: Established the legal status of a court-appointed receiver. official under the court's direct control, and their possession of the property is considered the court's possession

Terms

Adjudicate

means to make a formal decision about something. Eg: judge will adjudicate the case

Affidavit

An affidavit is a written, voluntary statement of fact that is sworn to be true under oath. its truthfulness is verified by the person signing it (the affiant) and confirmed by an authorized official, such as a notary public. Signing a false affidavit can lead to charges of perjury.

Mesne Profits

profits or benefits that a person in wrongful possession of immovable property received(including interest). But actual owner can claim the profits from wrongful possesor. Eg: A is the rightful owner of a property, but B is occupying and renting it out for a year, A can claim the total rent B collected (or reasonably could have collected) as mesne profits

Judgment Debtor

Any person against whom a court has passed a decree or an order capable of execution (enforcement)

Legal Representative

A person who in law represents the estate of a deceased person

Decree Holder

Any person in whose favor a decree (a formal court judgment determining rights) has been passed or an order capable of execution has been made.

Ex Parte Decree

Court judgement passed in absence of 1 party who failed to appear in court on the appointed date

Garnishee Order

An order from the court that allows a judgment creditor to seize money from the judgment debtor's bank account or from a third party

Precept

An order or command, often issued by one court to another court of equal or inferior jurisdiction

Precept(general rule intended to regulate behaviour or thought / Warrant)

An order or command, often issued by one court to another court of equal or inferior jurisdiction

Ratable Distribution of Assets

distribution of the proceeds from the sale of a judgment debtor's property among several decree holders

Cause of Action

Circumstances that give rise to situation to bring case to court. Example :A homeowner discovers a neighbor's new fence is built two feet inside their property line, constituting a trespass. The "cause of action" for a boundary dispute arises from the specific action of wrongful encroachment on the property

Restitution

act of restoring a person to their original position before a loss or injury occurred, often by returning property or providing financial compensation
Cases:
1. Cheni v. Shaik Ali 1993: Orders were given AP High court addresses issues with wrongful orders and restituion.

Interlocutory Orders

Temporary orders issued by a court during the pendency of a lawsuit to regulate the rights of the parties

Multifariousness

Improper joining of distinct and independent claims or parties in a single lawsuit that should be pursued in separate actions.

Cross-objection

Appeal filed by a respondent in an appeal proceeding against a finding in the lower court's judgment

Abatement

Suspension or termination of a lawsuit due to the occurrence of a certain event, most commonly the death of a party

Law of Limitation

law that sets a time limit for filing legal actions.
Example:
Imagine you given money to someone and he owes to pay you. The law of limitation might say that you have a certain period (e.g., 3 years) to file a lawsuit to recover that debt.
Scenario 1 (Within limitation period): If you file a lawsuit within the 4-year period, the court will likely hear your case and could order the person to pay you.
Scenario 2 (After limitation period): If you wait 4 years to file the lawsuit, the law of limitation prevents you from suing. The court will dismiss your claim because it is time-barred.

Nature of the Law of Limitation
1. Procedural Law: Wants procedure to be followed
2. No remedy after time period expiry
3. Does not extinguish the right: Even after 3 years you own money and choose to get that

Terms

Limitation: sets a specific time limit within which a lawsuit or legal proceeding must be initiated
Prescription: substantive right (usually related to property) through long, continuous, and uninterrupted use. Example: if I use neighbour's land to store my goods for 20 years, I can claim ownership of it
Estoppel
Laches(unreasonable delay): Example: A property owner is aware their neighbor is building a structure that infringes on their property line, but waits five years until the structure is complete before filing a lawsuit to have it torn down. The court may apply the doctrine of laches to bar the claim, as the unreasonable delay prejudiced the neighbor who incurred significant expense building the structure.
Acquiescence(Accepting of something without protest)
A company uses a trademark very similar to a competitor's for several years. The competitor is aware of this use but does not object. This inaction may be seen as acquiescence, which could prevent the competitor from later suing for trademark infringement because their silence implied consent to the use of the mark.

Sec 6,7,8 of Limitation Act

Sec-6. Minor can file a suit for 3 years after attaning majority. person is a minor when they are wronged, and the limitation period for filing a suit is 3 years. They cannot file a suit while they are a minor. When they turn 18, the limitation period begins to run, but they still have until their 21st birthday to file the suit (3 years after they turn 18).
Sec-7. Disability of a guardian: If a person under a legal disability has a legal guardian who is not under any disability, the guardian must bring the suit on their behalf. If the guardian also has a disability, then Section 6 applies.
Sec-8. Limitation period after disability: Relaxation on minor cannot go beyond 3 years.

Fraud or mistake on calculation of Limtation

Fraud or mistake can postpone the start of the limitation period until the plaintiff or applicant has discovered the fraud or mistake, or could have discovered it with reasonable diligence