Sahayata & Sahayata

 In addition to pleading the factum of non-service what else had the defendant to plead in an application to set aside the ex-parte decree and under which provision? To set aside an ex parte decree under the Code of Civil Procedure, 1908 (CPC), merely pleading non-service of summons is not sufficient . The defendant must also plead that he had no knowledge of the decree and must approach the court within the limitation period prescribed by law. 📘 Relevant Provision: 🟩 Order IX Rule 13 CPC – Setting aside ex parte decree “In any case in which a decree is passed ex parte against a defendant , he may apply to the Court by which the decree was passed for an order to set it aside , and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order to set aside the decree…” ⚖️ What Must Be Pleaded in an Application under Order IX Rule 13 CPC? ✅...

Question: Under what circumstance a defendant can be arrested before judgment and when can such order be given? Explain also the procedure for such arrest and also explain under what circumstance the property of the defendant attached before judgment and procedure thereto to be followed by the court to effecting the order: also explain in case defendant is no man of means and having property in different jurisdiction:  Answer: 1. Arrest Before Judgment – Order XXXVIII Rule 1 CPC ◾ Circumstances for Arrest Before Judgment : The court may order arrest of the defendant before judgment if: The plaintiff proves with affidavit or otherwise that the defendant: Is about to abscond or leave the local jurisdiction with the intent to delay or defeat the execution of any decree that may be passed. Has the intent to obstruct or delay justice by evading the court process . 👉 Key Requirement : The plaintiff must satisfy the court that such apprehension is reasonable and bona fi...

 Under the Code of Civil Procedure, 1908 (CPC) , courts exercise various powers in the conduct of civil proceedings. These powers can be classified into discretionary powers , inherent powers , and amending powers . Each has its own legal basis, scope, and limitations. 🔹 1. Discretionary Powers ➤ Meaning: Discretionary powers are those powers which the court may exercise or not , based on the facts and circumstances of a particular case. These are not mandatory. ➤ Source: Discretionary powers are expressly provided in the CPC in various provisions using terms like "may" , indicating judicial discretion. ➤ Examples: Order 1 Rule 10(2): Power to strike out or add parties. Order 6 Rule 17: Permission to amend pleadings. Order 17 Rule 1: Adjournment of hearing. Section 151: May grant injunction or stay, if not covered under Order 39. ➤ Nature: Must be exercised judiciously , not arbitrarily. Subject to appellate or revisional review if misused....

Question: Explain under what circumstance the doctrine of res-judicata applies and also the difference between res judicata and Order II , rule 2 of the Code of Civil procedure code, 1908 Mr . ‘Xr and Mr . ' Y ' enter into contract . The contract is specifically enforceable under  Specific Relief Act, 1963 . On breach of contract , Mr . ' A ' files suit for specific performance . Whether subsequent suit by Mr . ' A ' for damages would be barred by Order II rule 2 of the CPC and   also briefly explain application of res-judicata on writ matter, PIL  🔹 Doctrine of Res-Judicata – Section 11, CPC Res-judicata means a matter adjudicated. It bars re-litigation of an issue that has already been finally decided by a competent court. ✅ When Does Res-Judicata Apply? Res judicata applies when the following essentials are satisfied: Same parties or those claiming under them. Same matter in issue in the former and subsequent suit. Final decision by a court...

Question: Discuss the meaning of the expression 'Suit of Civil Nature' as described in section 9 of Code of Civil Procedure, 1908. Plaintiff T', who is a Christian by religion, challenged her ex-communication, by filing of a plaint in the civil court. The plaint is resisted by arguing that 'mere question of religion’ is not a 'suit of civil nature'. Decide with the help of judicial precedents Answer: 1. Section 9 CPC: “Suit of Civil Nature” — Statutory Framework “The courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognisance is either expressly or impliedly barred.” Two explanatory clauses (added by the 1976 Amendment) widen the compass: Explanation Key words Practical effect I “Right to property or to an office”— If a dispute about a religious office or honour is capable of valuation in money or carries material advantages (stipend, management of offerings, burial ...

 Question: With reference to the relevant case law state whether more than one preliminary decree can be passed in a single suit. Also discuss if a preliminary decree can be modified or amended when no appeal has been preferred against such decree. If yes under what circumstances? 🔹 1. Multiple Preliminary Decrees in a Single Suit ✅ Legal Position: Yes, more than one preliminary decree can be passed in a suit , particularly in partition suits or suits involving recurring or evolving rights . 📌 Leading Case Law: Phool Chand v. Gopal Lal , (AIR 1967 SC 1470) The Supreme Court held that in appropriate cases, more than one preliminary decree can be passed. In a partition suit , a second preliminary decree is permissible where new events or rights emerge that affect the shares or entitlements of the parties. 🔹 Illustration: In a partition suit, if a party dies after the first preliminary decree, and their heirs are brought on record, the changed share distribu...

  Meaning of 'Suit of Civil Nature' under Section 9 of CPC, 1908 1. Introduction to Section 9 of CPC Section 9 of the Code of Civil Procedure, 1908 (CPC) defines the jurisdiction of civil courts and states: "The courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred." This provision ensures that civil courts have wide jurisdiction over disputes involving private rights and obligations unless specifically barred by law. 2. Meaning of 'Suit of Civil Nature' A suit of civil nature refers to a legal dispute concerning private rights and obligations of individuals rather than criminal, political, or religious matters . The term is broadly interpreted to include disputes affecting a person’s legal rights related to property, contracts, status, and liabilities. A suit is considered to be of a civil nature if: The principal question in the dispute involves privat...