Vijayapura District Advocates by S.V.Hajeri, Advocate

18/02/2024

12/10/2023

11/05/2022

CPC IMPORTANT SECTIONS AND ORDERS WITH RULES:

Section 2. Definitions.
Section 6. Pecuniary jurisdiction.
Section 9. Courts to try all civil suits unless barred.
Section 10. Stay of suit.
Section 11. Res-judicata.
Section 12. Bar to further suit.
Section 13. When foreign judgment not conclusive.
Section 14. Presumption as to foreign judgments.
Section 15. Court in which suits to be instituted.
Section 16. Suits to be instituted where subject-matter situate.
Section 17. Suits for immovable property situate within jurisdiction of different Courts.
Section 18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain.
Section 19. Suits for compensation for wrongs to person or movable.
Section 20. Other suits to be instituted where defendants reside or cause of action arises.
Section 21. Objections to jurisdiction.
Section 21A. Bar on suit to set aside decree on objection as to place of suing.
Section 22. Power to transfer suits which may be instituted in more than one Court.
Section 23. To what Court application lies.
Section 24. General power of transfer and withdrawal.
Section 25. Power of Supreme Court to transfer suits, etc.
Section 26. Institution of suits.
Section 27. Summons to defendants.
Section 28. Service of summons where defendant resides in another State.
Section 29. Service of foreign summonses.
Section 30. Power to order discovery and the like.
Section 31. Summons to witness.
Section 32. Penalty for default.
Section 33. Judgment and decree.
Section 34. Interest.
Section 35. Costs.
Section 39. Transfer of decree.
Section 46. Precepts.
Section 52. Enforcement of decree against legal representative.
Section 55. Arrest and detention.
Section 56. Prohibition of arrest or detention of women in ex*****on of decree for money.
Section 60. Property liable to attachment and sale in ex*****on of decree.
Section 77. Letter of request.
Section 78. Commissions issued by foreign Courts.
Section 79. Suits by or against Government.
Section 80. Notice.
Section 82. Ex*****on of decree.
Section 89. Arbitration.
Section 91. Public nuisances and other wrongful acts affecting the public.
Section 92. Public charities.
Section 96 to Section 112 – Appeals.
Section 113 to Section 115 – Reference, Review and Revision.
Section 144. Application for restitution.
Section 148. Enlargement of time.
Section 148A. Right to lodge a caveat.
Section 151. Saving of inherent powers of Court.
Section 152. Amendment of judgments, decrees or orders.
Section 153. General power to amend.
Important Orders and Rules of Civil Procedure Code
The Orders and Rules of Civil Procedure Code prescribe procedures and methods that govern civil proceedings in the country.
Order 1 – PARTIES TO SUITS
Rule 1. Who may be joined as plaintiffs.
Rule 3. Who may be joined as defendants.
Rule 9. Mis-joinder and non-joinder.
Rule 10. Suit in name of wrong plaintiff.
Rule 13. Objections as to non-joinder or mis-joinder.
Order 2 – FRAME OF SUIT
Rule 1. Frame of suit.
Rule 3. Joinder of causes of action.
Rule 7. Objections as to mis-joinder.
Order 4 – INSTITUTION OF SUITS
Rule 1. Suit to be commenced by plaint.
Rule 2. Register of suits.
Order 5 – ISSUE AND SERVICE OF SUMMONS
Rule 1. Summons.
Rule 3. Court may order defendant or plaintiff to appear in person.
Rule 9. Delivery or transmission of summons for service.
Rule 9A. Summons given to the plaintiff for service.
Rule 15. Where service may be on an adult member of defendant’s family.
Rule 17. Procedure when defendant refuses to accept service, or cannot be found.
Rule 20. Substituted service.
Rule 24. Service on defendant in prison.
Rule 28. Service on soldiers, sailors or airmen.
Rule 30. Substitution of letter for summons.
Order 6 – PLEADINGS GENERALLY
Rule 1. Pleading.
Rule 2. Pleading to state material facts and not evidence.
Rule 3. Forms of pleading.
Rule 16. Striking out pleadings.
Rule 17. Amendment of pleadings.
Rule 18. Failure to amend after order.
Order 7 – PLAINT
Rule 1. Particulars to be contained in plaint.
Rule 4. When plaintiff sues as representative.
Rule 10. Return of plaint.
Rule 11. Rejection of plaint.
Rule 14. Production of document on which plaintiff sues.
Order 8 – WRITTEN STATEMENT, SET-OF AND COUNTER-CLAIM
Rule 1. Written statement.
Rule 1A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him.
Rule 6. Particulars of set-off to be given in written statement.
Rule 6A. Counter-claim by defendant.
Rule 6B. Counter-claim to be stated.
Order 9- APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE
Rule 1. Parties to appear on day fixed in summons for defendant to appear and answer.
Rule 3. Where neither party appears, suit to be dismissed.
Rule 5. Dismissal of suit where plaintiff after summons returned unserved, fails for one month to apply for fresh summons.
Rule 6. Procedure when only plaintiff appears.
Rule 8. Procedure where defendant only appears.
Rule 13. Setting aside decree ex-parte against defendant.
Rule 14. No decree to be set aside without notice to opposite party.
Order 10- EXAMINATION OF PARTIES BY THE COURT
Rule 1. Ascertainment whether allegations in pleadings are admitted or denied.
Rule 1A. Direction of the court to opt for any one mode of alternative dispute resolution.
Rule 3. Substance of examination to be written.
Order 14- SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON
Rule 1. Framing of issues.
Rule 3. Materials from which issues may be framed.
Rule 5. Power to amend and strike out, issues.
Order 15- DISPOSAL OF THE SUIT AT THE FIRST HEARING
Rule 1. Parties not at issue.
Rule 2. One of several defendants not at issue.
Rule 3. Parties at issue.
Rule 4. Failure to produce evidence.
Order 16- SUMMONING AND ATTENDANCE OF WITNESSES
Rule 6. Summons to produce document.
Rule 10. Procedure whose witness fails to comply with summons.
Rule 12. Procedure if witness fails to appear.
Order 17- ADJOURNMENTS
Rule 1. Court may grant time and adjourn hearing.
Rule 2. Procedure if parties fail to appear on day fixed.
Rule 3. Court may proceed notwithstanding either party fails to produce evidence, etc.
Order 20- JUDGMENT AND DECREE
Rule 1. Judgment when pronounced.
Rule 6. Contents of decree.
Rule 6A. Last paragraph of judgment to indicate in precise terms the reliefs granted.
Rule 12. Decree for possession and mesne profits.
Order 20A- COSTS
Rule 1. Provisions relating to certain items.
Rule 2. Costs to be awarded in accordance with the rules made by High Court.
Order 21- EX*****ON OF DECREES AND ORDERS
Rule 3. Lands situate in more than one jurisdiction.
Rule 6. Procedure where Court desires that its own decree shall be executed by another Court.
Rule 9. Ex*****on of High Court of decree transferred by other Court.
Rule 11. Oral application.
Rule 18. Ex*****on in case of cross-decrees.
Rule 19. Ex*****on in case of cross-claims under same decree.
Rule 24. Process for ex*****on.
Rule 26. When Court may stay ex*****on.
Rule 42. Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined.
Rule 58. Adjudication of claims to, or objections to attachment of, property.
Order 26- COMMISSIONS
Rule 1. Cases in which Court may issue commission to examine witness.
Rule 9. Commissions to make local investigations.
Rule 10. Procedure of Commissioner.
Rule 10A. Commission for scientific investigation.
Rule 10B. Commission for performance of a ministerial act.
Rule 10C. Commission for the sale of movable property.
Rule 11. Commission to examine or adjust accounts.
Rule 13. Commission to make partition of immovable property.
Rule 16. Powers of Commissioners.
Rule 19. Cases in which High Court may issue commission to examine witness.
Order 32- SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND
Rule 1. Minor to sue by next friend.
Rule 2A. Security to be furnished by next friend when so ordered.
Rule 4. Who may act as next friend or be appointed guardian for the suit.
Order 33- SUITS BY INDIGENT PERSONS
Rule 1. Suits may be instituted by indigent person.
Rule 3. Presentation of application.
Rule 4. Examination of applicant.
Rule 5. Rejection of application.
Rule 9. Withdrawal of permission to sue as an indigent person.
Order 35- INTERPLEADER
Rule 1. Plaint in interpleader-suit.
Rule 5. Agents and tenants may not institute interpleader suits.
Order 38- ARREST AND ATTACHMENT BEFORE JUDGEMENT
Rule 7. Mode of making attachment.
Rule 9. Removal of attachment when security furnished or suit dismissed.
Rule 11. Property attached before judgment not to be re-attached in ex*****on of decree.
Rule 11A. Provisions applicable to attachment.
Rule 12. Agricultural produce not attachable before judgment.
Order 39- TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS
Rule 1. Cases in which temporary injunction may be granted.
Rule 3A. Court to dispose of application for injunction within thirty days.
Order 40- APPOINTMENT OF RECEIVERS
Rule 1. Appointment of receivers.
Rule 3. Duties.
Order 41- APPEALS FROM ORIGINAL DECREES
Rule 2. Grounds which may be taken in appeal.
Rule 5. Stay by Appellate Court.
Rule 37. Certified copy of decree to be sent to Court whose decree appealed from.
Order 42- APPEALS FROM APPELLATE DECREES
Rule 1. Procedure.
Order 43- APPEALS FROM ORDERS
Rule 1A. Right to challenge non-appealable orders in appeal against decree.
Order 44- APPEALS BY INDIGENT PERSONS
Rule 1. Who may appeal as an indigent person.
Rule 3. Inquiry as to whether applicant is an indigent person.
Order 46- REFERENCE
Rule 1. Reference of question to High Court.
Rule 4A. Reference to high Court under proviso to section 113.
Order 47- REVIEW
Rule 1. Application for review of judgment.
Rule 4. Application where rejected.CPC IMPORTANT SECTIONS AND ORDERS WITH RULES:

Section 2. Definitions.
Section 6. Pecuniary jurisdiction.
Section 9. Courts to try all civil suits unless barred.
Section 10. Stay of suit.
Section 11. Res-judicata.
Section 12. Bar to further suit.
Section 13. When foreign judgment not conclusive.
Section 14. Presumption as to foreign judgments.
Section 15. Court in which suits to be instituted.
Section 16. Suits to be instituted where subject-matter situate.
Section 17. Suits for immovable property situate within jurisdiction of different Courts.
Section 18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain.
Section 19. Suits for compensation for wrongs to person or movable.
Section 20. Other suits to be instituted where defendants reside or cause of action arises.
Section 21. Objections to jurisdiction.
Section 21A. Bar on suit to set aside decree on objection as to place of suing.
Section 22. Power to transfer suits which may be instituted in more than one Court.
Section 23. To what Court application lies.
Section 24. General power of transfer and withdrawal.
Section 25. Power of Supreme Court to transfer suits, etc.
Section 26. Institution of suits.
Section 27. Summons to defendants.
Section 28. Service of summons where defendant resides in another State.
Section 29. Service of foreign summonses.
Section 30. Power to order discovery and the like.
Section 31. Summons to witness.
Section 32. Penalty for default.
Section 33. Judgment and decree.
Section 34. Interest.
Section 35. Costs.
Section 39. Transfer of decree.
Section 46. Precepts.
Section 52. Enforcement of decree against legal representative.
Section 55. Arrest and detention.
Section 56. Prohibition of arrest or detention of women in ex*****on of decree for money.
Section 60. Property liable to attachment and sale in ex*****on of decree.
Section 77. Letter of request.
Section 78. Commissions issued by foreign Courts.
Section 79. Suits by or against Government.
Section 80. Notice.
Section 82. Ex*****on of decree.
Section 89. Arbitration.
Section 91. Public nuisances and other wrongful acts affecting the public.
Section 92. Public charities.
Section 96 to Section 112 – Appeals.
Section 113 to Section 115 – Reference, Review and Revision.
Section 144. Application for restitution.
Section 148. Enlargement of time.
Section 148A. Right to lodge a caveat.
Section 151. Saving of inherent powers of Court.
Section 152. Amendment of judgments, decrees or orders.
Section 153. General power to amend.
Important Orders and Rules of Civil Procedure Code
The Orders and Rules of Civil Procedure Code prescribe procedures and methods that govern civil proceedings in the country.
Order 1 – PARTIES TO SUITS
Rule 1. Who may be joined as plaintiffs.
Rule 3. Who may be joined as defendants.
Rule 9. Mis-joinder and non-joinder.
Rule 10. Suit in name of wrong plaintiff.
Rule 13. Objections as to non-joinder or mis-joinder.
Order 2 – FRAME OF SUIT
Rule 1. Frame of suit.
Rule 3. Joinder of causes of action.
Rule 7. Objections as to mis-joinder.
Order 4 – INSTITUTION OF SUITS
Rule 1. Suit to be commenced by plaint.
Rule 2. Register of suits.
Order 5 – ISSUE AND SERVICE OF SUMMONS
Rule 1. Summons.
Rule 3. Court may order defendant or plaintiff to appear in person.
Rule 9. Delivery or transmission of summons for service.
Rule 9A. Summons given to the plaintiff for service.
Rule 15. Where service may be on an adult member of defendant’s family.
Rule 17. Procedure when defendant refuses to accept service, or cannot be found.
Rule 20. Substituted service.
Rule 24. Service on defendant in prison.
Rule 28. Service on soldiers, sailors or airmen.
Rule 30. Substitution of letter for summons.
Order 6 – PLEADINGS GENERALLY
Rule 1. Pleading.
Rule 2. Pleading to state material facts and not evidence.
Rule 3. Forms of pleading.
Rule 16. Striking out pleadings.
Rule 17. Amendment of pleadings.
Rule 18. Failure to amend after order.
Order 7 – PLAINT
Rule 1. Particulars to be contained in plaint.
Rule 4. When plaintiff sues as representative.
Rule 10. Return of plaint.
Rule 11. Rejection of plaint.
Rule 14. Production of document on which plaintiff sues.
Order 8 – WRITTEN STATEMENT, SET-OF AND COUNTER-CLAIM
Rule 1. Written statement.
Rule 1A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him.
Rule 6. Particulars of set-off to be given in written statement.
Rule 6A. Counter-claim by defendant.
Rule 6B. Counter-claim to be stated.
Order 9- APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE
Rule 1. Parties to appear on day fixed in summons for defendant to appear and answer.
Rule 3. Where neither party appears, suit to be dismissed.
Rule 5. Dismissal of suit where plaintiff after summons returned unserved, fails for one month to apply for fresh summons.
Rule 6. Procedure when only plaintiff appears.
Rule 8. Procedure where defendant only appears.
Rule 13. Setting aside decree ex-parte against defendant.
Rule 14. No decree to be set aside without notice to opposite party.
Order 10- EXAMINATION OF PARTIES BY THE COURT
Rule 1. Ascertainment whether allegations in pleadings are admitted or denied.
Rule 1A. Direction of the court to opt for any one mode of alternative dispute resolution.
Rule 3. Substance of examination to be written.
Order 14- SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON
Rule 1. Framing of issues.
Rule 3. Materials from which issues may be framed.
Rule 5. Power to amend and strike out, issues.
Order 15- DISPOSAL OF THE SUIT AT THE FIRST HEARING
Rule 1. Parties not at issue.
Rule 2. One of several defendants not at issue.
Rule 3. Parties at issue.
Rule 4. Failure to produce evidence.
Order 16- SUMMONING AND ATTENDANCE OF WITNESSES
Rule 6. Summons to produce document.
Rule 10. Procedure whose witness fails to comply with summons.
Rule 12. Procedure if witness fails to appear.
Order 17- ADJOURNMENTS
Rule 1. Court may grant time and adjourn hearing.
Rule 2. Procedure if parties fail to appear on day fixed.
Rule 3. Court may proceed notwithstanding either party fails to produce evidence, etc.
Order 20- JUDGMENT AND DECREE
Rule 1. Judgment when pronounced.
Rule 6. Contents of decree.
Rule 6A. Last paragraph of judgment to indicate in precise terms the reliefs granted.
Rule 12. Decree for possession and mesne profits.
Order 20A- COSTS
Rule 1. Provisions relating to certain items.
Rule 2. Costs to be awarded in accordance with the rules made by High Court.
Order 21- EX*****ON OF DECREES AND ORDERS
Rule 3. Lands situate in more than one jurisdiction.
Rule 6. Procedure where Court desires that its own decree shall be executed by another Court.
Rule 9. Ex*****on of High Court of decree transferred by other Court.
Rule 11. Oral application.
Rule 18. Ex*****on in case of cross-decrees.
Rule 19. Ex*****on in case of cross-claims under same decree.
Rule 24. Process for ex*****on.
Rule 26. When Court may stay ex*****on.
Rule 42. Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined.
Rule 58. Adjudication of claims to, or objections to attachment of, property.
Order 26- COMMISSIONS
Rule 1. Cases in which Court may issue commission to examine witness.
Rule 9. Commissions to make local investigations.
Rule 10. Procedure of Commissioner.
Rule 10A. Commission for scientific investigation.
Rule 10B. Commission for performance of a ministerial act.
Rule 10C. Commission for the sale of movable property.
Rule 11. Commission to examine or adjust accounts.
Rule 13. Commission to make partition of immovable property.
Rule 16. Powers of Commissioners.
Rule 19. Cases in which High Court may issue commission to examine witness.
Order 32- SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND
Rule 1. Minor to sue by next friend.
Rule 2A. Security to be furnished by next friend when so ordered.
Rule 4. Who may act as next friend or be appointed guardian for the suit.
Order 33- SUITS BY INDIGENT PERSONS
Rule 1. Suits may be instituted by indigent person.
Rule 3. Presentation of application.
Rule 4. Examination of applicant.
Rule 5. Rejection of application.
Rule 9. Withdrawal of permission to sue as an indigent person.
Order 35- INTERPLEADER
Rule 1. Plaint in interpleader-suit.
Rule 5. Agents and tenants may not institute interpleader suits.
Order 38- ARREST AND ATTACHMENT BEFORE JUDGEMENT
Rule 7. Mode of making attachment.
Rule 9. Removal of attachment when security furnished or suit dismissed.
Rule 11. Property attached before judgment not to be re-attached in ex*****on of decree.
Rule 11A. Provisions applicable to attachment.
Rule 12. Agricultural produce not attachable before judgment.
Order 39- TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS
Rule 1. Cases in which temporary injunction may be granted.
Rule 3A. Court to dispose of application for injunction within thirty days.
Order 40- APPOINTMENT OF RECEIVERS
Rule 1. Appointment of receivers.
Rule 3. Duties.
Order 41- APPEALS FROM ORIGINAL DECREES
Rule 2. Grounds which may be taken in appeal.
Rule 5. Stay by Appellate Court.
Rule 37. Certified copy of decree to be sent to Court whose decree appealed from.
Order 42- APPEALS FROM APPELLATE DECREES
Rule 1. Procedure.
Order 43- APPEALS FROM ORDERS
Rule 1A. Right to challenge non-appealable orders in appeal against decree.
Order 44- APPEALS BY INDIGENT PERSONS
Rule 1. Who may appeal as an indigent person.
Rule 3. Inquiry as to whether applicant is an indigent person.
Order 46- REFERENCE
Rule 1. Reference of question to High Court.
Rule 4A. Reference to high Court under proviso to section 113.
Order 47- REVIEW
Rule 1. Application for review of judgment.
Rule 4. Application where rejected.

09/01/2022

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25/11/2021

22/08/2020

Forcible possession of private property by State Govt. is violative of human and constitutional right. Supreme Court awards compensation in writ proceedings since claim for compensation could not be made by illiterate widow. Plea of adverse possession by State Govt deprecated. Supreme Court 8:1: 2020
Vidya Devi vs The State of Himachal Pradesh & Ors
Civil Appeal No. 60­61 of 2020
Decided on 8 January 2020
Indu Malhotra-J
Ajay Rastogi-J
B.R.Gavai-J
Judgment Link:https://main.sci.gov.in/supremecourt/2018/36919/36919_2018_17_1501_19333_Judgement_08-Jan-2020.pdf

HELD 2. The Respondent–State took over the land of the Appellant in 1967–68 for the construction of a major District Road ….
3. The Appellant, being an illiterate widow, coming from a rural background, was wholly unaware of her rights and entitlement in law, and did not file any proceedings for compensation of the land compulsorily taken over by the State.
6. The Appellant submits that she learnt of these proceedings in 2010, when she along with her two daughters filed C.W.P. No. 1736 of 2010 before the Himachal Pradesh High Court, praying that the State be directed to pay compensation for the land acquired in 1967–68; or, in the alternative, direct the State to initiate acquisition proceedings under the Land Acquisition Act, 1894.
7. The High Court vide the impugned Judgment and Order dated 11.09.2013 held that the matter involved disputed questions of law and fact for determination on the starting point of limitation, which could not be adjudicated in Writ proceedings. The Appellant was granted liberty to file a Civil Suit.
10.2. The right to property ceased to be a fundamental right by the Constitution (Forty Fourth Amendment) Act, 1978, however, it continued to be a human right2 in a welfare State, and a Constitutional right under Article 300 A of the Constitution. Article 300 A provides that no person shall be deprived of his property save by authority of law. The State cannot dispossess a citizen of his property except in accordance with the procedure established by law. The obligation to pay compensation, though not expressly included in Article 300 A, can be inferred in that Article. To forcibly dispossess a person of his private property, without following due process of law, would be violative of a human right, as also the constitutional right under Article 300 A of the Constitution.
10.5. In a democratic polity governed by the rule of law, the State could not have deprived a citizen of their property without the sanction of law. Reliance is placed on the judgment of this Court in Tukaram Kana Joshi & Ors. v. M.I.D.C. & Ors.8 wherein it was held that the State must comply with the procedure for acquisition, requisition, or any other permissible statutory mode. The State being a welfare State governed by the rule of law cannot arrogate to itself a status beyond what is provided by the Constitution.
10.6. We are surprised by the plea taken by the State before the High Court, that since it has been in continuous possession of the land for over 42 years, it would tantamount to “adverse” possession. The State being a welfare State, cannot be permitted to take the plea of adverse possession, which allows a trespasser i.e. a person guilty of a tort, or even a crime, to gain legal title over such property for over 12 years. The State cannot be permitted to perfect its title over the land by invoking the doctrine of adverse possession to grab the property of its own citizens, as has been done in the present case.
13 In view of the aforesaid facts and circumstances of the present case, the Respondent–State is directed to pay the compensation on the same terms as awarded by the Reference Court vide Order dated 07.07.2015 in Anakh Singh’s case (i.e. Land Reference No.1 of 2011 RBT No.01/13) alongwith all statutory benefits including solatium, interest, etc. within a period of 8 weeks, treating it as a case of deemed acquisition. An Affidavit of compliance is directed to be filed by the State before this Court within 10 weeks.. The Respondent ­State is directed to pay legal costs and expenses of Rs.1,00,0000/­ to the present appellant.

Compiled by
S.Basavaraj
Daksha Legal

22/08/2020

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19/08/2020

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