Legal Studies

Civil Process is governed by the Code of Civil Procedure, 1908 The Code of Civil Procedure, 1908 came into for on the first day of January, 1909. and extends to the whole of India except (a) the state of Jammu & Kashmir (b) the state of Nagaland and the tribal areas (c) Revenue Courts, where any special enactment applicable to them. Terminology of Civil Process : (1) "Judge" means presiding officer of a Civil Court. (2) "Judgment" means the statement given by the Judge on the ground of a decree or order. (3) "Decree" means conclusive determination of rights of parties controversy in the suit. (4) "Suit" means the claims of the parties which are raised through their pleadings. (5) "Pleadings" means plaint or written statement. (6) "Plaint" Civil proceeding starts with filling of plaint by plaintiff. basically plaint is the pleading of plaintiff (7) Written statement is the pleading of defendant. (8) "Plaintiff & Defendant" is a person who claims any right and defendant is a person against whom claim is made. (9) "Decree holder" means any person in whose favour a decree has been passed. (10) "Judgment debtor" means any person against whom a decree has been passed. (11) "Order" means the decision of a Civil Court which is not a decree. (12) "Pleader" means any person entitled to appear and plead for another in court and includes advocate, a vakil etc. (13) "Legal representative" means a person who in law represents the estate of a deceased person. (14) "Foreign Court" means a court situate out side of India and not established or continued by Govt. of India. (15) "Foreign Judgment" means judgment of Foreign Courts. (16) "District" means the local limits of jurisdiction of a principal Civil Court of original jurisdiction called a "District Court". (17) Ex-parte : unilateral proceeding/decision. (18) "Civil Court" is a court who exercises civil Jurisdiction and the subordination of High Court of a State.
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Supreme Court High Court of State

District & Subordinate Courts Civil wing/Civil Courts Criminal wing/Criminal Courts Court of District Judge Court of Adl. District Judge Court of Civil Judge (S.D) Court of Civil Judge (J.D) Revenue Courts These Court are constituted under land & revenue laws of States. Board of Revenue (Apex Court in State) (members are appointed to constitute the bench) Commissionaire (Commissioner holds the Court) Collectrate (District Magistrate i.e., collector holds the Court) Tahseel/Pergana/Sub-District (Sub-District magistrate, Tahsildar and Naib-Tahsildar are the presiding over the courts in Tahsil) in hearchy. Suit of Civil Nature : A suit in which the right to property or to an office is contested is a suit of civil nature, not with standing that such right may depend entirely on the decision of questions as to religious rites or ceremonies. Jurisdiction Jurisdiction means the extent of the power of a court to entertain suits and applications. In short, it means authority to decide. Kinds of Jurisdiction 1. Original and Appellate Jurisdiction : A Court may have original or Appellate jurisdiction or it may have both. In exercise of its original jurisdiction a court entertains and tries original suits instituted
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Court of Session Court of Magistrates

in that Court. In the exercise of appellate jurisdiction it entertains, hears and decides appeals from decrees passed by subordinate courts. In Civil Cases : Supreme Court of India (Supreme appellate jurisdiction) High Court (Original and Appellate Jurisdiction) District Judge (Original and Appellate jurisdiction) Court of Civil Judges (Original Jurisdiction) Territorial /Local jurisdiction Every court has its own local limits beyond which it cannot exercise its jurisdiction. These limits fixed by state govt. A District Judge has a territorial Jurisdiction within district and not outside it. Similarly, a High Court has got a territorial jurisdiction over the territory of the State in which it is situated. 3. Pecuniary (Monetary) Jurisdiction In terms of section 6 of the code a court will have jurisdiction only over those suits, the amount or value of the subject matter of which does not exceed the pecuniary limits of its jurisdiction, not only the territorial limit of every court is fixed by the government, Pecuniary limit too is fixed by the government. 4. Subject matter Jurisdiction In order to decide the competency of a court it is not only necessary that it should have local and pecuniary jurisdiction, but it must also possess subject matter jurisdiction. Different types of Courts are established to try different kinds of matter. For example maintenance, matrimonial Causes/Family Court etc.
Note: In absence of any of the Jurisdictional elements would render the Judgment void and a mere nullity.

2.

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Civil Process Every suit shall be instituted in the court of the lowest grade competent to try it.

Suits in respect of Immovable Property shall be instituted in the court within the local limits of whose jurisdiction the whole or any part of the property is situated.

Suits for compensation for wrongs to person or movable property. May be instituted at the option of plaintiff either where the tort (wrong) is committed or where the defendant resides or carries on business or personally works for gain.

Other suits shall be instituted in a court within the local limits of whose jurisdiction the defendant /defendants resides or the cause of action, wholly or in part, arises.

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Civil Process/Proceedigns Civil proceeding Starts with filling of Suits. District Civil Court of Law Suit

Summons to defendants (Summons are the process of court through which court calls the defendant)

Written Statement (W.S. is the grounds of defendant by which he claims/defends). Framing/Settelment of Issues

(Questions which are to be determined by court)

Execution (Enforcement of Decree or order)

(Review means to reconsider the own judgment by same Judge and same Court)

Evidence (Evidence is Examination necessary to of parties and prove his case their witnesses
for either party)

Review Appeal (Appeal is Judicial examination of the judgment of subrodinate court by superior court) Revision

Judgment and Decree (Conclusion of Court on the controversy between parties)

Reference (To seeking the opinion of High Court on the validity of any act/ordinance /regulation)

(Revision is the process of appellate court to remove the jurisdictional error of subordinate court)

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Suit The term suit means a Civil Proceeding instituted by presentation of a Plaint. But proceeding commenced with an application or petition too are treated as suit. Essentials of a Suit (i) Opposing Parties (ii) The cause of Action (iii) The Subject matter (iv) The relief Claimed. Opposing Parties In every suit there must al least be one plaintiff and one defendant. However, there may be more than one plaintiff and more than on defendant depending upon the parties involved in the litigation. (ii) The cause of Action "Cause of action" literally means the cause or the set of circumstances which leads upto a suit. Which is necessary for the plaintiff to prove to enable him to get decree in the suit. (iii) Subject matter It is the right or the property claimed in the suit which is the subject matter of the suit. Property may be movable or immovable. (iv) Relief claimed Every plaint shall State specifically the relief which the plaintiff claims. Very Short Answer (2 Marks) Q. 1. How many parties should be in civil proceedings? Ans. In every suit there must at least be one plaintiff and one defendant. However, there may be more than one plaintiff and more than one defendant depending upon the parties involved in the litigation. Q. 2. What do you mean by decree of a court? Ans. Decree is the conclussive determination of nights of the parties controversy in a suits. It is prepared on the basis of judgment which is pronounced by court in that case. Q. 3. What do you mean by pleadings? Ans. Pleading means plaint or written statement. Plaint is the pleading of plaintiff and written statement is the pleading of defendant. Q. 4. Who is the plaintiff? Ans. Plaintiff is a person who claims any right in property or to an office through this plaint. Q. 5. Who is defendant?
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(i)

Ans. Defendant is a person against whom claim is made in a suit. Defendant can make his defence through written statement in same suit. Q. 6. What is Judgment? Ans. Judgment means the statement given by the Judge on the ground of a decree or order. Q. 7. Who is decree holder? Ans. Decree holder is a person in whose favour a decree has been passed or an order capable of execution has been made. Q. 8. Who is Judgment debtor? Ans. Judgment debtor is a person against whom a decree has been made or an order capable of execution has been made. Short Answer (4 Marks) Q. 1. What is the hearchy of Civil Courts in a district? Ans. In a district civil courts these are the following category. Court/District Judge (i) District Judge (ii) Additional district Judges Court of Civil Judge (i) Court of Civil Judge (Senior Division) (ii) Court of Civil Judge (Junior Division) Q. 2. What to you mean by jurisdiction of a Court? Ans. Jurisdiction means the extent of the power of the Court to entertain suits and applications. In short it means authority to decide generally it is either original or Appellate. Q. 3. In Civil Cases what are basically involved between the parties? Ans. Civil nature of the case is the Case in which either right to office or right to property is contested not with standing that such rights or office is based on any religious rites or ceremonies. Q. 4. In Civil Cases what are jurisdiction of courts in India? Ans. In India there are three types of courts regarding civil cases 1. Supreme Court of India : which have only appellate jurisdiction regarding Civil Cases 2. High Courts of States : they have original as well as appellate jurisdiction 3. District & Subordinate Courts : In courts of District Judge there are original and appellate jurisdiction but in Court of Civil Judges there are only original jurisdiction.

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Long Answer (6 Marks) Q. 1. What do you mean by jurisdiction of a court and explain its kinds. Ans. Jurisdiction means the extent of the power of a court to entertain suits and applications. In short, it means authority to decide. Kinds of Jurisdiction 1. Original and Appellate Jurisdiction : A Court may have original or Appellate jurisdiction or it may have both. In exercise of its original jurisdiction a court entertains and tries original suits instituted in that Court. In the exercise of appellate jurisdiction it entertains, hears and decides appeals from decrees passed by subordinate courts. In Civil Cases : Supreme Court of India (Supreme appellate jurisdiction) High Court (Original and Appellate Jurisdiction) District Judge (Original and Appellate jurisdiction) Court of Civil Judges (Original Jurisdiction) 2. Territorial /Local jurisdiction Every court has its own local limits beyond which it cannot exercise its jurisdiction. These limits fixed by state govt. A District Judge has a territorial Jurisdiction within district and not outside it. Similarly, a High Court has got a territorial jurisdiction over the territory of the State in which it is situated. Pecuniary (Monetary) Jurisdiction In terms of section 6 of the code a court will have jurisdiction only over those suits, the amount or value of the subject matter of which does not exceed the pecuniary limits of its jurisdiction, not only the territorial limit of every court is fixed by the government, Pecuniary limit too is fixed by the government. Subject matter Jurisdiction In order to decide the competency of a court it is not only necessary that it should have local and pecuniary jurisdiction, but it must also possess subject matter jurisdiction. Different types of Courts are established to try different
S.S. Law Academy, Civil & Judicial, B-3-4, B-2. Ansal Building, Dr. Mukherjee Nagar, Delhi-09, www.sslawacademy.in 8

3.

4.

kinds of matter. For example maintenance, matrimonial Causes/Family Court etc. Q. 2. Define the suits and explain its essential elements. Ans. Suit The term suit means a Civil Proceeding instituted by presentation of a Plaint. But proceeding commenced with an application or petition too are treated as suit. Essentials of a Suit (i) Opposing Parties (ii) The cause of Action (iii) The Subject matter (iv) The relief Claimed. Opposing Parties In every suit there must al least be one plaintiff and one defendant. However, there may be more than one plaintiff and more than on defendant depending upon the parties involved in the litigation. (ii) The cause of Action "Cause of action" literally means the cause or the set of circumstances which leads upto a suit. Which is necessary for the plaintiff to prove to enable him to get decree in the suit. (iii) Subject matter It is the right or the property claimed in the suit which is the subject matter of the suit. Property may be movable or immovable. (iv) Relief claimed Every plaint shall State specifically the relief which the plaintiff claims. (i)

S.S. Law Academy, Civil & Judicial, B-3-4, B-2. Ansal Building, Dr. Mukherjee Nagar, Delhi-09, www.sslawacademy.in