Professional Documents
Culture Documents
Meaning of Plaint:
An official legal complaint against someone that is used in a court of law
Appeal
An order of return of plaint is appealable but second appeal is barred.
Rejection of Plaint
A civil suit is filed by presenting a plaint . If the plaint is defective on any of the
grounds mentioned in Order 7 , Rule 11 of C.P.C , the plaint can be rejected by
the Court .
Appeal
An appeal lies against the decree of rejection of suit.
Ex Parte Decree:
Where on the date of hearing only plaintiff does and a defendant does not
appear the Court may hear the suit ex parte and pass a decree against the
defendant. The legal validity, enforceability and operation of such decree is
similar
to
any
bi-parte
decree.
Meaning of Ex Parte
The Term Ex-parte means in the absence of other party.
Relevant Provisions:
Order 9, Rule 6,7,13,14
Procedure of court where defendant after due service of summons
fails to appear:
When the suit is called for hearing and plaintiff appears before the court but
the defendant does not, despite the due process of service of summons, than
the court may proceed ex-parte against him.
Meaning of Ex-parte proceedings:
Proceedings which are undertaken in the absence of the defendant
Essentials to Ex-Parte proceedings
1.
2.
3.
4.
Appearance of plaintiff
Non appearance of defendant
Suit is called for hearing
Due service of summons
Order 2(14)
Order means a formal expression of any decision of a Civil Court which is not
a decree
Essentials of Order
1.
2.
3.
4.
Classes of Order
1. Final Order
2. Interlocutory order
Judgment 2(9)
Judgment means the statement given by the judge of the grounds of a
decree or order.
Ingredients of Judgment:
1. Statement given by the judge
2. Need to be in writing
3. Grounds of a decree or order
Decree 2(2)
Decree means
Kinds of Decree
1. Declaratory Decree ( a decree not capable of execution)
2. Executory Decree ( A decree which can be executed and enforce by
the court
Classes of Decree
1. Preliminary Decree (Determines rights and obligations of parties
leaving further matter to be considered)
2. Final Decree ( A fine decree is one which completely disposes of the
suit)
3. Partly Preliminary and partly Final Decree
Difference between Order & Decree
1. As to Nature ( Every decree is an order but every order is not a
decree)
2. Appeal ( Appeal lies to every decree but order are appealable only if
provided with section 104 read with order 43)
3. As to Second Appeal ( Second appeal may lie against decree, but a
second appeal shall not lie against an order passed in appeal
4. Determination of Rights (Decree conclusively determines the rights
but order does not necessarily conclusively determines the rights.
5. Classes ( Decree has five classes and order may be final or
interlocutory
6. Emergence ( Decree cannot be emerged into an order but every order
in a case merge into a decree)
Jurisdiction of the Courts:
Pecuniary Jurisdiction
Subject matter Jurisdiction
Territorial Jurisdiction
Personal jurisdiction of courts
Appellate jurisdiction of the courts
Conditional Bars
Res Judicata
Res judicata is a Latin term meaning "a thing decided". It gives respect and finality to the
judicial decisions.
Public Convenience
Maintenance of Society
Secure of Rights
Efficiency of the Courts