INDEX

Sr. No. Topic Page No.

1 Pleadings 2
2 Plaint 4
3 Written statement, Set-off and Counter-claim 6
4 Appearance of parties and consequence of Non-appearance 9
5 Appeal, Review and Revision 11
6 Review 14
7 Revision 15
8 Summoning and Attendance of witnesses 16
9 Hearing of the suit and Examination of witnesses 18
10 Commissions 20
11 Execution of Decrees 22
12 Temporary injunctions and Interlocutory orders 25
13 Affidavits 27
14 Death, Marriage and Insolvency of Parties 28
15 Caveat 29
16 Appointment of Receivers 31
17 Suits by or against the Government or Public Officers 32
18 The Limitation Act, 1963. 34
 PLEADINGS- ORDER VI

Rule 1 states that “Pleading” shall mean plaint or written statement. It means that the rules in
this order shall apply to both- Plaints and Written Statements apart from Order VII and Order
VIII1
Rule 2 states that every pleading shall contain only a statement in a concise form of the material
facts on which the party pleading relies for his claim or defence. It should not contain the
evidence by which they are to be proved.
The pleadings shall be divided into paragraphs and numbered consecutively.
Dates, sums and numbers shall be expressed in figures as well as in words.
Rule 3 states that the forms in Appendix A or forms of the like character shall be used for all
pleadings.
Rule 4 states that in all cases in which the party pleading relies on any misrepresentation, fraud,
breach of trust, wilful default, or undue influence, their particulars (with dates and items) shall
be stated in the pleading.
Rule 6 states that any condition precedent, the performance or occurrence of which is intended
to be contested or required to file the suit, shall be distinctly specified in his pleading by the
plaintiff or defendant.
Rule 7 states that no pleading shall, raise any new ground of claim or contain any allegation of
fact inconsistent with the previous pleadings of the party pleading the same, except by way of
amendment.
Rule 8 states that where a contract is alleged in any pleading, a bare denial of the same by the
opposite party shall be construed only as a denial in fact of the express contract alleged and not
as a denial of the legality or sufficiency in law of such contract.
Rule 9 states that wherever the contents of any document are material, it shall be sufficient in
to state the effect thereof briefly, without setting out the whole or any part thereof.
Rule 10 states that wherever it is material to allege malice, fraudulent intention, knowledge or
other condition of the mind of any person, it shall be sufficient to allege the same as a fact
without setting out the circumstances from which the same is to be inferred.
Rule 11 states that wherever it is material to allege notice to any person of any fact, matter or
thing, it shall be sufficient to allege such notice as a fact.
Rule 12 states that whenever any contract or any relation between any persons is to be implied
from a series of letters or conversations or otherwise from a number of circumstances, it shall
be sufficient to allege such contract or relation as a fact, and to refer generally to such letters,
conversations or circumstances without setting them out in detail.
Rule 13 states that neither party need in any pleading allege any matter of fact which the law
presumes in his favour or as to which the burden of proof lies upon the other side.
Rule 14 states that every pleading shall be signed by the party and his pleader (if any) or it may
be signed by any person duly authorized by him to sign the same or to sue or defend on his
behalf
Rule 15 states that every pleading shall be verified at the foot by the any of the parties pleading
or by some other person acquainted with the facts of the case.
The person verifying shall specify, what he verifies of his own knowledge and what he verifies
upon information received and believed to be true.
The verification shall be signed by the person making it and shall state the date on which and
the place at which it was signed.
The person verifying the pleading shall also furnish an affidavit in support of his pleadings.
Rule 16 states that the Court may order to be struck out or amended any matter in any
pleading— (a) which may be unnecessary, scandalous, frivolous or vexatious, of (b) which
may tend to prejudice, embarrass or delay the fair trail of the suit, or (c) which is otherwise an
abuse of the process of the Court.
Rule 17 states that he Court may at any stage of the proceedings allow either party to alter or
amend his pleadings in such manner and on such terms as may be just, and all such amendments
shall be made as may be necessary for the purpose of determining the real questions in
controversy between the parties.
The Proviso to this rule states that no application for amendment shall be allowed after the trial
has commenced, unless the Court comes to the conclusion that in spite of due diligence, the
party could not have raised the matter before the commencement of trial.
 PLAINT- ORDER VII

Rule 1 describes the particulars to be contained in plaint viz.,

(a) the name of the Court in which the suit is brought;
(b) the name, description and place of residence of the plaintiff;
(c) the name, description and place of residence of the defendant, so far as they can be
ascertained;
(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to
that effect;
(e) the facts constituting the cause of action and when it arose;
(f) the facts showing that the Court has jurisdiction;
(g) the relief which the plaintiff claims;
(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount
so allowed or relinquished; and
(i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and
of court-fees, so far as the case admits.
Rule 2 states that where the plaintiff seeks the recovery of money, the plaint shall state the
precise amount claimed. But where the plaintiff sues for mesne profits, or for an amount yet to
be determined in the suit, the plaint shall state approximately the amount or value sued for.
Rule 3 states that where the subject-matter of the suit is immovable property the plaint shall
contain a description of the property sufficient to identify it, and, in case such property can be
identified by boundaries or numbers, the plaint shall specify such boundaries or numbers.
Rule 4 states that where the plaintiff sues in a representative character the plaint shall show not
only that he has an actual existing interest in the subject-matter, but that he has taken the steps
(if any) necessary to enable him to institute a suit concerning it.
Rule 5 states that the plaint shall show that the defendant is or claims to be interested in the
subject-matter, and that he is liable to be called upon to answer the plaintiff's demand.
Rule 6 states that where the suit is instituted after the expiration of the period prescribed by the
law of limitation, the plaint shall show the ground upon which exemption from such law is
claimed.
Rule 7 states that every plaint shall state specifically the relief which the plaintiff claims either
simply or in the alternative.
Rule 8 states that where the plaintiff seeks relief in respect of several distinct claims or causes
of action founded upon separate and distinct grounds, they shall be stated as far as may be
separately and distinctly.
Rule 9 states that where the Court orders that the summons be served on the defendants, it will
direct the plaintiff to present as many copies of the plaint on plain paper as there are defendants.
Rule 10 discusses the concept of Return of plaint. It states that the Plaint at any stage of the
suit be returned to be presented to the Court in which the suit should have been instituted.
Rule 11 states that the court has the power to reject the plaint in the following cases:
(a) where it does not disclose a cause of action;
(b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to
correct the valuation within a time to be fixed by the Court, fails to do so;
(c) where the relief claimed is properly valued, but the plaint is returned upon paper
insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite
stamp-paper within a time to be fixed by the Court, fails to do so;
(d) where the suit appears from the statement in the plaint to be barred by any law;
(e) where it is not filed in duplicate;
(f) where the plaintiff fails to comply with the provisions of rule 9
Rule 12 states that where a plaint is rejected the Judge shall record an order to that effect with
the reasons for such order.
Rule 13 states that the rejection of the plaint on any of the grounds mentioned in Rule 11 shall
not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same
cause of action.
Rule 14 states that where a plaintiff sues upon a document or relies upon document in his
possession or power in support of his claim, he shall enter such documents in a list, and shall
produce it in Court when the plaint is presented
Where any such document is not in the possession or power of the plaintiff, he shall state in
whose possession or power it is.
 WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM ORDER VIII

Rule 1 states that the Defendant shall, within thirty days from the date of service of summons
on him, present a written statement of his defence.
It further states that if the defendant fails to file the written statement thirty days, he shall be
allowed to file it at a later date for reasons to be recorded in writing, which shall not be later
than ninety days from the date of service of summons.
Rule 1A states that where the defendant bases his defence upon a document or relies upon any
document in his possession or power, in support of his defence or claim for set-off or counter-
claim, he shall enter such document in a list, and shall produce it in Court when the written
statement is presented by him.
Rule 2 states that the defendant must raise by his pleading all matters which show the suit not
be maintainable, or that the transaction is either void or voidable in point of law, and all such
grounds of defence as, if not raised, would be likely to take the opposite party by surprise, or
would raise issues of fact not arising out of the plaint, as, for instance, fraud, limitation, release,
payment, performance, or facts showing illegality.
Rule 3 states that it shall not be sufficient for a defendant in his written statement to deny
generally the grounds alleged by the plaintiff, but the defendant must deal specifically with
each allegation of fact of which he does not admit the truth, except damages.
Rule 4 states that where a defendant denies an allegation of fact in the plaint, he must not do
so evasively, but answer the point of substance.
Rule 5 states that every allegation of fact in the plaint, if not denied specifically or by necessary
implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be
admitted except as against a person under disability.
Where the defendant has not filed a pleading, it shall be lawful for the court to pronounce
judgment on the basis of the facts contained in the plaint, except as against a person under a
disability, but the Court may, in its discretion, require any such fact to be proved. In sucha a
situation, the Court shall have due regard to the fact whether the defendant could have, or has,
engaged a pleader.

Rule 6 discusses the concept of a Set Off

A Set off is nothing but a claim by the defendant against the plaintiff or a plea in defence
available to the defendant. It is a cross-claim between the parties to the suit regarding their
recovery of money.
The conditions for filing a set-off are:
a. The suit must be for recovery of money
b. The amount must be ascertained sum of money
 c. It should be legally recoverable by him from the plaintiff
d. It should not exceed the pecuniary limits of the jurisdiction of the Court
e. Both parties should fill the same character as they fill in the plaintiff's suit

Rule 6 states that the defendant may, at the first hearing of the suit, but not afterwards unless
permitted by the Court, presents a written statement containing the particulars of the debt
sought to be set-off.
In a set off, the written statement shall have the same effect as a plaint in a cross-suit so as to
enable the court to pronounce a final judgment in respect both of the original claim and of the
set-off.
The rules relating to a written statement by a defendant apply to a written statement in answer
to a claim of set-off.

Rule 6A discusses the concept of a Counter-claim by defendant.

It states that a defendant in a suit may set up, by way of counter-claim against the claim of the
plaintiff, any right or claim in respect of a cause of action accruing to the defendant against the
plaintiff. Such counter-claim can be in the nature of a claim for damages or otherwise.
It also states that such counter-claim shall not exceed the pecuniary limits of the jurisdiction of
the court.
Such counter-claim shall have the same effect as a cross-suit so as to enable the Court to
pronounce a final judgment in the same suit, both on the original claim and on the counter-
claim.
The plaintiff shall be at liberty to file a written statement in answer to the counter-claim of the
defendant.
The counter-claim shall be treated as a plaint and governed by the rules applicable to plaints.
Rule 6C states that where a defendant sets up a counter-claim and the plaintiff contends that
the claim so raised ought not to be disposed of by way of counter-claim but in an independent
suit, the plaintiff may, at any time before issues are settled in relation to the counter-claim,
apply to the Court for an order that such counter-claim may be excluded, and the Court may,
on the hearing of such application make such order as it thinks fit.
Rule 6D states that in any case in which the defendant sets up a counterclaim, the suit of the
plaintiff is stayed, discontinued or dismissed, the counter-claim may nevertheless be proceeded
with.
Rule 6E states that if the plaintiff makes default in putting in a reply to the counter-claim made
by the defendant, the Court may pronounce judgment against the plaintiff in relation to the
counter-claim made against him.
Rule 6G states that the rules relating to a written statement by a defendant shall apply to a
written statement filed in answer to a counter-claim.
Rule 7 states that where the defendant relies upon several distinct grounds of defence or set-
off or counter-claim founded upon separate and distinct facts, they shall be stated, as far as may
be, separately and distinctly.
Rule 8 states that any ground of defence which has arisen after the institution of the suit or the
presentation of a written statement claiming a set-off or counter-claim may be raised by the
defendant or plaintiff, as the case may be, in his written statement.
Rule 9 states that no pleading subsequent to the written statement of a defendant other than by
way of defence to set-off or counter-claim shall be presented except by the leave of the Court.
Rule 10 states that where any party from whom a written statement is required, fails to present
the same within the time permitted, the Court shall pronounce judgment against him, or make
such order in relation to the suit as it thinks fit and on the pronouncement of such judgment a
decree shall be drawn up.
 APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE-
ORDER IX

Rule 1 states that on the day fixed in the summons, the parties shall attend the Court in person
or by their respective pleaders, and the suit shall then be heard unless the hearing is adjourned
to a future day.
Rule 2 states that where on the day so fixed it is found that summons has not been served upon
the defendant in consequence of the failure of the plaintiff to pay the court-fee or postal charges,
or failure to present copies of the plaint as required by rule 9 of Order VII, the Court may make
an order for the dismissal of the suit be dismissed. The Proviso to the rule states that such order
shall not be made if the defendant attends in person or by agent.
Rule 3 states that where neither party appears when the suit is called on for hearing, the court
may make an order that the suit be dismissed.
Rule 4 states that where a suit is dismissed under rule 2 or rule 3, the plaintiff may bring a fresh
suit or he may apply for an order to set the dismissal aside, and if he satisfies the Court that
there was sufficient cause for the Court shall make an order setting aside the dismissal and
appoint a day for proceeding with the suit.
Rule 5 states that where after a summons has been issued to the defendant and returned
unserved, and the plaintiff fails for a period of seven days from the date of the return to apply
for the issue of a fresh summons the Court shall make an order that the suit be dismissed as
against such defendant, unless the plaintiff has within the said period satisfied the Court that—
(a) he has failed after using his best endeavours to discover the residence of the defendant,
(b) such defendant is avoiding service of process, or
(c) there is any other sufficient cause for extending the time, in which case the Court may
extend the time.
Rule 6 states that where the plaintiff appears and the defendant does not appear when the suit
is called on for hearing, then—
(a) If it is proved that the summons was duly served, the Court may make an order that the suit
shall be heard ex parte;
(b) If it is not proved that the summons was duly served, the Court shall direct a second
summons to be issued and served on the defendant;
(c) If it is proved that the summons was served on the defendant, but not in sufficient time to
enable him to appear and answer on the day fixed in the summons, the Court shall postpone
the hearing of the suit to a future day
Rule 7 states that where the Court has adjourned the hearing of the suit, ex parte, and the
defendant, at such hearing appears and assigns good cause for his previous non-appearance, he
may, upon such terms as the Court directs as to costs or otherwise, be heard in answer to the
suit as if he had appeared on the day fixed for his appearance.
Rule 8 states that where the defendant appears and the plaintiff does not appear when the suit
is called on for hearing, the Court shall make an order that the suit be dismissed, unless the
defendant admits the claim, in which case the Court shall pass a decree against the defendant
upon such admission
Rule 9 states that where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be
precluded from bringing a fresh suit in respect of the same cause of action. But he may apply
for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient
cause for his non-appearance, the Court shall make an order setting aside the dismissal upon
such terms as to costs or otherwise as it thinks fit, and shall appoint a day for proceeding with
the suit.
Rule 10 states that where there are multiple plaintiffs, and one or more of them appear and the
others do not appear, the Court may, at the instance of the plaintiff or plaintiff’s appearing,
permit the suit to proceed in the same way as if all the plaintiff’s had appeared, or make such
order as it thinks fit.
Rule 11 states that where there are multiple defendants, and one or more of them appear and
the others do not appear, the suit shall proceed, and the Court shall, at the time of pronouncing
judgment, make such order as it thinks fit with respect to the defendants who do not appear.
Rule 13 states that 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, the Court shall make an order setting aside the decree as against him
upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint
a day for proceeding with the suit.
Rule 14 states that no decree shall be set aside on any such application as aforesaid unless
notice of the same has been served on the opposite party.
 APPEAL, REVIEW AND REVISION
APPEALS

A. APPEALS FROM ORIGINAL DECREES

Section 96 (1) provides that an appeal shall lie from every decree passed by any Court
exercising original jurisdiction to the Court authorized to hear appeals from the decisions of
such Court.
(2) An appeal may lie from an original decree passed ex parte.
(3) No appeal shall lie from a decree passed by the Court with the consent of parties.
(4) No appeal shall lie, except on a question of law, from a decree in any suit tried by Courts
of Small Causes, when the amount or value of the original suit does not exceed ten thousand
rupees.
Section 97 states that where any party aggrieved by a preliminary decree does not appeal from
such decree, he shall be precluded from disputing its correctness in any appeal which may be
preferred from the final decree.
Section 99 states that no decree shall be reversed, varied, nor shall any case be remanded, in
appeal
a- on account of any misjoinder or non-joinder of parties or causes of action (Except where
there is a non-joinder of a necessary party)
b- any error, defect or irregularity not affecting the merits of the case or the jurisdiction of
the Court.

B. APPEALS FROM APPELLATE DECREES

Section 100 provides that an appeal shall lie to the High Court from every decree passed in
appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case
involves a substantial question of law.
(2) An appeal may lie under this section from an appellate decree passed ex parte.
(3) The memorandum of appeal in such a case shall precisely state the substantial question of
law involved in the appeal.
(4) Where the High Court is satisfied that a substantial question of law is involved in any case,
it shall formulate that question.
Section 101 provides that no second appeal shall lie except on the ground mentioned in section
100.
Section 102 provides that no second appeal shall lie from any decree, when the subject matter
of the original suit is for recovery of money not exceeding twenty-five thousand rupees.
C. APPEALS FROM ORDERS
Section 104 provides the list of orders from which appeal lies. It states that an appeal shall lie
from the following orders, and from no other orders:
1. an order under section 35A.
2. an order under section 91 or section 92 refusing leave to institute a suit of the nature
referred to in section 91 or section 92.
3. an order under section 95.
4. an order under imposing a fine or directing the arrest or detention in the civil prison of
any person except where such arrest or detention is in execution of a decree.
5. any order made under rules from which an appeal is expressly allowed by rules.

Section 104 is to be read with Order XLIII which provides the detailed list
1. an order under rule 10 of Order VII returning a plaint
2. an order under rule 9 of Order IX rejecting an application to set aside the dismissal of
a suit
3. an order under rule 13 of Order IX rejecting an application to set aside a decree passed
ex parte
4. an order under rule 21 of Order XI
5. an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a
sale
6. an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of
a suit;
7. an order under rule 5 or rule 7 of Order XXXIII rejecting an application for permission
to sue as an indigent person
8. orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order XXXV
9. an order under rule 2, rule 3 or rule 6 of Order XXVIII
10. an order under rule 1, rule 2, rule 2A, rule 4 or rule 10 of Order XXXIX

Section 107 provides for the powers of Appellate Court.

An Appellate Court shall have power:
(a) to determine a case finally.
(b) to remand a case.
(c) to frame issues and refer them for trial.
(d) to take additional evidence or to require such evidence to be taken.
The Appellate Court shall have the same powers and shall perform as nearly as may be the
same duties as are conferred and imposed by this Code on Courts of original jurisdiction in
respect of suits instituted therein.

D. APPEALS TO THE SUPREME COURT

Section 109 discusses when appeals may lie to the Supreme Court.
It states that an appeal shall lie to the Supreme Court from any judgment, decree or final order
of a High Court, if the High Court certifies—
(i) that the case involves a substantial question of law of general importance; and
(ii) that in the opinion of the High Court the said question needs to be decided by the
Supreme Court.
Section 112 states that nothing contained in this Code shall be deemed to affect the powers of
the Supreme Court under article 136 or any other provision of the Constitution.
 REVIEW

Section 114 is the enabling provision for Review which states that any person considering
himself aggrieved—
(a) by a decree or order from which an appeal is allowed by the Code, but such appeal has not
been preferred.
(b) by a decree or order from which no appeal is allowed by the Code,
(c) by a decision on a reference from a Court of Small Causes,
may apply for a review of judgment to the Court which passed the decree or made the order,
and the Court may make such order thereon as it thinks fit.

ORDER XLVII gives the detailed procedure and provisions for Review.
Rule 1 states that any person considering himself aggrieved as mentioned hereinabove may
apply for a review of judgment to the Court which passed the decree or made the order.
The conditions for the same are:
1. Discovery of new and important matter or evidence which, after the exercise of due
diligence was not within his knowledge or could not be produced by him at the time
when the decree was passed or order made.
2. Some mistake or error apparent on the face of the record.
3. Any other sufficient reason.

Rule 4 (1) provides that where it appears to the Court that there is no sufficient ground for a
review, it shall reject the application.
Rule 4 (2) provides that where the Court is of opinion that the application for review should be
granted, it shall grant the same.
However, no such application shall be granted without previous notice to the opposite party,
and no such application shall be granted on the ground of discovery of new matter or evidence
which the applicant alleges was not within his knowledge, without strict proof of such
allegation.
Rule 7 states that an order of the Court rejecting the application shall not be appealable.
Rule 9 states that no application to review an order made on an application for a review shall
be entertained.
 REVISION

Section 115 provides for Revision. It states that the High Court may call for the record of any
case which has been decided by any Court subordinate to such High Court and in which no
appeal lies thereto, and if such subordinate Court appears—
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the
High Court may make such order in the case as it thinks fit
 SUMMONING AND ATTENDANCE OF WITNESSES
ORDER XVI
Rule 1 states that within fifteen days after the date on which the issues are settled, the parties
shall present a list of witnesses whom they propose to call to give evidence or to produce
documents.
A party desirous of attendance of any person shall state the purpose for which the witness is
proposed to be summoned.
The Court may, for reasons to be recorded, permit a party to call any witness other than those
whose names appear in the list.
Rule 1A states that any party to the suit may without applying for summons under rule 1, bring
any witness to give evidence or to produce documents.
Rule 2 talks about the expenses of witness.
It states that the party applying for a summons shall pay into Court such a sum of money as
appears sufficient to defray the travelling and other expenses of the person summoned in
passing to and from the Court in which he is required to attend, and for one day's attendance.
It further states that in the case of any person summoned to give evidence as an expert, there
shall be reasonable remuneration for the time occupied both in giving evidence and in
performing any work of an expert character necessary for the case.
Rule 4 states that where it appears to the Court that the sum paid to the witness is not sufficient
to cover such expenses or reasonable remuneration, the Court may direct such further sum to
be paid.
In case of default in payment, the court may order such sum to be levied by attachment and
sale of the movable property of the party obtaining the summons, or the Court may discharge
the person summoned without requiring him to give evidence.
Where it is necessary to detain the person summoned for a longer period than one day, the
Court may, order the party at whose has summoned the to defray the expenses of his detention
for such further period. This will include boarding expenses.
Rule 5 states that every summons for the attendance of a person to give evidence or to produce
a document shall specify the time and place at which he is required to attend.
Rule 6 states that any person summoned merely to produce a document shall be deemed to
have complied with the summons if he causes such document to be produced instead of
attending personally to produce the same.
Rule 7 states that any person present in Court may be required by the Court to give evidence
or to produce any document then and there in his possession or power.
Rule 8 states that every summons under this Order, shall be served as nearly as may be in the
same manner as a summons to a defendant as per Order V
Rule 9 states that service of summons shall be made a sufficient time before the time specified
in the summons for the attendance of the person summoned to allow him a reasonable time for
preparation and for travelling to the place at which his attendance is required.
Rule 10 states where a person has been issued summons either to attend to give evidence or to
produce a document, fails to attend or to produce the document in compliance with such
summons without lawful excuse, the Court may issue a proclamation requiring him to attend
The Court may also issue a warrant for the arrest of such person and may make an order for
the attachment of his property.
Rule 11 states that if witness appears, the attachment as made under Rule 10 may be withdrawn
by the court.
Rule 14 states that where the Court thinks it necessary to examine any person, including a party
to the suit, the Court may cause such person to be summoned as a witness to give evidence or
to produce any document in his possession.
Rule 16 states that a person so summoned and attending shall, unless the Court otherwise
directs, attend at each hearing until the suit has been disposed of.
Rule 20 states that where any party to a suit present in Court refuses, without lawful excuse, to
give evidence or to produce any document then and there in his possession or power, the Court
may pronounce judgment against him or make such order in relation to the suit as it thinks fit.
Rule 21 states that where any party to a suit is required to give evidence or to produce a
document, the provisions as to witnesses shall apply to him so far as they are applicable.
 HEARING OF THE SUIT AND EXAMINATION OF WITNESSES
ORDER XVIII

Rule 1 states that the plaintiff has the right to begin unless the defendant admits the facts
alleged by the plaintiff and contents that either in point of law or on some additional facts
alleged by the defendant the plaintiff is not entitled to any part of the relief which he seeks, in
which case the defendant has the right to begin.
Rule 2 states that on the day fixed for the hearing of the suit the party having the right to begin
shall state his case and produce his evidence in support of the issues which he is bound to
prove.
The other party shall then state his case and produce his evidence (if any) and may then address
the Court generally on the whole case.
The party beginning may then reply generally on the whole case.
Any party may address oral arguments in a case, and shall, before he concludes the oral
arguments, submit concisely and under distinct headings written arguments in support of his
case to the Court and such written arguments shall form part of the record. A copy of such
written arguments shall be simultaneously furnished to the opposite party.
The Court shall fix such time-limits for the oral arguments by either of the parties in a case.
Rule 3 states that where there are several issues, the burden of proving some of which lies on
the other party, the party beginning may produce his evidence and reserve evidence on other
issues. The parties shall be entitled to produce counter evidence and reply on the case,
Rule 3A states that where a party himself wishes to appear as a witness, he shall appear before
any other witness on his behalf has been examined.
Rule 4 states that in every case, the examination-in-chief of a witness shall be on affidavit and
copies thereof shall be supplied to the opposite party
The evidence (cross-examination and re-examination) of the witness whose affidavit has been
furnished to the Court, shall be taken either by the Court or by the Commissioner
The Court or the Commissioner, as the case may be, shall record evidence either in writing or
mechanically in the presence of the Judge.
Rule 5 states that in case in which an appeal is allowed, the evidence of each witness shall be
taken down in the language of the Court, in writing in the presence and under the personal
direction and superintendence of the Judge or from the dictation of the Judge directly on a
typewriter; or if the Judge, directs, recorded mechanically in the language of the Court.
Rule 9 states that where English is not the language of the Court, the parties do not object to
having such evidence as is given in English, being taken down in English, the judge may so
take it down or cause it to be taken down.
Where evidence is not given in English but all the parties not object to having such evidence
being taken down in English, the Judge may take down, or cause to be taken down, such
evidence in English.
Rule 10 states that the Court may, of its own motion or on the application of any party or his
pleader, take down any particular question and answer, or any objection to any question, if
there appears to be any special reason for so doing. 1
Rule 11 states that where any question put to a witness is objected to by a party or his pleader,
and the Court allows the same to be put, the Judge shall take down the question, the answer,
the objection and the name of the person making it, together with the decision of the Court
thereon.
Rule 12 states that the Court may record such remarks as it thinks material respecting the
demeanour of any witness while under examination.
Rule 13 states that in cases in which an appeal is not allowed, it shall not be necessary to take
down or record the evidence of the witnesses at length; but recording a memorandum of the
substance of what the witness deposes shall be sufficient
Rule 16 states that where a witness is about to leave the jurisdiction of the Court, the Court
may, take the evidence of such witness immediately.
Rule 17 states the Court may at any stage of a suit recall any witness who has been examined
and may put such questions to him as the Court thinks fit.
Rule 18 states that the Court may at any stage of a suit inspect any property or thing concerning
which any question may arise.
Rule 19 states that the court may, instead of examining witnesses in open court, direct their
statements to be recorded on commission under the provisions of Order XXVI
 COMMISSIONS- ORDER XXVI

A Commission is an instruction issued by the court to a certain individual/authority, requiring

them to perform some act/duty/inquiry on behalf of the court. Such Commission is issued so
as to ensure in-depth investigation of the subject matter which is the subject of Dispute. The
Provisions for the same are provided in Section 75 and Order 26 of the Code.

Section 75 states that the Court may issue a commission—

(a) to examine any person;
(b) to make a local investigation;
(c) to examine or adjust accounts; or
(d) to make a partition;
(e) to hold a scientific, technical, or expert investigation;
(f) to conduct sale of property which is subject to speedy and natural decay and which is in the
custody of the Court pending the determination of the suit;
(g) to perform any ministerial act.
Commissions for examination of witnesses
Rule 1 states that any Court may in any suit issue a commission for the examination of any
person resident within the local limits of its jurisdiction who is exempted from attending the
Court or who is from sickness or infirmity unable to attend it.
The Court may accept a certificate signed by a registered medical practitioner as evidence of
the sickness or infirmity of any person.
Rule 2 states that the order for the issue of a commission for the examination of a witness may
be made by the Court either of its own motion or on the application of any party to the suit or
of the witness.
Rule 4A states that a court may, in the interest of justice or for the expeditious disposal of the
case or for any other reason, issue commission in any suit for the examination of any person
resident within the local limits of its jurisdiction, and the evidence so recorded shall be read in
evidence.
Rule 7 states that where a commission has been duly executed, it shall be returned together
with the evidence taken under it to the Court from which it was issued and the evidence taken
under it shall from part of the record of the suit.
Rule 8 states that Evidence taken under a commission shall not be read as evidence in the suit
without the consent of the party against whom the same is offered, unless—
 (a) the person who gave the evidence is beyond the jurisdiction of the Court, or dead or
unable from sickness or infirmity to attend to be personally examined, or exempted
from personal appearance in Court, or is a person in the service of the Government.
(b) the Court in its discretion dispenses with the proof of any of the circumstances
mentioned in clause (a).
Commissions for local investigations
Rule 9 states that in any suit in which the Court deems a local investigation necessary for the
purpose of elucidating any matter in dispute, ascertaining the market-value of any property, or
the amount of any mesne profits or damages or annual net profits, the Court may issue a
commission to such person as it thinks fit directing him to make such investigation and to
report.
Commissions for scientific investigation, performance of ministerial act and sale of movable
property
Rule 10A states that a commission may be issued for scientific investigation which cannot be
conveniently conducted before the Court.
Rule 10B states that a commission may be issued for the performance of any ministerial act
Rule 10C provides that a commission may be issued for the sale of movable property which is
in the custody of the Court
Commissions to examine accounts
Rule 11 states that a Commission may be issued to examine or adjust accounts.
Commissions to make partitions
Rule 13 provides for the provision of a Commission to make partition of immovable property.
General provisions relating to Commissions
Rule 15 states that Expenses of commission have to be paid into court.
Rule 16 provides the Powers of commissioners. It states that any commissioner appointed
under this Order may,
(a) examine the parties themselves and any witness whom they or any of them may produce;
(b) call for and examine documents and other things relevant to the subject of inquiry;
(c) at any reasonable time enter upon or into any land or building mentioned in the order.
Rule 17 states that the provisions of the Code relating to the summoning, attendance and
examination of witnesses, remuneration of, and penalties to be imposed upon, witnesses, shall
apply to persons who are bound to appear before a Commission.
 EXECUTION OF DECREES

Execution of a Decree or an Order is the actual enforcement of the decree/order as against the
Judgment Debtor.

Modes of Execution
Section 51 states that the Court may, on the application of the decree-holder, order execution
of the decree—
(a) by delivery of any property specifically decreed;
(b) by attachment and sale or by the sale without attachment of any property;
(c) by arrest and detention in prison
(d) by appointing a receiver; or
(e) in such other manner as the nature of the relief granted may require:
Section 52 states that where a decree is passed against a party as the legal representative of a
deceased person, and the decree is for the payment of money out of the property of the
deceased, it may be executed by the attachment and sale of any such property.
Section 53 states that the property in the hands of a son or other descendant which is liable
under Hindu law for the payment of the debt of a deceased ancestor, in respect of which a
decree has been passed, shall be deemed to be property of the deceased which has come to the
hands of the son or other descendant as his legal representative.

ARREST AND DETENTION

Section 55 states that A judgment-debtor may be arrested in execution of a decree at, any hour
and on any day, and shall, as soon as practicable, be brought before the Court, and his detention
may be in the civil prison
However:
1. For the purpose of making an arrest under this section, no dwelling-house shall be
entered after sunset and before sunrise.
2. No outer door of a dwelling-house shall be broken open unless such dwellinghouse is
in the occupancy of the judgment-debtor and he refuses or in any way prevents access
thereto.
3. If the room is in the occupancy of a woman who is not the judgment-debtor and who
according to the customs of the country does not appear in public, the officer authorized
to make the arrest shall give notice to her that she is at liberty to withdraw, and, after
 and giving her reasonable facility for withdrawing, may enter the room for the purpose
of making the arrest.
4. Where the decree in execution of which a judgment-debtor is arrested, is a decree for
the payment of money and the judgment-debtor pays the amount of the decree and the
costs of the arrest to the officer arresting him, such officer shall at once release him.
5. Where a judgment-debtor is arrested in execution of a decree for the payment of money
and brought before the Court, the Court shall inform him that he may apply to be
declared an insolvent

Section 56 states that the Court shall not order the arrest or detention in the civil prison of a
woman in execution of a decree for the payment of money.
Section 57 states that the State Government may fix scales, graduated according to rank, race
and nationality, of monthly allowances payable for the subsistence of judgment-debtors.
Section 58 states that every person detained in the civil prison in execution of a decree shall be
so detained: —
(a) where the decree is for the payment of a sum of money exceeding Rs. 5000, for a period
not exceeding 3 months, and
(b) where the decree is for the payment of a sum of money exceeding Rs. 2000 but not
exceeding Rs. 50000 for a period not exceeding 6 weeks.
No order for detention of the judgment debtor in civil prison shall be made, where the total
amount of the decree does not exceed two thousand rupees.
A judgment-debtor released from detention under this section shall not merely by reason of his
release be discharged from his debt, but he shall not be liable to be re-arrested.
Section 59 states that at any time after a warrant for the arrest of a judgment-debtor has been
issued or when a judgment-debtor has been arrested, the Court may release him if, in its
opinion, he is not in a fit state of health to be detained in the civil prison or suffers from serious
illness.
The State Government may release any such person on the ground of the existence of any
infectious or contagious disease.

ATTACHMENT
Section 60 provides what property liable to attachment and sale in execution of decree
Lands, houses or other buildings, goods, money, bank-notes, cheques, bills of exchange,
hundis, promissory notes, Government securities, bonds or other securities for money, debts,
shares in a corporation, saleable property, movable or immovable, belonging to the judgment-
debtor,
The Proviso provides a list of what shall not be liable to such attachment or sale, namely:
1. the necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-
debtor, his wife and children, and personal ornaments as, in accordance with religious
usage, cannot be parted with by any woman
2. tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of
husbandry and such cattle and seed-grain necessary to enable him to earn his livelihood
3. houses and other buildings belonging to an agriculturist or a labourer of a domestic
servant and occupied by him
4. books of account
5. a mere right to sue for damages
6. any right of personal service
7. stipends and gratuities allowed to pensioners of the Government and political pensions
8. the wages of labourers and domestic servants, whether payable in money or in kind
9. salary to the extent of the first one thousand rupees and two third of the remainder
10. one-third of the salary in execution of any decree for maintenance
11. the pay and allowances of persons to whom the Air Force Act, Army Act or the Navy
Act applies
12. all compulsory deposits to which the Provident Funds Act applies
13. all moneys payable under a policy of insurance on the life of the judgment debtor
14. any allowance forming part of the emoluments of any servant of the Government
15. an expectancy of succession by survivorship or other merely contingent or possible
right or interest;
16. a right to future maintenance
17. any allowance declared by any Indian law to be exempt from liability to attachment or
sale
Section 61 states that the State Government may declare that a portion of agricultural produce
necessary for the purpose of providing until the next harvest for the due cultivation of the land
and for the support of the judgment debtor and his family shall be exempted from liability to
attachment or sale in execution of a decree.
Section 62 provides the provision for seizure of property in dwelling-house
Section 64 states that where an attachment has been made, any private transfer or delivery of
the property attached or shall be void.
Section 74 states that where the Court is satisfied that the holder of a decree for the possession
of immovable property has been resisted or obstructed in obtaining possession of the property
by the judgment-debtor the Court may order the judgment-debtor to be detained in the civil
prison for a term which may extend to thirty days.
 TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS
ORDER XXXIX

Temporary Injunctions
Rule 1 provides cases in which temporary injunction may be granted.
It states that where in any suit it is proved by affidavit or otherwise—
(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by
any party to the suit, or wrongfully sold in execution of a decree, or
(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to
defrauding his creditors,
(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the
plaintiff in relation to any property in dispute in the suit,
In such a case, the Court may by order grant a temporary injunction to restrain such act, or
make such other order for the purpose of staying and preventing the wasting, damaging,
alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or
otherwise causing injury to the plaintiff in relation to any property in dispute in the suit until
the disposal of the suit or until further orders.
Rule 2 states that the plaintiff may at any time apply to the Court for a temporary injunction to
restrain the defendant from committing the breach of contract or injury complained of, or any
breach of contract or injury relating to the same property or right.
Rule 2A states in the case of disobedience of any injunction granted under rule 1 or rule 2 the
Court may order the property of the person guilty of such disobedience or breach to be attached,
and may also order such person to be detained in the civil prison for a term not exceeding three
months.
Rule 3 states that the Court before granting an injunction shall direct notice to opposite party.
However, in cases, where it appears that the object of granting the injunction would be defeated
by the delay, before granting an injunction, the court may grant and Ad-Interim Ex-Parte
Injunction
In such a Case, as per Rule 3A, the Court shall make an endeavour to finally dispose of the
application within thirty days from the date on which the injunction was granted
Rule 4 states that any order for an injunction may be discharged, or varied, or set aside by the
Court, on application made thereto by any party dissatisfied with such order.
Rule 5 states that every injunction directed to a corporation is binding not only on the
corporation itself, but also on all members and officers of the corporation whose personal action
it seeks to restrain.
Before granting of temporary injunction, three necessary conditions are required to be fulfilled
1. Prima Facie Case.
The expression "prima facie" means at the first sight or on the face of it. On a bare perusal of
the application, if the Applicant makes a case for the grant of injunction, it may be granted in
his favour.
2. Balance of Convenience.
Balance of convenience means comparative mischief for inconvenience to the parties. The
inconvenience to the petitioner if temporary injunction is refused would be balanced and
compared with that of the opposite party, if it is granted.
3. Irreparable Injury or Loss.
'Irreparable injury' means such injury which cannot be adequately remedied by damages.

Interlocutory Orders
Rule 6 states that the Court may order the sale of any movable property which is subject to
speedy and natural delay and which is the subject matter of the suit. or which for any other
just and sufficient cause, it may be desirable to have sold at once.
Rule 7 states that the Court may
(a) make an order for the detention, preservation or inspection of any property which is the
subject-matter of such suit.
(b) authorize any person to enter upon or into any land or building in the possession of any
other party to such suit.
(c) authorize any samples to be taken, or any observation to be made or experiment to be tried,
which may seem necessary or expedient for the purpose of obtaining full information or
evidence.
Rule 10 states that where the subject-matter of a suit is money or some other thing capable of
delivery the Court may order the same to be deposited in Court.
 AFFIDAVITS - ORDER XIX

Rule 1 states that any Court may order that any particular fact or facts may be proved by
affidavit, or that the affidavit of any witness may be read at the hearing.
Rule 2 states that evidence may be given by affidavit, but the Court may order the attendance
for cross-examination of the deponent.
Rule 3 states that Affidavits shall be confined to such facts as the deponent is able of his own
knowledge to prove.
However, in interlocutory applications, statements of his belief may be admitted: provided that
the grounds thereof are stated.
Rule 4 states that the court may, by directions, regulate the evidence as to issues on which it
requires evidence and the manner in which such evidence may be placed before the Court.
Rule 5 states that a Court may
(i) redact or order the redaction of such portions of the affidavit of examination-in-
chief as do not, in its view, constitute evidence; or
(ii) return or reject an affidavit of examination-in-chief as not constituting admissible
evidence.
Rule 6 provides that format and guidelines of affidavit of evidence. It states that an affidavit
must comply with the form and requirements as under:
(a) such affidavit should be confined to, and should follow the chronological sequence of, the
dates and events that are relevant for proving any fact or any other matter dealt with;
(b) where the Court is of the view that an affidavit is a mere reproduction of the pleadings, or
contains the legal grounds of any party’s case, the Court may, by order, strike out the affidavit
or such parts of the affidavit, as it deems fit and proper;
(c) each paragraph of an affidavit should, as far as possible, be confined to a distinct portion of
the subject;
(d) an affidavit shall state—
(i) which of the statements in it are made from the deponent’s own knowledge and
which are matters of information or belief; and
(ii) the source for any matters of information or belief;
(e) an affidavit should—
➢ have the pages numbered consecutively as a separate document
➢ be divided into numbered paragraphs
➢ have all numbers, including dates, expressed in figures
➢ documents referred to in the body of the affidavit must be annexed and
paginated
 DEATH, MARRIAGE AND INSOLVENCY OR PARTIES - ORDER XXII

Rule 1 states that the death of a plaintiff or defendant shall not cause the suit to abate if the
right to sue survives.
Rule 3 states that where the right to sue does not survive or sole surviving plaintiff dies and
the right to the sue survives, the Court shall cause the legal representative of the deceased
plaintiff to be made a party and shall proceed with the suit.
Rule 4 states that where the right to sue does not survive against the surviving defendant or a
sole defendant dies and the right to sue survives, the Court shall cause the legal representative
of the deceased defendants to be made a party and shall proceed with the suit.
Where within the time limited by law no application is made the suit shall abate as against the
deceased Plaintiff or Defendant.
Rule 4A states that if in any suit, it shall appear to the Court that any party who has died during
the pendency of the suit has no legal representative, the Court may appoint the Administrator-
General, or an officer of the Court or such other person as it thinks fit to represent the estate of
the deceased person for the purpose of the suit.
Rule 6 states that there shall be no abatement by reason of the death of either party between
the conclusion of the hearing and the pronouncing of the judgment, but judgment may in such
case be pronounced notwithstanding the death and shall have the same force and effect as if it
had been pronounced before the death took place.
Rule 7 states that the marriage of a female plaintiff or defendant shall not cause the suit to
abate.
Rule 8 states that the insolvency of a plaintiff in any suit which the assignee or receiver might
maintain for the benefit of his creditors, shall not cause the suit to abate, unless such assignee
or receiver declines to continue the suit.
Rule 9 states that where a suit abates or is dismissed under this Order, no fresh suit shall be
brought on the same cause of action.
Rule 10 states that in cases of an assignment, creation or devolution of any interest during the
pendency of a suit, the suit may, by leave of the Court, be continued by or against the person
to or upon whom such interest has come or devolved.
Rule 10A states that whenever a pleader appearing for a party to the suit comes to know of the
death of that party, he shall inform the Court about it, and the Court shall there upon give notice
of such death to the other party.
 CAVEAT

A Caveat is a Latin term which means 'let a person beware'. In law, it may be understood as a
notice. It effectively means that certain actions may not be taken without informing the person
who gave the notice.
A caveat petition is a precautionary measure. It is filed by people when they have an
apprehension that some case is going to be filed in the Court concerning them.
The word 'Caveat' is not defined in the Code. A Caveat is a caution or warning given by a
person to the Court not to take any action or grant relief to the other side without giving notice
to the caveator and without affording opportunity of hearing him.

Section 148A of the Code of Civil Procedure reads as under:

148A. Right to lodge a caveat.

(1) Where an application is expected to be made, or has been made, in a suit or proceedings
instituted, or about to be instituted, in a Court, any person claiming a right to appear before
the Court on the hearing of such application may lodge a caveat in respect thereof.
(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has
been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by
registered post, acknowledgement due, on the person by whom the application has been or is
expected to be, made, under sub-section (1).
(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any
suit or proceeding, the Court, shall serve a notice of the application on the caveator.
(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish
the caveator at the caveator’s expense, with a copy of the application made by him and also
with copies of any paper or document which has been, or may be, filed by him in support of the
application.
(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in
force after the expiry of ninety days from the date on which it was lodged unless the application
referred to in sub-section (1) has been made before the expiry of the said period.

The key ingredients of the section are:

• Any person claiming a right to appear before the Court can file a caveat in the following
scenarios:
Where an application is expected to be made or where an application has already been
made in a suit or proceeding instituted or about to be instituted.
• The person by whom the Caveat has been lodged is called a Caveator. He is duty bound
to serve a notice of the Caveat by registered post, acknowledgement due on the person
by whom the application has been made or is expected to be made

• Once a Caveat has been lodged, if any application is filed in any suit or proceeding, the
Court is duty bound to serve a notice of the application on the Caveator.

• Where a notice of any Caveat has been served on the applicant, he shall furnish, at the
expense of the Caveator, A copy of the application made by him and copies of any
paper or document which has been filed by him or which may be filed by him in support
of his application.

• The validity of the Caveat petition is 90 days, from the date on which it was lodged.
 APPOINTMENT OF RECEIVERS - ORDER XL

Rule 1 states that where it appears to the Court to be just and convenient, the Court may by
order—
(a) appoint a receiver of any property, whether before or after decree;
(b) remove any person from the possession or custody of the property;
(c) commit the same to the possession, custody or management of the receiver; and
(d) confer upon the receiver all such powers, as to bringing and defending suits and for the
realization, management, protection, preservation and improvement of the property, the
collection of the rents and profits thereof, the application and disposal of such rents and profits,
and the execution of documents as the owner himself has, or such of those powers as the Court
thinks fit.
Rule 2 states that the Court may by general or special order fix the amount to be paid as
remuneration for the services of the receiver.
Rule 3 enlists the Duties of a Receiver.
Every receiver so appointed shall—
(a) furnish security for what he shall receive in respect of the property;
(b) submit his accounts at such periods and in such form as the Court directs;
(c) pay the amount due from him as the Court directs; and
(d) be responsible for any loss occasioned to the property by his wilful default or gross
negligence.
Rule 4 provides the mechanism for enforcement of receiver’s duties.
It says that where a receiver—
(a) fails to submit his accounts
(b) fails to pay the amount due from him
(c) occasions loss to the property by his wilful default or gross negligence,
the Court may direct his property to be attached and may sell such property, and may recover
for the losses so caused by him.
Rule 5 states that where the property is land paying revenue to the Government and the interests
of those concerned will be promoted by the management of the Collector, the Court may,
appoint the Collector to be receiver of such property.
 SUITS BY OR AGAINST THE GOVERNMENT OR
PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

➢ Section 79 states that in a suit by or against the Government, the authority to be named
as plaintiff or defendant, shall be—
in the case of a suit by or against the Central Government, the Union of India, and in
the case of a suit by or against a State Government, the State.

➢ Section 80 states that no suits shall be instituted against the Government or against a
public officer in respect of any act purporting to be done by such public officer in his
official capacity, until the expiration of two months next after notice in writing has been
delivered to or left at the office of:
➢ in the case of a suit against the Central Government, Secretary to that Government;
➢ in the case of a suit against the Central Government where it relates to railway, the
General Manager of that railway
➢ in the case of a suit against any other State Government, Secretary to that Government
or the Collector of the district
➢ in the case of a public officer, delivered to him or left at his office
➢ Such notice shall state the cause of action, the name, description and place of residence
of the plaintiff and the relief which he claims. The plaint shall contain a statement
that such notice has been so delivered or left.
➢ A suit to obtain an urgent or immediate relief against the Government or any public
officer, may be instituted, with the leave of the Court, without serving any notice as
required but the Court shall not grant relief in the suit, whether interim or otherwise,
except after giving to the Government or public officer, as the case may be, a reasonable
opportunity of showing cause in respect of the relief prayed for in the suit

➢ Section 81 states that in a suit instituted against a public officer in respect of any act
purporting to be done by him in his official capacity—
➢ the defendant shall not be liable to arrest nor his property to attachment otherwise than
in execution of a decree, and,
➢ where the Court is satisfied that the defendant cannot absent himself from his duty
without detriment to the public service, it shall exempt him from appearing in person.
➢ Section 82 states that in a suit by or against the Government or by or against a public
officer, a decree is passed against the Union of India or State or the public officer, such
decree shall not be executed unless it remains unsatisfied for the period of three months
computed from the date of such decree.
 THE LIMITATION ACT, 1963.

Introduction
The law of limitation is based on the idea that law helps only those who are vigilant and diligent
about their rights and not those who sleep on it. It is based on public policy. It primarily
specifies the time period within which a person may initiate a legal proceeding by filing a suit,
application or a petition. It states that if a suit, petition or application is filed after the expiry of
the time so prescribed it will be barred by the Limitation.

Object
The primary object the Act is to ensure that people exercise their right in a timely manner and
to prevent litigation from being dragged without any definite time constraints. This helps in
timely disposal of cases and ensures that there is minimal pendency.

Nature and Scope

The statute of Limitation bolsters two legal principles i.e.,
1) Interest Republicae ut sit finis litium- It is in the interest of society as a whole, that litigation
should come to an end.
2) Vigilantibus non dormentibus jura subveniunt- The Law assists/protects only those who are
vigilant and not those who sleep over their rights.
The Supreme Court in multiple judgments has held that statute of limitation is a procedural law
and operates retrospectively.
It is to be noted that the law of limitation only bars the judicial remedy and does not extinguish
the right.
In Punjab National Bank and Ors v. Surendra Prasad Sinha the Hon’ble Apex Court held that
the rules of limitation are not meant to destroy the rights of the parties. Section 3 only bars the
remedy but does not destroy the right which the remedy relates to.

Statutory Provisions
Section 3 talks about the Bar of Limitation. It states that every suit instituted, appeal preferred,
and application made after the prescribed period shall be dismissed, although limitation has not
been set up as a defence.
Section 4 -Where the prescribed period for any suit, appeal or application expires on a day
when the court is closed, the suit, appeal or application may be instituted, preferred or made on
the day when the court re-opens.
Section 5 talks about extension of prescribed period in certain cases. This is also known as
condonation of delay.
It states that any appeal or any application, other than an application under Order XXI of the
Code may be admitted after the prescribed period if the appellant or the applicant satisfies the
court that he had sufficient cause for not preferring the appeal or making the application within
such period. Note that this provision does not expressly talk about the institution of suits.
Section 6 discusses Legal disability
It states that where a person entitled to institute a suit or make an application for the execution
of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane,
or an idiot, he may institute the suit or make the application within the same period after the
disability has ceased, as would otherwise have been allowed
Section 9 talks about the concept of Continuous running of time It states that where once time
has begun to run, no subsequent disability or inability to institute a suit or make an application
stops it.

COMPUTATION OF PERIOD OF LIMITATION

Section 12 states that in computing the period of limitation for an appeal or an application for
leave to appeal or for revision or for review of a judgment, the day on which the judgment
complained of was pronounced and the time requisite for obtaining a copy of the decree,
sentence or order appealed from or sought to be revised or reviewed shall be excluded.
Section 14 states that in computing the period of limitation for any suit the time during which
the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a
court of first instance or of appeal or revision, against the defendant shall be excluded, where
the proceeding relates to the same matter in issue and is prosecuted in good faith in a court
which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it.
Section 16 states that where a person who would, if he were living, have a right to institute a
suit or make an application dies before the right accrues, or where a right to institute a suit or
make an application accrues only on the death of a person, the period of limitation shall be
computed from the time when there is a legal representative of the deceased capable of
instituting such suit or making such application.
Section 17 states that where, in the case of any suit or application for which a period of
limitation is prescribed by this Act,
(a) the suit or application is based upon the fraud of the defendant or respondent or his agent;
or
(b) the knowledge of the right or title on which a suit or application is founded is concealed by
the fraud of any such person as aforesaid; or
(c) the suit or application is for relief from the consequences of a mistake; or
(d) where any document necessary to establish the right of the plaintiff or applicant has been
fraudulently concealed from him,
the period of limitation shall not begin to run until the plaintiff or applicant has discovered the
fraud or the mistake or could, with reasonable diligence, have discovered it; or in the case of a
concealed document, until the plaintiff or the applicant first had the means of producing the
concealed document or compelling its production.
Section 18 states that where, before the expiration of the prescribed period for a suit or
application in respect of any property or right, an acknowledgment of liability in respect of
such property or right has been made in writing signed by the party against whom such property
or right is claimed, or by any person through whom he derives his title or liability, a fresh
period of limitation shall be computed from the time when the acknowledgment was so signed.
Section 21 states that where after the institution of a suit, a new plaintiff or defendant is
substituted or added, the suit shall, as regards him, be deemed to have been instituted when he
was so made a party.
Section 22 states that in the case of a continuing breach of contract or in the case of a continuing
tort, a fresh period of limitation begins to run at every moment of the time during which the
breach or the tort, as the case may be, continues.
Section 24 states that computation of time in all instruments shall for the purposes of this Act
be deemed to be made with reference to the Gregorian calendar.

ACQUISITION OF OWNERSHIP BY POSSESSION

Section 25 talks about Acquisition of easements by prescription.
It states that
I) where the access and use of light or air have been peaceably enjoyed as an easement
and as of right, without interruption for twenty years, and
II) where any way or watercourse or the use of any water or any other easement
(whether affirmative or negative) has been peaceably and openly enjoyed by any
person claiming title thereto as an easement and as of right without interruption and
for twenty years,
then the right to such access and use of light or air, way, watercourse, use of water, or other
easement shall be absolute and indefeasible.
Where the property over which a right is claimed as above belongs to the Government the time
limit will be “thirty years”.
Section 27 states that at the determination of the period hereby limited to any person for
instituting a suit for possession of any property, his right to such property shall be extinguished.