Topic Keywords Order Brief

Court may order separate trials or may join together P/D. This is to be read
Order 1, Rules 1, 2 and 3
Joinder with Section 11.

Order 1, Rule 4 Res Judicata may apply against plaintiff or defendants.

P filing application Order 1, Rule 7 If in doubt, implead.

Proper and necessary party Order 1, Rule 9 This states the consequence of not adding a necessary or proper party

Basically states that a court may order substitution or adding of plaintiff in

case of bonafide mistake. Thus either striking out or adding parties at any
Misjoinder and non-joinder of suit Order 1, Rule 10
Parties to suit stage of the proceedings.
However, when defendant added, plaint to be amended

Representative suits
Numerous persons having same interest in one suit - then one or more
parties may sue or be sued on behalf of, or for benefit of all persons — with
prior permission from court.
Must give notice to all persons
Order 1, Rule 8 Any person on whose behalf such a suit if filed can apply to be a party —
interveners interested in substantial Q of law.
No agreement, compromise, withdrawal or abandonment of suit can be
reached without notice to all interested persons
Decree passed will be binding on all persons

John Doe orders and Super

injunctions

Speaks of the information the plaint is supposed to contain —

Name of the Court; Name, Description and Residence of P; Name,
Particulars Order 7, Rule 1
Description and Residence of D; facts concerning the cause of action;
jurisdiction; relief; valuation of court fees

Money suit will set out precise amount claimed.

Money suit Order 7, Rule 2 If mesne profits, unsettled accounts, movables or debts of whose value he
can't ascertain even after 'reasonable diligence’ -- then approx

For immovable property, the plaint will contain a description of property

Immovablele property Order 7, Rule 3
sufficient to identify it.

Plaint must show that D is interested or claims interest in the subject matter,
D’s interest Order 7, Rule 5
and liable to be called.

Relief claimed may be — monetary; specific performance or permanent

Reliefs injunction; declaratory reliefs; misc (appointment of receiver)

Order 7, Rule 7 This relief to be specifically stated

P who omits, except with leave of the Court, to sue for any relief which he
Suit to include whole claim Order 2, Rule 2 may be entitled to sue for with regard to the same cause of action, will not be

Plaint allowed to sue for any such committed relief.

Relief can be claimed on several different and distinct claims or causes of

Several/Alternative grounds Order 7, Rule 8
action. To be stated separately and distinctly.

After examining reliefs claimed and cause of action — Court may return or
Ajay Goyal v. Bhadari Order 7, Rule 9 reject the plaint. Or after such exam, under O.7R.9, may admit the plaint and
issue summons

Rule 10A lays down procedure for return of the plaint; but Rule 10 essentially
just states that at any point of the trial, upon giving notice to the P, the court
Return of plaint Order 7, Rule 10
may return the plaint. This is even after stage of appeals/revision. This is to
be returned and presented to Court where suit should have been instituted.
- Must take into account only the facts pleaded in the plaint
- Cannot go into veracity of facts, as this is to be proved by evidence.
- Written statement of D not to be considered
Order 7, Rule 11 - May be rejected at any stage, even before admitting it.
Rejection of plaint - Circumstances for rejection set out in O. 7, R. 11.
- O. 6 R. 16 — striking out pleadings relates to specific matter in pleading,
not rejection.

Order 7, Rule 13 Rejection of plaint doesn’t preclude filing of fresh plaint.

Suit been duly instituted — summons may be issued to D to appear and

answer claim — and to file written statement within 30 days of service of
summons.
Summons Order 5, Rule 1 Won’t be issued when a D has appeared at presentation of plaint and
admitted P’s claim.
Where D doesn’t’ file written statement within 30 days — may be allowed to
file later — reasons in writing — no longer than 90 d.

Court to order personal

Summons appearance
Order 5, Rule 3 Personal appearance of P/D specified in summons

1) within local limits of courts ordinary jurisdiction

Make personal appearance if
Order 5, Rule 4 2) without such limits but at — based on certain transport considerations re.
resident in local limits
distance from court house

Summons — settle issues or final While issuing summons, Court to determine if it’s for settling issues, or for
Order 5, Rule 5
disposal final disposal of the suit.

Rest marked in bare-act.

D shall, within 30 days from service of summons, file a written statement of

Written statement Order 8, Rule 1
defence. [With reasons recorded — no later than 90 days]

D bases his defence on document; or relies on doc in his possession; he

shall enter such document in list and shall produce it.
Produce documents Order 8, Rule 1A
Shall enter such document and produce it in Court when written statement is
presented

• D must raise all objections as to the jurisdiction and merits in the pleading
so not not take the other party by surprise.
• New facts from defense, specifically pleaded.
• Preliminary objections -- res judicata, res subjudice, limitation, special law
Specifically plead new facts // lay
Order 8, Rule 2 bars the suit -- objections related to maintainability or jurisdiction.
cards on table.
• Preliminary submissions -- your side of the facts // how one sees the fact.
Dif. Narrative. [Objective to pur facts straight]
If this prelim. Submission is not given, the factual matter you depend upon
may be barred from being raised, as it would defraud the other side.

Written

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 Topic Keywords Order Brief

Written Deny specifically points of

substance
Order 8, Rule 3
Defendant must deal specifically with each allegation of fact which he rebuts
re. truth; except damages.
If not X, you may have received part of X. All points of substance have to be

statement denied.

- Where D denies an allegation of fact in plaint, must not do so evasively.

[Conform to O. 6 and O.8] Evasive denial
Specific denial -- consequences of
admission
Set off particulars in written
statement
Order 8, Rule 4 Must answer the point of substance.
- Money example in section itself
- Every fact in plaint, if not denied specifically or by necessary implication, or
admitted in pleading, shall be taken to be admitted except as against
person under disability.
Order 8, Rule 5
- I.e. not denying will constitute admission.
- If D doesn’t file written statement, then Court can proceed with facts on
record. Exception re. discretion in proviso.
- Must be for recovery of money
- Must be for particular, ascertained sum
- Such sum must be legally recoverable
- Need not be recoverably from same transaction
Order 8, Rule 6
- Mustn’t exceed pecuniary limits of jurisdiction
- Both parties fill same character as they fill in P’s suit
- Claim must be recoverably by defendant to by all defendants
- Must be recoverably from P or all Ps.

- Equitable remedy
- This may be for unascertained sum
Court may de-hors the - Must arise of the the same transaction with P
Set off Equitable set off provision of the Code
allow equitable set off.
- Unlike legal set off, which is a matter of right; this is a discretionary relief
which can’t be demanded as a right.
- Cannot go behind equity with unclean hands
- Has a much greater scope than O8 R6.

Counterclaim is a claim made to rebut accusations against you.

Counter claim by defendant
If you are sued for breaching a contract and you, in turn, also file suit
against the plaintiff and claim that he was really the one who breached
the contract, your claim against the original plaintiff is an example of a
counterclaim.
Essentially erect a right, claim in respect to a cause of action
accusing to defendant against the plaintiff [Thus need not be monetary
Order 8, Rule 6A claim]— before/after filing the suit.
Object is to ensure -- trial of all issues between same parties in one suit
and at one time
Must be before defence by D is rendered
Will have same effect as a cross-suit
P may file written statement in response to this

Counter Counter claim to be treated as plaint (O. 7 applies)

Claim Counter claim to be stated Order 8, Rule 6B

State in written statement that he replies on any ground by way of counter
claim

P says such counter claim filed by D isn't to be in such character, but to be in

Exclusion fo counter claim Order 8, Rule 6C an independent suit — then before issues are settled — P may apply to Court
for such order of exlusion

Discontinuance of suit Order 8, Rule 6D Suit of P stayed/discontinued — counter claim still may proceed

Default of P to reply to counter

Order 8, Rule 6E If P defaults then court proceeds to even make judgment against him
claim

Relief to D when counter claim Set-off or counter-claim established as a defence against P’s case — and
Order 8, Rule 6F
succeeds balance is found -- then judgement to party entitled to such balance/

Written statement to apply: Rules Order 8, Rule 6G Rules of written statement apply

Order 9, Rule 1 parties appear on day fixed for summons. Suit to be heard unless adjourned.

Order 9, Rule 2 Dismissal of suit where summons not served in consequence of P’s failure to pay cost

Order 9, Rule 3 Where neither party appears, court may dismiss the suit

Where suit dismissed under R 2/3 — then P may (subject to law of limitation) bring a fresh suit
Order 9, Rule 4
Or may apply for order to set dismissal aside if shows sufficient cause for failure to attend (R.2)

- After summons has been issued to D

- Returns unserved
- P fails for 7 days to apply for fresh issue of summons
Order 9, Rule 5
- Court to make order to dismiss suit
- Exceptions/unless — failed to discover residence (using best endeavours); D is avoiding being
served: any other “sufficient cause”

When only P appears; (1) If summons duly served — Court may make an ex parte order
and not D (2) When summons not duly served — Then Court may direct second
summons to be issued an served
Order 9, Rule 6
(3) When summons served but not in due time — Court shall postpone the
Appearance hearing
If P’s fault for failure to deliver summons — then P to pay cost

of parties Order 9, Rule 7

D appears on day of
adjourned hearing and
Court adjourned the hearing of the suit ex party, and D assigns good cause,
he may direct as to costs or otherwise.
gives good cause

When only D appears; Suit dismissed unless D admits the claim or part thereof; then Court may
Order 9, Rule 8
and not P pass a decree against the D (whole or part depend on what D has admitted)

Cause of action estoppel if decree passed u/R.8

Decree against P by
Order 9, Rule 9 But if he proves “sufficient cause” for his non-appearance, then Court shall
default bars fresh suit
set aside dismissal

Procedure in case of More P’s than one, and non-appearance — then depending on the Ps
Order 9, Rule 10 non-attendance of one appearing, may permit the suit to proceed in the same way as if all Ps
or more Ps appeared

Procedure in case of
SUIT SHALL PROCEED.
Order 9, Rule 11 non-attendance of one
Court’s order to apply to even D’s not present
or more Ds

When party ordered to

Order 9, Rule 12 Will be subject to rules in this Order re. P/D who doesn’t apply
appear, doesn’t

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 Topic Keywords Order Brief

• In case where decree passed ex parte against a D, he may apply to Court

in which decree was passed, for an order to set it aside.
• If he satisfies the Court that summons was not duly served, or that he was
prevented by ‘sufficient cause from appearing when suit was called on for
Setting aside ex parte
Setting aside ex parte Order 9, Rule 13
decree against D
hearing.
• Court shall make an order setting aside the decree against him
decrees. • Can’t set aside decree merely on grounds that there was an irregularity
with summons, where Court knew that D had notice of the date and had
sufficient time to appear and answer claims.

Order 9, Rule 14 No decree to be set aside without notice to the opposite party

- In any suit by P/D, with leave of Court may leave interrogatories for other
side.
- Interrogatories (also known as requests for further information) are a
formal set of written questions propounded by one litigant and required to
be answered by an adversary in order to clarify matters of fact and help to
determine in advance what facts will be presented at any trial in the case.
• Interrogatories target factum probanda; not probentia [can't question
Discovery by interrogatories + anything relating to evidence. Can question case of the other side].
Order 11, Rule 1 • Title suit filed; from reading plaint, one realises that flow of title unclear (ex.
General information
Land suit, if grandfather got suit from local zamindar, then father then passed
to X)
• If interrogratories bought in re. grandfather's marriage etc -- cannot be
deemed irrelevant.
• It builds your case and undermines opponent's case
• P/D can bring it; co-P/D can bring it
Principle of judicial economy still operates. Court will not do anything more than it
has to do. Thus questions that may be relevant, just not at the current stage at hand.

Discovery by Particular interrogatories to be

Order 11, Rule 2 TO be submitted to Court — shall take int oaccount any offer which ma
submitted
interrogatories Costs Order 11, Rule 3

Form of interrogatories Order 11, Rule 4

Corporations Order 11, Rule 5

Cannot ask privileged information // interrogatory— State secret, In course of

marriage, Attorney client [Privilege defined in the Evidence Act]
Objections to interrogatories Order 11, Rule 6 Cannot ask scandalous, irrelevant information not in bonafide nature w.r.t the case at
hand.
Such objections can be taken in the affidavit

Setting aside and striking out May be set aside if exhibited to be unreasonably vexatious, or struck out on
Order 11, Rule 7
interrogatories ground that they are prolix, oppressive, unnecessary or scandalous.

Interrogatories should be answered by a filled in affidavit within 10 days of

Affidavit in answer, filing Order 11, Rule 8
service of interrogatories, or within the period court allows.

Premature discovery Order 11, Rule 20 Interrogatories cannot be allowed at a premature stage

Discovery of Documents A party can apply to the Court to compel the opposite party to disclose any
documents in their position or power relating to any matter in question in the
suit.
If court makes order, other party must comply to make an affidavit, failing
which penalties of Rule 21 apply.
Application for discovery of Any Document that throws any light on the matter in the proceeding is a
Order 11, Rule 12
documents document relevant to the matter in question. Any document which may be
directly or indirectly enable a party to advance his case is a relevant
document. But if documents are irrelevant/immaterial, then application could
be rejected.
Cannot ask privileged information // interrogatory— State secret, In course of
marriage, Attorney client [Privilege defined in the Evidence Act]

Affidavit of documents Order 11, Rule 13 Objection in affidavit

During pendency — may order production of documents in possession

Production of documents Order 11, Rule 14
relating to matter in question in such suit.

every party entitled to give notice to other party in who's pleadings/affidavits

Order 11, Rule 15
reference is made to any document.

Order 11, Rule 16

Order 11, Rule 17 Documents referred to in the pleadings can be demanded for inspection
without Court’s intervention. Within 10 days, other party should make
Inspection of Documents documents available for evidence. If he fails to do so, the Court may make an
Order 11, Rule 18
order of inspection. (Rules 17, 18)
Order 11, Rule 19
Order 11, Rule 20
Order 11, Rule 21
Order 11, Rule 22
Order 11, Rule 23

• Statement of fact
• Made under oath
• Legal consequence, you'll be penalised if you lie
• Declaration made by person
Affidavits Order 19 • Must be in writing
• Sworn before a Magistrate or any other authorised officer
• Compels person to tell the truth
• Popular mode of taking evidence.

Trial starts at point of settling of issues.

- Issue relates to a material proposition of fact or law. [O.14 R.1]
- Issues are framed in the form of questions
- There are issues of fact (a), issues of law (b) and issues of fact and
law, mixed (c)
- Framing of this is a skill of the judge. More particular it is, the better
it is for the decision. If vague or too broad, then the answers
Framing of issues Order 14, Rule 1
correspondingly so.

— Judge does this in court, or it happens in open court.

— Judge says framing it in XYZ terms, parties may contribute -- oral
application for new issue, reframing etc., it is essentially a negotiation.
— If you've not framed an issue that was meant to, it is an irregularity.
Not fatal to case.

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 Topic Keywords
Court must pronounce judgement
TRIAL COMMENCES on all issues.
Issues
Materials for framing issues
Court may examine witnesses/
documents before issues framed
Amend/Strike out issues
Q of fact or law may by agreement
be stated in form of issues
After inquiry — Court satisfied —
judgement
D called to furnish security
No cause, no security attachment
Mode of attachment
Attachment before
Adjudication of claim of attachment
Judgement re. property
Same as in exec of decree — O. 38, R8
Remove attachment when security
paid/suit dismissed
Doesn’t affect rights existing prior
to attachment
No re-attachment in execution
Can’t attach agricultural produce
Small Cause Court can’t attach
movable property
Cases where Interim injunctions
granted
Restrain repetition or continuance
of breach
Consequence of disobedience to
injunction
Injunctions Notice to be sent before injunction
Direct application in 30 days
Dicharge, vary, set aside injunction
Injunction on corporation
Power to order interim sale
Detention, Preservation, Inspection
Order 39, Rule 7
of subject matter
Interlocutory
Application for such orders to be
Orders after notice
Party put in immediate possession
of land the subject-matter of suit
Deposit money in Court
Appointment of receivers
Order Brief
Court cannot abandon an issue. The Court is to analyse and must give
Order 14, Rule 2
a finding.
- Allegations on oath made by parties through their pleadings or
otherwise;
Order 14, Rule 3
- Answers to interrogatories;
- Documents produced by parties.
If court belief that issues can’t be framed without examination fo person or
Order 14, Rule 4 inspection of document — can adjourn not more than 7 days.
May compel attendance of person or production of document
Before passing a decree, Court may amend issues or frame additional issues
Order 14, Rule 5
— as may be necessary for determining matters in controversy.
Order 14, Rule 6
If proper inquiry — (1) Agreement duly executed; (2) have substantial
Order 14, Rule 7 interest; (3) fit to be tried and decided — shall proceed where Court states
reasons, finding and decision as if issue was framed by Court itself.
- Any stage of the suit
- Where D may obstruct or cause delay to execution of decree where he’s
trying to dispose property or remove it from local limits of jurisdiction —
Order 38, Rule 5 - Court may direct him to furnish security and place before the Court the
property or value of the same.
- P shall specify the property required to be attached
- Conditional attachment also OK.
D fails to show cause why he didn’t or why D doesn’t furnish security; then
Order 38, Rule 6 Court may order attachment. Per contra, if D furnishes such security, then
order of attachment would be withdrawn.
Same as in exec of decree — O. 38, R 7
Suit dismissed — (1) D furnished security with security for cost of attachment
Order 38, Rule 9
or (2) when suit is dismissed
Order 38 Rule 10 This is not the rights of parties to the suit, but other persons.
Shall not be necessary to apply for re-attachment. Attachment before
Order 38 Rule 11
judgement continues even in execution.
Order 38 Rule 12
Order 38 Rule 13
1) property in dispute — danger of being wasted, damaged or alienated,
wrongfully sold in execution — by any party to suit
Order 39, Rule 1 2) D threatens/intends to dispose property to defraud creditors
3) D threatens to — dispossess, or otherwise cause injury to P — Court may
grant temporary injunction
Breach of contract or other injury of any kind — P may at any time, whether
Order 39, Rule 2 or not compensation claimed in suit — apply for temporary inunction to
prevent him from coming breach/injury
- may order it to be attached and may also order detainment in civil prison
not more than 3 months
Order 39, Rule 2A - No attachment shall be in force for more than a year.
- If still breach — cause such attached property to be sold — proceeds for
compensation
Order 39, Rule 3
Exception — delay
Else, direct notice of application to opposite party. Send certain documents.
Order 39, Rule 3A Where injunctive without notice
- Discharge where any party is dissatisfied with an order
- Application for temporary injunction — party made false or misleading
statement
- Injunction without notice
Order 39, Rule 4
- Then court shall vacate, unless “interests of justice” prevails
- Where injunction has been passed after party has been given opportunity
to be heard — then shall not D/V/SA on application of THAT party —
unless change in circumstances or undue hardship
Binds not just corporation, but also members and officers whose PERSONAL
Order 39, Rule 5
action it seeks to restrain
On application of party — order sale of any immovable property being the
subject-matter of suit — or that attached before judgement — which is
Order 39, Rule 6
subject to speedy and natural decay
Or which is ‘just and sufficient cause’ — sold at once.
Detention, Preservation, Inspection of subject matter of the suit — may
authorise person to enter upon or into land/building in possession of another
party
May order samples, observation, experienment which is necessary for full
evidence/information
Application by P for order u/R.6/7 may be any time after institution of suit.
Order 39, Rule 8 For D, after appearance
Unless delay, notice to be given to opposite party
Land paying revenue to Govt., or tenure liable to sale — subject matter of a
suit — if the party in possession neglects to pay the Govt revenue/rent —and
Order 39, Rule 9
other party claiming interest, may, upon payment, be put in immediate
possession
Subject matter of suit is money or thing capable of delivery — party admits he
Order 39, Rule 10 holds this as trustee — or that it belongs/due to another party — Court may
order it to be deposited
Receiver appointed before or after decree — to remove any person from
Order 40, Rule 1 possession or custody — commit same possession/custody/management to
receiver — confer powers as (1)(d)
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 Topic Keywords Order Brief

Remuneration Order 40, Rule 2 Court — general or specific order — fix amount

1) furnish security to account for what he receives in respect of property

2) Submit his accounts
Receivers Duties Order 40, Rule 3
3)
4)
Pay amount due from him
Responsible for loss or negligence

If on failure to submit accounts; or fails to pay amounts due from him; or

Enforcement of receiver’s duties Order 40, Rule 4 causes loss to property on negligence or default — then Court may direct his
property to be attached and sold

When collector may be appointed Land paying revenue to Govt; or land where revenue has been assigned or
Order 40, Rule 5
receiver redeemed — with consent, collector appointed as receiver

Once hearing is over, should be no break bet. Reservation and judgment,

within 30 days of conclusion of hearing. If it is not practical due to
Pronouncement of judgement Order 20, Rule 1
extraordinary circumstances, 60 days. Due notice of day fixed for judgment
needs to be given to parties and must be dated and signed by the judge.

Decree for recovery of immovable - Subject matter of suit is immovable property; decree shall contain
Order 20, Rule 9
property description enough to identify

Decree for recovery of movable Decree is for movable property — then such decree shall state the amount of
Order 20, Rule 10
Judgement + property money to be paid as an alternative if delivery can’t be had.

Decree WWhere the suit is for the recovery of possession of immovable property and
rent or mesne profits then the court may pass a decree-
Mesne profits Order 20, Rule 12
* Possession of property
* Rents arising out of the property

Where a suit is for an account of any property or for its due administration
Decree in administration suit Order 20, Rule 13 under the decree of the court, the court shall before passing the final decree
pass a preliminary decree ordering such accounts and inquiries to be made.

Set/off counter claim Order 20, Rule 19 Set off/counter claim — decree shall state the amount re. recovery or due.

- Expenditure incurred for giving notice required

- Expenditure incurred for giving notice not required
- typing, writing, printing pleadings
Costs Order 20A
- charges re. inspection
- Incurred for producing witnesses
- in case of appeals, charge for acquiring judgements and decrees to be filed

Execution
Appeals
SEE PRINTED NOTES ON THESE TOPICS.
Reference, review,
revision