Ph. No.

: 9849528129
E-mail : bhagyasri.n@gmail.com
Dispute…..
• Means….
• According to Black Law Dictionary (7th Edi. 1999)
• Is a Conflict or Controversy
• ……..one that has given rise to a particular law suit.
Civil Dispute
• A disagreement on a point of Law or fact,
• a conflict of legal views
• or of interests between two persons
• Ref: Mavrommatis Palestine Concessions,
Judgment no.2, 1924, PCIJ, Pg.11 (Greece v.
Britain)
• …when the dispute involves determination of civil
rights
TYPES OF CIVIL DISPUTES

PROPERTY DISPUTES

CONTRACT DISPUTES

COMPENSATION CLAIMS
CONSUMER CASES

FAMILY DISPUTES
Case -Law
LITIGATION
Means…

An action brought in court

to enforce a
particular right.
• Ultimate Legal Method
• for settling controversies or disputes
• between and among persons, organizations and the
state.
Illustration
 79-year-old Stella Liebeck, who was a passenger in her
grandson’s car, purchased a cup of coffee at McDonald’s
drive-through.
 While the car was still parked, Liebeck removed the lid
from the cup to add some creamer to her coffee,
inadvertently dropping the cup and spilling the scalding
hot coffee on her lap.
Cont….
• Liebeck suffered third-degree, deep tissue burns on
her legs that required multiple surgeries and skin
grafts.

??????????
• Remedy?
Ans…
 The lawsuit against McDonald’s made national
headlines,
 The facts of the case ……negligence, defective
product,
 and breach of implied warranty make a fascinating
civil case.
Cont…
 Liebeck filed a civil lawsuit

 against McDonald’s

 for her injuries under the torts of strict liability and

negligence
Finally….
• However, the damages to her body, her pain and suffering, loss of
income, and loss of enjoyment in life due to pain were real and she
did prevail in court.
• The jury found that the defendant’s product (the coffee) was
defective (too hot to drink) and this constituted a breach of implied
warranty (the assumption that the coffee was safe to drink).
• The jury also found that Liebeck was twenty percent at fault for her
injuries.
case

Liebeck
v.
McDonald’s Restaurants
CV-93-02419, 1995
(N.M. Dist., Aug. 18, 1994)
LAW
 Major Differences
Civil Criminal

• Wrong vis-à-vis • Considered...against

another individual. the society.
• Prayer...monetary • Prayer...punishment /
compensation/other. jail
• Burden of • Burden of
proof...can be proof...always on the
shifted state
CIVIL LAW
INTRODUCTION Admn. Of
TO JUSTICE

PROCEDURAL LAW (or)

SUBSTANTIAL LAW
Adjective

DETERMINES MACHINARY

ENFORCEMENT OF
RIGHTS & LIABILITIES
RIGHTS & DUTIES

Ex. CONTRACT ACT, T.P

Ex. CPC, CrPC, IE Act
ACT, I.D ACT
Objective
 ……….. is one of the major and main procedural laws

 ……….For enforcement of Civil Rights and

Remedies through Civil Courts.

 ………….Governs the process of Litigation
Cont...
 The major concern of law is conflict resolution.

 Procedural laws are important

........ for implementing and enforcing of rights

& remedies provided in substantial law
 .... regulate the functioning of civil courts
...... procedure for adjudication of disputes

Provides a fair procedure for redressal of disputes

Ensure procedural regularity in civil litigation

......is an adjunct or an accessory to substantive law

 .......this course is a part of study.

 the study covers ....

 procedures to be followed by the civil courts

 from the institution of suits to till the final

disposal.
 This course will also purse civil litigation

 ............through appellate courts, examining the corrective

steps available in civil proceedings.

 ...clear idea regarding imp. Steps that are usually taken in

an ordinary suit

 This course also deals with the Law of Limitation as

applicable to civil proceedings.
.....designed to facilitate Justice and further its
end
Regulating access to court and to justice
Maintain speedy and effective process
Achieving just and effective out comes
Specific rules for proceedings of case
........systematic and formal way
• Code construed liberally

• ......and technical objections should not be allowed to defeat

substantial justice

• ....... not merely based on the black letter of law and

procedure.

• It takes into account humanist perspective while charting out

the procedure
 Sukhbir singh
Vs
Brij Pal Singh
AIR 1996 SC 2510

 ……..Court explained procedural law is always

subservient to substantive Law. The procedure is
handmaiden to the substantive rights of the parties.
Case Law

AIR 1996 SC 2510

Suit filed....

....... for specific performance

Facts....
 pleading that...... despite his readiness and
willingness

 .........had avoided to sell the property

 despite several requests............

 ........ failed to execute the sale deed.

Cont..
 Though .......tried to reach out them

 intentionally avoided to execute the sale deed in their

favour.

 Consequently, their efforts to have the property

reconveyed failed

 So, .................suit for specific performance of the

agreement
Plea of the def...

 .......agreed........executed agreement of reconveyance,

 .......they were always ready and willing to perform their

part of the agreement.

 plaintiff did not have sufficient means to pay the sale

consideration

 ....filed the suit only to blackmail them

Trail court

 After framing proper issues

 .........dismissed the suit

On what ground?

……

 holding that
 the plaintiff had failed to prove
 .......that they were willing to perform their part of
the contract nor have they enough funds to
purchase the lands in dispute
On appeal.....

o Additional District Judge........

o .....allowed and decreed the suit
o Before H.C
o Second appeal filed.......

o dismissed
Before S C......

 Issue.....

 Is the Plaintiff required to show his

capacity......before the court
????

 What substantive law provides…..

 What is the duty of procedural law?

 According to Sec 16 (1) ( c ) of……

???

The Specific Relief Act, 1963

Explanation...

• where a contract involves the payment of money,

it is not essential for the plaintiff to actually
tender to the defendant or to deposit in court any
money except when so directed by the court;
• the plaintiff must aver performance of, or
readiness and willingness to perform, the contract
according to its true construction.
Interpretation

 Law is not in doubt and

 it is not a condition that the plaintiff should have

ready cash with them.

 The fact they attended the Sub-Registrar's office

to have the sale deed executed
Cont….

 ......is a positive fact to prove that they had

necessary funds to pass on consideration

 and had needed money with them for payment

 .....at the time of registration.

Cont...

 it is sufficient for the plaintiff

 to establish that they had the capacity to pay the
sale consideration.
 It is not necessary
 they should always carry the money with them
 from the date of the suit till date of the decree.
Finally….

 ……… be clear that the courts below have

appropriately exercised their discretion
 for granting the relief of specific performance on
sound principles of law.
 The petition is accordingly dismissed.
 Saiyad Mohammad Baker
Vs
Abdul Habib AIR 1998 SC 1624

o …Nothing can be given by a procedural Law that is

not sought to be given by a substantive Law.
Case-Law:

Ghanshyam Dass
Vs.
Dominion of India
AIR 1984 SC 1004
Court says……..

• .........passed to provide the regulation and machinery

• by means of which the Courts may do justice
between the parties.
• It is therefore merely a part of the adjective law
• and deals with procedure alone
• and must be interpreted in a manner so as to sub
serve and advance the cause of justice rather than to
defeat it.
Cont……

• Our laws of procedure are based on the principle

that
• "as far as possible, no proceeding in a court of
law should be allowed to be defeated on mere
technicalities”
Case Law

Saiyad Mohammad Baker

V.
Abdul Habib
AIR 1998 SC 1624
SC explained....
 ……….. law is always in aid of justice,
 not in contradiction or to defeat the very object which is
sought to be achieved.
 A procedural law is always subservient to the substantive law.
 Nothing can be given by a procedural law what is not sought
to be given by a substantive law
 and nothing can be taken away by the procedural law what is
given by the substantive law.
Code…….

• The word CODE means

• ‘a systematic collection of statutes, body of
laws so arranged as to avoid inconsistency and
overlapping‘
???

• Find out the nature of case

• If it is in civil nature………..
 CPC

Orders & rules

Sec. 158
51

Amended by
By HC
Legi.
Cont…
 Section…
 …lays down the general principles of jurisdiction
 Rules…
 ...prescribe…Method & Manner
 Both….read together & construed harmoniously
Objective
Consolidate and amend

…..means
To collect the statutory law
Relating to particular subject
To bring it up to date
Features
Of CPC
Features
 Regulating access to court & Justice

 Ensuring the fairness of process

 Maintaining speedy & effective process

 Achieving just & effective out comes

CPC…...

• Civil Procedure Code, 1908

Prior to 1908…….

What was the position of disputes?

Cont…
 Before 1859- ?
 No uniform civil code procedure
 1859 Code…..ill arranged, incomplete &
unsystematic….
 1877 Code….some defects….1882 Code…..
 Present Code……1908 Code…..
Still…
o 1908 Code exists as it is…..

o Still …….in force

o …..with extensive amendments

o What are the major amendments?

o Object…..behind amendment
A mendments
• Major amendments……

• 1976….1999….2002…….

• Object…

• to keep procedural law in tune with

changing needs of society & even
technological advances.
1976…

To ensure more expeditious disposal

Minimize the litigation

Ensure fair trail

Cont…
 S. 35 A & 35 B

 …inserted….to provide compensatory cost…in

respect of false claims

 No order for detention ….decree does not

exceed Rs.500/-

 Provision…..inserted……for free legal aid

 Incorporated…..suits related to family

1999….

• Affidavit ………with plaint

• Plaint in duplicate………

• Written arguments……
2002
Time limit….fixed

Adduce the evidence……by affidavit

…..for settlement of disputes….through

conciliation, arbitration…Lok
Adalath…..
 Persons fail to solve
a dispute
 Approach the court
 Filing a case……
 To settle the disputes
 Declare & Establish
individual rights
 Regarding the matters
in dispute
 CPC……aid to justice