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Return of Plaint:

Section 9 of the Code of Civil Procedure recognizes the power of ultimate


jurisdiction of the civil courts to try all suits of civil nature. But this power is
subordinate to the provisions of the Code itself; one of these limitations is stated
under Order 7 Rule 10.

Meaning of Plaint:
An official legal complaint against someone that is used in a court of law

Grounds for Return of Plaint:


Following are the grounds for return of plaint:
1.
2.
3.
4.

Court has no jurisdiction


Objection to Jurisdiction
-Subsequent acquired Jurisdiction
Part of plaint is within and part outside of jurisdiction of court.

Time of return of Plaint:


The plaint may be returned at any stage of of the suit and even in appeal or
revision.

Procedure on Return of Plaint


On returning of plaint, the judge shall endorse following on the plaint
1. Date of presentation and return of plaint
2. Name of the party presenting it
3. Brief statement of reasons for returning it.

Applicability of Order 7 Rule 10


Applicable only to suits not appeals.

Appeal
An order of return of plaint is appealable but second appeal is barred.

Courses to plaintiff on return of plaint


Either file a fresh new suit or
Amend the existing plaint and present it in the court.

Rejection of Plaint
A civil suit is filed by presenting a plaint . If the plaint is defective on any of the
grounds mentioned in Order 7 , Rule 11 of C.P.C , the plaint can be rejected by
the Court .

Grounds of Rejection of Plaint:


a) where it does not disclose the 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 written
upon paper which is 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 ; and
f) Where the plaintiff has not complied with the provisions of Rule 9
or where the plaintiff fails to present the copies of plaint along with
requisite fees for service of summons on the defendants within
seven days from the date of order of service of summons .

Deficiency made up in the time allowed:


When the plaintiff make up the deficiency in the court fee with in the time allowed
and extended time, the suit will have same force as it could have at the time of
payment of full court fees.

Order 7 Rule 11 not Exhaustive:


Order 7 rule 11 is not exhaustive and the court may reject a plaint on any other
ground too.
Rejection of Plaint amounts to Decree
By virtue of section 2(2) of CPC, an order rejecting a plaint amounts to a decree.

Procedure on rejection of plaint


Following procedure shall be adopted by the Judge on rejection of plaint under
order 7 rule 11
a) Judge shall record an order to that effect
b) Judge shall record the reasons there to.

Appeal
An appeal lies against the decree of rejection of suit.

Difference between Rejections of Plaint & Return of Plaint:


1. As to mode ( Rejection by suo moto or application but return only by
court)
2. Grounds ( Mentioned in order 7 rule 10 return of plaint and rule 11
rejection of plaint)
3. Time Allowed ( Time allowed in rejection of plaint to make up
deficiency)
4. Nature ( an order of rejecting a plaint is decree)
5. As to second appeal (Second appeal lies on rejection of plaint)
6. Revision ( Revision will not lie against an Order rejecting a plaint)
7. Exhaustiveness ( Order7 Rule 10 is an exhaustive in nature)

Ex Parte Decree:
Where on the date of hearing only plaintiff does and a defendant does not
appear the Court may hear the suit ex parte and pass a decree against the
defendant. The legal validity, enforceability and operation of such decree is
similar
to
any
bi-parte
decree.
Meaning of Ex Parte
The Term Ex-parte means in the absence of other party.
Relevant Provisions:
Order 9, Rule 6,7,13,14
Procedure of court where defendant after due service of summons
fails to appear:

When the suit is called for hearing and plaintiff appears before the court but
the defendant does not, despite the due process of service of summons, than
the court may proceed ex-parte against him.
Meaning of Ex-parte proceedings:
Proceedings which are undertaken in the absence of the defendant
Essentials to Ex-Parte proceedings
1.
2.
3.
4.

Appearance of plaintiff
Non appearance of defendant
Suit is called for hearing
Due service of summons

Setting aside ex-parte proceedings


1. Appearance in the court before the conclusion of hearing
2. Appearance before passing decree
3. Assigns good cause
Passing of Ex-parte Decree
The court is authorized under order no 9, Rule 6 to pass ex-parte decree
where the defendant not appear in the court.
1-Meaning of Ex-Parte Decree
A final decree passed by the court in the absence of defendant.
2-In furtherance of Ex parte proceedings
3- Production of Evidence by Plaintiff
4-Discretion of Court
Setting aside ex-parte decree
Under Order 9, Rule 13
1-Application
2-Application should be made in the court which passed ex parte decree
Grounds for setting aside decree
1. Summons not duly served ( Onus to prove )

2. Sufficient cause for non appearance


Remedies against ex parte decree
1.
2.
3.
4.
5.
6.

Application u/s 12 (2)


Appeal u/s 96
Review Application u/s 114
Revision u/s 115
Inherent power of courts u/s 151
Writ under article 199 of constitution of Pakistan 1973

Order 2(14)
Order means a formal expression of any decision of a Civil Court which is not
a decree
Essentials of Order
1.
2.
3.
4.

Decision ( A judicial decimation of facts in accordance with evidence)


By Civil Court ( Court must be civil court not administrative tribunals)
Formal Expression ( Decision of the court must be formally expressed)
Not a Decree ( The definition of order specifically excludes the decree
from it ambit)

Classes of Order
1. Final Order
2. Interlocutory order
Judgment 2(9)
Judgment means the statement given by the judge of the grounds of a
decree or order.
Ingredients of Judgment:
1. Statement given by the judge
2. Need to be in writing
3. Grounds of a decree or order
Decree 2(2)
Decree means

A Formal expression of the adjudication by the court expressing it,


conclusively determines the rights of the parties with regard to all or any of
matter in controversy in the suit and may be either preliminary or final.
Essentials of Decree
1.
2.
3.
4.
5.
6.

Adjudication ( Means a judicial determination of matter in controversy)


Given in suit
Determination of rights of parties
Regarding all or any of matter in controversy
Conclusive
Formally expressed

Kinds of Decree
1. Declaratory Decree ( a decree not capable of execution)
2. Executory Decree ( A decree which can be executed and enforce by
the court
Classes of Decree
1. Preliminary Decree (Determines rights and obligations of parties
leaving further matter to be considered)
2. Final Decree ( A fine decree is one which completely disposes of the
suit)
3. Partly Preliminary and partly Final Decree
Difference between Order & Decree
1. As to Nature ( Every decree is an order but every order is not a
decree)
2. Appeal ( Appeal lies to every decree but order are appealable only if
provided with section 104 read with order 43)
3. As to Second Appeal ( Second appeal may lie against decree, but a
second appeal shall not lie against an order passed in appeal
4. Determination of Rights (Decree conclusively determines the rights
but order does not necessarily conclusively determines the rights.
5. Classes ( Decree has five classes and order may be final or
interlocutory
6. Emergence ( Decree cannot be emerged into an order but every order
in a case merge into a decree)
Jurisdiction of the Courts:

The issue of jurisdiction is the ever expanding question of jurisprudence. The


concept of jurisdiction is very important in law, because the courts get the
power and authority to inquire into facts and apply the law and pronounce
judgment only if it has the jurisdiction to entertain suits.
Section 9 of C.P.C
Jurisdiction:
A legal authority to administer justice in accordance with means provided by
law and subject to the limitations imposed by law.

Kinds of Jurisdiction of the Civil Courts


1.
2.
3.
4.
5.

Pecuniary Jurisdiction
Subject matter Jurisdiction
Territorial Jurisdiction
Personal jurisdiction of courts
Appellate jurisdiction of the courts

Rational Basis of Section 9


UBI JES IBI REMEDIUM
Determination of Jurisdiction
U/S 151, civil courts have inherent power to decide the question of their own
jurisdiction
Bars on Jurisdiction of Civil Courts
1. Absolute bars
2. Conditional Bars
3. Specific Bars
Absolute Bar
1.
2.
3.
4.
5.

Res Judice u/s 10


Res Judicata u/s 11
Questions to be determined by the court executing Decree u/s 47
Restitution u/s 144
Withdrawal of suit or abandonment of part of claim

Conditional Bars

1. Suit by Alien u/s 83


2. Suit by Foreign States u/s 84
Suits of which cognizance is expressly or Impliedly Barred
Express Bars
1. Criminal Matters
2. Revenue Matters
3. Family matters
Implied Bars
1. Acts of State
2. Public policy
3. Special Tribunals
Pecuniary Jurisdiction
Civil courts have jurisdiction to try all suits of civil nature, unless their
jurisdiction is either expressly or impliedly barred, one of the limitation upon
the jurisdiction of the civil courts is imposed by the section 6 and 15 of C.P.C
with reference to the value of the subject matter of the suit.
Section 6 and 15 of C.P.C
Meaning of Pecuniary Jurisdiction:
Jurisdiction of the court with reference to the value of the subject matter of
the suit
Basis of Pecuniary jurisdiction
It is determined on the basis of the value of the relief claimed.
Pecuniary Jurisdiction of Civil Courts
1. Jurisdiction of Civil Judge Ist Class
He can exercise jurisdiction in original suits or proceedings without limit as
regard to value
2. Jurisdiction of Civil judge 2nd Class
Jurisdiction of civil judge of 2nd class is limited up to 50,000/-

3. Jurisdiction of Civil Judge 3rd Class


Up to 20,000/Suits against Federation, Provinces and Public Officers
Suits against federation, provinces, and public officers can only be
entertained by court of unlimited pecuniary jurisdiction.
Courts in which Suit is to be instituted u/s 15
Every suit shall be instituted in the court of the lowest grade competent to
try it.
1-Section 15 Enacts a Rule of Procedure
2-Object of Section 15
3-To prevent overcrowding of suits in the courts of higher grades
4-Court competent to try suit
Res Sub Judice:
Res sub-judice Subjudice in latin means 'under judgment'. It denotes that a matter or case is
being considered by court or judge. when two or more cases are filed between the same parties
on the same subject matter, the competent court has power to stay proceeding.
Principle of Doctrine of Res Sub Judice
It prohibits the two parallel litigations in respect of same cause of action and same subject
matter between the same parties.
Relevant section 10 of C.P.C
Stay of Proceedings of subsequent suit u/s 10
When a principle of res sub Judice applies, the proceedings of the subsequent suit shall be
stayed.
Conditions for Applicability of Section 10
12345-

Same Matter in Issue


Same Parties
Same Title
Previous suit must be pending
Competency of Court ( applies only if previous suit is pending in same court or any other
court)

When Conditions for Applicability of Section 10 fulfilled:


When the requisite conditions for applicability of section 10 are fulfilled it becomes mandatory
for the court to stay proceedings of the subsequent suit filed.

Res Judicata
Res judicata is a Latin term meaning "a thing decided". It gives respect and finality to the
judicial decisions.

Relevant Section 11 of CPC


Reasons for Res Judicata
1234-

Public Convenience
Maintenance of Society
Secure of Rights
Efficiency of the Courts

Conditions for Applicability of Section 11


123456-

Same matter in issue


Matter in both suits must be directly and substantially same
Same parties
Same title
Former suit must be decided
Competency of the court.

When Conditions for Applicability of Section 11 fulfilled:


It bars the jurisdiction of a court to try a subsequent suit when its conditions are fulfilled.
On Whom Res Judicata Applies:
1- Parties on opposite sides
2- Parties on the same sides
Constructive Res Judicata
Difference between section 10 & 11

1-As to Previous Suit


2-As to Issue (Section 10 all issues must be same in both cases)
3-As to kinds ( No concept of constructive res subjudice in section 10)

4-Defence ( cant be taken in written in section 10)


5-Effect ( Section 10 stays the proceedings of the suit and section 11 bars
the jurisdiction)
6-Scope Section applies only to suits and Section 11 applies both issues and
suits