Beruflich Dokumente
Kultur Dokumente
??????
SUITS
May relate to
Movable immovable
• Competency means….
• Jurisdiction …...
• Pecuniary …& Territorial….
• Basing on suit value …. pecuniary
Sec.15
Lowest Competent Grade……
Competent……..
Having jurisdiction……
…………to try……
…..also indicates……
Pecuniary jurisdiction
Territorial
Jurisdiction
Immovable Movable
Compensation Other suits
Property Property
for wrong (Sec. 20)
(Sec. 16 – 18) (Sec.19)
For
partition……
For Sale/
recovery….. foreclosure….
Specific Mesne
performance…. profit…..
Acc…. to Sec.16
Action against res…../Property…….
Shall be brought ……
Where res……
Situated………
defendant resides,
the suit may be instituted ……..at the option of the plaintiff …..
Sec. 20….
• Where……..defendant…..
• or carries on business,
ofor declaration,
o specific performance of the agreement,
o for possession of the property
oand for permanent injunction.
Cont.....
....... If the court had no jurisdiction,
parties by consent cannot confer
jurisdiction on it.
Section 16 thus recognizes ...
a well established principle
that actions against res or property should be brought in
the forum where such res is situate.
A court within whose territorial jurisdiction the property is
not situate has no power to deal with and decide the rights
or interests in such property
Cont.....
New Moga Transport Company,
Vs.
United India Insurance Co. Ltd. and Ors
A I R 2004 S C 2154
Facts.....
• On account of a fire
• which took place allegedly due to electric short- circuiting
• there was destruction of whole of the materials.
Cont....
• High Court.....
• clearly over-looked
• the fact that the parties by an agreement have fixed a
particular Court .... has the jurisdiction.
• Without any plausible reason or basis
• the High court upset the decision of the first Appellate
Court.
Undisputedly......
• there is clear exclusion of the Courts other than the chosen one and,
• therefore, the suit could not have been entertained at any other
place.
Res.....plea....
• In that event, the Court within whose jurisdiction the sole or principal
office of the company is situate will also have jurisdiction
• inasmuch as even if the defendant may not actually be carrying on
business at that place, it will be deemed to carry on business at that
place because of the fiction created by the Explanation.
Cont…
• "in respect of any cause of action arising at any place where it has
also a subordinate office".
• Above being the factual and legal position, the inevitable conclusion
is that the High Curt was not justified in upsetting the order of First
Appellate Court. It is not a case where the chosen Court did not have
jurisdiction.
FINALLY,......
• Accordingly, .....set aside the judgment of the High Court and restore
that of the first Appellate Court.
......
• The Court at Barnala shall return the plaint to the plaintiff with
appropriate endorsement
• under its seal
• which shall present it within a period of four weeks from the date of
such endorsement of return before the proper Court at Udaipur.
Case-law
Union of India
Vs
Oswal Wollen Mills Ltd.
AIR 1984 SC 1264
Facts…
Patel Roadways Limited, Bombay
vs
Prasad Trading Company
1991 SCR (3) 391
Issue
Appellant
………. carries on the business of a carrier and transports
goods on hire.
It has its principal office at Bombay
and branch offices at various other places like…Tamilnadu,
Madras etc…
Cont….
Respondent…..
is a dealer in cardamom
entrusted a consignment of 851 kilograms of
cardamom to the appellant
at its subordinate office at Bodinayakanur in Tamil
Nadu
…..to be delivered at Delhi.
Cont….
• It is true that, normally, under clauses (a) to (c), the plaintiff has a choice
of forum and
• and can file a suit at a place where the cause of action arises.
Finally..
OBJECTIONS
TO
JURISDICTION
Objection as to…..
• Fundamental rule….
• Decree of a court without jurisdiction…..
• Nullity ……
• Sec. 21 … protect honest litigants & avoid
harassment
Cont…
Mantoo sarkar
Vs
Oriental Insurance company ltd
(2009) 2 SCC 244
??????
• it was held that Motor Accident Claims Tribunal, Nainital had no
territorial jurisdiction to entertain the said claim petition.
S.C……
• entertain an appeal
• The High Court, while exercising its appellate power, would follow the
provisions contained in the Code of Civil Procedure or akin thereto.
Cont…
• to pose unto itself the right question, viz., whether the respondent
has been able to show sufferance of any prejudice
Cont…
Nandini Chatarjee
V.
Arup Hari Chatarjee
AIR 2001 Cal 26
Cont...
• Prl. explained.......
OF
PROCEEDINGS
Sections 22 to 25
• ……..enact law
• as regards transfer
• and withdrawal of suits, appeals
• and other proceedings from one Court to another Court.
Section 22
Kulwinder Kaur
V
Kandi Friends education trust
(2008)3 SCC 659
Court held...
Anjali Ashok Sadwani
V
Ashok Kishin Chand Sadwani
AIR 2009 SC1374
Ground...
• ....for transfer
• Wife has no one in her family to escort her to undertake a long
journey
• Has been held to be a good ground
Paramount Consideration...... Justice
Transfer Allowed Transfer not Allowed
1. Reasonable Apprehension • Opposite party influenced in
2. To Avoid multiplicity of locality
proceedings • Court is situate at long distance
3. Where Judge in one party • Refusal to grant adjournment
Interested • Presiding Officer belongs to rival
community
4. Res-subjudice
5. Avoids delay & unnecessary
expenses
SUMMONS……
• A summon is……
• A document issued from an office of a court of
justice
• Calling upon the person… attend before court…
for certain purpose
• Written Order… legally obligates someone…
a specified date
Cont…
• Summons
• Defendant
• Witness
• Defendant
• In Person
• By Pleader
• Accompanied by someone
Mode Of Service
• When the defendants were not being served with the ordinary mode
of service,
• the plaintiff can sought permission to serve them with the
substituted service by way of
publication under Order V Rule 20
Allowed or not?
......
• CPC
• was amended in 2002
• which included electronic means of serving summons in Rule 9 and
9A.
• Order V Rule 9
• includes transmission of summons through electronic media
(2014) 5 SCC 590.
Indian Bank Association & Ors
V
Union Of India & Anr
Facts ....
in disposing of the cases
Cont....
• …… in various Courts,
• the statistical data indicates that,
• on account of delay in process serving arrears keep on mounting.
• In Delhi itself, the input indicates that fifty per cent of the arrears in
Courts particularly in commercial cases is on account of delay in
process serving.
Directions….
• The Registry will also send Notice at the E-Mail address of the
advocate(s) for respondent(s) Companies/Corporation(s), who have
filed caveat.
• Advocate(s) on-record filing caveat shall provide his/her E-Mail
address for effecting service; and
Cont…
Section 26(2)
Section 39 (4)
Section 80,
• Whether requirement of filing affidavit is illegal and unnecessary in
view of existing requirement of verification of pleadings?
“No”
……
• Will of Legislature cannot be defeated on ground that Court would
be deprived of watching demeanor of witness?
“Discretion to declare witness hostile not conferred on
Commissioner”.
……
• Deletion of Rule 17A does not disentitle production of evidence at
later stage
Court may permit leading of additional evidence at later stage on
such terms as may appear to be just.
…..
• Whether Court has power or jurisdiction to extend period beyond
90 days?
"yes“
Provision providing for maximum period of 90 days is not mandatory
but only directory.
…..
• Whether further adjournment beyond three can be granted in
circumstances beyond control of party?
"yes"
…..
"no”
......
• Service of notice through Whatsapp and Email –
• Held:
• The plaintiffs are permitted to serve the defendant No.9 Ashok
Kumar Agarwal by text message as well as through Whatsapp as
well as by email and to file affidavit of service.
PLEADINGS
Pleadings
Pleadings
Material Facts
Material Facts Specific Clear Requisite Data
Only Specific Clear Requisite Data
Only
• Formal document
• Pleadings…….
means.......
Plaint or written statement
Object......ascertain real dispute......between
parties
Narrow down area of conflict
Make aware of questions to be argued
Purpose
• Provide a guide ……
• ……..for the proper mode of trial
• …….. demonstrate upon which party the burden of proof lies
• ……….who has the right to open the case
Cont….
Suit…..damages…..
………..breach of contract date
…for specific performance……
…. is ready & willing to perform
Admission of …….
Where there is no
…territorial or pecuniary ….jurisdiction
With regard to the subject matter…..
….will be returned…….
…may present ….proper court
Return…..endorse..
Date of presentation……………..
Date of return…………………….
Name of the party…………….
Reasons for returning it……
Rejection…….
o ….barred by time
o Fails to pay ……court fee ….within time
o Does not disclose the cause of action
o Relief claimed under valued….
o Where plff... fails to comply the provisions of Rule.9……
o Non-compliance with statutory provisions…
Cont….
Rejected plaint….
Case-law
• It is therefore, ...
• clear that in order to be entitled to a decree of eviction against the
tenant
• …….on the ground of unlawful sub-letting an averment in the Plaint is
must that the tenant has unlawfully sub-let the suit premises.
• It is clear from the allegation in the plaint that the plaintiffs were not
treating any of the named defendants as their tenants.
Cont......
• .......the Tenant of the plaintiffs viz. Ms. Shanta had expired before
institution of the suit.
• Therefore, there is no question of the plaintiffs being in a position to
make a statement
• that the tenant inducted 3rd parties ....as unlawful subtenant.
Order of H.C.....
• In these circumstances,
• a decree of eviction could not have been passed against the
petitioner ....
• because averments necessary for passing a decree itself were absent in
the Plaint.
• both the courts below have committed grave error of law in overlooking
these aspects of the matter which were crucial for deciding the
controversy in the matter.
Sc observed...
• The said Miss Shanta B. Sabnis died some time ago leaving behind
her mother as the heir and legal representative.
• It admits of no doubt that appellants have clearly recognised Ms.
Shanta Sabnis as their tenant in respect of the suit premises.
• Admission of..........subletting to the 3rd party,
Cont.....
Bachhaj Nahar
Vs.
Nilima Mandal and Anr.
AIR 2009 SC 1103
Ratio ......
• for declaration......
• possession ....
• and injunction.....
Facts.....
• The first appellate court held that the plaintiffs had failed to prove……….
• ………. therefore allowed the appeal
Before…..H.C……..
which does not flow from the facts and the cause of action
alleged in the plaint.
• that each side is fully alive to the questions that are likely to be
raised or considered
Ordinarily signifying...
Simply.....
.....pleading of defendant
Cont...
• If.......relies.....upon....Set-off defence
• .......should be separately......stated
• .....meaning of set-off......?????
Set-off....
Set off
Equitable
Legal set off
set off
Legal.....................Equitable
Kailash vs Nanhku
AIR 2005 SC 2441
Facts....
.....Elections of Uttar Pradesh Legislative Council were
held pursuant to the Presidential notification dated
7.11.2003.
The appellant was declared elected.
Issue......
Charanlal Sahu
v.
Giani Zail Singh
AIR 1984 SC 309
Cont…
Revateeju builders & Developers
Vs
Narayanaswamy & sons
(2009)10 SCC 814
Plff…..filed……
vacate and deliver to the plaintiff,
………vacant and peaceful possession of the building within
30 days; and
• nor to change,
A small change…
Means.....point in question
......subject of debate
Sopan Sukhdeo Sable and Ors.
Vs
Assistant Charity Commissioner and
Ors.
AIR 2004 SC 1801
Claim……plff…..
The appeal dismissed & trial court order confirmed
The matter was carried in Second Appeal
.....further submitted.....
in any event the District Court was the only Court
having jurisdiction
and not the Court where the suit was filed.
This aspect does not appear to have been
specifically urged before the Courts below
Order VII Rule 11: Rejection of
plaint.......
Kuldeep Singh
Vs
Ganpat Lal
AIR 1996 SC 729
Cont…
3. Jurisdiction
Pecuniary – Value of suit
Territorial – Subject-matter
4. Limitation
Plaintiff should show the ground of exemption
***********
THE E ND