Author: toahostinger

What is a Foreign Judgment? A foreign judgment is defined in Section 2(6) of CPC as: “A judgment of a foreign court.” A foreign court (Section 2(5)) is any court situated outside India and not established by the Indian government. Key Provisions of CPC on Foreign Judgments Section Subject Section 13 When a foreign judgment is conclusive in India Section 14 Presumption as to the competency of the foreign court When is a Foreign Judgment Conclusive? (Section 13) A foreign judgment is conclusive and enforceable in India, unless it falls under any of these six exceptions: Ground of Inconclusiveness Explanation (a) Not pronounced by a competent court The foreign court must have jurisdiction (b) Not given on the merits of the case It must not be an ex parte or technical dismissal (c) Appears to be founded on a wrong view of Indian law Must not violate Indian legal principles (d) Opposed to natural justice Judgment must follow fair procedure (e) Obtained by fraud If fraud is proven, judgment becomes invalid (f) Sustains a claim based on a breach of Indian law Must not enforce an illegal or immoral act under Indian law Presumption Under Section 14 Indian courts will presume that the foreign judgment was pronounced by a competent court, unless disproved. This means the burden to challenge the jurisdiction lies on the party opposing the judgment. Enforcement of Foreign Judgment in India There are two ways to enforce a foreign judgment in India: 1. By Filing a Suit (General Rule) File a civil suit in India based on the foreign judgment. The court will check if it meets Section 13 requirements. 2. Execution (Under Section 44A) If the judgment is from a “reciprocating territory”, it can be directly executed in India like a local decree. Countries like UK, Singapore, Bangladesh, UAE, etc. are notified as reciprocating territories. Example A UK court awards ₹10 lakh to A against B. B owns property in India. Since UK is a reciprocating territory, A can directly execute the UK decree in an Indian District Court under Section 44A. Important Case Law R. Viswanathan v. Rukn-ul-Mulk (1963) Explained that a foreign judgment can be challenged in India if it falls under Section 13 exceptions. Satya v. Teja Singh (1975) A U.S. divorce decree was held invalid in India as it was obtained by misrepresentation and fraud. Conclusion Foreign judgments are enforceable in India, but only if they meet certain conditions under Section 13. Courts ensure that such judgments do not violate Indian laws, public policy, or principles of natural justice. This ensures a balance between international comity and domestic fairness.

What is Order II Rule 2? Order II Rule 2 of CPC deals with the principle of splitting claims, and aims to prevent multiple suits based on the same cause of action. It requires that a plaintiff must include the whole of the claim arising from a single cause of action in one suit. If any part of the claim is intentionally omitted, it cannot be claimed in a later suit. Text of the Rule (Simplified) When a person sues based on a cause of action, they must claim all reliefs to which they are entitled.If they omit or relinquish part of the claim without court’s permission, they cannot sue later for the omitted part. Purpose of Order II Rule 2 Avoid piecemeal litigation Prevent harassment to the defendant Promote judicial economy Ensure finality of litigation Key Ingredients of Order II Rule 2 For the rule to apply, the following must be present: Ingredient Meaning Same cause of action Both suits arise from the same set of facts Relief claimable was omitted Plaintiff intentionally left out part of the relief Omission was without permission Court did not permit plaintiff to file for part of claim later Illustration If A lends ₹1,00,000 to B in one transaction, and B fails to repay: A files a suit for only ₹50,000. Later, A files another suit for the remaining ₹50,000. ❌ Not allowed under Order II Rule 2 (unless leave of court was taken in the first suit), because both amounts arise from the same cause of action. Exception If the plaintiff gets permission from the court to reserve some relief for a future suit, then later suits are allowed. Relation to Res Judicata Though Res Judicata (Section 11) bars re-litigation of issues already decided, Order II Rule 2 bars raising issues that were not even claimed but should have been. Important Case Law Deva Ram v. Ishwar Chand (1995) Rule applies only when the second suit arises from the same cause of action. Satyadhyan Ghosal v. Deorajin Debi (1960) Plaintiff must include all claims from a cause of action in one suit. Practical Tip for Students When advising on drafting a plaint, make sure: All reliefs arising from one cause of action are included. If you wish to exclude any relief for now, get court’s permission to file it later. Conclusion Order II Rule 2 CPC is crucial to avoid repeated suits on the same cause, and promotes judicial efficiency and fairness. It imposes a duty on the plaintiff to bring the entire claim at once—not in parts—unless explicitly allowed by the court.

What is Res Sub Judice? The Latin term “Res Sub Judice” means “a matter that is under judicial consideration”. In legal terms, Section 10 CPC prevents a second civil suit from being filed on the same matter between the same parties, when a previous suit is already pending before a competent court. Legal Provision: Section 10 CPC “No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit… between the same parties… in a court competent to try the subsequent suit.” Objective of Section 10 Avoid conflicting judgments Prevent multiplicity of suits Ensure judicial economy and consistency Conditions for Application of Res Sub Judice For Section 10 to apply, all of the following must be satisfied: Condition Explanation 1. Two suits must be filed One previously, one subsequently 2. Matter in issue must be the same Directly and substantially the same in both 3. Between same parties (or their successors) Both suits involve identical parties 4. First suit must be pending In a court with competent jurisdiction 5. Court must be competent To try and decide the second suit Important Notes Section 10 does not bar filing of the second suit — it bars trial of the second suit. It applies only to civil suits, not to criminal or writ proceedings. Interim relief may still be granted in the second suit while trial is stayed. Example of Res Sub Judice Suit A: Filed in Delhi by A against B for ownership of a house. Suit B: Later filed in Mumbai by B against A on the same issue of ownership. ✅ Since the same matter is involved and parties are same, the second suit (Suit B) will be stayed under Section 10 CPC. Difference: Res Sub Judice vs Res Judicata Feature Res Sub Judice (Section 10) Res Judicata (Section 11) Meaning Case is pending in another court Case has been already decided Stage Applies during pendency of earlier suit Applies after decision in earlier suit Effect Second suit is stayed Second suit is barred Important Case Law Indian Bank v. Maharashtra State Coop. Marketing Federation (1998) Held that Section 10 is mandatory when conditions are satisfied. Aspi Jal v. Khushroo Rustom Dadyburjor (2013) Reiterated that even if interim orders are sought, the trial must be stayed if Section 10 applies. Conclusion Section 10 CPC plays a crucial role in streamlining litigation. It avoids duplicity, conflicting outcomes, and ensures judicial discipline. Law students must carefully remember its conditions and its difference from Res Judicata under Section 11.

Legal Provision: Section 9 of the CPC “The courts shall (subject to provisions herein) have jurisdiction to try all suits of a civil nature except those which are expressly or impliedly barred.” What is a ‘Suit of Civil Nature’? A “suit of civil nature” refers to a legal dispute involving the private rights and obligations of individuals, where the primary remedy is civil—such as compensation, declaration, injunction, possession, etc. It excludes matters of criminal, revenue, or political nature, but it may still include religious or caste-related rights if they involve civil consequences. Key Features of Civil Nature Suits Feature Description Involves civil rights Relates to property, contracts, reputation, family rights, etc. Parties are private persons Typically between individuals or legal entities Relief sought Compensation, injunction, declaration, or possession Includes religious rights If civil consequences are involved (e.g., right to worship) Explanation Clauses to Section 9 The CPC adds two explanations to clarify the meaning of civil nature: Explanation I: A suit in which the right to property or office is contested is a suit of a civil nature even if it depends entirely on religious rights. Explanation II: A suit involving the right to worship or to take part in a religious ceremony is also a suit of a civil nature. ✅ Therefore, religious disputes can be civil if they affect personal rights. Examples of Suits of Civil Nature Included (Civil Nature) Excluded (Not Civil Nature) Disputes over property or land Criminal complaints (theft, assault, etc.) Recovery of money under contract Offences under IPC or CrPC Injunction against illegal construction Disputes purely about rituals with no legal right Right to manage a religious institution Political disputes or election petitions Declaration of right to perform temple duties Administrative orders of government When is a Suit Barred? Even if a case is civil in nature, Section 9 will not apply if: The suit is expressly barred by another law (e.g., special tribunals) The bar is implied, meaning the subject matter is handled exclusively by another authority Example: A land acquisition dispute must go to a Land Acquisition Tribunal, not a civil court. Important Case Law  P.M.A. Metropolitan v. M.M. Marthoma (1995) Held that suits involving religious office with civil consequences are of civil nature and maintainable under Section 9.  Ramesh Chand Ardawatiya v. Anil Panjwani (2003) Confirmed that civil courts have wide jurisdiction, unless specifically excluded. Conclusion Section 9 CPC affirms the broad authority of civil courts to handle almost all private disputes unless a specific law removes that power. Students must remember: The test is whether the dispute affects civil rights Religious or ceremonial issues are not excluded, as long as civil consequences are involved

What Does “Transfer of Case” Mean? The transfer of a case means moving a legal proceeding from one court to another. This can be done to ensure justice, convenience of parties, or due to lack of jurisdiction. The CPC provides specific provisions for such transfers. Legal Provisions for Transfer The transfer of civil cases is primarily governed by: Provision Authority Power To Transfer Section 22 Plaintiff (on defendant’s application) Transfer of suit to another competent court Section 23 High Court / District Court Authority depends on where the courts are located Section 24 High Court or District Court (suo motu or on application) General power to transfer or withdraw any suit Section 25 Supreme Court Transfer from one state’s court to another state’s court Who Can Apply for Transfer? Any party to the suit Court itself (suo motu in some cases) Higher courts when it’s in the interest of justice Grounds for Transfer of Cases Transfer is not automatic. Courts consider the following grounds: Convenience of parties or witnesses Possibility of impartial trial Risk to life, property, or safety Interest of justice Bias or apprehension of bias from the presiding judge Important Differences: Section 24 vs Section 25 Feature Section 24 Section 25 Who Can Transfer High Court or District Court Supreme Court Scope Within the same state Between different states Mode Suo motu or on application Only on application Purpose Administrative & Judicial Exceptional and judicial Illustration A suit filed in District Court, Kanpur may be transferred to District Court, Lucknow if: Key witnesses are in Lucknow Defendant resides in Lucknow Court finds it just and convenient. However, if the case is to be moved from Uttar Pradesh to Maharashtra, only the Supreme Court under Section 25 can authorize that.  

What is Jurisdiction? In civil law, jurisdiction refers to the authority of a court to hear and decide a case. Without proper jurisdiction, any order or judgment passed by a court is null and void. Types of Jurisdiction under CPC CPC classifies jurisdiction into five main types: 1. Subject-Matter Jurisdiction Refers to a court’s authority to hear cases of a specific type. Example: A Rent Controller cannot decide a divorce case. 2. Pecuniary Jurisdiction Based on the monetary value of the claim. CPC allows different courts to handle different value ranges. Example: A suit of ₹50,000 may go to a Junior Civil Judge, while one of ₹20 lakh goes to a District Judge. 3. Territorial Jurisdiction Refers to the court’s power over geographical area. Depends on where the defendant resides or where the cause of action arose. 4. Original and Appellate Jurisdiction Original: Where a case is first filed. Appellate: Where decisions of lower courts are appealed. 5. Exclusive and Concurrent Jurisdiction Exclusive: Only a specific court can hear the case. Concurrent: More than one court has the authority. Relevant Legal Provisions Section / Order Jurisdiction Type Description Section 9 General Jurisdiction Civil courts can try all suits unless barred Section 15–20 Territorial & Pecuniary Where suits to be filed (place & court level) Section 21 Objections to Jurisdiction Must be raised at the earliest stage Order 7 Rule 10 Return of Plaint If court lacks jurisdiction, plaint is returned Key Principles to Decide Jurisdiction Valuation of Suit – Courts follow valuation as mentioned in the plaint. Cause of Action – The place where the cause of action arose is important. Defendant’s Residence – Suit can often be filed where the defendant resides. Example to Understand Let’s say: A person living in Delhi sells goods worth ₹5 lakh to someone in Mumbai. The payment was not made, and the buyer resides in Mumbai. Where to file? Since the cause of action partly arose in Delhi and partly in Mumbai, the suit can be filed in either Delhi or Mumbai, provided pecuniary limits are met.

In civil law under the Code of Civil Procedure (CPC), 1908, two important terms often encountered are “Suit” and “Plaint”. Although related, they are not the same. 1. What is a Suit? A Suit is the formal legal proceeding instituted by a person (plaintiff) against another (defendant) in a civil court to enforce a legal right or seek a legal remedy. ➤ Legal Basis: Defined in Section 9 of CPC – every civil court has jurisdiction to try all suits of civil nature unless barred. ➤ Examples of Civil Suits: Suit for recovery of money Suit for possession of property Suit for specific performance 2. What is a Plaint? A Plaint is the written document (petition or complaint) filed by the plaintiff that initiates a civil suit. It contains: The facts of the case The cause of action Reliefs claimed ➤ Legal Basis: Defined under Order 7 of CPC. Comparison Chart: Suit vs. Plaint Feature Suit Plaint Meaning A legal action filed in a court for enforcement of rights The written document that initiates the suit Legal Provision Section 9, CPC Order 7, CPC Initiated By Plaintiff by filing a plaint Drafted and submitted by plaintiff Purpose To obtain a legal remedy To present facts and reliefs sought in the suit Stage Begins after plaint is filed Filed at the beginning to start the suit Example Suit for breach of contract Plaint explaining the breach and claiming damages Includes Plaint, written statement, evidence, arguments, judgment Just the initial complaint   Conclusion The plaint is just the starting point of a civil action. The suit is the entire legal process that follows from filing that plaint. Every suit begins with a plaint, but not every plaint may mature into a full suit (if rejected).

What is the CPC? The Code of Civil Procedure (CPC), 1908 is a procedural law that governs the process of civil litigation in India. It provides a systematic framework for the courts to deal with civil cases, including how suits are filed, tried, and adjudicated. It does not define civil rights or liabilities but tells how to enforce them through courts. When and by Whom Was It Enacted? Aspect Details Name of the Law Code of Civil Procedure, 1908 Enacted By British Parliament (during British rule) Drafted By Committee chaired by Sir Earle Richards Date of Enactment 21 March 1908 Date of Commencement 1 January 1909 Applicable To Entire India (except J&K earlier; now applies post abrogation of Article 370) Why Was It Introduced? Before 1908, there were multiple procedural laws for civil matters in different regions of India, leading to confusion and inconsistency. The CPC was introduced to: Create uniformity in civil court procedures. Ensure fairness and transparency. Avoid delays by setting fixed steps and timelines. Provide guidance to both litigants and the judiciary. Major Amendments Over Time Although enacted in 1908, the CPC has been amended several times to keep pace with the needs of society and judicial reforms. Some major amendments occurred in: 1976 – Introduced key reforms to reduce delays. 1999 & 2002 – Focused on streamlining procedures and improving efficiency. Recent Developments – Adaptation to e-filing, video conferencing, and ADR (Alternative Dispute Resolution)mechanisms. Structure of CPC The CPC is divided into two parts: Part Content Part I Sections 1 to 158 – Basic principles and general rules Part II First Schedule (Orders & Rules) – Practical procedure (like how summons are issued, how evidence is taken, etc.) There are 51 Orders and 158 Sections that guide the actual court process. Conclusion The CPC, 1908 is a cornerstone of Indian civil justice. While it has colonial roots, its enduring relevance comes from its systematic approach to civil litigation. It balances procedural fairness with judicial efficiency, making it a vital subject for law students and practitioners alike.