Important
Matters &
Aspects involved
in Civil
Proceedings
Proceedings in Superior Courts
Appeal,
Reference,
Review &
Revision (Parts
VII & VIII C.P.C.)
Appeals (Part VII)
From
Original
Decrees
(S.96):Appeal lies from:o Original
Decrees (including)
Ex-parte Decree,
o But
not from consent
Decrees;
Powers of Appellate Court
(S.107)
 To determine case finally;
 To remand a case;
 To Frame Issues & refer for trial;
 To Take or require to take
additional evidence;
 Appeal is treated as a
continuation of the suit

Appeals From Orders (S. 104)


Orders generally cannot be
appealed against, excepting
the Appealable ones;
But no second appeal from
Appealable Orders;
Review & Revision

•

Review:- Of Judgement in the same
Court, within 30 days (S. 114 & O.
O.XLVII);
Normally introduction of new matter
/ evidence not allowed;
Revision:- Before Superior Court
within 90 days on jurisdictional
irregularity (Ss. 115 & 115A);
Suits by & against
Minors / Persons
of unsound mind
(O. XXXII C.P.C.)
Suits by/ against minors-I


Minor – Person not having
attained majority in terms
of S. 3 of Indian Majority
Act;
To sue by next friend – if
plaintiff (R.1);
Defending Minor in a Suit




Minor to be defended in a suit
by a Guardian (R.3) :Court to appoint Guardian;
Guardian to have no interest
adverse to minor;
Any person may be appointed
Guardian by Court if there is no
declared Guardian or other
natural Guardian for minor ;
Suits by & against Persons
of unsound mind

All the above provisions
pertaining to minors
apply almost exactly to
persons of unsound
mind (R. 15);
Interlocutory
Matters &
Injunctions
(O. XXXIX C.P.C.)
Interlocutory orders: Broad scope - any reasoned
order on a party’s petition;
 Narrow
perspective - peculiar
to interim relief / temporary
injunction;
Injunctions
Scope of order
 Directing any party to do an act “Mandatory” - comparatively
uncommon;

Restraining a party from doing any act
- “ Prohibitory /Preventive” - most
common & frequent;
Necessary ingredients for
granting a Temporary injunction
1.Prima facie case;
2.Balance of
convenience;
3.Irreparable loss and
injury;
Consequences of Disobedience / Breach
of Temporary Injunctions (R.2A)
o
Disobedience or breach in the nature of a
“Civil Contempt”;

Detention in civil prison up to 3 months;

Attachment of property up to 1 year after which if
disobedience / breach continues, it may be sold ;

Court otherwise can also enforce its injunction
order by any other means;
Commissions
Commissions & “ Commissioners”

o
o
Commissioners - Officers appointed by
Court to perform certain specialized tasks;
Tasks performed mainly outside of
Court;
Commissioners generally appointed
from:i) Lawyers, or
ii) Others with specialized skills;
Issuance of Commissions-I (O. XXVI)
Commissions Issued for various purposes,
such as: Examination of witnesses (R.1);
 Local investigation (R.9);
 Scientific investigations (R. 10 A);
 Ministerial Acts (R. 10 B);
 Sale of movable properties (R. 10 C);
 Examining or adjusting accounts (R.
11);
 Partition of immovable properties (R.
13);
Issuance of Commissions-II
•Commissions
also
issued under O.
XXXIX R. 7 CPC
for inspection of
property;
Issuance of Commissions-III
o U / O. XXXIX the appointed
commissioners can: Enter upon any property in
possession of any party to suit;
 Take any samples;
 Make observations or
experiments for obtaining full
information / evidence;
EXECUTION
Execution Scheme
under the Code
Decrees and
Orders are
“Enforced /
implemented”
through execution
Substantive
Law - Part II
(Ss.36 to 74);
Procedural
Aspect - O.
XXI
Powers of Court to enforce
Execution (S. 51)
Means of Execution:a. Delivery of property specifically decreed;
b. Attachment & sale / sale without
attachment;
c. Arrest and detention in prison ;
d. By appointment of receiver;
e. In any other manner as the nature of relief
granted may require;
Arrest & Detention (S. 55 )
Judgement debtor may be arrested in
execution of decree at any hour on any
day (subject to compliance of
prescribed formalities);
To be brought before Court as soon as
practicable;
Women exempted from arrest /
detention in execution for payment of
money (S. 56);
Arrest and Detention- II
Period of detention (S. 58):Up to 3 months if value of decree
exceeds Rs. 5,000/-;
Up to 6 weeks if value exceeds Rs.
2,000/-;
No detention if decretal amount is
below Rs. 2,000/- [S.58 (1A)];
Attachment
Concept of “Attachment”
envisages taking over the
properties / assets of
judgment debtor to satisfy
decree;