Section 26: Institution of suits

The Code of Civil Procedure, 1908 (CPC) covers a wide range of civil suits. It provides the procedural framework for resolving various civil disputes and claims. The Nature of Suits covered under the CPC includes, but is not limited to, the following: Money Recovery Suits: These suits involve...

Concept of Res-sub-judice The concept of res sub judice, meaning "a matter under judgment," is a legal doctrine that prevents the simultaneous litigation of two identical or substantially similar cases in different courts. It ensures that once a matter is under the consideration of a competent court, other...

Concept of Res Judicata The concept of res judicata, meaning "a matter adjudicated," is a legal doctrine that prevents the re-litigation of a case that has already been finally decided by a competent court. It ensures the finality and conclusiveness of judicial decisions, promoting stability and preventing parties...

Under the Code of Civil Procedure (CPC), the concept of restitution refers to the restoration or compensation for any loss suffered by a party as a result of a court's decree or order. The CPC recognizes the importance of providing relief and restoring parties to their original...

The concept of inherent power of the court refers to the authority vested in the court to make necessary orders and take appropriate actions in the interest of justice, even if such powers are not specifically provided for in the law or procedural rules. These inherent powers...

Execution of Judgments Application for Execution: The party seeking to execute a judgment needs to file an application for execution in the court that delivered the judgment. The application should contain details of the judgment, the relief sought, and the grounds for execution. Modes of Execution: The court has...

In the legal context, pleading refers to the formal written statements filed by the parties involved in a lawsuit to present their respective claims, defenses, and allegations before a court. The primary purpose of pleading is to provide a clear and concise outline of the issues in...

The general rules of pleading govern the manner in which parties present their claims, defenses, and allegations in legal proceedings. These rules ensure that the pleadings are clear, concise, and focused, enabling the parties and the court to understand the issues in dispute. General Rules of Pleading Concise...

Under the Code of Civil Procedure (CPC), the plaint and written statement are important components of the pleading process in civil cases. Plaint under CPC A plaint is a document filed by the plaintiff (the party initiating the lawsuit) to commence a civil case. Essential Elements of Plaint: Name, address,...

Under the Code of Civil Procedure (CPC), the appearance and non-appearance of parties are governed by specific provisions. Appearance of Parties Order of Appearance: Section 132 of the CPC states that parties to a suit should appear in the court on the day fixed for hearing unless they...

Suits by indigent persons, also known as suits filed by paupers or suits filed in forma pauperis, are a provision under the Code of Civil Procedure (CPC) that allows individuals who are unable to afford the costs of litigation to file and pursue their legal claims without...

"Interpleader suits" refer to a specific type of lawsuit that allows a third party to resolve a dispute between two or more claimants who are making competing claims to the same property or funds. Nature of Interpleader Suits Conflicting Claims: Interpleader suits arise when a third party (known as...