CPC Q&A

Contents
Q. 1 SUMMARY SUITS AND ITS PROCEDURES .............................................................................................................. 1
Q. 2 WHAT IS ADJOURNMENT OF HEARING? ............................................................................................................... 3
Q. 3 JURISDICITION AND ITS TYPES IN CIVIL COURT ..................................................................................................... 5
Q 4. WHAT IS APPEAL, REVIEW, REFERENCE AND REVISION? ....................................................................................... 6

Q. 1 SUMMARY SUITS AND ITS PROCEDURES

Explanation of Summary Suits and its Procedures (Order 37 of CPC)

1. Introduction:
- A Summary Suit is a special type of legal case under Order 37 of the Civil Procedure Code (CPC) 1908.
It’s different from regular suits because it’s designed for situations where a quick resolution is needed,
especially when the defendant (the person being sued) doesn’t have a strong defence.
- The goal is to speed up the legal process and settle disputes faster, mainly benefiting the person who filed
the suit (the plaintiff). It is often used for straightforward cases like unpaid debts.
- This process might seem unfair to the defendant since it limits their chance to defend themselves, but
they do get one opportunity to present their side. If they don’t use this chance properly, or if their defence
isn’t convincing, the court decides in Favor of the plaintiff.

Example: Suppose a person borrowed money from a friend and gave a written promise to repay it by a
certain date. If they don’t repay, the friend can file a summary suit to recover the money quickly.

2. Where Summary Suits Can Be Filed:

- Summary suits can be filed in:
- High Courts
- City Civil Courts
- Courts of Small Causes
- Other local courts as applicable.

Example: If someone in Mumbai is owed money under a promissory note, they can file a summary suit in
the Mumbai City Civil Court.

3. Types of Cases Suitable for Summary Suits:

- Not all cases can use the summary suit procedure. It is mainly used for cases involving:
1. Bills of Exchange: These are orders to pay a specified amount of money, either immediately or on a
fixed date.
2. Hundies: Traditional financial instruments used in trade, especially in India. Hundies are traditional,
indigenous financial instruments used in India, particularly in the context of trade and credit. They are
similar to promissory notes or bills of exchange, but they are governed more by local customs and usage
rather than statutory laws. Hundies have been a part of the Indian financial system for centuries, especially
in the mercantile communities for facilitating trade transactions.

3. Promissory Notes: Written promises to pay a specific amount of money on demand or on a certain
date.
4. Debt Recovery: Claims for recovering money owed based on:
 - Written contracts,
- Specific laws where a fixed sum is to be paid,
- Guarantees (like a promise to pay someone else’s debt if they fail to do so).

Case Law Example: In Mechelec Engineers & Manufacturers v. Basic Equipment Corporation, the
Supreme Court of India held that if the defendant shows a plausible Defence, leave to defend should be
granted. This case set guidelines on when a defendant can be allowed to defend a summary suit.

Example of Plausible defence: Payment Already Made

• Situation: If the plaintiff sues for an unpaid loan, and the defendant can show proof (like bank statements or
receipts) that they’ve already repaid it, this is a plausible defence.
• Explanation: The defendant’s evidence creates a reasonable doubt about the plaintiff's claim.

4. Jurisdiction (Where Can You File a Summary Suit?):

- A summary suit can be filed in courts based on:
- The defendant’s place of residence,
- Where the defendant works or does business,
- Where the cause of action (the reason for the lawsuit) happened, either fully or partially.
- The case can be filed in either the High Court or District Court depending on the amount of money
involved (pecuniary jurisdiction).

Example: If a business in Thane owes money based on a written contract, the creditor can file a summary
suit in the Thane District Court.

5. Time Limit to File a Summary Suit:

- You must file a summary suit within 3 years from the date when the cause of action arose (like when the
debt became due). This time limit is strict and cannot be ignored.

Example: If someone signed a promissory note on 1st January 2021 to repay a loan, the lender must file a
summary suit by 31st December 2023.

6. Contents of a Summary Suit (What Should Be Included in Your Complaint?):

- The complaint (called a plaint) for a summary suit must include:
- Facts of the case, explaining why you are filing the suit.
- A clear statement that this is a summary suit under Order 37.
- A statement confirming that the claim falls under the types of cases allowed by Order 37.
- The suit number should clearly mention that it’s a summary suit.

Example: In the plaint, the plaintiff should clearly write: “This suit is filed under Order XXXVII of CPC
for recovery of ₹1,00,000 based on a promissory note dated 1st April 2023.”

7. Procedure for Filing a Summary Suit:

- Here’s how a summary suit works step-by-step:
1. The plaintiff files the complaint in the appropriate court.
2. A copy of the complaint and a summons (a legal notice) is sent to the defendant.
3. The defendant must appear in court within 10 days after receiving the summons.
4. If the defendant appears, the plaintiff issues a summons for judgment.
5. The defendant then has 10 days to apply for leave to defend (permission to defend themselves).
6. The court decides whether to grant leave to defend with or without conditions.
7. If the defendant doesn’t respond or fails to get permission to defend, the court can quickly pass a
judgment in Favor of the plaintiff.
 Example: If a company fails to pay for goods delivered as agreed, the supplier can file a summary suit. If
the company doesn’t respond within 10 days, the court may grant judgment in Favor of the supplier.

8. What Happens If the Defendant Fails to Defend?

- The court can pass a decree (judgment) in Favor of the plaintiff if:
- The defendant doesn’t appear in court.
- The defendant fails to file for leave to defend.
- The application for leave to defend is rejected by the court.
- The suit continues as a normal case, but the court still finds in Favor of the plaintiff.

Example: If a person is sued for not paying rent and they don’t show up in court, the landlord may get a
judgment quickly through a summary suit.

9. Setting Aside a judgment:

- If a judgment is passed without hearing the defendant (known as an ex-parte decree), the court can set it
aside in special cases. The defendant must show:
- Valid reasons for not appearing earlier.
- Evidence that they have a valid defence.

Case Law Example: In Rajni Kumar v. Suresh Kumar Malhotra, the Supreme Court held that the court has
the discretion to set aside an ex-parte decree if the defendant proves special circumstances that prevented
their appearance.

10. Conclusion:
- Summary suits are a way to handle straightforward cases quickly, especially in commercial matters
where there’s no valid defence from the other side. It helps avoid long and drawn-out legal battles, saving
time for both the court and the parties involved.
- However, the defendant still has a fair chance to defend themselves, provided they meet the required
conditions. If they don’t, the process Favors the plaintiff, leading to a quick resolution.

Q. 2 WHAT IS ADJOURNMENT OF HEARING?

1. What is Adjournment of Hearing?
Adjournment means postponing the hearing of a court case to a later date. The concept of adjournment is
covered under Order XVII of the Civil Procedure Code (CPC), 1908. However, the CPC doesn't directly
define the term "adjournment." Courts are allowed to adjourn hearings, but only for valid and justified
reasons. This is crucial to ensure that justice is served fairly.
For example, if one of the parties needs more time to gather evidence or call a witness, the court may grant
an adjournment to give them a fair chance. However, the court must be cautious and not delay the
proceedings without a good reason.

2. When Can Courts Grant an Adjournment?

Under Rule 1 of Order XVII of CPC, courts can grant adjournments if there is a "sufficient cause" shown by
any of the parties involved. This means the party requesting an adjournment must provide a strong reason
for the delay. However, there is a limit—no party can be granted more than three adjournments during the
entire hearing of a case.

Some examples where adjournments may or may not be granted:

- Valid Reason: A lawyer has suddenly fallen ill, and the party couldn’t find another lawyer on time. Here,
the court may allow an adjournment.
- Invalid Reason: If a lawyer simply claims to be busy with another case, the court may deny the
adjournment since this isn't considered a valid excuse.

3. Effects of Frequent Adjournments

Frequent adjournments cause delays in the justice system, affecting everyone involved. They increase the
costs, cause inconvenience, and can even erode public trust in the judicial process. Witnesses who take time
out to assist the court may get frustrated if cases keep getting delayed.
For instance, in the case of Chandra Prakash Ojha v. District Judge Bareilly (AIR 2004 All 204), the court
emphasized that adjournments cannot be claimed as a right and should only be granted at the court's
discretion.

To address this issue, the CPC was amended in 1999 to limit the number of adjournments to three during the
hearing of a suit.

4. Rules to Follow for Adjournments (Order XVII, Rule 1)

According to Rule 1 of Order XVII:
- The court must record reasons in writing for granting any adjournment.
- Hearings should continue day-to-day until all witnesses present have been examined, unless there's a
strong reason for an adjournment.
- Adjournments are not allowed just because a lawyer is busy in another court.
- If a lawyer is sick or unable to appear, the party should try to arrange another lawyer instead of asking for
an adjournment.

For example, in Unit Traders vs. Commissioner of Customs, the Madras High Court observed that simply
being absent on a hearing date is not a valid ground for claiming adjournment on the basis of "natural
justice."

5. What Happens if Parties Don't Appear? (Order XVII, Rule 2 and Rule 3)
- Rule 2: If parties don’t show up on the day of the hearing, the court can proceed without them or take any
other appropriate action.
- Rule 3: If a party, despite getting extra time, fails to bring their evidence or witnesses, the court can
proceed with the case or make a judgment based on the evidence available.

6. Limitations on Adjournments and Supreme Court Rulings

In Salem Advocate Bar Assoc. v. Union of India (AIR 2005 SC 3353), the Supreme Court ruled that the
provision limiting adjournments to three times is not unconstitutional. However, in extreme cases like
natural disasters (e.g., the Bhopal gas tragedy), the court may still grant more adjournments if necessary.

To prevent misuse, the courts are encouraged to impose costs on the party requesting an adjournment
without a valid reason. This discourages unnecessary delays.

7. Conclusion
While adjournments are necessary in certain cases to ensure fair hearings, they should not be used to delay
proceedings unnecessarily. Judges have the discretion to decide when an adjournment is justified. Misusing
this provision can lead to penalties, like fines or dismissal of the case.
Q. 3 JURISDICITION AND ITS TYPES IN CIVIL COURT
1. What is Jurisdiction?
Jurisdiction refers to the legal authority given to a court, judge, or tribunal to hear and decide cases. It
defines the power of a court to make legal decisions and judgments. Simply put, it's like asking, "Does this
court have the right to decide on this case?"
If a court passes a decision without having proper jurisdiction, that decision becomes invalid or
unenforceable. For example, if a court in Delhi tries to decide a case that only a court in Mumbai is allowed
to handle, the decision by the Delhi court won't be valid.
The key question every court needs to address at the start of any case is whether it has the authority to hear
that case. This authority can depend on territory, money involved (pecuniary limits), and the type of case
(subject matter).

2. Types of Jurisdiction
Break-down of different types of jurisdiction that civil courts in India have:
A. Territorial or Local Jurisdiction
- This type of jurisdiction is based on geography. A court can only hear cases that happen within its specified
area.
- Example: If a property dispute is related to a house in Pune, only a court within Pune can decide on that
case.
- Section 16 of the Code of Civil Procedure (CPC) talks about this type of jurisdiction, especially regarding
immovable property.

B. Pecuniary Jurisdiction
- “Pecuniary” relates to money. This jurisdiction decides whether a court can handle cases based on the
financial value of the case.
- Example: A district court may only handle cases involving claims up to ₹5 lakh. If the claim is for ₹10
lakh, it has to be filed in a higher court.
- Section 15 of CPC ensures that cases should be filed in the court of the lowest grade capable of handling
the case to avoid overburdening higher courts.

C. Jurisdiction Over Subject Matter

- This refers to the court's power to hear certain types of cases.
- Example: Family courts handle divorce cases, while commercial courts handle business disputes.
- If a court does not have the authority to hear a particular type of case, any decision it makes will be void.

D. Original and Appellate Jurisdiction

- Original Jurisdiction: The power of a court to hear a case for the first time.
- Example: The High Court has original jurisdiction in matters like company law and marriage disputes.
- Appellate Jurisdiction: The power to review and revise cases that have already been decided by lower
courts.
- Example: The Supreme Court can hear appeals against decisions of the High Court.

E. Exclusive and Concurrent Jurisdiction

- Exclusive Jurisdiction: Only one court has the authority to hear a particular type of case.
- Example: In India, only special courts can decide bankruptcy cases.
- Concurrent Jurisdiction: More than one court can hear the same type of case.
- Example: In some cases, both district courts and High Courts can hear cases related to intellectual
property.
F. General and Special Jurisdiction
- General Jurisdiction: Courts that can hear a wide range of cases, not limited to one area of law.
- Example: District courts handle everything from property disputes to family issues.
- Special Jurisdiction: Courts that only hear specific types of cases.
- Example: Consumer courts only handle consumer complaints.

G. Legal and Equitable Jurisdiction

- Legal Jurisdiction: Courts that make decisions strictly according to the law.
- Equitable Jurisdiction: Courts that can make decisions based on fairness, even if it is not covered by strict
legal rules.
- Example: The Supreme Court of India can pass orders to ensure justice is served, even if no specific law
covers the situation.

3. Jurisdiction of Civil Courts (Section 9 of CPC)

- Civil courts can hear any case of a “civil nature” unless a law specifically says they can’t.
- Civil Nature: Cases involving private rights like property, contracts, or personal disputes.
- Example: If you have a dispute over the ownership of land, you can take it to a civil court.

- Expressly Barred Suits: If a law explicitly says a civil court can’t hear a certain type of case, like some
disputes involving government taxes, then the court has no jurisdiction.

- Impliedly Barred Suits: If a special law provides a specific solution to a problem, then you cannot take that
problem to a regular civil court.
- Example: Disputes related to labour issues may have to be resolved in labour courts, not in civil courts.

4. The Role of Civil Courts in Deciding Their Own Jurisdiction

- Civil courts have the authority to determine whether they have jurisdiction over a case.
- If there is doubt, courts usually lean towards assuming jurisdiction rather than denying it. However, if a
law clearly bars a court’s authority, it must be strictly followed.

5. Conclusion
- Civil courts have broad powers to hear cases unless a law specifically restricts them. They can also decide
on their own jurisdiction.
- However, it’s important that the courts do not overstep their authority. If they do, their decisions can be
challenged and declared void.

Q 4. WHAT IS APPEAL, REVIEW, REFERENCE AND REVISION?

Alright, students, today we are going to talk about the procedures for Appeals, Reference, Review, and
Revision under the Civil Procedure Code (CPC), 1908. These procedures are really important for anyone
who wants to challenge or ask for a reconsideration of a decision made by a lower court. Let’s break this
down and understand each part step by step.

1. Appeals (Order XLI)

What is an Appeal?
- An appeal is when a person who is not happy with the decision of a lower court asks a higher court to
review that decision. Think of it as asking for a "second opinion" from a more senior judge.
Who Can File an Appeal?
- Under Rule 1, the right to appeal is given to anyone who feels they have been wronged or are unhappy
with the judgment or decree of a lower court. For example, if you lose a property dispute case in a lower
court and believe the judge made a mistake, you can appeal to a higher court.

Where Do You File an Appeal?

- According to Rule 2, the appeal should be filed in the appellate court, which is the court that has the
authority to hear appeals in that particular matter. For instance, if the original case was in a district court, the
appeal might go to the High Court.

Grounds for Appeal (Rule 31)

- You can't just appeal because you are unhappy; there have to be valid reasons (grounds) for it. These
grounds include:
- Errors of Fact: The judge misunderstood some facts.
- Errors of Law: The judge applied the wrong legal principle.
- Procedural Errors: The court didn't follow proper procedures.

For example, if the court ignored key evidence you presented, that's a procedural error, and you could
appeal based on that.

2. Reference (Order XLII)

What is a Reference?
- Sometimes, a lower court might be unsure about a tricky legal question or if the case involves a matter of
public importance. In such cases, under Rule 1, the lower court can send (or "refer") this question to the
High Court for advice.

How Does Reference Work?

- The lower court will formulate (create) specific questions and send them to the High Court under Rule 5.
The High Court then gives its opinion, which helps the lower court make a final decision.

For example, if a lower court is confused about how a new law should be interpreted, they can refer that
question to the High Court.

3. Review (Order XLVII)

What is a Review?
- A review is when the same court that made the original decision is asked to reconsider it. It’s like asking
the judge, "Can you please take another look at this decision?"

When Can You Ask for a Review? (Rule 1)

- You can ask for a review if:
- New Evidence: You found new evidence that you couldn’t present earlier.
- Apparent Mistake: There is an obvious error in the judgment.
- Any Other Sufficient Reason: Any other valid reason that justifies a review.

Procedure for Review (Rule 4)

- You need to apply for a review within a certain time limit. If the court finds your reasons convincing, they
will review their decision.

For example, if you discover a key document that proves your case after the judgment has been passed, you
can apply for a review.
4. Revision (Order XLVII)
What is a Revision?
- Revision is like a special power given to the High Court to check whether the lower courts have made any
serious mistakes in their decisions. It’s not as wide-ranging as an appeal, but it's a way to correct glaring
errors.

When Can the High Court Use Revision? (Rule 1 & Rule 4)
- The High Court can use its revisional powers when:
- Jurisdictional Errors: The lower court didn’t have the authority to hear the case.
- Procedural Irregularities: The correct procedures were not followed.
- Errors of Law: The law was applied incorrectly, leading to injustice.

For example, if a lower court hears a case that should have been heard by a different court, the High Court
can step in and correct this mistake through revision.

Case Laws for Better Understanding

- Gandhi v. Patel (2010): In this case, the Supreme Court said that appellate courts should be cautious when
overturning findings of fact unless there is a clear mistake. This means that the higher courts should not
change the facts established by the lower courts unless there's a significant error.

- State of Karnataka v. Rajendra (2007): Here, the court clarified that the powers of revision should be used
only in exceptional circumstances, such as a glaring mistake or serious injustice.

Conclusion

Orders XLI to XLVII of the Civil Procedure Code help ensure that everyone gets a fair chance to challenge a
judgment, correct errors, or seek justice. Appeals allow you to go to a higher court if you think there was a
mistake in your case. Reference, review, and revision provide additional ways to address complex legal
issues or correct mistakes without starting a completely new case.

These procedures are crucial for upholding justice, making sure that everyone gets a fair hearing, and
correcting errors when they happen. Understanding these processes can help you know your rights if you
ever find yourself involved in a legal dispute.