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S.No Title Rules

Order I Parties to Suit 13

Order II Frame of Suit 7

Order III Recognized Agents and Pleaders 6

Order IV Institution of Suits 2

Order V Issue and Service of Summons 30

Order VI Pleadings Generally 18

Order VII Plaint 26

Order VIII Written Statement and Set-Off 13

Order IX Appearance of Parties and Consequences of Non-Appearance 14

Order IX-A Intermediate Dates 2

Order X Examination of Parties by the Court 4

Order XI Discovery and Inspection 23

Order XII Admissions 9

Order XIII Production Impounding and Return of Documents 11

Settlement of Issues and Determination of Suit on Issues of Law or

Order XIV 7
on Issues Agreed Upon

Order XV Disposal of the Suit at the First Hearing 4

Order XVI Summoning and Attendance of Witnesses 21

Order XVII Adjournments 5

Order XVIII Hearing of the Suit and Examination of Witnesses 18

Order XIX Affidavits 3

Order XX Judgment and Decree 20

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 Consequences of Non-appearance of parties (Order 9)
Introduction
The general provisions of CPC are based on the principle that both the parties must be given
an opportunity to be heard. The proceedings must not be held to the disadvantage of one
party. Order 9 lays down rules regarding the appearance and the consequences of
nonappearance of a party in the hearing.
Relevant Provision
Order 9 of CPC
Parties to appear on day fixed for defendant to appear and answer.
Under rule 1 On the day fixed in the summons for the defendant to appear and answer, the
parties shall be in attendance at the Court-house in person or by their respective pleaders, and
the suit shall then be heard unless the hearing is adjourned to a future day fixed by the Court.
Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay
cost.
Under rule 2 Where on the day so fixed it is found that the summons has not been served
upon the defendant in consequence of the failure of the plaintiff to pay the court-fee or postal
charges (if any) chargeable for such service, or to present copies of the plaint or concise
statements, as required by rule 9 of order VII, the Court may make an order that the suit be
dismissed :
Provided that no such order shall be made, if, notwithstanding such failure the defendant
attends in person (or by agent when he is allowed to appear by agent) on the day fixed for
him to appear and answer.
Where neither party appears, suit to be dismissed.
Under rule 3 Where neither party appears when the suit is called on for hearing, the Court
may make an order that the suit be dismissed.
Plaintiff may bring fresh suit or Court may restore suit to file
Under rule 4 Where a suit is dismissed under rule 2 or rule 3, the plaintiff may (subject to the
law of limitation) bring a fresh suit, or he may apply for an order to set the dismissal aside,
and if he satisfies the Court that there was sufficient cause for such failure as is referred to in
rule 2, or for his non-appearance, as the case may be, the Court shall make an order setting
aside the dismissal and shall appoint a day for proceeding with the suit.
Dismissal of suit where plaintiff after summons returned unserved
Under rule 5 Where after a summons has been issued to the defendant, or to one of several
defendants, and returned unserved the plaintiff fails, for a periods of one month from the date
of the return made to the Court by the officer ordinarily certifying to the Court returns made
by the serving officers, to apply for the issue of a fresh summons the Court shall make an
order that the suit be dismissed as against such defendant, unless the plaintiff has within the
said period satisfied the Court that he has failed after using his best endeavors to discover the
residence of the defendant, who has not been served, or Such defendant is avoiding service of
process, or There is any other sufficient cause for extending the time, in which case the Court
may extend the time for making such application for such period as it thinks fit.
In such case the plaintiff may (subject to the law of limitation) bring a fresh suit.
Ex-party Proceedings
Under rule 6 Procedure when only plaintiff appears
1.Where the plaintiff appears and the defendant does not appear when the suit is called on for
hearing, then
When summons duly served—if it is proved that the summons was duly served, the Court
may make an order that the suit shall be heard ex party.
When summons not duly served—if it is not proved that the summons was duly serve, the
Court shall direct a second summons to be issued and served on the defendant;
When summons served but not in due time—if it is proved that the summons was served on
the defendant, but not in sufficient time to enable him to appear and answer on the day fixed
in the summons, the Court shall postpone the hearing of the suit to future day to be fixed by

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the Court, and shall direct notice of such day to be given to the defendant.
(2) Where it is owing to the plaintiffs' default that the summons was not duly served or was
not served in sufficient time, the Court shall order the plaintiff to pay the costs occasioned by
the postponement.
Procedure where defendant appears on day of adjourned hearing
Under rule 7 Where the Court has adjourned the hearing of the suit ex-party and the
defendant, at or before such hearing, appears and assigns good cause for his previous non-
appearance, he may, upon such terms as the Court directs as to costs or otherwise, be heard in
answer to the suit as if he had appeared on the day, fixed for his appearance.
Procedure where defendant only appears
Under rule 8 Where the defendant appears and the plaintiff does not appear when the suit is
called on for hearing, the Court shall make an order that the suit be dismissed, unless the
defendant admits the claim or part thereof, in which case the Court shall pass a decree against
the defendant upon such admission, and, where part only of the claim has been admitted,
shall dismiss the suit so far as it relates to the remainder.
Decree against plaintiff by default bars fresh suit
Under rule 9 Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be
precluded from bringing a fresh suit in respect of the same cause of action. But he may apply
for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient
cause for his non-appearance when the suit was called on for hearing, the Court shall make an
order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit. and
shall appoint a day for proceeding with suit.
(2) No order shall be made under this rule unless notice of the application has been served on
the opposite party.
Procedure in case of non-attendance of one or more of several plaintiffs
Under rule 10 Where there are more plaintiffs than one, and one or more of them appear, and
the others do not appear, the Court may, at the instance of the plaintiff or plaintiffs appearing,
permit the suit to proceed in the same way as if all the plaintiffs had appeared, or make such
order as it thinks fit.
Procedure in case of non-attendance of one or more of several defendants
Under rule 11 Where there are more defendants than one, and one or more of them appear,
and the others do not appear, the suit shall proceed, and the Court shall, at the time of
pronouncing judgment, make such order as it thinks fit with respect to the defendants who do
not appear.
Consequence of non-attendance, without sufficient cause
Under rule 12 Where a plaintiff or defendant, who has been ordered to appear in person, does
not appear in person, or show sufficient cause to the satisfaction of the Court for failing so to
appear, he shall be subject to all the provisions of the foregoing rules applicable to plaintiffs
and defendants, respectively who do no appear.
This means either the suit will be dismissed or will be continued ex party.

Issue and its Importance ,Can a Court amend, add or strike out an Issue
Introduction:
In respect of material proposition of fact or law alleged by one party and either denied or not
admitted by the other. The parties place before the Court in their pleadings the difference
between them on the basis of which they intend to contest the suit. The Court may beside
framing the issue examines the parties at first hearing in order to determines with precision
the prepositions of law and fact on which the parties are at variance.
Relevant Provisions:
Order XIV Rule 1 to 7 CPC 1908
Meaning of Issue:

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(i) A single certain and material point deduced by the allegations and pleadings of the
parties which is a affirmed on one side and denied on the other.
(ii) An issue is a disputed point or question to which the parties to action have narrowed
their several allegation of Court or question of law or of Court or jury on question of fact.
Definition of Issue:
Issues are those material propositions of law or fact about which parties are at variance
according to their pleadings determination tfhere of is necessary for effective and final
disposal of cause. «
Kinds of Issues:
Issues are of two kinds.
(i) Issue of Fact
(ii) Issue of Law
(i) Issues of Fact.
An issue of Fact arises when a fact is maintained by one party and is controverted by the
other in the proceedings
(ii) Issue of Law.
An Issue of Law arises where evidence is undisputed and only one conclusion can be drawn.
Issues of law are those which are based on law question. Question of law always arise on the
basis of factual allegations. If an issue is related to both fact and law then it is called as mixed
issue of law and fact.
Object of framing Issues:
The object of framing issues in a suit is to determine the rival contentions of the parties so
that the suit may proceed with respect to those contentions.
Essentials of Framing of Issues:
Issues would arise when a material proposition of fact or law was affirmed by one party and
denied by the other.
(i) Material propositions are those propositions of law or fact which plaintiff must allege
in order to show a right to sue or a defendant must allege in order to constitute his
defence.
(ii) Such material proposition affirmed by one party and denied by other would form
subject of a distinct issue.
How issues are Framed:
At the first hearing of the suit the Court shall,
(i) After reading the point or the written statements, if any,
(ii) After such examination of the parties as may appear necessary,
(iii) Ascertain upon what material propositions of fact or law the parties are at variance
(iv) Shall there upon proceed to frame and record the issues
(v) On which the right decision of the case appears to depend.
Non-Framing of An Issue Effect:
Non-framing of any issue, would not in any manner vitiate the trial and if an issue that may
have arisen is not framed, but other issues on which findings have, been given go in favour of
the party who is to be benefit by framing of that issue it will not effect the-validity of
judgment especially when grievance of non-framing of issues has not been raised before the
trial Court.
Materials from Which Issues May Be Framed:
The Court may frame the issues from all or any of the following materials.
a. Allegations made on oath by the parties: The Court may frame the, issues from
allegations made on oath by the parties, or by any persons present on their behalf, or
made by pleaders of such parties. Such materials are the allegations collected from the
oral examination of parties or their pleaders, notwithstanding discrepancy between these
allegation and the Written pleadings.
b. Oral examination of parties. Issues can be framed on the oral examination of the
parties. Or on the basis of oral objection

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 c. On the basis of pleadings: Issues are to be framed on the basis of allegations
made in the pleadings, statements, documents etc.
d. Answers to interrogatories delivered in the suit. Issues can be made on the basis of
answers to interrogatories delivered in the suit.
e. Contents of documents. The Court may frame the issues from the contents of
documents produced by their party.
f. Court may examine witnesses or documents before framing issues. Where the
facts alleged in the pleadings do not clearly indicate what plea is intended to be taken, it is
the duty of the Court of examine the parties, clarify the position and settle the appropriate
issues.
Power of Court To Amend, and Strike Out Issues:
(i) Power of amendment and addition.
The Court may at any time before passing a decree amend the issues or frame additional
issues on which terms as it thinks fit, and all such amendments or additional issues as
may be necessary for determining the matters in controversy between the parties shall be
so made or Framed.
(ii) Power to strike out issues:
The Court may also, at any time before passing a decree, strike out any issues that appear
it to be wrongly framed or introduced. The Court may strike out any issues which it finds
to be wrongly framed. The Issues framed by the consent of the parties are on different
footing and Court cannot strike out them without the consent of both the parties. In case
of Issues not relied on by parties. The Court has lower should either to strike then off or
refrain from giving any findi4g there on. The power vested in a Court under R. 5 can be
exercised at any stage prior to the final disposal of the case.
Conclusion:
The framing of issues is an exercise which is calculated to aid the administration of justice.
The role purpose is to invite attention of parties to real part needing consideration. It is the
primacy duty of the Court to frame appropriate issue arising from pleadings once parties are
alive to contentious raised and evidence has been adduced in support there of then framing or
non-framing of issue would loss significance.
Institution of Suit
Introduction
Section 26 of CPC deals with institution of suits. Section 15 of CPC deals with Court in
which suits to be instituted. Section 18 of CPC deals with Place of institution of suit where
local limits of jurisdiction of Courts are uncertain. Order-1 Rule-1 to 13 CPC deals with
Parties to the suits.
The main purpose of the establishment of Courts is for settling the disputes between the
parties. It is also to let people know about their rights and duties regarding the matter in
dispute. So whenever there is a controversy between the parties and they are unable to solve
it themselves, one party can approach a Court by suing the other party.
The basic aim of a legal system of a country is to impose duty to respect the legal rights
conferred upon the members of the society. The person making a breach of that duty is said to
have done the wrongful act. The Code of Civil Procedure, 1908 is the procedural or the
adjective law of India in civil matters. Sections 26 read with Orders I (Parties to the Suit), II
(Framing of the Suit), IV (Institution of the Suit), provide the procedural principles and rules
regarding institution of suits.
Relevant Provisions
Section 26 and Order IV of Civil Procedure Code deals with the provisions of Institution of
Suit.
Meaning of Suit
The term suit is not defined under CPC but by various decisions it can be said that “Suit
ordinarily means a Civil proceedings instituted by presentation of Plaint. Civil suit is the
institution of litigation for enforcement of civil rights. A suit is resulted into decree.

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 Black’s Law Dictionary
In the above publication suit is defined as the proceedings initiated by a party or parties
against another in court.
Institution of Suit (Section 26)
Every suit shall be instituted by the presentation of a plaint, or in such other manner as may
be prescribed.
Rule 1 Order IV of Code of Civil Procedure 1908
"Suit to be commenced by plaint
(1) Every suit shall be instituted by presenting a plaint to the Court or such officer as it
appoints in this behalf.
(2) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are
applicable.
Rule 2 Order IV of Code of Civil Procedure 1908
"Register of suits"
The Court shall cause the particulars of every suit to be entered in a book to be kept for the
purpose and called the register of civil suits. Such entries shall be numbered in every year
according to the order in which the plaints are admitted.
Institution of Suit:
The Provisions under the Civil Procedure Code, 1908:
Section 26(1), CPC says that every suit shall be instituted by the presentation of a plaint or in
such other manner as may be prescribed. Sub-section (2) provides that in every plaint, facts
shall be proved by affidavit. The procedural framework relating to the institution of a suit is
give below:
i. Preparing the plaint
ii. Choosing the proper place of suing
iii. Presentation of the plaint
Presentation of the Plaint: Commencement of the Suit:
Section 26 and Order 4 contain the provisions relating to the institution of a suit.
Rule 1 of Order 4 goes as:
(1) Every suit shall be instituted by presenting a plaint in duplicate to the Court or such
officer as it appoints in this behalf.
(2) Every plaint shall comply with the rules contained in Order VI and VII, so far as they are
applicable.
(3) The plaint shall not be deemed to be duly instituted unless it complies with the
requirements specified in sub-rules (1) and (2).
Order 4 Rule 1 lays down the procedure for institution of suit; but does not speak of any
„other manner‟ for the purpose. The amendment makes it clear that unless the plaint is filed in
duplicate it will be deemed to be incomplete. Sub-rule (3) has been inserted in order to curtail
unnecessary adjournments for due compliance of the provisions of sub-rules (1) and (2) after
the filing of the plaint.
Register of Suits:
Rule 2 of Order 4 provides that the Court shall cause the particulars of every suit to be
entered in a book to be kept for the purpose and called the register of civil suits. Such entries
shall be numbered in every year according to the order in which the plaints are admitted.
There are four essentials of a suit:
i. Name of Parties
In a suit there must be at least two parties the Plaintiff and the Defendant.
ii. Cause of Action
It is a set of facts or circumstances that a Plaintiff is required to prove. A person is party to a suit if
there is a cause of action against him. After accruing of cause of action, institution of plaint takes
place.
iii. Subject matter
There must be a subject matter (with what respect or aspect civil dispute is).
iv. Relief claimed by the Plaintiff

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 No court will give relief unless relief is specifically claimed by the party.

Examination of Parties by the Court

Order X of the CPC deal with the examination of the parties to a suit by the court.
Examination means that the court shall ask certain questions to the plaintiff and the defendant
with respect their claims, replies and counter-claims to frame the relevant issues that need to
be addressed in the proceedings.

The examination does not connote an examination by the adverse party in a witness box but
merely an inquiry conducted by the judge before proceeding with the case. After the plaint
and written submissions are submitted, the court holds its first hearing in the presence of both
the parties and/or their pleaders and the examination is conducted at this stage.

Rule 1 of Order X provides that at the first hearing of the case when the plaint and written
statement are submitted to the court, the court shall ensure whether the parties accept or deny
the allegations, claims and counter-claims of the other party as mentioned in the plaint or the
written statement.

It is essential to clear the position of the parties with respect to each other‟s claims so that the
court can proceed with only those issues or claims which are in dispute and does not waste
time on those which are being accepted. As the examination progresses, the court makes a
record of all the things accepted or denied by the parties.

1A- If the court believes that the parties to a suit are not violent towards each other and are
duly co-operating in the process, it may order the parties to resolve the matter through
mediation or other alternative means.

Rule 2 of the Order further empowers the court to continue examining the parties after the
question of acceptance and denial of allegations to throw light on the matters in dispute.
While examining the parties, the court can ask questions with respect to the background of
the facts in dispute and circumstances that led to the institution of the suit.

Rule 3 requires that all the questions put by the court to the parties and the witness should be
recorded by the judge either himself or through any agent working under his supervision. The
record must be maintained in written and should be used to prove against the person in future
if the person denies any of his averments later.

Also, the answers to the questions should also be recorded in the same manner and all of this
should form part of the record. It means these questions and answers should be annexed with
the file of the case to remain with the court. This concludes the process of examination of the
parties and witnesses by the court in any civil suit.

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 Various Modes of Summons
Introduction
Everybody has a right to appear and defend himself is the basic theme of issuance of
summons. Order 5 of Civil Procedure is based on this principle that no one should be
condemned unheard when the suit is instituted against the defendant the court is bound to
serve the summons to defendant for appearing before the court. In fact, CPC provided
procedural rules to administer trial of civil suit from its institution till its conclusion. After
filing of suit, it becomes necessary for that party, which files suit, to serve summon son
opponent party. Order 5 prescribes various modes of service of summons to defendant.
Relevant Provisions
Relevant provisions regarding the topic of service of summons to defendant Section 27 and
order 5 and 1 and 10 to 20 of CPC.
Cross Reference
(i) Order 16 of C.P.C
(ii) Section 64 to 74 of Code of Criminal Procedure
(iii) Section 27 of General Clauses Act, 1897
Meaning of Summons
Summons may be defined as under “A written notification issued by a civil court requiring
that one must appear before the court in prescribed manner”.
Definition
According to Black's Law Dictionary Summon is a process issued by a Court where by it
requires the attendance or presence of a specified person on the specified date mentioned
there in.
Object and purpose.
The object & purpose of serving summons is to hear a person against whom a contention has
been made by another person having grievance against him, and to give him a chance to
defend himself and answer the contention, before passing any order or decree against him.
Rules/Principles Regarding Issuance of Summons:
In issuing summons the following rules/principles must be taken in to consideration as
mentioned in 0rder 5 of the Code, 1908. Following rules have been mentioned
1. The summons shall be signed and seal by the Court issuing it.
2. Every summons should be 'accompanied by a copy of the plaint or, by a concise
statement.
3. The person against whom the summons has been issued may appear.
(i) in person, or
(ii) through pleader duly authorised.
4. Where it is necessary to appear in person, the Court, by stating reasons, requires the
personal appearance of the defendant.
5. The person whose personal appearance has been required, must resides with in the
local limits of the Court's ordinary original jurisdiction or if the person resides beyond
the local limits of the Court the summons can only be served in the following manner.
(i) The distance where the person ordinarily resides must be less than 50
miles from the local limit of the Court, or

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 (ii) Where there is facility of railway or other public conveyance, the
summons can be served to a person who ordinarily resides within 2
hundred miles distance from the Court.
6. The summons shall specially the name of person whose attendance is required and the
date on which he has to appear in the Court.
7. The summons should contain whether it is for settlement of issues or for the final
disposal of the suit only.
Types of Summons:
Summons may be of following types.
(i) Summons to defendants:
According to section 27 of the Code, 1908 A summons may be issued to the defendant
when the suit is duly instituted in the Court.
(ii) Summons to witness:
Section 31 of the Code, 1908 deals with summons to witness. Summons to witness may
be for.
(a) Evidence or testimony of the witness or
(b) Production documents
Various Modes of Summons
Under Civil Procedure Code, following are modes of service of summon have been
described;
1. Postal Service
Under order 5 Rule 10-A of CPC, a copy of summons would be sent by registered post.
Effect
A postal service is deemed to by effect;
(i) When defendant sign acknowledgement, or
(ii) Postal employee endorses, that defendant refuses to take delivery.
2. Personal Service of Summons
Wherever it is practicable, service of summons should be made on defendant in person. This
is also called direct service so far as practicable service should be made on the defendant in
person. Service is made by delivering a copy of the summon to the person concerned or to his
agent and by obtaining his signature on the other copy.
(i) Service upon person of defendant
Order 5 Rule 10, when summons is served on person of defendant, it should be signed by
judge or officer of court and should be sealed with seal of court.
(ii) Service on agent of defendant
Summons may be served upon the agent of defendant
(a) Empowered agent
The personal service made to the agent of the defendant, empowered to accept service
shall be sufficient.
(b) Business of Defendant
If some person does not reside within jurisdiction of court, but carries on some
business or works thorough manager or agent, and suit is filed against this person and
in relation to this business or work, summons can be served on such manager or agent
(c) Immoveable Property of Defendant

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 When suit is filed about immoveable property, and summons cannot be served on
defendant or defendant has not empowered any agent to accept service of summons,
summons can be served on that agent of defendant, who is in charge of such
immoveable property.
(d) Service on male member of Defendant’s Family
If defendant cannot be found or defendant has not empowered any agent to accept
service of summons, summons can be served on any of adult members of defendant‟s
family. However, summons can only be served on that member, who resides with
defendant. Here servant is not considered as member of defendant‟s family.
3. Service by Affixation
When personal service is failed to serve to the summons than summons may be served by
service by affixation.
(i) Condition Required
Service by affixation can be made when following conditions are fulfilled.
(a) Refusal by defendant to sign acknowledgement
Service by affixation may be served, where the defendant or his agent or such other
person to whom the summons may be served refuses to sign the acknowledgement.
(b) Failure of serving officer to find defendant
Where the serving officer after using all due and reasonable diligence cannot find the
defendant, than service by affixation can be made due and reasonable diligence is
depend on the facts of each case.
(ii) Manner of Affixation
The copy of summons should be actually affixed on the outer door or some conspicuous
part of the house where defendant resides, carries on business or personally works for
gain.
4. Affixation of Copy of Summons
If personal service of summons is not possible, service of summons can be made through
affixation of a copy of summons on outer door or some other eminent part of that house in
which defendant ordinarily resides or carries on business or works for gain.
(i) When Substituted Service be made
It can be made only in the following cases.
(a) When defendant is keeping out of the way for the purpose of avoiding summons,
or
(b) Any other reason for which service of summons is not possible in ordinary way.
(ii) Manner of Substituted Service
Substituted service may be effective by the following ways;
(a) Substituted service can be made by affixing copy of summons at some
conspicuous part of that house in which defendant is known to have last resided or
carried on business or personally worked for gain.
(b) Substituted service can be made through any electronic device of communication
like telegram, telephone, phonogram, telex, radio or television.
(c) Substituted service can be made through urgent mail service or public courier
services.
(d) Substituted service can be made through beat of drum in that locality where
defendant resides.

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 (e) Substituted service can be made through publication in press.
(f) Substituted service can be made through any other manner or mode, which court
thinks fit.
(iii) Effect
The substituted service shall be as effective, as if it had been made on the defendant
personally and the court may pass an ex-party decree, on non appearance of defendant.
(iv) Time for defendant’s Appearance
In case of substituted service, it is necessary that court should fix time of appearance of
defendant and such time should not exceed fifteen days.
Conclusion
To conclude, it can be stated that audi alterem partum is one of fundamental principles of
natural justice. Audi alterem partum means “hear the other side”. To hear the other side, it is
important for court to call defendant after initiation of suit. For calling of defendant, Civil
Procedure Code has provided different modes of service of summons.

Inherent Powers of the Civil Court

Introduction:
The Code of Civil Procedure, 1908 (CPC) consolidated and amended the laws relating to the
procedure of the Courts of Civil Judicature in Pakistan. The Concept of inherent power
vested in the Courts under Section 151 CPC is a handmade to meet the ends of justice. These
powers spring not from legislation but from the nature and the constitution of the tribunals or
Courts themselves so as to enable them to maintain their dignity, secure obedience to its
process and rules, protect its officers from indignity and wrong and to punish unseemly
behavior. This power is necessary for the orderly administration of the Court‟s business.
Relevant Provisions:
Section 151 C.P.C. 1908.
Cross Reference:
Sec. 561-A Cr. PC, Section 16 of General clauses Act,
Art .183 and 199 of Constitution of Pak, 1973.
Meaning of inherent power
Root word “Inhere”, Black‟s Law Dictionary meaning: ―to exist as a permanent,
inseparable, or essential attribute or quality of a thing to be intrinsic to something
“Jurisdiction” Black‟s Law Dictionary meaning: ―A court‟s power to decide a case or issue
a decree;
Halsbury’s Laws of England, Definition of “Inherent Jurisdiction”
In sum it may be said that the inherent jurisdiction of the court is a virile and viable doctrine,
and has been defined as being the reserve fund of powers, a residual source of powers, which
the court may draw upon as necessary whenever it is just or equitable to do so, in particular to
ensure the observance of due process of law, to prevent vexation or oppression, to do justice
between the parties and to secure a fair trial between them.
Definition of Inherent power
The expression „inherent‟ means inbuilt, embedded, implicit or implied. The expression

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„inherent‟ contemplates something latent though not directly expressed. Inherent powers are
powers, which are resident in all Courts. These powers spring not from legislation but from
the nature and the constitution of the tribunals or Courts themselves so as to enable them to
maintain their dignity, secure obedience to its process and rules, protect its officers from
indignity and wrong and to punish unseemly behavior. This power is necessary for the
orderly administration of the Court‟s business. The civil courts have inherent power to do all
that is necessary to meet the ends of justice. Therefore, it is a common practice for the clients
to add a sweeping prayer in any petition „to pass such other orders necessary and expedient
for the Court to meet the ends of justice‟ besides praying for something expressly sought‟.
Almost all the petitions contain such an expression in view of the inherent power granted
under Section 151 of the CPC.
Statutory Definition of Inherent Powers
Section 151 of the CPC reads:
“Nothing in this Code shall be deemed to limit or otherwise affect the inherent powers of the
Court to make such orders as may be necessary for the ends of justice or to prevent abuse of
the process of the Court “.
Section 151 deals with saving of inherent powers of the Court and provides that nothing in
Civil Procedure Code shall be deemed to limit or otherwise affect the inherent power of the
court to make such orders as may be necessary for the ends of justice or to prevent abuse of
the process of the Court.
Section 151 delineates that the inherent power of the Court. It enables the Court to make
orders necessary
i) for the ends of justice or
ii) to Prevent of abuse of process of the Court and
iii) there is no limitation on such inherent power under the Code. But,
Nature of Section 151:
Section 151 does not confer any new powers upon the Court, but only saves its inherent
powers where there is no express provisions in the code. The powers given by section 151 of
C.P.C. plays an important role towards the administration of. civil justice. This section,
however, does not provide any new powers to the Court. These power are intended to
supplement the other provisions of the code and not to evade or ignore them.
Basis of inherent power:
The inherent powers of Court are based on the following principle.
Ubi jus Ibi remedium" (There is no wrong without remedy)
Application of section 151:
Provisions of the section 151 are applicable in the following two cases.
(i) Where the case is not covered by the express provisions of the code.
(ii) Where the procedure as laid down and provided is being abused so as to obstruct the
ends of the justice.
Circumstances Under Which Court Can Exercise Its Inherent Power:
In accordance with section 151 the inherent powers can be exercised in the following
conditions.
(i) To Secure the ends of justice.
(ii) For the purpose of preventing abuse of the process of the Court.

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Principles For The Court, to Exercise Inherent Power:
In the exercise of its inherent powers the Court will be guided by the following rules.
i) Where there is no express provision of law: The inherent power can only be
exercised where there is no express provision of law applicable to the case.
ii) Where the code has prescribed any procedure. Where the code has prescribed any
procedure for the doing of a things such procedure is to be followed for the provisions of
the code are exhaustive in so far as they prescribe u particular procedure.
iii) Where these is a specific prohibition of a particular act: Where there is a specific
prohibition of a particular act the Court cannot circumvent the prohibition in the exercise
of its inherent powers.
iv) Where there is express provision of law: Where these is express provision of law is
applicable the Court will not invoke its inherent jurisdiction.

Appeal against order passed under Sec 151:

Orders passed under section 151 are not appealable u/s. 104 unless they fall with in the
definition of a decree or an appealable order or where it effects the decision of a case on
merits where it falls with in section 47 an appeal and a second appeal will lie there from.
Revision against order passed under Sec 151:
As an order passed u/S. 151 is an order passed in the exercise of discretionary jurisdiction
and the high Court does not ordinarily interfere it in revision.
However in the following circumstances it can go to revision.
(i) Where Court erroneously refuses to exercise inherent power or jurisdiction.
(ii) Where it exercises inherent powers when it has no power to do so.
However revision is not a regular remedy which an aggrieved party can seek as a matter of
right.
Instances of Inherent powers of the Court
The Court has the inherent powers in the following matters.
i) Restoration of suit or appeal.
The Court has jurisdiction to restore suit previously dismissed by it if it thinks that
such restoration is necessary to meet the ends of justice.
ii) Rehearing of case.
The Court can rehear a matter before passing a final order to avoid multiplicity of
proceedings, needless expense and inconvenience.
iii) Stay of suits and other proceedings.
A Court has an inherent powers to stay any suit which is an abuse of the process of
the Court or if it be necessary to do so for the ends of the justice except where its
jurisdiction is taken away in that respect.
iv) Review.
Every Court has an inherent power to review an erroneous decision. Such a power
is existing only if it is conferred by statute except possibility in cases where the
order is made without jurisdiction.
Rectification of mistakes.

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 The Court has got inherent powers to correct its own mistakes arising from the
accidental omission.
v) Injunctions.
A Court can issue an interim injunctions under circumstances which are not
covered by order 39 if the Court is of opinion that the interest of opinion that the
interest, of the justice require the issue of such interim injunctions.
vi) Addition and substitution of parties.
A Court has an inherent power to add or substitute parties. Where an appellate
Court adds a new party, it has inherent powers to reverse the decree of the Court of
first instance and remand the case for retrial.
vii) Additional evidence.
A Court has an inherent powers to allow parties to produce additional evidence. If
the document is existed they may be adduced in evidence in order to enable the
appellate Court to do justice b/w the parties.
viii) Order for refund.
A Court has inherent power to make an order for refund.
ix) Reconstruction of records.
Where owing to an accident or other cause records of a Court are lost or are
destroyed, it can by the exercise of inherent power reconstruct the records.
Limitations or restrictions against the arbitrary exercise of inherent power:
Following are the restrictions on the inherent powers of the Court.
i. Inherent power can't be extended to make a new law on the subject.
ii. It cannot be used against the express intention of the legislature.
iii. It cannot override the express provision of law.
iv. It cannot be used where there is remedy is provided
v. Inherent powers should not affect the substantive rights of the parties.
vi. It should not be exercised, to assist a party guilty of laches or delay.
Conclusion:
By the above discussion it can be said that the courts have inherent powers to take all steps to
execute its own orders, as this power flows from the jurisdiction itself. The power u/s 151 is
discretionary in nature, though this discretion has to be exercised only to secure ends of
Justice. Power under Sec. 151 is exercised only with respect to procedural matters, and an
application may be filed u/s 151, but in a proper case, second application can be barred by
Res Judicata.

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 Joinder, Misjoinder & Non joinder
Introduction:
The joinder of any person as a party to a suit contrary to the provisions of the code is mis-
joinder and rule 10 empowers a Court to remedy such defect. Similarly where there is non-
joinder, the Court is empowered to add the person as party under rule 10. The object
of this order is to avoid the multiplicity of suit and save disputes of numerous persons
jointly is one suit.
Relevant Provisions:
Order 1 Rule 9, 10, 13, C.P.C.
Mis-Joinder & Non Joinder Meaning:
"Mis-joinder in a civil suit means persons who were joined, as co-plaintiffs or co-defendants
in suit, by mistake or negligence or the parties to the suit. Whereas Non joinder in a civil suit
means the non joinder of the persons who ought to be joined as co-plaintiffs or co-
defendants in a suit but were not joined in such suit.
Classification of Parties:
For the purpose of non-joinder the parties to a suit can be classified into two categories,
namely.
(i) Necessary Party:
"Necessary party" means a party who ought to have been joined as parties and in whose
absence an effective decision can not be parties and in whose absence an effective
decision can not be made e.g., co-owners in a partition suit.
e.g., Partners is a partnership suit are necessary party and must be joined as co-plaintiff or
co-defendants
(ii) Proper party:
A proper, party is one whose presence is a matter of convenience to enable the Court
adjudicate effectively and completely. The absence or such party is not fatal per se to the
suit and the Court can decide the suit in so for as the rights of the parties on record are
concerned. For example, the absence of pro-forma defendant is of no consequence.
Effect of mis-joinder and non-joinder:
The non-joinder or mis-joinder of parties will not by itself defeat a suit and the Court shall
deal the matter in so far as regards the parties actually before it, shall dispose of the suit
provided it can effectively disposed of between the parties on record is concerned. Though
non-joinder is not fatal yet where there is non-joinder of a necessary party the suit will
ultimately fail. Non-joinder of necessary party in whose absence effective decree cannot be
passed will result in dismissal of suit. The absence of proper parties is per se not fatal to the
suit. The Court will decide the suit in so for as the rights of the parties on record is concerned.
Remedies For non-joinder or mis-ioinder:
Civil procedure code provides the following remedies for mis-joinder or non-joinder of
parties .in a civil suit.
(i) Substitution of parties:
Order 1 Rule 10(i) of the Code, 1908 allows the substitution of plaintiffs, if the following
conditions are satisfied:

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 (a) The suit is properly instituted.
(b) It is instituted by the name of wrong plaintiff by mistake:
(c) The mistake should be bona fide.
(d) The substitution is necessary for determining the real matter in controversy.
ii Addition of parties:
If a party whose presence is necessary for the effective and complete disposal of case, and
without which the suit cannot be effectively and completely disposed of, must be made
the parties to suit by addition.
iii Deletion of parties:
The party who is not necessary, and without which the suit is effectively or completely
disposed of, can be deleted from the names of parties.
Amendment in the pleading after mis-joinder or non-joinder of parties:
When the parties are added, substituted or deleted due to mis-joinder or non-joinder, The
Court shall allow to have amendment in the pleading accordingly provided that such
amendment would not add to or alter the nature of the suit.
Limitation:
In accordance with sec. 22 of the limitation Act of 1908, where a new plaintiff or defendant is
added or substituted, the suit shall be deemed to have been instituted in so for a person is
concerned when such a person is made a party.
Appeal against order of non-joinder and mis-joinder:
An order under rule 10 is not an appealable order unless the order in substance amounts to a
decree. However it may be objected to under sec. 105. An order made under this rule can be
recalled at any time.
Review & Revision against order of non-joinder and mis-joinder:
Question of impleading or not impleading is a matter of procedure pure and simple. Such
question can be reviewed both under section 151 in exercise of inherent power of Court and
under provisions of C. 1, R. 10(2). Order directing impleading of party in a pending suit when
amounts to a "case decided" to attract revisional jurisdiction of high Court under section 115.
Conclusion.
The suits must be instituted by or against the right persons, but if suit instituted by or against
the wrong persons, it does not defect the whole suit merely on this reason and, is curable by
addition, substitution or deletion of parties with the permission of the Court.

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 Return of the Plaint
Introduction:
When the Court lacks pecuniary jurisdiction or territorial jurisdiction, the plaint is to be
returned for presentation to the proper Court and such Court cannot pass any judicial order
except that of returning the plaint. All proceedings prior thereto are of no effect.
Relevant Provisions:
Order 7 Rule 10, Order 7 Rule 11, C.P.C.
Plaint Meaning:
Plaint is a part of pleadings, where a suit is instituted in the Court, and the claims a relief on
accrual of any cause of action in his favour and alleges the defendant responsible for such
cause of action.
Return of plaint:
According to O 7 R 10 if a plaint has -been filed in a Court having no jurisdiction to hear and
determine the matter in controversy, the plaint should be returned for proper presentation.
Mandatory Nature:
The provision of order 7 R. 10 is mandatory is nature so, the plaint should be returned and the
Court has no discretion in this regard.
Condition For The Return of Plaint:
The suit must be pending before the wrong Court and has not been finally disposed of. The
return of plaint can be ordered at any stage of the suit.
Procedure On Return of Plaint:
If a plaint is returned the judge shall enclose in his order of return the following things.
(i) The date of presentation of the suit.
(ii) The date of return of the suit,
(iii) The name of the parties who presented the suit, and
(iv) The reasons of so returning in brief.
Order of Return of Plaint:
The Judge return the plaint, regarding which he has no jurisdiction, by passing an order of
return in the prescribed manner. When the order of return of plaint has been passed, the
plaintiff has two following ways.
(i) Plaintiff may file a new suit in the proper Court, or
(ii) Plaintiff may amend the same plaintiff and present it in the proper Court.
Limitation Period
The limitation period against a plaint filed in a improper Court commences at the accrual of
cause of action and stopped when the plaint is are represented in the competent Court so the
time lost in the Court of wrong jurisdiction has no effect on the limitation period. Plaint after
being returned presented to Court of proper jurisdiction, held to be considered as a fresh
proceeding/or all infants purposes.
Appeal Against Order of Return of Plaints:
An appeal would lie against an order of return of plaint. The appellate Court is also to return
the memorandum of appeal for presentation to proper Court.

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 Rejection of Plaint and its Grounds
Introduction
It is a first duty of court, before which a suit is instituted to properly examine the plaint, for
the purpose of determining, whether it should be returned, or rejected and in order to
determine, the question of rejection it is the responsibility the court to take consideration
other materials too, order 7 Rule 11 of CPC narrate cases where plaint should be rejected.
Relevant Provisions
Following are the relevant Provisions
(i) Order 7 Rule 11 of CPC
Rejection of Plaint under Order 7 Rule 11
Text of order 7 Rule 11 of CPC
(a) Where it does not disclose a cause of action
(b) Where the relief claimed is undervalued, and the plaintiff, on being required by the court
to correct the valuation within a time to be fixed by the court, fails to do so,
(c) Where the relief claimed is properly valued, but the plaint is written upon paper
insufficiently stamped, and the plaintiff, on being require by the court to supply the requisite
stamp-paper within a time to be fixed by the court, fails to do so;
(d) Where the suit appears from the statement in the plaint to be barred by any law
Modes of Rejecting Plaint
A plaint may be rejected either by
(i) An application of the defendant
(ii) Suo motu by the court if it is liable to be rejected under order 7 Rule 11.
Grounds of Rejecting Plaint
Following are the grounds of rejecting plaint under order 7 Rule 11 of CPC
(i) Plaint not disclosing cause of action
It is a duty of plaintiff that he must be described the cause of actions in his plaint. He
must be written of plaint, when arises cause of action and where arises cause of actions.
The court readily exercise the power to reject a plaint if it does not the disclose any cause
of action.
(ii) Claimed relief is under valued
If the court is of opinion that the plaintiff valuation of suit is fictitious, it can require him
to make a correct valuation, and shall allow time for correction and can reject a plaint on
his failure to do so.
(iii) Plaint is insufficiently stamped
Every suit is instituted by filing of the plaint one of the requirements for the proper
institution of the suit is that the plaint must be properly stamped for the purposes of the
court fees under the court Fee Act, 1870. If the plaint is insufficient stamp, the court
reject the plaint under order 7 rule 11 of CPC and give a sufficient time to solve the cause
of failures.
Conclusion
To conclude it can be said that for purpose of determination whether plaint discloses a cause
of action or not, court has to presence that every-averment made in the plaint is true, power to
reject a plaint under order 7 Rule 11 must be exercised only if the court comes to conclusion
that even if all the allegations made in the plaint are proved, plaintiff would not be entitled to
any relief what so ever.

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 Pauper Suit
Introduction
The rule enables persons who are two poor they pay the prescribed court fee to institute a suit
without payment of court-fee and similarly the court may permit a regularly instituted suit to
be continued in from a pauper.
Relevant provisions
Order 33, 44, C.P.C.1908
Pauper Meaning:
A person is a “pauper” When the court fee prescribed and, he does not possessed the
sufficient means to pay such fees or When the court is not prescribed, and he is not entitled to
property worth‟s one thousand rupees other than the subject of the suit and his necessary
wearing apparel.
Suits by paupers
A person who is pauper can institute a suit for the redress of his grievance but subject the
provisions of this order.
Who Can File A Pauper Application?
It was held that pauper application should be filled by only natural person and into its ambit
and scope judicial person also include. This is a settled position in UOI vs. Khaders
International Construction Ltd. It is well settled that the provisions of Order XXXIII, Rule 1
CODE OF CIVIL PROCEDURE, 1908 have been enacted to enable poor persons to seek
justice by filling suits or appeals without court fee and in this context, the sufficient means
would not be sufficient property and includes such means on which the bare living of the
person who are plaintiff and their family members is dependent. In fact what is intended is
capacity to raise funds by norm and available means and not by any means whatsoever,
illegal or improper. It cannot be the purpose of this legislation that the indigent person should
first deprive himself of the sole means of livelihood or alienate all his assets and seek justice
in penury.
If during the pendency of suit the applicant, who is an indigent person, is died, it cannot be
said that afterwards his legal heirs can get benefit.
Contents of pauper suit
A pauper suit is a composite document consisting of An application for leave to sue as a
pauper and a plaint.
Procedure for instituting a pauper suit
The procedure to be followed where a suit is proposed to be instituted in forma paupers.
Contents of an application for leave to sue as a pauper
The application for leave to sue as a pauper must be annexed will the plaint and shall contain.
i. All the particles required in regards to plaints in suit.
ii. A schedule of any moveable or immovable property belonging the applicant with its
essential value.
iii. It shall be signed and verified in the prescribed manner as provided for the pleadings.
Presentation of application
The application for leave to sue as pauper must be presented in the following ways.
By the applicant in person, or Where personal appearance is not possible, the application may
be presented by an authorized agent who is capable of giving answer to all material question

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put to him in the Court.
Examination of applicant
This rule empowers the Court to examine the application, when the application is duly
presented not only with reference to the question of this pauperism, but also with reference to
the merits of the claim in order to ascertain whether this allegation do not show a cause of
action and the opposite party has a right to cross examine him on the merits of the claim. If
the application is presented by an agent the pauper should be examined by the commission
appointed by the court in manner as an absent witness.

Rejection of application for leave to sue as pauper

The application for leave to sue as pauper shall be rejected on any of the following grounds.
i. Where the application is not duly presented.
ii. Where the applicant is proved not a pauper after examination.
iii. Where the applicant has disposed of his property fraudulently before the two month of
presentation of an application as pauper in order to prove himself as pauper.
iv. Where no cause of action arises in favor of the applicant.
v. Where the applicant has transferred any interest to a third party relating to the
property involved in the suit.
Effect of rejection
If the application is rejected the plaint shall remains and the court may in it discretion while
rejecting the paint allow the applicant to pay the requisite court fee and in such a case the suit
shall be deemed to have been instituted on the date of the presentation.
Notice to opposite party and the Govt. pleader.
Where the application for leave to sue as paupers duly presented and not rejected the court
shall give a notice to the opposite party and the Govt. Pleader prior to the date of hearing in
order to proof or disproof pauperism of the applicant.
The notice under this rule is not notice to answer the claim but to decide the pauperism of the
applicant this notice must be given at least ten days before the date of hearing as to
pauperism.
Procedure at hearing:
On the date fix for the hearing as too pauperism of the application or as soon as may be
convenient the court shall adopt the following procedure
Examination of witnesses:
The court shall examine the witness (if any) produced by either party and make memorandum
of the substance of the evidence.
Examination of applicant or his agent:
The court may also examine the applicant or his agent as the case may be for the purpose of
determining the pauperism of the substance of their evidence.
Arguments:
The court shall also hear the arguments of both the parties in order to enable itself whether
the application is subject to rejection or not.
Allowance or refusal of application:
At the end the court shall either allow or refuse the applicant to sue as a pauper on the basis
of the evidence adduced and argument made by the parties. No appeal would lie against an

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order allowing or rejecting an application to sue as pauper but revision petition may be
competent.
Computation of limitation period
An application to sue as pauper is deemed to be made on the date of the presentation of the
application and not on the date when the application to sue as a pauper is allowed or refused.
Bar to subsequent application
On refusal of application.
Procedure on admission of application
On the admission of the pauper‟s application, the court shall put number on it and register in
the book kept for the suits in the court. It shall 136 deemed as a point in the suit and the suit
shall proceed in all other respects as a suit instituted ordinary means except the plaintiff shall
be liable to pay any court fee in respect of any petition appointment of a pleader or other
proceeding connected with the suit.
Exemption from court fee does not mean exemption from counsel fee and application liable
to such fee.
Cost Where Indigent Person Succeeds
Where the plaintiff succeeds in the suit, the court shall calculate the amount of court fees
which would have been paid by the plaintiff if he had not been permitted to sue as an indigent
person; such amount shall be recoverable by the state government from any party Ordered by
the decree to pay the same and shall be a first charge on the subject matter of the suit.
Procedure on Failure of Pauper
If the pauper suit is dismissed, the plaintiff is liable to pay the court fee which would have
been paid by sue as a pauper and he is also liable to pay the costs of the suit to the successful
defendant
Procedure Where Indigent Person Fails
Rule 11 of Order 33 of CODE OF CIVIL PROCEDURE, 1908 deals with this aspect of Suits
by indigent person. Where the plaintiff fails in the suit or the permission granted to him to sue
as an indigent person has been withdrawn, or where the suit is withdrawn of dismissed.
1. Because the summons for the defendants to appear and the answer has not been served
upon him in consequences of the failure of the plaintiff to pay the court fee or postal charges,
chargeable for such services or to present copies of the plaint or concise statement, or
2. Because the plaintiff does not appear when the suit is called on for hearing the court shall
Order the plaintiff, or any person added as a co plaintiff to the suit, to pay the court fees
which would have been paid by the plaintiff if he had not been permitted to sue as an indigent
person.

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