Q :- What is the suit of a civil nature ?

What is the nature of the suit in which right to property or to an office is

contested ?
Will it make any difference if such right depends entirely on the decision of
questions as to religious rites or ceremonies ?

Answer:- Section 9 of the Civil Procedure Code confers jurisdiction on the civil courts .
Section 9 of CPC provides that the civil courts shall have jurisdiction to try all suits of a
civil nature excepting suits of which their cognizance is expressly or impliedly barred.
What are the suits of civil nature has been explained by the Explanation I and II of
section 9 .
According to the explanation I- A suit in which right to property or to an office is
contested is a suit of civil nature notwithstanding that such rights may depend entirely
upon the decision of question as to religious rites or ceremonies .
Explanation II says that for the purpose of this section , it is immaterial whether or not
any fees are attached to the office referred to in Explanation I or whether or not such
office is attached to a particular place .
Therefore , it is clear from the Explanation I of section 9 that it will not make any
difference if such right to property or to an office depends entirely on the decision of
questions as to religious rites or ceremonies .
In the case of Vanamalia Ramanuja Jeer Vs. Shri Ranga Ramanuja Jeer , Hon’ble
Supreme Court of India laid down that the following principles are to be borne in mind
when deciding the question as to whether a right to a religious office would be a right of
a civil nature :-
i) A declaratory suit simpliciter for religious honour and privileges is not a suit of a civil
nature.
10 , Section 95 , Order 2 Rule 2 , Order 9 Rule 9 and Order 22 Rule 11 also barred to
file fresh suit .
And by the words “Suits impliedly barred “ section 9 of CPC means to say that there
are certain types of suits which are ---
i) barred by general principles of law , and
ii) barred on the ground of public policy ii) A suit for a declaration and to establish one’s
right to an office in a temple and to honours , privileges , remuneration or requisites
attached to such an office , is a suit of civil nature .
iii) In order to mean an office the holder of the office should be under a legal obligation
to discharge the duties attached to the said office and for non-observance of which
penalties can be inflicted on him .
The general rule of law is that when a religious office is situated in a temple , shrine ,
etc. , the right to such office is a right of a civil nature , even though no fees are
attached to it but when such an office is not attached to any place the right will not be of
a civil nature unless a fee is attached to the office .
The caste question is related to social privilege and so it is not a legal right but when it
relates to the property of a caste , the civil court will have jurisdiction to interfere .The
suits for vindication of dignity attached to an office are not suits of a civil nature . The
right to bury a corpse is a civil right , therefore , a suit to establish such right is a suit of
civil nature .
By the words “suits expressly barred “ section 9 of CPC means to say that there are
certain types of suits which are barred by the code itself , such as –
i) Section 11 of CPC or resjudicata barred the trial of a suit , in which the matter or issue
of the parties has already been decided by a competent court .
ii) Section 47 barred the determination of all questions relating to execution ,
satisfaction , and discharge of decrees .
iii) Section.
Some statutes also barred the jurisdiction of civil courts and conferred the jurisdiction on
Tribunals.
Suit against intruder :-
According to the Explanation I of section 9 of CPC a suit in which the right to property or
to an office is contested is a suit of a civil nature . An office may be either secular or
religious . Fees may be or may not be attached to the religious office. Explanation II to
section 9 of CPC says that it is immaterial whether or not i) any fees are attached to the
office , or ii) such office is attached to any particular place . Therefore a suit , according
to the explanations I and II of section 9 of the CPC , against an intruder for a
declaration that the office of a religious order is vested in the plaintiff is a suit of civil
nature and so such suit lies in the civil court .

Q :- What do you understand by the term decree ? What is order ? What is

the difference between decree and order ? What are the deemed decrees ?

Answer :-
Definition of Decree :-
Section 2 , sub-section 2 , of the Civil Procedure Code defines the term decree .
According to this section decree means the formal expression of an adjudication which
, so far as regards the court expressing it , conclusively determines the rights of the
parties with regard to all or any of the matters in controversy in the suit and may be
either preliminary or final . It shall be deemed to include the rejection of a plaint and the
determination of any question within section 144 , but shall not include ---
a) any adjudication from which an appeal lies as an appeal from an order , or
b) any order of dismissal for default .

A decree is preliminary when further proceedings have to be taken before the suit can
be completely disposed of . It is final when such adjudication completely disposes of the
suit . It may be partly preliminary and partly final .

The term decree does not , however include

1) any adjudication from which an appeal lies as an appeal from an order .
2) any order of dismissal for default .
The essential elements of a decree are as follows :-
1) There must be an adjudication ,i.e., a judicial determination of the matter in dispute .
The administrate decision on any matter is not a decree .
2) The adjudication must have been given in a suit . Suit means a civil proceeding
instituted by the presentation of a plaint .
3) It must have determined the rights of the parties with regard to all or any of the
matters in controversy in the suit .
4) Such a determination must be a conclusive determination . There should be a
conclusive decision and not merely an interlocutory order .
5) There must be a formal expression of the adjudication .

Definition of Order :-
The term Order has been defined by section 2 , sub-section 14 , of the Civil Procedure
Code as the formal expression of any decision of a Civil Court which is not a decree .
Orders are of two kinds , appealable orders and non-appealable orders .
The essential ingredients of an order are as follows :-
1) It should be as the formal expression of any decision .
2) The decision should be pronounced by the Civil Court .
3) The formal expression should not be a decree .

Distinction between Decree and Order :-

The essence of the distinction between decree and order lies in the nature of the
decision rather than manner of it’s expression . The main distinctions between the two
are as follows :-
1) A decree can only originate from a suit commenced by presenting a plaint . But an
order may originate from a suit , it generally arises from a proceeding commenced on
an application .
2) A decree is an adjudication which conclusively determines the rights of the parties
with regard to any or all matters in controversy . On the other hand , an order may or
may not finally determine the rights of the parties .
3) A decree may be preliminary or final but there is no such distinction in order.
4) Except in certain suits where two decrees , one preliminary and the other final , are
passed , in every suit , there is only one decree . On the other hand many orders can
be passed in a single suit .
5) A first appeal always lies from a decree , unless otherwise expressly provided by
section 96 of C.P.C . Appealability is the rule and non – appealability is the exception in
the case of a decree . However , no appeal lies from an order , unless it is one of the
appealable orders according to section 104 or Or. 43 of C.P.C .
6) In case of decree , an aggrieved party , has the right to second appeal on the
grounds mentioned in section 100 of C.P.C . But in case of appealable order an
aggrieved party does not have the right to second appeal.

What are deemed decrees ?

According to the definition , the term decree shall be deemed to include the rejection of
a plaint and the determination of any question within section 144. So when decrees are
drawn up after passing of the –
i) order of rejection of plaint and
ii) order determining any question within section 144 ,
those decrees are called deemed decrees .

Q :- Under what conditions a civil court will stay the trial of a suit ? State in
brief objects and conditions for applicability of section 10 of CPC .

Answer :-
The doctrine of res-subjudice aims to prevent courts of concurrent jurisdiction from
simultaneously entertaining and adjudicating upon two parallel litigations with respect to
the same cause of action , same subject matter and same relief claimed. This doctrine
of res-subjudice is embodied in section 10 of the Civil Procedure Code .
Section 10 of CPC lays down that 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 , or between parties under whom they or any of
them claim litigating under the same title where such suit is pending in the same or any
other court in India having jurisdiction to grant the relief claimed , or in any court beyond
the limits of India established or continued by the Central Government and having like
jurisdiction or before the Supreme Court of India.
Explanation to section 10 provides that the pendency of a suit in a foreign Court
does not preclude the courts in India from trying a suit founded on the same cause of
action .
The object of section 10 is to prevent courts of concurrent jurisdiction from
simultaneously entertaining and adjudicating upon two parallel litigations in respect of
the same cause of action , same subject matter and same relief
claimed . What is contemplated by section 10 is that institution of the second suit is not
barred , only the trial thereof shall not be proceeded . Section 10 authorises a civil court
to stay the subsequent suit and not to dismiss it . Policy of the law is to keep the plaintiff
confined in one suit or litigation . This obviates multiplicity of suits as well as the
possibility of contradictory verdicts by two or more courts with respect to the same
cause action .
To attract the provisions of section 10 the following conditions must remain
present:
1) There must be two suits , one instituted previously and the other subsequently .
2) The matter in issue in the subsequent suit must be directly and substantially the
same as like that of the previous suit .
3) The suits must be between the same parties or their successors or representatives in
interest .
4) The previously instituted suit must be pending in the same court or in any other court
in India or in any court beyond the limits of India established or continued by the Central
Government or before the Supreme Court .
5) The court in which the previous suit is instituted should be competent to grant relief
in that suit as well as in the subsequent suit .
6) The parties must be litigating in both the suits under the same title .

When the above conditions are fulfilled the court shall not proceed with the subsequent
suit . This provision is mandatory and not discretionary as the word used in the section
10 is “shall” and not “may” . The order of stay u/s 10 of CPC can be passed at any stage
of the suit .

Q :- What is resjudicata ? Enumerate the conditions which must be satisfied

in order to constitute a matter resjudicata .

Answer :- The maxim nemo debet bis vexari pro una at eadem causa means no one
should be vexed twice for the same cause . This maxim is popularly known as the
doctrine of resjudicata . Doctrine of resjudicata , which is a latin term , is embodied
in section 11 of the Civil procedure Code aiming at finality to litigation. This doctrine
was recognized much earlier in the Hindu Jurisprudence as prang – nyaya in the
Brihaspati Smriti by providing that if a person who has been defeated in a suit according
to law , files his plaint once again , he must be told that he has been defeated already.
The rule intended to prevent new investigation as well as harassment of a person again
and again in various litigations on the same cause . It is based on the two grounds:
1) public policy and 2) hardship to an individual . The principle of resjudicata does not
oust jurisdiction or cognizability of Civil Court but it bars retrial and decision once again
on the matter what is concluded . The doctrine is founded on justice , equity and good
conscience .
Pleading, its Object and Fundamental Rules
Pleadings are statements in writing drawn up and filed by each party to a case stating
what his contentions will be at the trial and giving all such details as his opponent needs
to know in order to prepare his case in answer.

“Pleading” is defined in the Code of Civil Procedure as meaning a plain or written

statement. (O. VI, R. 1).
Plaint is the statement of a claim, in writing and filed by the plaintiff in which he sets out
his cause of action with all necessary particulars.

Written statement is the statement of defence in writing and filed by the defendant in
whom he deals with every material fact alleged by the plaintiff in the plaint and also
states any new facts which may be in his favour adding such legal objections as he
wishes to take to the claim.

In some cases a plaintiff, having filed his plaint, may, with the leave of the court, file
statement, or the court may require him to file a written statement. In such cases the
written statement forms part of the plaintiff’s pleadings.

Similarly, there are cases in which the defendant having filed his written-statement may,
with the leave of the court, file an additional written statement or the court may require
him to do.

In such cases additional written statement also forms part of the defendant’s pleadings.
The plaintiffs written and the defendant’s additional written statement are termed
supplemental pleadings.

The whole object of the pleadings is to narrow the parties to definite issues and thereby
to diminish expense and delay, especially as regards the amount of testimony required
on either side at the hearing.

Rules regarding pleadings:

The rules regarding pleadings are as under:

1. A pleading must state facts and not law.

2. It must contain only material facts on which the party pleading relies for his claim or
defence.

3. It must state only the facts on which the party pleading relies for his claim or defence,
and not the evidence by which they are to be proved.

4. The facts must be in the form of a concise statement but in aiming at conciseness,
precision should not be sacrificed. The pleadings, when necessary, shall be divided into
paragraphs, numbered consecutively and each allegation being, so far as is convenient,
contained in a separate paragraph. Dates, sums and figures shall be expressed in
figures.

5. Allegations in anticipation of the opponent’s answer should not be made. The

pleading should be confined to what is material at the present stage of the suit.

6. Facts necessary for the enforcement of a legal right or duty must be mentioned. Thus
in a suit for breach of contract on account of the negligence of the defendant, it has to
be stated specifically what kind of duty the defendant owed to the plaintiff and how was
he negligent.

7. Performance of a condition precedent being implied in every pleading it need not be

alleged; the opposite party must specify distinctly the conditions, the performance or
occurrence of which he intends to contest.

8. Where the contents of any documents are material, it shall be sufficient in any
pleading to state the effect thereof as briefly as possible, without setting out the whole
or any part thereof, unless the precise words of the document or any part thereof, are
material.

9. Facts which the law presumes in one’s favour or as to which the burden of proof lies
upon the opponent need not be pleaded.

10. The party should not plead conclusions of law. The pious obligation of a Hindu son
to pay his father’s debts need not be pleaded. But foreign law and certain customs and
usages are not judicially taken notice by courts and must be pleaded as facts.

11. Legal pleas such as estoppel, limitation and res judicata may be pleaded.
12. In case where the party pleading relies on any misrepresentation, fraud, breach of
trust, willful default or undue influence, particulars shall be stated in the plaint.

The person verifying the pleading shall also furnish an affidavit in support of his
pleadings. (O. VI, R. 15(4).

Pleading Order- 6
Pleading is the beginning stage of a suit in which parties formally submit their claims and
defenses. Rule 1 defines pleading, while rule2 lays down the fundamental principles of
pleadings. Rules 3 to 13 require the parties to supply necessary particulars. Rules 14 and 15
provide for singing and verification f pleadings. Rule 16 empowers a court to strike out
unnecessary pleadings, rules 17 and 18 contain provisions relating to amendment of pleading.

Introduction :
Pleading is the beginning stage of the suit in which parties formally submit their claims and
defenses. In this, a plaintiff submits a complaint stating the cause of action, the issue or issues in
controversy. The defendant submits an answer stating his or her defenses and denials. The
defendant may also submit a counterclaim stating a cause of action against the plaintiff.
Pleadings serve an important function of providing notice to the defendant that a lawsuit has
been instituted against him. It also provides notice to the plaintiff of the defendant’s intentions in
regards to the suit.

Definition; pleading; rule 1:

“Pleading” is defined as a plaint or written statement.

According to the definition, we can say that a pleading is as follows:-
-The act of a person who pleads.
-The advocating of a cause in a court of law.
-The art or science of setting forth or drawing pleas in legal causes.
-A formal statement usually written, setting forth the cause of action or defense of a case.
Pleadings, the successive statements delivered alternately by plaintiff and defendant until the
issue is joined.

Object:
The whole object of pleadings is to bring parties to definite issue and to diminish expense and
delay and to prevent surprise at the hearing. Further that the parties themselves know what are
the matters in dispute and what facts they have to prove at the trial.
 Basic rules of pleadings rule 2:
As per the sub-rule(1) of rule 2. And on analysis, of the lays down fundamental principles of
pleadings, the following general principles emerge:-
1. Pleadings should state facts and not law;
2. The facts stated should be material facts;
3. Pleading should not state the evidence; and
4. The facts should be stated in a concise form.

Signing and verification of pleadings rules 14-15:

As a general rule, every pleading must be signed by the party or by one of the
parties or by his pleader. But if the party is unable to sign the pleading, it can be signed by any
person authorized by him. (rule -14). Similarly, every pleading must be verified by the party or
by one of the parties pleading or by some other person acquainted with the facts to the case.

Amendment of pleadings rules 17-18 :

As already stated, material facts and necessary particulars must be stated in the
pleading and the decision cannot be based on the grounds outside of the pleadings. But any time
the party may find it necessary to amend his pleadings before or during the trial of the case. So
there are some conditions of amendment of pleadings which are as follows:-
 1. That the amendment is necessary for the resolution of disputes between the parties.
 2. That there exist to possibility from the amendment to be harmful to any one of the
parties.
 3. That the time, which is needed for the amendment would not cause damage to any
legal right of the defendant.
 4. That the amendment does not in any way lead to any new proceeding.
 5. That there must exist bona fide belief on the part of the person who comes for the
amendment.
Things for which amendment in pleadings is not allowed:
 1. Where there amendment changes the nature of the suit and introduces a totally
different, new and inconsistent case or changes the fundamental character of the suit or defence.
 2. Where new relief is added or asked.
 3. Where the new cause of action is arisen by the new application.
 4. Where the effect of the proposed amendment is to take away from the other side a
legal right accrued in his favour.
 5. Where the application for amendment is not made in good faith.
Illustration: A being threatened to be dispossessed from his inherited property by B filed a
suit against B claiming in his pliant declaratory decree and permanent injunction relating to such
property. Afterward, during the continuation of the suit, A lost the right of possession by B. and
then, he wanted to add that matter in the plaint and the court granted it. This is considered as the
amendment of the plaint. Likewise, the written statement can also be amended.