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CPC Notes

The document discusses the inherent powers of civil courts in India under Section 151 of the CPC, emphasizing that these powers can be invoked in situations not explicitly covered by the code. It outlines the structure and jurisdiction of civil courts, including the distinction between small causes courts and district courts, as well as the principles governing jurisdiction. Additionally, it highlights the procedural and substantive laws, noting that procedural law is generally retrospective while substantive law is prospective.

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0% found this document useful (0 votes)
5 views4 pages

CPC Notes

The document discusses the inherent powers of civil courts in India under Section 151 of the CPC, emphasizing that these powers can be invoked in situations not explicitly covered by the code. It outlines the structure and jurisdiction of civil courts, including the distinction between small causes courts and district courts, as well as the principles governing jurisdiction. Additionally, it highlights the procedural and substantive laws, noting that procedural law is generally retrospective while substantive law is prospective.

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2022043
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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5 February 2024

Inherent power of the court:


Code v act- code is exhaustive in nature it won’t be able to cover all situations when the code
is silent the court can invoke this power: inherent power all courts have under sec 151 of cpc,
civil courts have inherent power
Civil courts can meet any power to meet the justice
Rejection of plaint on 7 grounds under order 7 rule 11 cpc suppose its discriminatory but the
court does not explicitly mention this ground the court can invoke its power under sec 151
This code, made in 1908 extends whole of India except Nagaland. The code contains 158
sections and 51 orders
1st schedule there are 51 orders why orders and rules have been kept on separate pedestal than
provisions
Sections v orders (2 differences: parliament, and nature)
Sections are basic guiding principles but the rules and provisions are detailed provisions
The power to amend orders has been delegated to high courts and parliament
Sections can be amended by parliament only
Provisions of crpc can only be amended by parliament as criminal law affects life and liberty
Civil practice manual contains further rules made for effective implementation of substantive
rights.
In India only 4 hc can exercise original civil jurisdiction (only these courts can frame the
rules)
mumbai, delhi, madras, calcutta
jurisdiction and constitution of civil courts
cpc into 4 parts: 1. general provision or stages of civil litigation,
2. special suits: plaintiff and defendant when either of the party is govt or minor special party
there is special provision for such parties like if its govt we need to issue 2 months notice
3. supplementary proceedings includes injunction what is order 39 when it can be granted
and when it cant court receiver order 40
4. miscellaneous provisions include res judicata sec 10
6 February 2024
Procedural law is based on the principle where there is a law there is remedy
Substantive civil law is presumed to be prospective
Procedural law is presumed to be retrospective although cpc is procedural law, it is
prospective
Sections v orders:
Civil code manual can override cpc code
Letters patent official written order of head of the state high courts at Bombay madras were
created by letters patent written published order by the head of the state hc were estd for the
first time at Bombay madras Calcutta by letters patent that’s why we call them as chartered
hcs that’s the reason unlike other high courts they can exercise original civil jurisdiction sec
129 is similar to sec 372 of constitution
Types of civil courts in India
In 1861, high courts act 1861 and Indian councils act 1861
High courts act 1861 authorised the queen to establish Bombay hc for Bombay and Calcutta
hc for bengal and madras hc for madras presidency estd through letters of patent
Bombay on 14th august 1862
Calcutta on 2nd July 1862
Madras on 15th august 1862
Karnataka hc was estd by Karnataka hc act 1861
This act authorises gov general of India to establish other subordinate courts in India
Small causes court v Provisional small causes court
Small causes court estd in Bombay madras clacutta are called presidency small causes court
and these small causes court estd in other than presidency towns small causes court are called
as provisional small causes court e.g. in pune, Hyderabad, Bangalore, we have provisional
small causes courts
Small causes court v district court: small causes court are special courts not civil courts, estd
so that other small courts are not overburdened that’s why estd where population is more
subsequently it was realised that there is need to establish small causes court in other areas
this power is delegated to state govts
Small causes court deal with petty case and so jurisdiction is limited a list has been given
where small causes court cant exercise the jurisdiction (section 19) they can deal with minor
matters like rent matters e.g. in Mumbai a dispute between tenant and landlord small causes
court will have jurisdiction, suit for compensation in case of breach of contract, suit for
trespass whereas jurisdiction of normal civil court is not restricted, unlimited while small
causes court have restricted jurisdiction. Generally, civil courts always have jurisdiction
unless their cognisance is specially barred expressly or impliedly.
Structure of civil courts refer to ppt
There is no uniformity as to the constitution of civil courts for e.g. in Maharashtra there is a
provision of additional district judge but this is not in Delhi Tamil Nadu west Bengal.
A petition for dissolution of marriage can only be filed in district courts (sec 19 of hma but
jhaan family court and dist court dono hai whan family court mein sirf file hoga otherwise
dist court)
Sec 3 of cpc: subordination: dist court is subordinate to hc, civil judge is junior division and
senior division is subordinate to dist court judge of small causes court is also subordinate to
dist court, small causes court is at par with civil judge
Jurisdiction
Types of jurisdiction, principles of jurisdiction, authority or power of the court to dispose the
matter: jurisdictional fact
Principles of jurisdictions (6); kinds of jurisdiction (original, appellate)

7 February 2024
In whose jurisdiction a cause of action arises. It is a jurisdictional fact.
6 fundamental principles of jurisdiction.
1. Whether a court has jurisdiction or not it will depend on case put forward by the
plaintiff not on defence taken by defendant
Declaratory decree: ?
Abdullah v galappa 1985
Just claiming in your ws, that you are tenant we can transfer the case to special authorities on
the face of it, it will depend only on the plaint
2. If 1 court doesn’t have a jurisdiction it cant assume such a jurisdiction on
sustainable gorunds. In case it happens, the remedy is writ a person can approach the
court with writ.
Ongc v Utpal Kumar basu
Calcutta hc assumed its jurisdiction even though no cause of jurisdiction arose. SC issued
writ petition. jurisdiction is something created by law court cant assume it
3. When the court does not have jurisdiction, contract between plaintiff and defendant
cant create such jurisdiction; jurisdiction is created by law; patel roadways ltd v
prasad trading company
4. Contract cant exclude a jurisdiction. Plaintiff and defendant can’t enter into an
agreement to exclude the jurisdiction of that court. Parties by their agreement cant
exclude the jurisdiction of the court. this rule will only be applicable if 1 particular
court has the jurisdiction; new moga transport system
5. (this rule will only be applicable) If 2 or more courts have jurisdiction
simultaneously in such a case parties may by their agreement may exclude the
jurisdiction of 1 court this rule is called as principle of dominis litus.
Hakram Singh v gammon (1971)
A construction contract between a and b the head office of mr b was at Varanasi they
have decided that as the contract was entered in Bombay any dispute that arises will
be decided in Bombay so when the dispute arose, A approached Varanasi court when
the case reached SC, SC said such an agreement is permitted.
6. When Court of exclusive jurisdiction has the right to decide a matter they are
supposed to consider that concerned issue only, the jurisdiction of civil court is not
taken away to decide other matters.
LIC v india automobiles
(Debt recovery nclt) rent control authority: court of exclusive jurisdiction, in this case
it will determine the fair rent between the plaintiff and defendant civil court has no
jurisdiction to pre determine it but this fact does not mean that civil jurisdiction has no
power to decide other matters related to cpc

Subject matter/categories of jurisdiction:


1. Civil and criminal court
E.g. defamation trespass- wrongs both civil and criminal so can the party initiate
case in both matters
2. Territorial or local jurisdiction- local jurisdiction is very imp it is determined by
notification of the state govt or central gov (as it is a subject of concurrent list) sec
15 to 21 of cpc lays down the rules regarding the forum or place for instituting a
suit every suit shall be instituted in court of lowest grade competent to try. It is a
rule of procedure that is we need to implement it liberally
1st rule: Sec 15 does not mean that court of highest grade cant try a suit cognisable
by court of lowest grade.
2nd rule: Sec 16 of cpc if the suit is related to immovable property the suit must be
instituted in the court within the local limits of which such a property is situated.
Different clauses of this
3rd rule: Immovable property belonging to 2 jurisdictions, the party may institute a
suit in court of any jurisdiction. (sec 17 of cpc) E.g. if a property belonging to
Delhi Gurgaon border the parties can institute a suit in any jurisdiction: Delhi or
gurgaon.
4th rule: If there is an area but there is uncertainty as to its jurisdiction and there is
no govt notification any court that claim to have jurisdiction may proceed with the
suit after recording the uncertainty; now this rule is practically irrelevant as all the
jurisdictions very well defined but since the object of law is to cover all possible
situations, hence this law. (sec 18)

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