Escolar Documentos
Profissional Documentos
Cultura Documentos
Essentials of a Suit
Name of Parties
Cause of Actions
Subject matter
Relief claimed by the plaintif
Name of Parties
Necessary Party, Proper Party, Joinder, nonjoinder and misjoinder of parties in a suit
Cause of action
Fundamental Rules
Subject Matter
Relief Claimed
2.
Orders I to XXI
DECREE 2(C.P.C.)
Decree means 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 matter in
controversy in the suit,
and it may be either preliminary or final.
It shall be deemed to include
the rejection of plaint
Determination of question U/S144 C.P.C.
But shall not include
Explanation
2.
3.
Decisions of a Court
Adjudication of a Court
It is of two kinds:
Decree S2(2)
Order - S2(14)
Appelable Orders
Non appealable orders
Types of Decree
Preliminary Decree
When an adjudication decides the right of the parties
with regard to all or any matter of controversy in the suit,
but does not completely dispose of the suit
Final Decree
Final Decree
Rejection of Plaint
Orders
Appelable Orders
Essentials of judgment
1. Concise statement of Case,
2. Points for determination
3. decision thereon &
4. reason for such decision.
Foreign Judgment
PERIOD OF LIMITATION
By Mortgager
To redeem
- 3Yrs.
To recover possession of immovable property mortgaged 12 Yrs.
To recover surplus collections by mortgagee -3Yrs.
PERIOD OF LIMITATION IN
execution of decree
IMPORTANT POINT
Binding precedent
Persuasive value
Distinction
On fact situation
Development
Order of abetment
Compromise decree or consent decree
Holding a particular defendant liable for mesne profit
Dismissal of appeal as time barred
Dismissal of appeal for deficiency of court fee or for want
of extra court fee
Dismissal of suit or appeal for want of evidence of proof
Order dissolving partnership
Order rejecting surety to pay debt of judgment debtor
Refusing of granting installment
Admission of execution application
Order U/S 25 of the Hindu Marriage Act
Remand order conclusively determines the right of the
parties.
ORDER REJECTING THE PLAINT