anand law classes

                                                                                  Lecture -6   Q 6. (a) what do you mean by jurisdiction. what are the various kind of Jurisdiction? Q 6 (b) What do you mean by the place of suing? what is the place of filling suits other than that pertaining to movable property or tort to the person or movable property? Q 6. (c) what is the place of suing for torts to a person or movable property. Q 6 (d) What are the rules regarding the determination of place of suing. (i)                 In case of dispute regarding the immovable property. (ii)              In case of a claim for damages for a tort. (iii)            In case of breach of contract. Jurisdiction:- “Jurisdiction” means the authority to decide. Jurisdiction means the extent of the authority of a court to administer justice prescribed with reference to subject-matter, pecuniary value and territorial limits. Consent can neither confer nor take away the jurisdiction of a cour

                                                              Lecture-5 Q.   5. What do you mean by plaintiff & defendant? what do you mean by   Performa defendant. Q 5 (b) what is the difference between a necessary and proper party to a suit. What is the effect of non-joinder of proper parties in a suit. Q   5(c)what do you mean by joinder and non joinder of parties. Q 5 (d) what do you mean by misjoinder of parties. Q 5 (e) Where the plaintiff or defendant is a minor or person of unsound mind statement to that effect. Q 5 (e)What do you mean by “legal representative” and next friend. Plaintiff:- Plaintiff is the person who brings a suit or commences an action against the defendant. It is the plaintiff who approaches a court of law by filing a suit for reliefs claimed in the plaint. Defendant:- Defendant is a person against whom a civil suit filed by the plaintiff in the court of law. A defendant is a person against whom relief is claimed by a plaintiff. Perfor

                                    Lecture--4 Q 4. what do you mean by cause of action. What are the rules regarding joining of cause of action? Define Mis-joinder of cause of action? What order would civil court judge pass in cause where the plaint does not disclose any cause of action? Cause of Action:- Cause of action is the foundation of the suit. It must be antecedent to the institution of the suit and on the basis of it, the suit must have been filed. Cause of action maybe defined as “The bundle of facts recorded to be stated in a plaint is said to cause of action”(Arun aggarwal v. World Association for Small and Medium Enterprises, 2009(157)DLT 99). Generally stated the cause of action means every fact   which is necessary to establish to establish to support right or obtain judgment. To put it differently, it means bundle of essential facts which, it is necessary for the plaintiff to prove before he can succeed in the case (Oskar Louis v. K.V. Saradha, AIR 1991 Ker 137)

                                              Lecture --3 Q 3.   How a suit is to be instituted. What are the rules relating to the institution of suits? Institution of Suit:-  According to Section 26 CPC, a suit is instituted by the presentation of a plaint or in such other manner as may be prescribed by rules made by High Court. Since these rules are different with different High Courts, the requirement for institution suit are not uniform. With a view to bringing uniformity and by down simple procedure to complete the pleadings, Clause 2 amends Section 26 of the code and provide that facts must be proved by affidavit in every plaint. The affidavit should contain the genuineness of the claim made by the plaintiff and the document on which he relies upon to establish his claim. If all the things are stated in the affidavit there may not be any need to have oral evidence. The suit will have to decree on the basis of the averment made in the affidavits unless they are contradicted by th

  Lecture -1 Q. 1 What do you mean by Civil right, civil proceeding and Suit of Civil Nature? (b) “ A civil court shall have jurisdiction to try all the suits of civil nature, unless barred.” Explain the term suit of civil nature in this provision. (c) How will you decide that a suit is of civil nature? Are the following suits of civil nature: (i)                           Right to take out a religious procession. (ii)                        Right of Pardanashin lady to observe Purda. (iii)                     Right to franchise. Section 9 Court to try all civil suits unless barred- The courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of civil nature excepting suit of which their cognizance is either expressly or impliedly barred. The word “civil” pertains to rights and remedies of a citizen as distinguished from criminal, political, etc. The expression “civil proceedings” covers all proceedings in which a party asserts the civ

 Lecture-2 Q. 2 Define suit and Plaint, what are the essential elements of plaint under Civil Procedure Code, 1908. Suit:- The word “Suit” ordinarily means a civil proceeding instituted by the presentation of a plaint. In its comprehensive sense, the word “suit” is understood to apply to any proceeding in a court of justice by which an individual pursues that remedy which the law permits.   The frame of Suit (Order II Rule 1) Order II Rule 1, CPC lays down the rules for framing a suit. Accordingly,   it requires that every suit should as for as practicable, be so framed as to afford grounds for final decision upon the subject matter in dispute and to prevent further litigation concerning it. The object of this rule is to give effect to the maxim interest republicae ut sit finish litium, that is, it is the interest of the State that there should be an end to litigation. Penalty for non-compliance:- The penalty for non-compliance with the rule is provided partly by Section