How a civil suit is filed, tried, appealed and executed — jurisdiction, res judicata, injunctions, and the rejection of a plaint. A curated selection; not the complete text.
Provided for study purposes. Cross-check against the official source (India Code / the relevant government gazette) before citing or relying on this text — amendments and corrections may not be reflected here.
The courts shall, subject to the provisions of this Code, have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.
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 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.
No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they claim, litigating under the same title, in a court competent to try such subsequent suit, and has been heard and finally decided by that court.
Subject to the preceding limitations, every suit shall be instituted in a court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain; or, where there are several defendants, where any of them so resides or carries on business, provided the leave of the court is given or the other defendants acquiesce; or where the cause of action, wholly or in part, arises.
Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. In every plaint, facts shall be proved by affidavit.
Where the decree is for the payment of money, the court may order interest at such rate as it deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on that sum for any period prior to the institution of the suit, with further interest on the aggregate sum from the date of the decree to the date of payment.
All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the court executing the decree and not by a separate suit.
Where it appears to the court that there exist elements of a settlement which may be acceptable to the parties, the court shall formulate the terms of settlement and give them to the parties for their observations, and may reformulate the terms and refer the matter for arbitration, conciliation, judicial settlement including settlement through Lok Adalat, or mediation.
Save where otherwise expressly provided, an appeal shall lie from every decree passed by any court exercising original jurisdiction to the court authorised to hear appeals from the decisions of that court. No appeal shall lie from a decree passed by the court with the consent of parties, or, save on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes where the value of the subject-matter does not exceed the prescribed amount.
An appeal shall lie to the High Court from every decree passed in appeal by any court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law. The memorandum of appeal shall precisely state the substantial question of law involved, and where the High Court is satisfied that such a question is involved it shall formulate that question and hear the appeal on it.
Where any period is fixed or granted by the court for the doing of any act prescribed or allowed by this Code, the court may, in its discretion, from time to time enlarge such period, not exceeding thirty days in total, even though the period originally fixed or granted may have expired.
Nothing in this 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.
The plaint shall be rejected where it does not disclose a cause of action; where the relief claimed is undervalued and the plaintiff, on being required to correct the valuation, fails to do so within the time fixed; where the relief claimed is properly valued but the plaint is written upon paper insufficiently stamped and the plaintiff fails to supply the requisite stamp-paper; where the suit appears from the statement in the plaint to be barred by any law; where it is not filed in duplicate; or where the plaintiff fails to comply with the provisions of Rule 9.
Where it is proved by affidavit or otherwise that any property in dispute is in danger of being wasted, damaged or alienated by any party, or wrongfully sold in execution of a decree, or that the defendant threatens to remove or dispose of their property with a view to defrauding creditors, or threatens to dispossess the plaintiff or otherwise cause injury in relation to the disputed property, the court may grant a temporary injunction to restrain such act until the disposal of the suit or until further orders.