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Channel Posts
"Plaintiff" is defined under CPC in—
Anonymous voting
  • A. Section 2(7)
  • B. Section 2(8)
  • C. Section 2(9)
  • D. None of the above
    • 1 more...

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🔰 When Foreign States May Sue – Short Notes (CPC, Section 84) 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Right of Foreign States to Sue A foreign State may sue in an Indian court, but only with the consent of the Central Government. https://youtube.com/c/LAWEXPLORER 2️⃣ Form of Consent Consent must be: Prior, In writing, and Given by the Central Government. https://youtube.com/c/LAWEXPLORER 3️⃣ Who May Institute the Suit The suit is filed in the name of the Ruler of the foreign State, or such person as the State authorises. https://youtube.com/c/LAWEXPLORER 4️⃣ Nature of Suits Allowed Foreign States may sue for matters such as: Enforcement of civil rights, Property disputes, Contractual disputes, Commercial transactions. https://youtube.com/c/LAWEXPLORER 5️⃣ Rationale Behind Requiring Consent To maintain: International relations, Diplomatic courtesy, Governmental control over inter-state litigation. https://youtube.com/c/LAWEXPLORER 6️⃣ Foreign State May Also Be Sued (S.86) A foreign State cannot be sued in India without Central Government consent. This reflects reciprocal sovereign immunity principles. https://youtube.com/c/LAWEXPLORER ❇️ Key Points to Remember Consent of Central Government is mandatory for suits by foreign States (S.84) and against foreign States (S.86). Ensures that Indian courts do not become forums for international political disputes. Protects diplomatic relations and sovereignty.
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Voting
Under CPC, "mesne profits" means—
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🔰 When Aliens May Sue – Short Notes (CPC) 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ General Rule An alien (a person who is not a citizen of India) has the same right to sue as a citizen if he is not an enemy. https://youtube.com/c/LAWEXPLORER 2️⃣ Alien Friends An alien friend (citizen of a country at peace with India): May sue in Indian courts. May be sued in India. Their rights are similar to that of Indian residents, subject to ordinary jurisdictional rules. https://youtube.com/c/LAWEXPLORER 3️⃣ Alien Enemies An alien enemy (citizen of a country at war with India): Cannot sue in Indian courts without permission of the Central Government. Rationale: Prevents judicial system from aiding enemies of the State during hostilities. https://youtube.com/c/LAWEXPLORER 4️⃣ Residency Factor An alien enemy who is residing in India with government permission is usually treated as an alien friend → can sue. If residing without permission, cannot sue. https://youtube.com/c/LAWEXPLORER 5️⃣ Suits Against Aliens Aliens, whether friend or enemy, may be sued in India if: Cause of action arises in India, or They reside or carry on business in India. https://youtube.com/c/LAWEXPLORER 6️⃣ Underlying Principle Based on: International comity, Equality before law, Public policy during wartime.
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Voting
Which courts are exempted from the operation of the CPC under Section 8?
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🔰 Exemption from Arrest and Personal Appearance – Short Notes (CPC) 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Exemption from Arrest in Civil Cases (Section 56 & Section 135) Certain persons cannot be arrested in execution of a civil decree. Women are absolutely exempt from arrest in execution of a decree for money (S.56). Under Section 135, the following persons are exempt from arrest: Judges, Magistrates and other judicial officers, Members of Parliament or State Legislatures during sessions, Persons going to, attending or returning from court. Purpose: to ensure performance of public duties and dignity of office. https://youtube.com/c/LAWEXPLORER 2️⃣ Exemption From Personal Appearance in Court (Section 132) Certain persons are not required to personally appear in court: Women who, according to the customs of the country, ought not to appear in public (Pardanashin women). High-ranking officials, such as: President & Vice-President, Governors, Judges of Supreme Court/High Courts, Ministers and other dignitaries (under relevant laws/customs). Court issues commission to record their evidence instead of calling them to appear. https://youtube.com/c/LAWEXPLORER 3️⃣ Exemption for Public Officers (Section 133) Court may dispense with personal attendance of public officers if: Their presence is not essential, and They cannot attend due to official duties. Court can: Take evidence by commission, or Permit filing of an affidavit. https://youtube.com/c/LAWEXPLORER 4️⃣ Reason / Object To protect: Dignity of office, Public interest, Essential governmental functions, The modesty of women (in certain communities). https://youtube.com/c/LAWEXPLORER 5️⃣ Key Points to Remember Exemption is not absolute; court may require attendance if necessary. These exemptions apply only to civil proceedings, not criminal proceedings. Court must balance privilege vs. justice.
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Voting
Section 8 CPC deals with—
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🔰 Suits by or Against Government – Short Notes (CPC) 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Parties to the Suit (S.79) When the Central Government is sued → the suit is filed in the name of the Union of India. When a State Government is sued → the suit is filed in the name of the State (e.g., State of Maharashtra). https://youtube.com/c/LAWEXPLORER 2️⃣ Notice Before Suit (S.80) ✨ Mandatory notice must be given: To the Secretary to the Government of India (for Union), or State’s Secretary / Collector (for State). ✨ Notice period: 2 months before filing the suit. ✨ Must state: Cause of action, Relief claimed, Name, description, place of residence of plaintiff. ✨ Exception: Court may allow a suit without notice in urgent cases seeking immediate relief, but must give government reasonable opportunity to respond. https://youtube.com/c/LAWEXPLORER 3️⃣ Procedure When Government is a Party (Order 27) Process must be served on: Government Pleader or Officer appointed for receiving notices. Time for filing written statement is usually extended (up to 3 months). https://youtube.com/c/LAWEXPLORER 4️⃣ Government Pleader (O.27 R.8B) Represents the Government in all suits. Court must give reasonable time to Government Pleader for instructions. https://youtube.com/c/LAWEXPLORER 5️⃣ No Personal Appearance Required (O.27 R.5) Government officers need not appear personally unless court directs otherwise. https://youtube.com/c/LAWEXPLORER 6️⃣ Execution of Decree Against Government (S.82) No arrest of Government officers. No attachment of Government property. Decree can be executed only after: 3 months from the date of decree. Decree is satisfied through payment from government funds. https://youtube.com/c/LAWEXPLORER 7️⃣ Special Protection Court may not pass: Ex parte decrees easily, Orders without giving government enough opportunity. https://youtube.com/c/LAWEXPLORER 8️⃣ Rationale To ensure: Protection of public revenue, Proper representation of government, No disruption of administrative machinery.
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Voting
Application of the Code to Revenue Courts
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🔰 Letter of Request – Short Notes (CPC) 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Meaning A Letter of Request is a formal request sent by an Indian court to a foreign court or authority to perform a judicial act such as recording evidence when the witness is outside India. https://youtube.com/c/LAWEXPLORER 2️⃣ Legal Basis Section 78 CPC – empowers Indian courts to issue commissions to foreign courts. Order 26 Rules 19–22 – provide the procedure for sending a letter of request. https://youtube.com/c/LAWEXPLORER 3️⃣ Purpose Used when a witness: Resides abroad, Cannot be compelled to attend Indian court, or When it is costly, inconvenient or impractical to summon them to India. https://youtube.com/c/LAWEXPLORER 4️⃣ What the Letter Contains Usually includes: The questions to be answered, Authority to record evidence on oath, Directions to transmit evidence back to the issuing court. https://youtube.com/c/LAWEXPLORER 5️⃣ Execution The foreign court records the evidence (either orally or by written interrogatories) and sends: The deposition, Documents, and Certificate of execution back to the Indian court. https://youtube.com/c/LAWEXPLORER 6️⃣ Use of the Evidence The evidence recorded abroad is treated as if recorded by the Indian court (subject to objections on admissibility). https://youtube.com/c/LAWEXPLORER 7️⃣ Reciprocity Letters of request can also be received by Indian courts from foreign courts. Indian courts then act as a commissioner for the foreign court (O.26 R.20). https://youtube.com/c/LAWEXPLORER 8️⃣ Object Facilitates cross-border evidence collection, Avoids delay and heavy expenses, Ensures effective adjudication in cases involving international witnesses or documents.
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Voting
As per Section 6 of CPC, no court shall exercise jurisdiction over suits exceeding its—
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🔰 Power of Court to Issue Commissions – Short Notes (CPC) 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Meaning A commission is an order by which the Court appoints a person (Commissioner) to perform certain judicial functions such as local inspection, examination of witnesses, taking accounts, etc. https://youtube.com/c/LAWEXPLORER 2️⃣ Statutory Basis Section 75 CPC gives the Court general power to issue commissions. Order 26 contains detailed procedural rules. https://youtube.com/c/LAWEXPLORER 3️⃣ Purposes for Which Commission May Be Issued Under Section 75, the Court may issue a commission for: ⭐️ Examining witnesses ⭐️ When witness is unable to attend, or to save expense or delay. ⭐️ Local investigation ⭐️ To ascertain matters like boundaries, physical conditions, possession, easements, etc. ⭐️ Examination or adjustment of accounts ⭐️ Useful in partnership suits, mortgage suits, mesne profits, etc. ⭐️ Partition of immovable property ⭐️ Commissioner prepares a partition plan. ⭐️ Scientific, technical or expert investigation e.g., fingerprint analysis, valuation, engineering inspection. ⭐️ Performance of ministerial acts Such as sale of property, delivery of property, or other procedural tasks. https://youtube.com/c/LAWEXPLORER 4️⃣ Discretion of Court Grant of a commission is not a matter of right; it is at the discretion of the Court. Court considers: Interests of justice Convenience Avoiding delay and costs https://youtube.com/c/LAWEXPLORER 5️⃣ Duties and Powers of Commissioner Must act within terms of the order. Has authority to: Record evidence Make measurements Prepare reports or plans Must submit a signed report to the Court (O.26 R.10). https://youtube.com/c/LAWEXPLORER 6️⃣ Report of Commissioner Commissioner’s report has evidentiary value. It is not binding on the Court, which may: Accept it Reject it Order a fresh or additional commission https://youtube.com/c/LAWEXPLORER 7️⃣ Commission to Foreign Court (S.78) Indian courts may issue commissions to foreign courts for examination of witnesses outside India. https://youtube.com/c/LAWEXPLORER 8️⃣ Purpose / Object To facilitate effective adjudication. To obtain accurate and technical information. To expedite trial and reduce unnecessary complications.
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Voting
Section 6 CPC provides—
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🔰 Resistance to Execution – Short Notes (CPC, O.21 R.97–103) 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Meaning When the decree-holder or auction purchaser is obstructed or resisted while obtaining possession of property in execution, it is termed resistance to execution. https://youtube.com/c/LAWEXPLORER 2️⃣ Who Can Complain? (R.97) The decree-holder or purchaser may apply to the executing court if: They are resisted or Obstructed by the judgment-debtor or any other person. https://youtube.com/c/LAWEXPLORER 3️⃣ Court’s Duty (R.97 & R.98) Court must: Adjudicate the complaint. Determine the rights, title and interest of the parties. If resistance is without just cause, court orders: Removal of obstruction Delivery of possession Possibly detention of the obstructing party. https://youtube.com/c/LAWEXPLORER 4️⃣ Bona Fide vs. Mala Fide Obstructor If obstruction is without legal right → court removes them and may impose costs or detention (R.98). If obstruction is by a person claiming independent rights (e.g., tenant, purchaser) → court must decide their claim (R.99–101). https://youtube.com/c/LAWEXPLORER 5️⃣ Remedy of Third Party Dispossessed (R.99) A person dispossessed other than the judgment-debtor may apply to the executing court to be restored to possession. https://youtube.com/c/LAWEXPLORER 6️⃣ Scope of Enquiry (R.101) The executing court decides all questions of right, title or interest related to the property. No separate suit shall lie → i.e., executing court’s decision is final. https://youtube.com/c/LAWEXPLORER 7️⃣ Bar to Fresh Suit (R.103) Orders under Rules 98, 99 & 101 have the force of a decree. No separate civil suit is allowed → remedy only by appeal, not a fresh suit. https://youtube.com/c/LAWEXPLORER 8️⃣ Objective of the Provision To prevent: Delays in execution Filing of fresh suits To ensure that execution proceedings are effective and final.
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Voting
Section 5 CPC provides—
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🔰 Private Alienation of Property After Attachment to be Void – Short Notes (CPC, S. 64) 🔰 https://youtube.com/c/LAWEXPLORER 🔥 General Rule: Once a property has been attached by a Court in execution of a decree, the judgment-debtor cannot transfer or create any interest in that property. https://youtube.com/c/LAWEXPLORER 🔥 Effect of Transfer: Any private sale, gift, mortgage, lease or other alienation made by the judgment-debtor after the attachment is void against all claims enforceable under the attachment. https://youtube.com/c/LAWEXPLORER 🔥 Purpose of the Rule: To prevent the judgment-debtor from defeating the execution proceedings by transferring the property and frustrating the rights of the decree-holder. https://youtube.com/c/LAWEXPLORER 🔥 Operates Automatically: The prohibition applies from the date of attachment, regardless of whether third parties were aware of the attachment. https://youtube.com/c/LAWEXPLORER 🔥 Exception – Registered Contracts (Proviso): A transfer is not void if: It is made in pursuance of a contract entered into before the attachment, and The contract was registered before the date of attachment. https://youtube.com/c/LAWEXPLORER 🔥 Effect on Third Parties: Purchasers from the judgment-debtor acquire no title against the decree-holder; the decree-holder can continue execution. https://youtube.com/c/LAWEXPLORER 🔥 Public Policy Consideration: Ensures that court processes are not defeated by fraudulent or collusive transfers.
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Voting
Section 4 of CPC provides—
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🔰 Property Liable to Attachment and Sale in Execution of Decree - Section 60 CPC 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ General Rule Under Section 60(1) CPC, all saleable property belonging to the judgment-debtor (JD)—whether movable or immovable, whether held individually or jointly—is liable to attachment and sale in execution of a decree. This includes: Lands, houses, buildings Goods, cash, bank accounts Shares, debts, actionable claims Salary (subject to limitations) Movable assets like vehicles, jewellery, etc. https://youtube.com/c/LAWEXPLORER 2️⃣ Property Liable to Attachment The following properties can be attached and sold: A. Immovable Property Houses, buildings, land Rights or interests in land (leasehold rights, etc.) B. Movable Property Money, bank balances Vehicles, stocks, furniture Livestock, agricultural produce Shares, securities, bonds Debts due to JD Actionable claims C. Salary Salary is attachable only to a limited extent: First ₹1,000 + two-thirds of the remainder is exempt Only one-third of salary is attachable (after basic exemptions) Special rules apply for maintenance decrees https://youtube.com/c/LAWEXPLORER 3️⃣ Property NOT Liable to Attachment Section 60(1) includes a proviso listing properties exempt from attachment. These include: A. Essential and livelihood items Necessary wearing apparel Bedding Tools of artisans Books of account Implements of husbandry Tools necessary for livelihood Houses of agriculturists Agricultural land of agriculturists (in many states) B. Salary (certain portion) First ₹1,000 and 2/3rd remainder is exempt (for ordinary decrees) Full salary exempt after 24 months of continuous attachment C. Stipends and pensions Pension, gratuity, provident fund Allowances of military/naval/air force personnel Political pensions D. Insurance and retirement-related funds Provident fund Compulsory deposit schemes Government annuities E. Personal property Right of personal service Personal pay and allowances of public servants Tools and materials needed for professional practice F. Others Wages of labourers and domestic servants Portions of salary under conditions (as above) https://youtube.com/c/LAWEXPLORER 4️⃣ Object of Section 60 To protect the basic means of livelihood of the JD. To allow execution without depriving JD of survival necessities. To balance creditor’s rights and debtor’s protection. https://youtube.com/c/LAWEXPLORER 5️⃣ Case Law ✨ State of Punjab v. Kailash Nath (1989) Salary attachment must follow the statutory limits strictly. ✨ Union of India v. Jyoti Chit Fund (1976) Provident Fund is absolutely exempt from attachment. https://youtube.com/c/LAWEXPLORER ❇️ Quick Revision Line Section 60 CPC: All saleable property of the judgment-debtor is attachable except items essential for livelihood, pensions, provident fund, necessary tools and protected salary portions.
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Voting
Under Section 3 CPC, District Court is subordinate to—
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🔰 Release on Ground of Illness: Section 59 Code of Civil Procedure, 1908 🔰 1️⃣ Statutory Provision Section 59 CPC deals with the release of a judgment-debtor (JD) from civil prison on the ground of illness. 2️⃣ Meaning If a judgment-debtor becomes seriously ill either before detention or while in civil prison, the Court may order his release. The purpose is to prevent danger to health or life. 3️⃣ When Court May Order Release The JD may be released if: Detention will endanger his health, OR The JD becomes seriously ill while being detained. https://youtube.com/c/LAWEXPLORER 4️⃣ Important Points Release under Section 59 does not cancel or satisfy the decree. The decree-holder can still proceed with other modes of execution, such as: Attachment of property Sale of assets Appointment of receiver If the JD recovers later, he may be re-arrested (unless already released after full detention under Section 58). https://youtube.com/c/LAWEXPLORER 5️⃣ Objective To ensure that civil imprisonment is humane and does not endanger life. Prevents execution proceedings from becoming punitive or cruel. https://youtube.com/c/LAWEXPLORER 6️⃣ Example B is detained in civil prison for a money decree. After 2 weeks he develops a serious heart condition. Upon medical certification, the court may release B on the ground of illness. The decree-holder may still attach B’s property to recover the amount. https://youtube.com/c/LAWEXPLORER 7️⃣ Case Reference Jolly George Varghese v. Bank of Cochin (1980) The Supreme Court emphasized that civil detention must not be oppressive and must respect human dignity. https://youtube.com/c/LAWEXPLORER 8️⃣ Quick Revision Line Section 59 CPC: If imprisonment would endanger the health or life of the judgment-debtor, the court may release him, but the decree remains enforceable by other means.
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