Under Section 2, a “document” can be in:
Anonymous Quiz
7%
A) Written form only
6%
B) Electronic form only
86%
C) Any form, written or electronic
2%
D) Oral form only
🔰 When Foreign Judgment Not Conclusive – Section 13, CPC 🔰
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1️⃣ Statutory Provision:
Section 13 of the Code of Civil Procedure, 1908 defines when a foreign judgment shall not be considered conclusive between the parties.
“A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties, except—” (followed by six exceptions).
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2️⃣ Meaning:
A foreign judgment means a decision given by a court situated outside India, in a country not governed by Indian laws.
Generally, foreign judgments are conclusive and binding between the parties regarding matters decided.
However, Section 13 lists exceptions where such judgments are not conclusive.
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3️⃣ Object / Purpose:
To ensure that only fair, competent and lawful judgments of foreign courts are recognized in India.
Prevents enforcement of judgments obtained unjustly or without due process.
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4️⃣ Case Laws:
📌 Satya v. Teja Singh (AIR 1975 SC 105):
Foreign divorce decree not recognized as husband misled the foreign court; held obtained by fraud and without jurisdiction.
📌 R. Viswanathan v. Rukn-ul-Mulk Syed Abdul Wajid (AIR 1963 SC 1):
Foreign judgment is conclusive only if pronounced by a competent court observing principles of natural justice.
📌 International Woollen Mills v. Standard Wool (U.K.) Ltd. (2001) 5 SCC 265:
Ex parte judgment without trial on merits not conclusive under Section 13(b).
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5️⃣ Relation with Section 14 CPC:
Section 14 provides that courts shall presume the competence and regularity of a foreign judgment unless the contrary is proved.
But if any Section 13 exception applies, the presumption under Section 14 is rebutted.
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6️⃣ Example:
A foreign court passes a judgment against B without giving him an opportunity to present his defense.
➡️ Such a judgment is opposed to natural justice (Section 13(d)), hence not conclusive in India.
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1️⃣ Statutory Provision:
Section 13 of the Code of Civil Procedure, 1908 defines when a foreign judgment shall not be considered conclusive between the parties.
“A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties, except—” (followed by six exceptions).
https://youtube.com/c/LAWEXPLORER
2️⃣ Meaning:
A foreign judgment means a decision given by a court situated outside India, in a country not governed by Indian laws.
Generally, foreign judgments are conclusive and binding between the parties regarding matters decided.
However, Section 13 lists exceptions where such judgments are not conclusive.
https://youtube.com/c/LAWEXPLORER
3️⃣ Object / Purpose:
To ensure that only fair, competent and lawful judgments of foreign courts are recognized in India.
Prevents enforcement of judgments obtained unjustly or without due process.
https://youtube.com/c/LAWEXPLORER
4️⃣ Case Laws:
📌 Satya v. Teja Singh (AIR 1975 SC 105):
Foreign divorce decree not recognized as husband misled the foreign court; held obtained by fraud and without jurisdiction.
📌 R. Viswanathan v. Rukn-ul-Mulk Syed Abdul Wajid (AIR 1963 SC 1):
Foreign judgment is conclusive only if pronounced by a competent court observing principles of natural justice.
📌 International Woollen Mills v. Standard Wool (U.K.) Ltd. (2001) 5 SCC 265:
Ex parte judgment without trial on merits not conclusive under Section 13(b).
https://youtube.com/c/LAWEXPLORER
5️⃣ Relation with Section 14 CPC:
Section 14 provides that courts shall presume the competence and regularity of a foreign judgment unless the contrary is proved.
But if any Section 13 exception applies, the presumption under Section 14 is rebutted.
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6️⃣ Example:
A foreign court passes a judgment against B without giving him an opportunity to present his defense.
➡️ Such a judgment is opposed to natural justice (Section 13(d)), hence not conclusive in India.
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❤2
A fact is said to be “proved” when:
Anonymous Quiz
8%
A) It is stated by the accused
81%
B) Court believes it to exist
4%
C) Police says it is true
7%
D) The witness agrees
🔰 Presumption as to Foreign Judgments – Section 14, CPC 🔰
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1️⃣ Statutory Provision:
Section 14 of the Code of Civil Procedure, 1908 provides for the presumption regarding the competence and validity of a foreign judgment.
“The Court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a court of competent jurisdiction, unless the contrary appears on the record or is proved.”
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2️⃣ Meaning:
When a certified copy of a foreign judgment is produced before an Indian court, it is presumed to be valid and pronounced by a competent court.
However, this is a rebuttable presumption — it can be challenged by showing evidence to the contrary.
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3️⃣ Object / Purpose:
To simplify and facilitate the recognition of genuine foreign judgments in Indian courts.
To ensure smooth international legal cooperation and avoid unnecessary proof of jurisdiction in every case.
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4️⃣ Relation with Section 13 CPC:
Section 13 states the exceptions when a foreign judgment is not conclusive.
Section 14 complements Section 13 by initially presuming validity, but this presumption can be rebutted if any Section 13 exception applies.
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5️⃣ Example:
A produces a certified copy of a U.K. court judgment in an Indian court.
➡️ The Indian court will presume that the U.K. court was competent and that the judgment is valid.
However, if B proves that the U.K. court lacked jurisdiction or the judgment was obtained by fraud, the presumption will be rebutted.
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6️⃣ Important Case Laws:
📌 R. Viswanathan v. Rukn-ul-Mulk Syed Abdul Wajid (AIR 1963 SC 1):
Explained that Section 14 creates a rebuttable presumption of competence; the burden lies on the party disputing it to prove otherwise.
📌 Satya v. Teja Singh (AIR 1975 SC 105):
The presumption under Section 14 was rebutted as the foreign divorce decree was obtained by fraud and without jurisdiction.
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7️⃣ Essence of Section 14:
“Foreign judgments are presumed valid and competent until proven otherwise.”
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1️⃣ Statutory Provision:
Section 14 of the Code of Civil Procedure, 1908 provides for the presumption regarding the competence and validity of a foreign judgment.
“The Court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a court of competent jurisdiction, unless the contrary appears on the record or is proved.”
https://youtube.com/c/LAWEXPLORER
2️⃣ Meaning:
When a certified copy of a foreign judgment is produced before an Indian court, it is presumed to be valid and pronounced by a competent court.
However, this is a rebuttable presumption — it can be challenged by showing evidence to the contrary.
https://youtube.com/c/LAWEXPLORER
3️⃣ Object / Purpose:
To simplify and facilitate the recognition of genuine foreign judgments in Indian courts.
To ensure smooth international legal cooperation and avoid unnecessary proof of jurisdiction in every case.
https://youtube.com/c/LAWEXPLORER
4️⃣ Relation with Section 13 CPC:
Section 13 states the exceptions when a foreign judgment is not conclusive.
Section 14 complements Section 13 by initially presuming validity, but this presumption can be rebutted if any Section 13 exception applies.
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5️⃣ Example:
A produces a certified copy of a U.K. court judgment in an Indian court.
➡️ The Indian court will presume that the U.K. court was competent and that the judgment is valid.
However, if B proves that the U.K. court lacked jurisdiction or the judgment was obtained by fraud, the presumption will be rebutted.
https://youtube.com/c/LAWEXPLORER
6️⃣ Important Case Laws:
📌 R. Viswanathan v. Rukn-ul-Mulk Syed Abdul Wajid (AIR 1963 SC 1):
Explained that Section 14 creates a rebuttable presumption of competence; the burden lies on the party disputing it to prove otherwise.
📌 Satya v. Teja Singh (AIR 1975 SC 105):
The presumption under Section 14 was rebutted as the foreign divorce decree was obtained by fraud and without jurisdiction.
https://youtube.com/c/LAWEXPLORER
7️⃣ Essence of Section 14:
“Foreign judgments are presumed valid and competent until proven otherwise.”
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👍1
The term “electronic record” includes:
Anonymous Quiz
3%
A) Email
4%
B) Website
2%
C) SMS
91%
D) All of the above
🔰 Court in Which Suits to be Instituted – Sections 15 to 20, CPC 🔰
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1️⃣ Statutory Provisions:
The Code of Civil Procedure, 1908 (CPC) provides rules under Sections 15 to 20 regarding the place and court where a civil suit should be filed.
These provisions determine both the pecuniary, territorial and subject-matter jurisdiction of civil courts.
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2️⃣ Object / Purpose:
To ensure that every suit is filed in the proper court having jurisdiction.
To avoid inconvenience to parties and prevent conflicting decisions.
To promote orderly and efficient administration of justice.
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3️⃣ Important Principles:
(a) Pecuniary Jurisdiction (Section 15):
Suits must be filed in the lowest grade of competent court (e.g., Munsif Court, Civil Judge, District Court).
Determined by the value of the subject matter (court fees or property value).
(b) Territorial Jurisdiction (Sections 16–20):
Based on location of property, residence or cause of action.
Ensures fairness and convenience to the defendant.
(c) Subject-Matter Jurisdiction:
Certain suits (e.g., matrimonial, insolvency or testamentary matters) are tried only by specific courts as per special laws.
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4️⃣ Case Laws:
📌 Kiran Singh v. Chaman Paswan (AIR 1954 SC 340):
Defect of jurisdiction cannot be cured by consent or waiver; decree by a court without jurisdiction is a nullity.
📌 Harshad Chiman Lal Modi v. DLF Universal Ltd. (2005) 7 SCC 791:
Suit relating to immovable property must be filed where the property is located; jurisdiction cannot be conferred by consent.
📌 ABC Laminart Pvt. Ltd. v. A.P. Agencies (AIR 1989 SC 1239):
Explained Section 20 — cause of action may arise wholly or partly in a place, giving jurisdiction to that court.
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5️⃣ Examples:
Example 1 (Section 15):
A’s claim for ₹40,000 should be filed in the Civil Judge (Junior Division), not directly in the District Court.
Example 2 (Section 16):
Dispute over ownership of land in Delhi — must be filed in a Delhi court.
Example 3 (Section 20):
Contract made in Mumbai, but defendant resides in Pune — suit can be filed in either Mumbai (cause of action) or Pune (residence).
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6️⃣ Essence of the Rule:
“A suit must be filed in the lowest competent court having jurisdiction — determined by place, value and nature of the subject matter.”
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1️⃣ Statutory Provisions:
The Code of Civil Procedure, 1908 (CPC) provides rules under Sections 15 to 20 regarding the place and court where a civil suit should be filed.
These provisions determine both the pecuniary, territorial and subject-matter jurisdiction of civil courts.
https://youtube.com/c/LAWEXPLORER
2️⃣ Object / Purpose:
To ensure that every suit is filed in the proper court having jurisdiction.
To avoid inconvenience to parties and prevent conflicting decisions.
To promote orderly and efficient administration of justice.
https://youtube.com/c/LAWEXPLORER
3️⃣ Important Principles:
(a) Pecuniary Jurisdiction (Section 15):
Suits must be filed in the lowest grade of competent court (e.g., Munsif Court, Civil Judge, District Court).
Determined by the value of the subject matter (court fees or property value).
(b) Territorial Jurisdiction (Sections 16–20):
Based on location of property, residence or cause of action.
Ensures fairness and convenience to the defendant.
(c) Subject-Matter Jurisdiction:
Certain suits (e.g., matrimonial, insolvency or testamentary matters) are tried only by specific courts as per special laws.
https://youtube.com/c/LAWEXPLORER
4️⃣ Case Laws:
📌 Kiran Singh v. Chaman Paswan (AIR 1954 SC 340):
Defect of jurisdiction cannot be cured by consent or waiver; decree by a court without jurisdiction is a nullity.
📌 Harshad Chiman Lal Modi v. DLF Universal Ltd. (2005) 7 SCC 791:
Suit relating to immovable property must be filed where the property is located; jurisdiction cannot be conferred by consent.
📌 ABC Laminart Pvt. Ltd. v. A.P. Agencies (AIR 1989 SC 1239):
Explained Section 20 — cause of action may arise wholly or partly in a place, giving jurisdiction to that court.
https://youtube.com/c/LAWEXPLORER
5️⃣ Examples:
Example 1 (Section 15):
A’s claim for ₹40,000 should be filed in the Civil Judge (Junior Division), not directly in the District Court.
Example 2 (Section 16):
Dispute over ownership of land in Delhi — must be filed in a Delhi court.
Example 3 (Section 20):
Contract made in Mumbai, but defendant resides in Pune — suit can be filed in either Mumbai (cause of action) or Pune (residence).
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6️⃣ Essence of the Rule:
“A suit must be filed in the lowest competent court having jurisdiction — determined by place, value and nature of the subject matter.”
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Section 2 is important because it:
Anonymous Quiz
6%
A) Lists punishments
13%
B) Repeals old laws
78%
C) Provides legal definitions
3%
D) Grants bail
❤3
🔰 Objections to Jurisdiction – CPC 🔰
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1️⃣ Meaning:
“Objection to jurisdiction” means a challenge raised by a party (usually the defendant) claiming that the court has no authority to try the case because it lacks territorial, pecuniary or subject-matter jurisdiction.
Such objections question the competence of the court to entertain a particular suit.
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2️⃣ Section 21 CPC – Objections to Jurisdiction:
(1) Territorial Jurisdiction:
No objection to the place of suing shall be allowed unless —
It was raised at the earliest possible opportunity, and
There has been a consequent failure of justice.
(2) Pecuniary Jurisdiction:
Same rule applies — objection must be raised early and failure of justice must be shown.
(3) Subject-Matter Jurisdiction:
If the court lacks inherent jurisdiction, the decree is void ab initio (null and void).
Such defect cannot be cured even by consent or waiver.
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3️⃣ Object / Purpose:
To ensure that jurisdictional challenges are raised promptly and not as a tactic to delay proceedings.
Also, to maintain finality and efficiency in judicial decisions.
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4️⃣ Important Case Laws:
📌 Kiran Singh v. Chaman Paswan (AIR 1954 SC 340):
A decree passed by a court without jurisdiction is a nullity and can be challenged even in execution or collateral proceedings.
📌 Hiralal Patni v. Kali Nath (AIR 1962 SC 199):
Objection as to territorial or pecuniary jurisdiction must be raised at the earliest possible opportunity.
📌 Bahrein Petroleum Co. v. P.J. Pappu (AIR 1966 SC 634):
Section 21 aims to prevent belated objections; mere technical defects should not invalidate proceedings unless there’s failure of justice.
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5️⃣ Example:
A files a property suit in Mumbai court, but the property is located in Delhi (territorial defect).
➡️ If B does not object early, the decree will still be valid.
A files a matrimonial case in a Small Causes Court (subject-matter defect).
➡️ The decree is null and void, as the court had no jurisdiction to try such a case.
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6️⃣ Essence of the Rule:
“Objection to jurisdiction must be raised at the earliest stage; otherwise, it is deemed to be waived — except when the court lacks inherent jurisdiction.”
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1️⃣ Meaning:
“Objection to jurisdiction” means a challenge raised by a party (usually the defendant) claiming that the court has no authority to try the case because it lacks territorial, pecuniary or subject-matter jurisdiction.
Such objections question the competence of the court to entertain a particular suit.
https://youtube.com/c/LAWEXPLORER
2️⃣ Section 21 CPC – Objections to Jurisdiction:
(1) Territorial Jurisdiction:
No objection to the place of suing shall be allowed unless —
It was raised at the earliest possible opportunity, and
There has been a consequent failure of justice.
(2) Pecuniary Jurisdiction:
Same rule applies — objection must be raised early and failure of justice must be shown.
(3) Subject-Matter Jurisdiction:
If the court lacks inherent jurisdiction, the decree is void ab initio (null and void).
Such defect cannot be cured even by consent or waiver.
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3️⃣ Object / Purpose:
To ensure that jurisdictional challenges are raised promptly and not as a tactic to delay proceedings.
Also, to maintain finality and efficiency in judicial decisions.
https://youtube.com/c/LAWEXPLORER
4️⃣ Important Case Laws:
📌 Kiran Singh v. Chaman Paswan (AIR 1954 SC 340):
A decree passed by a court without jurisdiction is a nullity and can be challenged even in execution or collateral proceedings.
📌 Hiralal Patni v. Kali Nath (AIR 1962 SC 199):
Objection as to territorial or pecuniary jurisdiction must be raised at the earliest possible opportunity.
📌 Bahrein Petroleum Co. v. P.J. Pappu (AIR 1966 SC 634):
Section 21 aims to prevent belated objections; mere technical defects should not invalidate proceedings unless there’s failure of justice.
https://youtube.com/c/LAWEXPLORER
5️⃣ Example:
A files a property suit in Mumbai court, but the property is located in Delhi (territorial defect).
➡️ If B does not object early, the decree will still be valid.
A files a matrimonial case in a Small Causes Court (subject-matter defect).
➡️ The decree is null and void, as the court had no jurisdiction to try such a case.
https://youtube.com/c/LAWEXPLORER
6️⃣ Essence of the Rule:
“Objection to jurisdiction must be raised at the earliest stage; otherwise, it is deemed to be waived — except when the court lacks inherent jurisdiction.”
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A “court” includes:
Anonymous Quiz
15%
A) Civil Judge only
4%
B) Arbitrator
80%
C) Anyone authorized by law to take evidence
1%
D) Police officer
🔰 Power of Supreme Court to Transfer Suits – Section 25, CPC 🔰
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1️⃣ Statutory Provision:
Section 25 of the Code of Civil Procedure, 1908 deals with the power of the Supreme Court to transfer suits, appeals or other proceedings from one court to another in India.
“On the application of a party and after notice to the parties, the Supreme Court may, at any stage, if it is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from one High Court or other civil court in one State to a High Court or other civil court in another State.”
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2️⃣ Meaning:
This section empowers the Supreme Court of India to transfer a civil case or appeal from one State’s court to another State’s court, when such transfer is necessary to ensure justice, fairness or convenience to parties.
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3️⃣ Object / Purpose:
To prevent injustice, bias or undue hardship to parties.
To ensure that a fair and impartial trial takes place.
To maintain confidence in the judiciary by removing cases from local influence or prejudice.
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4️⃣ Scope of Power:
The power extends to:
Any suit, appeal or other civil proceeding (including execution, petition, etc.).
Transfer between courts of different States (inter-State transfer).
The Supreme Court alone can order such transfer — not High Courts.
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5️⃣ Important Case Laws:
📌 Maneka Sanjay Gandhi v. Rani Jethmalani (AIR 1979 SC 468):
The power under Section 25 should be used sparingly and only when there is a reasonable apprehension of not getting a fair trial.
📌 Guda Vijayalakshmi v. Guda Ramachandra Sekhara Sastry (AIR 1981 SC 1143):
Convenience of the wife in matrimonial cases can be a valid ground for transfer.
📌 Kulwinder Kaur v. Kandi Friends Education Trust (2008) 3 SCC 659:
The paramount consideration is to meet the ends of justice and ensure fair trial.
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6️⃣ Effect of Transfer:
After transfer, the case is removed from the original court’s jurisdiction and proceeds in the transferee court as if originally instituted there.
All previous proceedings remain valid and the transferee court continues from that stage.
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7️⃣ Essence of Section 25:
“The Supreme Court can transfer a civil case from one State’s court to another whenever it is expedient for the ends of justice.”
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1️⃣ Statutory Provision:
Section 25 of the Code of Civil Procedure, 1908 deals with the power of the Supreme Court to transfer suits, appeals or other proceedings from one court to another in India.
“On the application of a party and after notice to the parties, the Supreme Court may, at any stage, if it is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from one High Court or other civil court in one State to a High Court or other civil court in another State.”
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2️⃣ Meaning:
This section empowers the Supreme Court of India to transfer a civil case or appeal from one State’s court to another State’s court, when such transfer is necessary to ensure justice, fairness or convenience to parties.
https://youtube.com/c/LAWEXPLORER
3️⃣ Object / Purpose:
To prevent injustice, bias or undue hardship to parties.
To ensure that a fair and impartial trial takes place.
To maintain confidence in the judiciary by removing cases from local influence or prejudice.
https://youtube.com/c/LAWEXPLORER
4️⃣ Scope of Power:
The power extends to:
Any suit, appeal or other civil proceeding (including execution, petition, etc.).
Transfer between courts of different States (inter-State transfer).
The Supreme Court alone can order such transfer — not High Courts.
https://youtube.com/c/LAWEXPLORER
5️⃣ Important Case Laws:
📌 Maneka Sanjay Gandhi v. Rani Jethmalani (AIR 1979 SC 468):
The power under Section 25 should be used sparingly and only when there is a reasonable apprehension of not getting a fair trial.
📌 Guda Vijayalakshmi v. Guda Ramachandra Sekhara Sastry (AIR 1981 SC 1143):
Convenience of the wife in matrimonial cases can be a valid ground for transfer.
📌 Kulwinder Kaur v. Kandi Friends Education Trust (2008) 3 SCC 659:
The paramount consideration is to meet the ends of justice and ensure fair trial.
https://youtube.com/c/LAWEXPLORER
6️⃣ Effect of Transfer:
After transfer, the case is removed from the original court’s jurisdiction and proceeds in the transferee court as if originally instituted there.
All previous proceedings remain valid and the transferee court continues from that stage.
https://youtube.com/c/LAWEXPLORER
7️⃣ Essence of Section 25:
“The Supreme Court can transfer a civil case from one State’s court to another whenever it is expedient for the ends of justice.”
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❤3
Documentary evidence includes:
Anonymous Quiz
13%
A) Oral evidence
20%
B) Physical objects
56%
C) Electronic records
12%
D) Police report
❤2
🔰 Institution of Suits – Section 26 & Order IV Rule 1, CPC 🔰
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1️⃣ Statutory Provision:
Section 26 of the Code of Civil Procedure, 1908 deals with the institution of suits.
“Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.”
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2️⃣ Meaning:
“Institution of suit” means the formal commencement of a civil proceeding in a court of law by filing a plaint.
It marks the beginning of judicial process to enforce a civil right or claim.
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3️⃣ How a Suit is Instituted:
According to Section 26 read with Order IV Rule 1, a suit is instituted by:
Presentation of a plaint to the proper court having jurisdiction; or
In such other manner as prescribed by rules (for example, filing through e-courts system).
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4️⃣ When a Suit is Deemed to be Instituted:
As per Order IV Rule 1(1), a suit is deemed instituted when the plaint is presented to the court.
For limitation purposes, the date of presentation of the plaint is taken as the date of institution.
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5️⃣ Purpose / Object:
To provide a formal and systematic procedure for starting civil proceedings.
Ensures the defendant is properly notified and has an opportunity to contest.
Protects the rights of the plaintiff within limitation period.
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6️⃣ Contents of a Plaint (Order VII Rule 1):
A valid plaint should contain—
Name of the court;
Name, description and address of parties;
Facts constituting the cause of action;
Facts showing jurisdiction of the court;
Relief claimed by the plaintiff;
Value of the subject matter for jurisdiction and court fee purposes;
Signature and verification of plaintiff.
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7️⃣ Effect of Improper Institution:
A suit filed in a court without jurisdiction or without required court fee is liable to be rejected under Order VII Rule 11.
If the plaint is not duly verified or defective, the court may allow correction under Order VI Rule 17.
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8️⃣ Case Laws:
📌 Bhagwan Swaroop v. Mool Chand (AIR 1983 SC 355):
A suit is instituted when the plaint is filed in court, not when it is registered.
📌 Neelavathi v. N. Natarajan (AIR 1980 SC 691):
The court must ensure that the plaint discloses a cause of action and is filed in a competent court.
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9️⃣ Essence of the Provision:
“A civil suit is instituted by the presentation of a plaint before a competent court, marking the commencement of judicial proceedings.”
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1️⃣ Statutory Provision:
Section 26 of the Code of Civil Procedure, 1908 deals with the institution of suits.
“Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.”
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2️⃣ Meaning:
“Institution of suit” means the formal commencement of a civil proceeding in a court of law by filing a plaint.
It marks the beginning of judicial process to enforce a civil right or claim.
https://youtube.com/c/LAWEXPLORER
3️⃣ How a Suit is Instituted:
According to Section 26 read with Order IV Rule 1, a suit is instituted by:
Presentation of a plaint to the proper court having jurisdiction; or
In such other manner as prescribed by rules (for example, filing through e-courts system).
https://youtube.com/c/LAWEXPLORER
4️⃣ When a Suit is Deemed to be Instituted:
As per Order IV Rule 1(1), a suit is deemed instituted when the plaint is presented to the court.
For limitation purposes, the date of presentation of the plaint is taken as the date of institution.
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5️⃣ Purpose / Object:
To provide a formal and systematic procedure for starting civil proceedings.
Ensures the defendant is properly notified and has an opportunity to contest.
Protects the rights of the plaintiff within limitation period.
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6️⃣ Contents of a Plaint (Order VII Rule 1):
A valid plaint should contain—
Name of the court;
Name, description and address of parties;
Facts constituting the cause of action;
Facts showing jurisdiction of the court;
Relief claimed by the plaintiff;
Value of the subject matter for jurisdiction and court fee purposes;
Signature and verification of plaintiff.
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7️⃣ Effect of Improper Institution:
A suit filed in a court without jurisdiction or without required court fee is liable to be rejected under Order VII Rule 11.
If the plaint is not duly verified or defective, the court may allow correction under Order VI Rule 17.
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8️⃣ Case Laws:
📌 Bhagwan Swaroop v. Mool Chand (AIR 1983 SC 355):
A suit is instituted when the plaint is filed in court, not when it is registered.
📌 Neelavathi v. N. Natarajan (AIR 1980 SC 691):
The court must ensure that the plaint discloses a cause of action and is filed in a competent court.
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9️⃣ Essence of the Provision:
“A civil suit is instituted by the presentation of a plaint before a competent court, marking the commencement of judicial proceedings.”
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Which is not a type of evidence under Section 2(e)?
Anonymous Quiz
7%
A) Oral
17%
B) Documentary
8%
C) Digital
67%
D) Emotional
🔰 Summons to Defendants – Sections 27 to 29 & Orders V and IX, CPC 🔰
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1️⃣ Statutory Provision:
Section 27, CPC: Provides for the issuance of summons to the defendant to appear and answer the claim made by the plaintiff.
“Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim on a day to be therein specified.”
Order V CPC: Lays down the detailed procedure for issue and service of summons.
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2️⃣ Meaning of Summons:
A summons is a legal notice issued by the court directing the defendant to appear before it on a specified date, either in person or through a lawyer, to answer the allegations made by the plaintiff.
It ensures that no one is condemned unheard — a fundamental principle of natural justice.
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3️⃣ Purpose / Object:
To inform the defendant about the institution of a suit.
To afford an opportunity to the defendant to appear and contest the claim.
To prevent ex parte decrees (judgments passed in absence of the defendant).
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4️⃣ Essentials of a Valid Summons:
A valid summons must—
Be issued by a competent court after institution of the suit.
Be in writing and signed by the judge or authorized officer.
Specify the court name, suit number, names of parties and date of appearance.
Attach a copy of the plaint (Order V Rule 2).
Be properly served on the defendant within reasonable time.
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5️⃣ Time for Appearance:
The date fixed in the summons should allow the defendant at least 30 days from the date of service to appear and file the written statement (Order V Rule 1(1), as amended in 2002).
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6️⃣ Defendant’s Duties After Receiving Summons:
Appear in court on the date mentioned.
File a written statement (within 30 days, extendable to 90 days with court’s permission).
Raise objections regarding jurisdiction or maintainability, if any.
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7️⃣ Non-Appearance of Defendant:
If the defendant fails to appear after due service of summons, the court may proceed ex parte under Order IX Rule 6 and decide the case based on plaintiff’s evidence.
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8️⃣ Case Laws:
📌 Yallawwa v. Shantavva (AIR 1997 SC 35):
Proper service of summons is a condition precedent to proceeding ex parte.
📌 Sangram Singh v. Election Tribunal, AIR 1955 SC 425:
The procedure for service of summons is meant to ensure fairness, not to trip up parties on technicalities.
📌 Neerja Realtors v. Janglu (2018) 2 SCC 649:
Service through email or electronic means is valid where approved by the court.
https://youtube.com/c/LAWEXPLORER
9️⃣ Essence of the Provision:
“Summons to the defendant ensures that the principles of natural justice are followed by giving the defendant an opportunity to appear and defend the suit.”
https://youtube.com/c/LAWEXPLORER
1️⃣ Statutory Provision:
Section 27, CPC: Provides for the issuance of summons to the defendant to appear and answer the claim made by the plaintiff.
“Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim on a day to be therein specified.”
Order V CPC: Lays down the detailed procedure for issue and service of summons.
https://youtube.com/c/LAWEXPLORER
2️⃣ Meaning of Summons:
A summons is a legal notice issued by the court directing the defendant to appear before it on a specified date, either in person or through a lawyer, to answer the allegations made by the plaintiff.
It ensures that no one is condemned unheard — a fundamental principle of natural justice.
https://youtube.com/c/LAWEXPLORER
3️⃣ Purpose / Object:
To inform the defendant about the institution of a suit.
To afford an opportunity to the defendant to appear and contest the claim.
To prevent ex parte decrees (judgments passed in absence of the defendant).
https://youtube.com/c/LAWEXPLORER
4️⃣ Essentials of a Valid Summons:
A valid summons must—
Be issued by a competent court after institution of the suit.
Be in writing and signed by the judge or authorized officer.
Specify the court name, suit number, names of parties and date of appearance.
Attach a copy of the plaint (Order V Rule 2).
Be properly served on the defendant within reasonable time.
https://youtube.com/c/LAWEXPLORER
5️⃣ Time for Appearance:
The date fixed in the summons should allow the defendant at least 30 days from the date of service to appear and file the written statement (Order V Rule 1(1), as amended in 2002).
https://youtube.com/c/LAWEXPLORER
6️⃣ Defendant’s Duties After Receiving Summons:
Appear in court on the date mentioned.
File a written statement (within 30 days, extendable to 90 days with court’s permission).
Raise objections regarding jurisdiction or maintainability, if any.
https://youtube.com/c/LAWEXPLORER
7️⃣ Non-Appearance of Defendant:
If the defendant fails to appear after due service of summons, the court may proceed ex parte under Order IX Rule 6 and decide the case based on plaintiff’s evidence.
https://youtube.com/c/LAWEXPLORER
8️⃣ Case Laws:
📌 Yallawwa v. Shantavva (AIR 1997 SC 35):
Proper service of summons is a condition precedent to proceeding ex parte.
📌 Sangram Singh v. Election Tribunal, AIR 1955 SC 425:
The procedure for service of summons is meant to ensure fairness, not to trip up parties on technicalities.
📌 Neerja Realtors v. Janglu (2018) 2 SCC 649:
Service through email or electronic means is valid where approved by the court.
https://youtube.com/c/LAWEXPLORER
9️⃣ Essence of the Provision:
“Summons to the defendant ensures that the principles of natural justice are followed by giving the defendant an opportunity to appear and defend the suit.”
YouTube
LAW EXPLORER
This channel is an initiative for providing an aid towards legal study.
❤3
The Code of Civil Procedure, 1908 extends to the whole of India except—
Anonymous Quiz
53%
A. State of Nagaland and tribal areas
40%
B. State of Jammu and Kashmir (before 2019 amendment)
3%
C. State of Sikkim
4%
D. Union Territories
❤4
🔰 Summons to Witness – Sections 31 & 35, CPC 🔰
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1️⃣ Statutory Provision:
Section 31 CPC: Empowers the court to summon witnesses whose attendance is necessary for the adjudication of a suit or proceeding.
“Every court shall have power to summon any person as a witness or to produce documents or other things for examination.”
Section 35 CPC: Provides for penalty for disobedience of summons or orders of the court.
Order XVI CPC: Contains the detailed procedure regarding summoning and examination of witnesses.
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2️⃣ Meaning:
A summons to witness is a legal notice issued by the court directing a person to appear in court and give oral evidence or produce documents or things relevant to a case.
It ensures that relevant facts and evidence are brought before the court.
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3️⃣ Object / Purpose:
To secure attendance of witnesses whose testimony is material for the just decision of a case.
To prevent concealment of evidence or non-cooperation by parties or third persons.
Ensures fair trial and proper adjudication.
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4️⃣ Penalty for Non-Compliance (Section 35 CPC):
A person failing to comply with the summons without reasonable cause may be:
Punished for contempt of court; or
Ordered to pay fines; or
Compelled to attend by warrant.
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5️⃣ Material vs. Formal Witnesses:
Material Witness: Person whose evidence is crucial to the case.
Formal Witness: Person whose evidence is not essential but may support the case.
Court may summon any witness if it considers their evidence necessary.
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6️⃣ Important Case Laws:
📌 K.K. Verma v. Union of India (AIR 1983 SC 140):
Court has the discretion to summon witnesses even if parties have not requested it, to meet the ends of justice.
📌 Sukhdev Singh v. State of Punjab (AIR 1960 SC 661):
Witnesses cannot refuse attendance without sufficient cause; failure may attract penalty under Section 35 CPC.
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7️⃣ Example:
Plaintiff in a property dispute requests the court to summon a survey officer to give evidence regarding boundaries.
➡️ Court issues a summons to witness under Section 31 CPC.
A business contract case requires production of company accounts.
➡️ Court can summon the accountant or company secretary to produce relevant documents.
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8️⃣ Essence of the Provision:
“Summons to witnesses ensures that all relevant evidence is available for fair adjudication of civil disputes.”
https://youtube.com/c/LAWEXPLORER
1️⃣ Statutory Provision:
Section 31 CPC: Empowers the court to summon witnesses whose attendance is necessary for the adjudication of a suit or proceeding.
“Every court shall have power to summon any person as a witness or to produce documents or other things for examination.”
Section 35 CPC: Provides for penalty for disobedience of summons or orders of the court.
Order XVI CPC: Contains the detailed procedure regarding summoning and examination of witnesses.
https://youtube.com/c/LAWEXPLORER
2️⃣ Meaning:
A summons to witness is a legal notice issued by the court directing a person to appear in court and give oral evidence or produce documents or things relevant to a case.
It ensures that relevant facts and evidence are brought before the court.
https://youtube.com/c/LAWEXPLORER
3️⃣ Object / Purpose:
To secure attendance of witnesses whose testimony is material for the just decision of a case.
To prevent concealment of evidence or non-cooperation by parties or third persons.
Ensures fair trial and proper adjudication.
https://youtube.com/c/LAWEXPLORER
4️⃣ Penalty for Non-Compliance (Section 35 CPC):
A person failing to comply with the summons without reasonable cause may be:
Punished for contempt of court; or
Ordered to pay fines; or
Compelled to attend by warrant.
https://youtube.com/c/LAWEXPLORER
5️⃣ Material vs. Formal Witnesses:
Material Witness: Person whose evidence is crucial to the case.
Formal Witness: Person whose evidence is not essential but may support the case.
Court may summon any witness if it considers their evidence necessary.
https://youtube.com/c/LAWEXPLORER
6️⃣ Important Case Laws:
📌 K.K. Verma v. Union of India (AIR 1983 SC 140):
Court has the discretion to summon witnesses even if parties have not requested it, to meet the ends of justice.
📌 Sukhdev Singh v. State of Punjab (AIR 1960 SC 661):
Witnesses cannot refuse attendance without sufficient cause; failure may attract penalty under Section 35 CPC.
https://youtube.com/c/LAWEXPLORER
7️⃣ Example:
Plaintiff in a property dispute requests the court to summon a survey officer to give evidence regarding boundaries.
➡️ Court issues a summons to witness under Section 31 CPC.
A business contract case requires production of company accounts.
➡️ Court can summon the accountant or company secretary to produce relevant documents.
https://youtube.com/c/LAWEXPLORER
8️⃣ Essence of the Provision:
“Summons to witnesses ensures that all relevant evidence is available for fair adjudication of civil disputes.”
YouTube
LAW EXPLORER
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❤5
Section 1 of CPC deals with—
Anonymous Quiz
34%
A. Short title
6%
B. Commencement
6%
C. Extent of the Code
55%
D. All of the above
❤2😁1
🔰 Court by Which Decree May Be Executed – Sections 37 & 38 CPC 🔰
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1️⃣ Statutory Provision:
Section 38 CPC states that a decree may be executed by:
The Court which passed the decree, or
The Court to which the decree is sent for execution.
Section 37 CPC defines the expression “Court which passed the decree”.
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2️⃣ Meaning:
Execution is the process by which the successful party (decree-holder) enforces the decree and obtains the benefit granted by the judgment.
The decree may be executed either by the court that originally passed it or by another court having jurisdiction.
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3️⃣ Court Which Passed the Decree (Section 37):
The expression includes—
The Court of first instance which actually passed the decree;
If the decree is modified or affirmed by an appellate court, then that appellate court;
Where the original court ceases to exist or loses jurisdiction (e.g., due to territorial changes), then the court which now has jurisdiction.
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4️⃣ Execution by Court Which Passed the Decree (Section 38):
The decree-holder may apply to the same court that passed the decree to initiate execution proceedings, as long as that court has territorial and pecuniary jurisdiction at the time of execution.
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5️⃣ Important Points:
Only a court (not an administrative authority) may execute a decree.
The decree-holder has the option to choose either the original court or a transferee court, based on convenience.
The transferee court cannot go behind the decree — it must execute it as it stands.
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6️⃣ Case Law:
Mohit Bhargava v. Bharat Bhushan (2007) 4 SCC 795:
Held that execution can be filed either in the court that passed the decree or in the court to which the decree is transferred, as per Sections 37 & 38.
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7️⃣ Essence of the Rule:
A decree may be executed either by the court that passed it or by another competent court to which it is transferred for execution.
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1️⃣ Statutory Provision:
Section 38 CPC states that a decree may be executed by:
The Court which passed the decree, or
The Court to which the decree is sent for execution.
Section 37 CPC defines the expression “Court which passed the decree”.
https://youtube.com/c/LAWEXPLORER
2️⃣ Meaning:
Execution is the process by which the successful party (decree-holder) enforces the decree and obtains the benefit granted by the judgment.
The decree may be executed either by the court that originally passed it or by another court having jurisdiction.
https://youtube.com/c/LAWEXPLORER
3️⃣ Court Which Passed the Decree (Section 37):
The expression includes—
The Court of first instance which actually passed the decree;
If the decree is modified or affirmed by an appellate court, then that appellate court;
Where the original court ceases to exist or loses jurisdiction (e.g., due to territorial changes), then the court which now has jurisdiction.
https://youtube.com/c/LAWEXPLORER
4️⃣ Execution by Court Which Passed the Decree (Section 38):
The decree-holder may apply to the same court that passed the decree to initiate execution proceedings, as long as that court has territorial and pecuniary jurisdiction at the time of execution.
https://youtube.com/c/LAWEXPLORER
5️⃣ Important Points:
Only a court (not an administrative authority) may execute a decree.
The decree-holder has the option to choose either the original court or a transferee court, based on convenience.
The transferee court cannot go behind the decree — it must execute it as it stands.
https://youtube.com/c/LAWEXPLORER
6️⃣ Case Law:
Mohit Bhargava v. Bharat Bhushan (2007) 4 SCC 795:
Held that execution can be filed either in the court that passed the decree or in the court to which the decree is transferred, as per Sections 37 & 38.
https://youtube.com/c/LAWEXPLORER
7️⃣ Essence of the Rule:
A decree may be executed either by the court that passed it or by another competent court to which it is transferred for execution.
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❤3
Which Schedule of CPC contains Orders and Rules?
Anonymous Quiz
56%
A. First Schedule
31%
B. Second Schedule
9%
C. Third Schedule
4%
D. Fourth Schedule
❤2
🔰 Transfer of Decree – Section 39 CPC 🔰
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1️⃣ Statutory Provision:
Section 39 CPC deals with transfer of a decree from the court which passed it to another court for execution.
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2️⃣ Meaning:
When the court that passed the decree is unable, inconvenient or not competent to execute it fully (usually because the judgment-debtor or property is located outside its jurisdiction), the decree may be sent to another court which can execute it.
The court receiving the decree is called the transferee court.
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3️⃣ Powers of Transferee Court:
The transferee court has the same powers in execution as if it had passed the decree itself.
It can:
Order attachment of property,
Order arrest of judgment-debtor,
Sell attached property,
Conduct all steps necessary for execution.
However, the transferee court cannot question the correctness of the decree. It must execute it as it stands.
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4️⃣ Procedure for Transfer:
Decree-holder applies for transfer to the original court.
The original court examines grounds and records reasons.
Certified copy of decree and execution order is sent to the transferee court.
Transferee court executes the decree.
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5️⃣ Situations Where Transfer is Not Necessary:
Execution through attachment of property outside jurisdiction can also be done via Order XXI Rule 48 & 52, without transferring decree.
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6️⃣ Key Case Law:
Manohar Lal v. Seth Hira Lal (AIR 1962 SC 527):
A transferee court has full execution powers, but cannot modify or go behind the decree.
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7️⃣ Essence:
Transfer of decree ensures that execution is effective and practical by enabling execution in the place where the judgment-debtor or his property is located.
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1️⃣ Statutory Provision:
Section 39 CPC deals with transfer of a decree from the court which passed it to another court for execution.
https://youtube.com/c/LAWEXPLORER
2️⃣ Meaning:
When the court that passed the decree is unable, inconvenient or not competent to execute it fully (usually because the judgment-debtor or property is located outside its jurisdiction), the decree may be sent to another court which can execute it.
The court receiving the decree is called the transferee court.
https://youtube.com/c/LAWEXPLORER
3️⃣ Powers of Transferee Court:
The transferee court has the same powers in execution as if it had passed the decree itself.
It can:
Order attachment of property,
Order arrest of judgment-debtor,
Sell attached property,
Conduct all steps necessary for execution.
However, the transferee court cannot question the correctness of the decree. It must execute it as it stands.
https://youtube.com/c/LAWEXPLORER
4️⃣ Procedure for Transfer:
Decree-holder applies for transfer to the original court.
The original court examines grounds and records reasons.
Certified copy of decree and execution order is sent to the transferee court.
Transferee court executes the decree.
https://youtube.com/c/LAWEXPLORER
5️⃣ Situations Where Transfer is Not Necessary:
Execution through attachment of property outside jurisdiction can also be done via Order XXI Rule 48 & 52, without transferring decree.
https://youtube.com/c/LAWEXPLORER
6️⃣ Key Case Law:
Manohar Lal v. Seth Hira Lal (AIR 1962 SC 527):
A transferee court has full execution powers, but cannot modify or go behind the decree.
https://youtube.com/c/LAWEXPLORER
7️⃣ Essence:
Transfer of decree ensures that execution is effective and practical by enabling execution in the place where the judgment-debtor or his property is located.
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This channel is an initiative for providing an aid towards legal study.
❤2
"Decree" is defined under—
Anonymous Quiz
4%
A. Section 1
74%
B. Section 2(2)
19%
C. Section 2(9)
3%
D. Section 3
❤2