According to the section, government officials can arrest at any time. An arrested offender should be put in the civil prison. Any of the government officials are not able to enter any person's house after sunset or before sunrise in the house. The government officials are also so not able to break the house of the offender. The exception was there also if the offenders do not come out from his house or locked his house in that case, the government officials can break that house offender. If the offender pays a certain amount of money to the officials in a civil suit, then no arrest will be made. If any pardanashin woman was present in the house then the government officials are not able to arrest the offender, they can arrest the offenders when that woman came out from the house then the government officials can arrest that offender.
Case law:-
I.KMerchant Limited v. Indra Prakash
In that case, the court clearly stated that when the decree-holder is sent to the Civil prison after the arrest or detention, the court has to give the proper or are a valid reason for sending him down in prison.
According to civil procedure code 1908 under this section, it was clearly stated that only for the decree of payment of money. The Court should not order to arrest any woman in the Civil prison for this kind of offence.
Here are some properties which are liable for attachment:-
Now there are also some properties which are not attached.
2- Agriculturist, labourers and domestic servants
Wages, house and other buildings, tools of the artesian implement of husbanding cattle seed grains upon which the livelihood of JD can be dependant, and it also cannot be attached.
Agriculturist
It means that person who cultivates his land Personally or by some other people who depends for his livelihood mainly on the income of agricultural land. That will be considered as agriculturist under this section. Also, any person who cultivates land my labour, the labour of his any member of the family, Or the servants who are on wage payable or in cash and also included in the term of the agriculturist.
3-There are few domestic items of JD which are not included in the attachment.
4- Salary, etc.
5- Exempted Allowances.
· Army, Navy, Air Force law.
· Under Indian law.
· By government declaration.
5- Exempted property.
7- others
Under this section, it was clearly stated that with the help of that one we would request the foreign court of law for the questioning with the offender because that court has not been coming in our country’s jurisdiction so if we want to do the questioning with that offender, so we have made down the list of all the questions which we want to ask to him/her.
In that section, all the Restrictions related to that particular once all the things are prescribed by the court. And also all those courts which are situated in our country but these courts the applicability of CPC is not valid, so all these types of code are also considered as the foreign courts so if they want to do any kind of questioning to examine a certain person who lived in his jurisdiction.
In a suit, if someone wants to file the case by or against the Government of India the authority should be named as the plaintiff or the defendant it shall be done as in a case if the suit should be filed by or against the Central Government of India it should be mentioned as Union of India and if the suit should be filed by or against the State Government it should be mentioned as a state.
It is not a procedural provision; it is a substantive one. This section said that no suit would be filed against the government or the public officer till then when you are not giving them proper notice. If any public officer was there who worked under his official capacity, then you have to give him notice before two months, to execute the suit.
In case if you want to file the suit against the public officer, then you have to deliver the notice to that public officer or give the notice on his office and also state cause of action and also state all those things which are related to that plaintiff such as the name of the plaintiff, residential address and the relief which she wants to claim.
In the execution of the decree, Suppose a plaintiff is an individual who filed the suit against the central government, state or a public officer and the decree of the suit will come in favour of the plaintiff. So, now the question is would the decree will be executed in the same manner as the other ones. according to the section 82(1) gives on the question and provide that decree obtained Against the public officers or a government shall be executed in according to the section 82 (2) No suit execution will be filed against the government for three months from the date on which decree was passed.
This period allows the government to fulfil all the requirements of the decree and the remedy the wrong it had done. If the plaintiff claims remain unsatisfied for the three months, the execution of the application will be filed in accordance with the rules under order 21 of the CPC.
According to section 89 of CPC, it clearly states that it provides an opportunity to all the people If in the court of law they feel that there are many elements exist of settlement outside the court to formulate terms of the possible settlement and refer the court for the same for arbitration, conciliation, mediation or Lok Adalat.
Arbitration is a process awful the determination of a dispute between the two persons or the two parties by the self-chosen or a self guarded persons. The object arbitration is used for obtaining the fair decisions or taking the fair solutions of the dispute by an impartial tribunal without any kind of unnecessary delay or any kind of unnecessary expenses. In that party is free to determine. The place and date of arbitration and however, there is a need for a prior agreement.
Under this section, it was clearly stated that in case of a public nuisance or in the case of other wrongful act through which public should be affected, show only for getting down the relief with the help of it you can file a suit for the declaration and injunction or for such other kind of relief as it may be appropriate in the circumstances for that case it may be instituted as
2 - Nothing in this section shall be deemed to the limit or otherwise it affects the right of suit which may exist independently of its provisions.
This section clearly states or confers the right on the person in the case of any alleged breach of any express public trust which was created for the public purpose of the charitable cause for the religious nature. The objective of this section, on the one hand, is only to protect the public interest and the interest of the institution. On the other hand, it is used to discourage impecunious and improper people who were indulging in the vexatious and improper suits which were filed against the trustees. This section is not made only for covering the private dispute between the two persons on the day they are beneficiaries of the trustees, or in other words, we can say that it does not cover a private dispute between one of the beneficiaries and the trust.
Section 96. Appeal from original decree.
(1) To save the space expressly provided by any other law in the body of this code or at the time in force, the court appealed to each decree passed by any Court exercising original jurisdiction. Will go.authorised to hear appeals from the decisions of such court.
(2) An appeal may fall from an original decree passed ex parte.
(3) No appeal shall fall from a decree which is passed by the court of law with the consent of parties.
(4) No appeal shall lie, except on a question of law, by decree in any suit of a cognisable nature of the Court of Small Cause, when the amount or value of the subject matter of the original suit does not exceed three thousand rupees.
Section 97. Appeal from final decree where no appeal from the preliminary decree.
Where either party is unhappy with the initial decree passed after the commencement of this code, it does not appeal to such decree, disputing its correctness in any appeal with the final decree being preferred. Will be stopped from
Section 98. The decision was appealed by two or more Judges.
(1) Where a bench hears an appeal of two or more judges, the appeal shall be decided following the opinion of such judges or majority (if any).
(2) Where there is no majority which differs in judgment or overturns the decree appealed, such decree shall be confirmed;
Provided that the bench hearing the appeal is composed of two or other judges, where the number of judges belonging to the court is made up of more judges than the bench, and the judges constituting the bench have different opinions on the point of law, They can state the point of law at which they differ. Only one or more other judges will hear the appeal at that point. Such points shall be heard according to the opinion of the majority judges (if any). Appeals including those who heard it for the first time.
(3) Nothing in this section shall be construed to alter or otherwise affect any provision of letter patent of the High Court.
Section 99. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.
No decree shall be reversed or substantially varied, nor shall any case be remanded in appeal by any wrongdoing or non-joining of the parties or causes of action or any error, defect or irregularity, which merits. Will not affect In the jurisdiction of the case or court of law;
Provided that nothing in this section shall apply to the non-joinder of the required party.
Section 99A. No order under section 47 to be refused or modified unless the decision of the case is prejudicially affected.
Without prejudice to the generality of the provisions of section 4, an order under section 47 is, due to any error, defect or irregularity, in any proceeding relating to such order, unless such error, defect Or no order will be reversible or sufficient until the irregularity is foreseen. Influenced the decision of the case.
Section 100. Second appeal.
(1) Save as expressly stated in the body of this code or on the force of any other law, an appeal shall fall below every decree appealed to by any court in the High Court which was subordinate to the High Court. If the High Court is satisfied that the case involves an important question of law.
(2) An appeal under this section may lie to a pre-determined passed appellate decree.
(3) In an appeal under this section, the memorandum of appeal shall clearly state the substantial question of law involved in the appeal.
(4) Where the High Court is satisfied that a major question of law is involved in any matter, it shall formulate that question.
(5) The appeal will be heard on the formulated question, and during the hearing of the appeal the defendant will be allowed to argue that no such question is involved in the case;
Provided that nothing in this subsection shall be construed or the power of the court to hear, for reasons to be recorded, an appeal to any other substantial question of law, not prepared by it, if it is satisfied in the case. Such a question is involved.
Section 100A. No further appeal in certain cases.
Notwithstanding anything contained in any letter patent to any High Court or any other instrument, for the time being in force in force of law or any other law, where an appeal from an appellate decree or order is heard by a single judge And is decided in the High Court, there shall be no further appeal in such appeal from the judgment, judgment or order or such single judge or any decree passed in such appeal.
Section 101. Second appeal on no other grounds.
No second appeal shall fall except on the ground mentioned in section 100.
Section 102. No second appeal in certain suits.
No second appeal shall lie in any suit of the nature cognizable by Courts of Small Causes when the amount or value of the subject-matter of the original suit does not exceed three thousand rupees.
Section 103. Power of the High Court to determine issues of fact.
In any other appeal, the High Court may, if the evidence on record is sufficient, determine any issue necessary for the disposal of the appeal: -
(A) which has not been determined by the lower appellate court or prima facie court and lower appellate court, or both, or both
(B) which has been wrongly determined by such court or courts due to the decision on such question of law as referred to in section 100.
Section 104. Order of which the appeal is false.
(1) An appeal shall fall below the following orders, and the savings otherwise expressly provided by any other order in the body of this code or on the force of any law: -
[Clauses (a) to (f) omitted]
(Ff) an order under section 35A;
(A) An order under section 91 or section 92 may refuse to grant to the institution a suit of the nature mentioned in section 91 or section 92, as the case may be;
(G) an order under section 95;
(H) Penalty or directing arrest or detention of a person in civil prison under any provision of this code, where such arrest or detention is in the execution of a decree;
(i) any order made under the rules, in which the rules expressly permit the appeal;
Provided that no appeal shall lie against any order referred to in clause (ff), on the ground that no order, or any order for payment of the lesser amount, should have been made.
(2) No appeal shall fall from any order passed in an appeal under this section.
Section 105. Other orders.
(1) Save as otherwise expressly provided, no appeal shall lie from any order made in the court of its original or appellate jurisdiction; But, where a decree is appealed, any error, defect or irregularity in any order affects the decision of the case, perhaps as a basis of objection in the memorandum of appeal.
(2) Notwithstanding anything contained in sub-section (1), where either party is unhappy with the order of remand from where no appeal is falsely appealed, it shall after that be prevented from disputing its correctness.
Section 106. What Court to Hear Appeal.
Where the appeal of any order is allowed, it lies to the court in which the appeal is from the decree in which such order was made, or where such order is made by a court (not the High Court). Exercise of appellate jurisdiction in High Court.
Section 107. Powers of Appellate Court.
(1) An appellate court shall have power, subject to such conditions and limitations as may be prescribed.
(A) To determine a case eventually;
(B) Taking a case on remand;
(C) To frame the issues and refer them for testing;
(D) Need to take additional evidence or take such evidence.
(2) As above, the Appellate Court shall have the same powers and may have the same duties as are given by this code and imposed by the courts of original jurisdiction in respect of the lawsuits imposed on them.
Section 103. Power of High Court to determine issues of fact.
In any other appeal, the High Court, if the evidence on record is sufficient, may determine any issue necessary for the disposal of the appeal: -
(A) Which has not been determined by the lower appellate court or the court of the first instance and the lower appellate court, or both, or
(B) Which has been wrongly determined by such court or courts because of a decision on such question of law, referred to in section 100.
Section 104. Orders from which appeal lies.
(1) An appeal shall fall from the following orders, and save as otherwise expressly provided in the body of this code or by any law for the time being in force, from no other orders:—
[Clauses (a) to (f) omitted]
(ff) an order under section 35A;
(a) an order under section 91 or section 92 refusing leave to institute a suit of nature referred to in section 91 or section 92, as the case may be;
(g) An order under section 95;
(h) An order under any of the provisions of this code imposing a fine or directing the arrest or detention in the civil prison of a person except where such arrest or detention is in the execution of a decree;
(i) Any order made under rules from which an appeal is expressly allowed by rules;
Provided that no appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made.
(2) No appeal shall fall from any order passed in appeal under this section.
Section 105. Other orders.
(1) Save as otherwise expressly provided, no appeal shall lie from any order made in the court of its original or appellate jurisdiction; But, where a decree is appealed, any error, defect or irregularity in any order affects the decision of the case, perhaps as a basis of objection in the memorandum of appeal.
(2) Notwithstanding anything contained in sub-section (1), where either party is unhappy with the order of remand from where no appeal is falsely appealed, it shall after that be prevented from disputing its correctness.
Section 106. What Courts to hear appeals.
Where an appeal from any order is allowed it shall lie to the court to which an appeal would lie from the decree in the suit in which such order was made, or where such order is made by a Court (not being a High Court) in the exercise of appellate jurisdiction, then to the High Court.
Section 107. Powers of Appellate Court.
(1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power-
(a) To determine a case finally;
(b) To remand a case;
(c) To frame issues and refer them for trial;
(d) To take additional evidence or to require such evidence to be taken.
(2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in respect of suits instituted therein.
Section 108. Procedure in appeals from appellate decrees and orders.
The provisions of this Part relating to appeals from the original decree may, so far, apply to the appeal-
(A) Appellate decrees, and
(B) Orders made under this code or under any special or local law in which a separate procedure is not provided. Appealed to the Supreme Court.
Section 109. When appeals lie to the Supreme Court.
An appeal may be made by the Supreme Court from time to time in relation to appeals from the Courts of India, subject to the provisions of Part V of the Constitution and such rules from time to time, and in accordance with the provisions contained therein Will be. By any decision, decree or final order in civil proceedings of the Supreme Court, High Court, if the High Court certifies-
(i) This case involves a substantial question of law of general importance; And
(ii) That is the opinion of the High Court, it is necessary to decide the said question by the Supreme Court.
Section 110. [Value of subject matters]
Rep. by the Code of Civil Procedure (Amendment) Act, 1973 (49 of 1973).
Section 111. [Bar of certain appeals]
Rep. by the AO 1950.\
Section 111A. [Appeals to Federal Court]
Rep. by the Federal Court Act, 1941 (21 of 1941)
Section 112. Savings.
(1) Nothing contained in this code shall be construed-
(A) to give effect to the powers of the Supreme Court under Article 138 or any other provision of the Constitution, or
(B) for any rule made by the Supreme Court and for the presentation of an appeal to that court, or to interfere with their conduct before that court.
(2) Nothing contained herein applies to any case of criminal or will or vice-admiralty jurisdiction or appeals from the orders and orders of award courts.
Under section 113, it was clearly stated that it empowers a subordinate court to state the case and refer to the same one opinion for the High Court. This kind of opinion can be sought out when the code itself feels that there is some doubt about the question of law. The court gives the reference only for reasonable doubt about any of the question of law only when it is of the opinion that the act is ultra vires. If any kind of unnecessary or irrelevant references has been made in the High Court which has no legal effect must be treated further words, so the High Court is able to dispose of this kind of suit or the references of the suits.
That rule requires the following conditions to be satisfied or to enable a subordinate code to make the references in the higher courts:
1- There must be a pending suit on appeal of a decree in which the decree is not the subject to an appeal or the pending proceedings in the execution of such decree;
2- By taking a question of law or usage having the force of law which must arise in the course of the suit, appeals or the proceedings;
3- The Court trying a suit or appeal or executing the decree must entertain the doubt of this kind of question.
Under section 114 of CPC, it was clearly stated that only to reconsider, to look again or to re-examine in the legal sense, and it is also a judicial re-examination of that same case by the same court of law by the same judge.
A person is aggrieved by a decree or the order which may apply for the review of the judgment. The aggrieved person has been understood to mean that who has a genuine grievance because of that order which prejudicially affects his interest. But the concept, purpose and provisions of that person aggrieved varies according to the context and the provisions of that statute. The person who is not present either is a party to the proceedings, or a decree binds him, and also cannot apply for the review as a decree, or the order does not adversely or prejudicially affect him. The remedy of that review which was the reconsideration of the judgment by the same court of law and by the same judges, which has been borrowed from the court of equity. This type of remedy has a remarkable resemblance to the writ of error. The rectification of order stems from the fundamental principle that just is above all. That is an exercise only for removing the error or to rectify it not to disturb the finality of judgment that suit judgement.
Under Section 115 of the CPC, it was clearly stated that it empowers High Court to entertain the revisions in any of the cases which were decided by the subordinate courts in certain circumstances or under his jurisdiction. This could also be known as the business jurisdiction of the High Court air revisional states that the revising especially The critical and the careful examination update particular suit to get down the review on that if any kind of correcting or improving should be there then the High Court is able to amend that decision of the subordinate court. This section authorised the High Court to satisfied on three matters:
1- The order of the subordinate code scheme within its jurisdiction.
2- That the case is one which ought to exercise its jurisdiction.
3- In the exercising jurisdiction the code is not acted as an illegal person
In Pandurang Ramchandra Manddlik v. Maruti
RamchandraGhatge
In that case, the code was clearly stated that due to an erroneous decision on the question of law reached by the subordinate court which has no relation to the question of jurisdiction of that court cannot be connected by the High Court under section 115.
1. Where so far a decree or an order is varied or reversed in an appeal, amendment or other proceeding or set aside or amended in any court-imposed for this purpose, the decree or order passed Is the application of any party entitled to any benefit by way of restitution or otherwise, which causes such reinstatement, so far as may be, to place the parties in the position they occupied; But for such decree or order or as part thereof is varied, reversed, set aside or amended; And, for this purpose, the court may make any order, including an order for the refund of costs and an order for payment of interest, damages, indemnity and mason benefits, which may be subject to such alteration, reversal, or Are reasonably consequential to the setting or modification. Decree or Order
S.M. Deshmukh v. Ganesh KrishnajiKhare:
The doctrine of reinstatement is based on the principle that the first and highest duty of all courts is to take care that the act of the court does not cause injury or wrongdoing to the suicides. The duty of the court to grant restitution or to the parties involved in the jurisdiction lies in the general jurisdiction of the courts to act impartially and properly in the circumstances.
Suppose a period is prescribed or granted by the court to perform any act prescribed or permitted by this code. In that case, the court may extend its discretion from time to time, even if that period is originally determined or given or expired.
1-Where an application is expected to be made or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the court on the hearing of such application may lodge a caveat in respect thereof
2- Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be, made, under sub-section (1).
3- Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the court, shall serve a notice of the application on the caveator.
4- Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator’s expense, with a copy of the application made by him and also with copies of any paper or document which has been, or maybe, filed by him in support of the application.
5- Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.
Nothing in this Code shall be construed to limit or otherwise affect the inherent power of the court so that such order may be necessary for the ends of justice or to prevent abuse of court procedure.
Bring matter
Ghuznavi vs Allahabad Bank Limited:
Such vested power can be exercised only where the court is satisfied that the provisions of the code are not sufficient to carry out the precepts of the case: in the case of Justice Ashutosh Mookerjee, Ghujanvi v. Allahabad Bank Ltd.).
The court may rectify clerical or arithmetic errors in judgments, scripts or orders or errors arising from any accidental slip or omission at any time either on its motion or on the application of either party.
The court may, at any time and cost or otherwise, fit such terms as may be amended, any defect or error in any proceeding and all necessary amendments intended to determine the actual question or issue will be done, by or on the basis of such proceedings.
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