Law relating to Civil Procedure

(i)In the case A.R. Antulay vs. R.S. Nayak and Ors. (29.04.1988 - SC) : 1988 AIR 1531, the issue was whether the a case triable by Special Judge as provided under Criminal Law Amendment Act, 1952 could be transferred to High Court or not. It was held that Court by its directions cannot confer jurisdiction to High Court of Bombay to try any case by itself for which it does not possess such jurisdiction.

The power to create or enlarge jurisdiction is legislative in character, so also the power to confer a right of appeal or to take away a right of appeal. Parliament alone can do it by law and no Court, whether superior or inferior or both combined can enlarge the jurisdiction of a Court or divest a person of his rights of revision and appeal. Thus, a Court by its discretion cannot confer jurisdiction to High Court to try any case by itself for which it does not possess such jurisdiction.

(ii)The jurisdiction of Courts depending upon their powers are as under:

(a)Original Jurisdiction- A court tries and decides suits filed before it.

(b)Appellate jurisdiction- A court hears appeals against decisions or decrees passed by sub- ordinate Courts.

(c)Criminal and Appellate jurisdiction- the Supreme Court, the High Courts and the District Courts have both original and appellate jurisdictions in various matters.

A territorial limit of jurisdiction for each court is fixed by the Government. Section 6 of the Code of Civil Procedure, 1908 deals with Pecuniary jurisdiction. Section 9 of Civil Procedure Code states that the Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognisance is either expressly or impliedly barred.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2023, Q. 5(c) (Syllabus 2022).

(1)Any person may lodge a caveat in triplicate in any appeal or petition or application that may be instituted before National Company Law Tribunal by paying the prescribed fee after forwarding a copy by registered post or serving the same on the expected petitioner or appellant and the caveat shall be in the form prescribed and contain such details and particulars or orders or directions, details of authority against whose orders or directions the appeal or petition or application is being instituted by the expected appellant or petitioner or applicant which full address for service on other side, so that the appeal or petition or application could be served before the appeal or petition or interim application is taken up:

Provided, that the Tribunal may pass interim orders in case of urgency.

(2)The caveat shall remain valid for a period of ninety days from the date of its filing.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2020, Q. 4(a) (Syllabus 2017).

The essentials of presentation of petition or appeal before the National Company Law Tribunal (NCLT) are that every petition, application, caveat, interlocutory application, documents and appeal shall be presented in triplicate by the appellant or applicant or petitioner or respondent, as the case may be, in person or by his duly authorised representative or by an advocate duly appointed in this behalf in the prescribed form with stipulated fee at the filing counter and non-compliance of this may constitute a valid ground to refuse to entertain the same.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2024, Q. 2A(iii) (Syllabus 2017).

Part III of the National Company Law Appellate Tribunal Rules, 2016 dealing with the provisions relating to Institution of appeals. The Procedure before of appeal before NCLAT is as under:

1)Manner and Language for Presentation - Every appeal to the Appellate Tribunal shall be in English and in case it is in some other Indian language, it shall be accompanied by a copy translated in English and shall be fairly and legibly type-written or printed in double spacing on one side of standard paper with an inner margin of about four centimeters width on top and with a right margin of 2.5 cm, and left margin of 5cm, duly paginated, indexed and stitched together in paper book form.

2)Cause Title - The cause title shall state "In the National Company Law Appellate Tribunal" and also set out the proceedings or order of the authority against which it is preferred.

3)Format of pleadings - Appeal shall be divided into paragraphs and shall be numbered consecutively and each paragraph shall contain as nearly as may be, a separate fact or allegation or point.

4)Marking the date - Where Saka or other dates are used, corresponding dates of Gregorian calendar shall also be given.

5)Description of parties - Full name, parentage, description of each party and address and in case a party sue or being sued in a representative character, shall also be set out at the beginning of the appeal and need not be repeated in the subsequent proceedings in the same appeal.

6)Numbering of parties - The names of parties shall be numbered consecutively and a separate line should be allotted to the name and description of each party and these numbers shall not be changed and in the event of the death of a party during the pendency of the appeal, his legal heirs or representative, as the case may be, if more than one shall be shown by sub-numbers.

7)Representation by Legal heirs or representative in case of death - Where fresh parties are brought in, they may be numbered consecutively in the particular category, in which they are brought in.

8)Reference to the relevant provision - Every proceeding shall state immediately after the cause title and the provision of law under which it is preferred.

9.Service of Summons - The address for service of summons shall be filed with every appeal on behalf of a party and shall as far as possible contain the following items namely:-

(a)the name of the road, street, lane and Municipal Division or Ward, Municipal Door and other number of the house:

(b)the name of the town or village;

(c)the post office, postal district and PIN Code; and

(d)any other particular necessary to identify the addressee such as fax number, mobile number and e-mail address, if any.

10.Initialling alteration : Every interlineation, eraser or correction or deletion in any appeal shall be initialled by the party or his authorised representative.

11.Presentation of appeal :

(i)Every appeal shall be presented in Form NCLAT-1 in triplicate by the appellant or petitioner or applicant or respondent, as the case may be, in person or by his duly authorised representative duly appointed in this behalf in the prescribed form with stipulated fee at the filing counter and non-compliance of this may constitute a valid ground to refuse to entertain the same.

(ii)Every appeal shall be accompanied by a certified copy of the impugned order.

(iii)All documents filed in the Appellate Tribunal shall be accompanied by an index in triplicate containing their details and the amount of fee paid thereon.

(iv)Sufficient number of copies of the appeal or petition or application shall also be filed for service on the opposite party as prescribed.

(v)In the pending matters, all other applications shall be presented after serving copies thereof in advance on the opposite side or his advocate or authorised representative.

(vi)The processing fee prescribed by the rules, with required number of envelopes of sufficient size and notice forms as prescribed shall be filled along with memorandum of appeal.

12.Number of copies to be filed : The appellant or petitioner or applicant or respondent shall file three authenticated copies of appeal or counter or objections, as the case may be, and shall deliver one copy to each of the opposite party.

13.Endorsement and verification : At the foot of every appeal or pleading there shall appear the name and signature of the authorised representative and every appeal or pleadings shall be signed and verified by the party concerned in the manner provided by these rules.

14.Translation of document :

(i)A document other than English language intended to be used in any proceeding before the Appellate Tribunal shall be received by the Registry accompanied by a copy in English, which is agreed to by both the parties or certified to be a true translated copy by the authorised representative engaged on behalf of parties in the case.

(ii)The Registrar may order translation, certification and authentication by a person approved by him for the purpose on payment of such fee to the person, as specified by the Chairperson.

(iii)Appeal or other proceeding shall not be set down for hearing until and unless all parties confirm that all the documents filed on which they intend to rely are in English or have been translated into English and required number of copies are filed with the Appellate Tribunal.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2022, Q. 5(a) (Syllabus 2017).

All documents relating to the matters in issue in the possession or power of any adversary can be inspected by means of discovery by documents. Any party may apply to the Court for an order directing any other party to the suit to make discovery on oath the documents which are or which have been in his possession or powers relating to any matter in question. The Court may on hearing the application either refuse or adjourn it, if it is satisfied that such discovery is not necessary at all or not necessary at the stage. Or if it thinks fit in its discretion, it may make order for discovery limited to certain classes of documents.

Every party to a suit may give notice to the other party at or before the settlement of issues to produce for his inspection any document referred to in the pleadings or affidavits of the other party. If the other party refuses to comply with this order he shall not be allowed to put any such document in evidence (Order 11, Rule 15 of Civil Procedure Code, 1908), unless he satisfies the Court that such document relates only to his own title, he being a defendant to the suit or any other ground accepted by the Court. Documents not referred to in the pleadings or affidavits may be inspected by a party if the Court allows (Order 11, Rule 18 of Civil Procedure Code, 1908).

A party may refuse to produce the document for inspection on the following grounds:

(i)where it discloses a party’s evidence;

(ii)when it enjoys a legal professional privilege;

(iii)when it is injurious to public interest;

(iv)denial of possession of document.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2024, Q. 2(a) (Syllabus 2017).

A minor is a person (i) who has not completed the age of 18 years and (ii) for whom or his/her property a guardian has been appointed by a Court, or whose property is under a Court of Wards, the age of majority is completed at the age of 21 years.

Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor. The next friend should be a person who is of sound mind and has attained majority. However, the interest of such person is not adverse to that of the minor and that he is not in the case of a next friend, a defendant for the suit. (O.32, Rules 1 and 4 of Civil Procedure Code ).

Where the suit is instituted without a next friend, the defendant may apply to have the plaint taken off the file, with costs to be paid by the pleader or other person by whom it was presented. (O.32, R.2).

Where the defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor [O.32, R.3(1)].

An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff [O.32, R.3(2)] A person appointed as guardian for the suit for a minor shall, unless his appointment is terminated by retirement, removal or death, continues as such throughout all proceeding arising out of the suit including proceedings in any appellate or revisional court and any proceedings in the execution of a decree. [O.32, R.3(5)].

When minor attains majority - When the minor plaintiff attains majority he may elect to proceed with the suit or application or elect to abandon it. If he elects the former course, he shall apply for an order discharging the next friend and for leave to proceed in his own name and the title of the suit will be corrected. If he elects to abandon the suit or application, he shall, if a sole plaintiff or sole applicant apply for an order to dismiss the suit on repayment of the costs incurred by the defendant or opposite party etc.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2020, Q. 5(a) (Syllabus 2017).

Order 37 of the Civil Procedure Code provides for a summary procedure in respect of certain suits. The object is to prevent unreasonable obstruction by a defendant. A procedure by way of summary suit applies to suits upon bill of exchange, hundies or promissory notes, when the plaintiff desires to proceed under the provisions of Order 37.

The rules for summary procedure are applicable to the High Courts, City Civil Courts and Small Courts and such other Courts.

Leave to defend Order 37 Rule 3 of the Civil Procedure Code prescribe the mode of service of summons etc. and leave to defend. The defendant is not entitled to defend the suit unless he enters an appearance within 10 days from the service of summons.

Such leave to defend may be granted unconditional or upon such term as the Court or the Judge may think fit. However, such leave shall not be granted where:

(1)the Court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial defence or that the defences are frivolous or veracious, and

(2)the part of the amount claimed by the plaintiff and admitted by the defendant to be due from him is not deposited by him in the Court.

On the hearing of such summons for judgement, the plaintiff shall be entitled to judgement provided the defendant has not applied for leave to defend or if such application has been made and is refused or where the defendant is permitted to defend but he fails to give the required security within the prescribed time or to carry out such other precautions as may have been directed by the Court.

After decree, the Court may, under special circumstances set-aside the decree and if necessary stay or set aside execution, and may give leave to the defendant to appear and to defend the suit. (Order 37 Rule 4)

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2019, Q. 4(d) (Syllabus 2017).

Order 37 of Civil Procedure Code, 1908 provides for a summary procedure in respect of certain suits. A procedure by way of summary suit applies to suits upon bill of exchange, hundis or promissory notes, or to suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising— a. on a written contract; or b. on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or c. on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only.

Since Ramesh issued a promissory note, Rahul was justified in filing a summary suit.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2026, Q. 1(a)(v) (Syllabus 2022).

The Court may grant temporary injunction to restrain any such act or make such other order for the purpose of staying and preventing the wasting, damaging, alienation or sale or removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit; where it is proved by affidavit or otherwise:

a.that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or b. that the defendant threatens, or intends to remove or dispose of his property with a view to defrauding his creditors, or c. that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit.

It would be necessary for the plaintiff to satisfy the Court that (i) substantial and irreparable harm or injury would be suffered by him if such temporary injunction (till the disposal of the suit) is not granted (ii) the balance of convenience lies in his/ her favour and (iii) that such loss or damage or harm cannot be compensated by damages.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2019, Q. 3(c) (Syllabus 2017).

The important stages in the proceedings of a civil suit under the Code of Civil Procedure, 1908 are as follows:

(i)Presentation of Plaint - According to Order 4, of CPC, every suit shall be instituted by Presentation of Plaint.

(ii)Service of Summons - According to Order 5, when a suit has duly been instituted, a summons may be issued to the defendant by the court.

(iii)Filling of Written Statement, set off and Counter claims - According to order 8, the defendant shall, within 30 days from the date of service of summons on him, present a written statement to his defence. This is subject to the proviso to said rule, which may allow to file within 120 days on payment of costs.

(iv)Appearances of Parties - According to Order 9, the parties should appear on the day fixed by summons.

(v)Examination of Parties - Order 10, the court examines the parties to the court.

(vi)Framing of Issues - The court frames the Issues according to Order 14.

(vii)Hearings - The court hears the parties according to Order 18.

(viii)Judgement - The court pronounces the decree according to Order 20.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2023, Q. 2A(iii) (Syllabus 2017).

Order V, Rule 20 of the Civil Procedure Code, 1908 deals with the provision relating to substituted service and its effects. The requirements relating to the said rule is as under:

When can be issued : Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by substituted service.

Modes of substituted service:

1.By affixing a copy thereof in some conspicuous place in the Court-house, and also upon some conspicuous part of the house (if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Court thinks fit.

2.By an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain.

Effect of substituted service : Service substituted by order of the Court shall be as effectual as if it had been made on the defendant personally.

Where service is substituted by order of the Court, the Court shall fix such time for the appearance of the defendant as the case may require.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2022, Q. 1(c) (Syllabus 2017).

Rule 6 of Order VIII of Code of Civil Procedure, 1908 deals with set-off which is a reciprocal acquittal of debts between the plaintiff and defendant. It has the effect of extinguishing the plaintiff’s claim to the extent of the amount claimed by the defendant as a counter claim.

In the case of Jitendra Kumar Khan and Ors. vs. The Peerless General Finance and Investment Company Limited and Ors. (07.08.2013 - SC) : 2013 ALL SCR 3259, it has been decided that Equitable set-off is different than the legal set-off; that it is independent of the provisions of the Code of Civil Procedure; that the mutual debts and credits or cross-demands must have arisen out of the same transaction or to be connected in the nature and circumstances; that such a plea is raised not as a matter of right; and that it is the discretion of the court to entertain and allow such a plea or not.

In view of the above discussion, it can be said that in India distinction between Legal and Equitable set-off is recognised.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2023, Q. 6A(iv) (Syllabus 2022).

Set-off Order VIII, Rule 6 of Civil Procedure Code, 1908 deals with set-off which is a reciprocal acquittal of debts between the plaintiff and defendant. It has the effect of extinguishing the plaintiff's claim to the extent of the amount claimed by the defendant as a counter claim.

Under Order VIII , Rule 6 of Civil Procedure Code, 1908 where in a suit for the recovery of money the defendant claims to set off against the plaintiff?s demand any ascertained sum of money legally recoverable by him from the plaintiff not exceeding the pecuniary jurisdiction of the Court and where both parties fill the same character as in the plaintiff is suit, the defendant may, at the first hearing of the suit, but not afterwards unless permitted by the Court, present a written statement containing the particulars of the debt sought to be set-off.

Counter-claim A defendant in a suit may, in addition to his right of pleading a set-off under Rule 6, set up by way of counterclaim against the claim of the plaintiff, any right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after the filling of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired, whether such counterclaim is in the nature of claim for damages or not. Such counter-claim must be within the pecuniary jurisdiction of the Court. (Order VIII, Rule 6A).

Effect of Set-off The written statement shall have the same effect as a plaint in a cross-suit so as to enable the Court to pronounce a final judgement in respect both of the original claim and of the set-off, but this shall not affect the lien, upon the amount decreed, of any pleader in respect of the costs payable to him under the decree.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2019, Q. 3(a) (Syllabus 2017).

In suits by or against minors, Order XXXII of the Civil Procedure Code, 1908 lays down the mandatory procedure for proper representation of minors through a guardian ad litem.

Where the defendant is a minor, the Court, upon being satisfied of such fact, shall appoint a proper person to be the guardian for the suit on behalf of the minor [Order 32, Rule 3(1)]. Such appointment may be made on the application of the minor or by the plaintiff [Order 32, Rule 3(2)]. A person appointed as guardian for the suit shall, unless removed or deceased, continue to represent the minor throughout all proceedings arising out of the suit, including appellate, revisional, and execution proceedings [Order 32, Rule 3(5)].

All applications and orders concerning a minor in a suit must be made through the minor’s next friend or guardian. Any orders made without such representation can be set aside if it is shown that the pleader knew or should have known about the minor’s status. This provision safeguards their legal rights and ensures proper representation in Court. (Order 32, Rule 5)

In this case, the decree was passed in contravention of Order XXXII of the Code of Civil Procedure,

1908. Raj was a minor at the time when the suit was instituted as well as when the house was sold in execution of the decree. It is well-settled that a decree passed against a minor without the appointment of a guardian is null and void, being passed without jurisdiction. As there was no guardian ad litem appointed for Raj, the decree stands vitiated and unenforceable in law.

Consequently, no valid title could pass to Prabhu under a void decree. Therefore, Prabhu’s claim for possession of the house is not legally tenable.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2025, Q. 2(b) (Syllabus 2022).

According to Order XXXIX, Rule 1, where in any suit it is proved by affidavit or otherwise—

(a)that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or

(b)that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors,

(c)that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the Court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit as the Court thinks fit, until the disposal of the suit or until further orders.

In this case, the sculpture was a rare and valuable artefact and if Yogesh disposed that property to his benefit it would be an irreparable loss to Sunny. Hence, Sunny may approach the Court and the court may grant temporary injunction in favour of Sunny because if not granted it would lead to an irreparable loss to him.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2025, Q. 3(a) (Syllabus 2022).

As the presiding officer of the court, I would carefully consider X’s suit to recover possession of the movable property against Y, along with the allegation that Y may dispose of the property to his benefit. In such cases, the issuance of a temporary injunction or stay order can be crucial to prevent the alleged wrongful disposal of the property.

It is necessary to refer to the following points:

A.The case of Dalpat Kumar and Ors. vs. Prahlad Singh and Ors. (16.12.1991 - SC) : AIR 1993 SC 276 In this case, Court held that three main requirements are to be satisfied while granting a temporary injunction:

1.There should be a Prima facie case

2.If an injunction is not granted, it would lead to irreparable loss and,

3.Balance of convenience.

It was stated by the Court that:

“Satisfaction that there is a prima facie case by itself is not sufficient to grant the injunction. The Court further has to satisfy that non-interference by the Court would result in “irreparable injury”

to the party seeking relief and that there is no other remedy available to the party except one to grant the injunction and he needs protection from the consequences of apprehended injury or dispossession. The third condition also is that “the balance of convenience” must be in favor of granting an injunction.

B.Provision relating to Power to order interim sale As per Rule 6 of Order XXXIX, the Court may, on the application of any party to a suit, order the sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any movable property, being the subject-matter of such suit, or attached before judgment in such suit, which is subject to speedy and natural delay, or which for any other just and sufficient cause, it may be desirable to have sold at once.

After analyzing the facts and circumstances of the case, I am likely to give necessary relief as per the above mentioned discussion.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2024, Q. 2(b) (Syllabus 2022).

The Rule of Res Sub Judice relates to a matter which is pending judicial enquiry while Res Judicata relates to a matter adjudicated upon or a matter on which judgement has been pronounced. Res Sub Judice bars the trial of a suit in which the matter directly or substantially is pending adjudication in a previous suit, whereas rule of res judicata bars the trial of a suit of an issue in which the matter directly and substantially in issue has already been adjudicated upon in a previous suit between the same parties under the same title.

Res Judicata arises out of considerations of public policy viz., that there should be an end to litigation on the same matter. Res-Judicata presumes conclusively the truth of the former decision and ousts the jurisdiction of the Court to try the case. It is however essential that the matter directly and substantially in issue must be the same as in the former suit and not matters collaterally or incidentally in issue.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2019, Q. 6(b) (Syllabus 2017).

Rights of a party to appear before the National Company Law Tribunal are as under:

(1)Every party may appear before a Tribunal in person or through an authorised representative, duly authorised in writing in this behalf.

(2)The authorised representative shall make an appearance through the filing of Vakalatnama or Memorandum of Appearance in specified Form representing the respective parties to the proceedings.

(3)The Central Government, the Regional Director or the Registrar of Companies or Official Liquidator may authorise an officer or an Advocate to represent in the proceedings before the Tribunal.

(4)The officer authorised by the Central Government or the Regional Director or the Registrar of Companies or the Official Liquidator shall be an officer not below the rank of Junior Time Scale or company prosecutor.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2019, Q. 2(d) (Syllabus 2017).

Rule 45 of the NCLT Rules deals with rights of a party to appear before the Tribunal.

According to Rule 45:

(1)Every party may appear before a Tribunal in person or through an authorised representative, duly authorised in writing in this behalf.

(2)The authorised representative shall make an appearance through the filing of Vakalatnama or Memorandum of Appearance in Form No. NCLT - 12 representing the respective parties to the proceedings.

(3)The Central Government, the Regional Director or the Registrar of Companies or Official Liquidator may authorise an officer or an Advocate to represent in the proceedings before the Tribunal.

(4)The officer authorised by the Central Government or the Regional Director or the Registrar of Companies or the Official Liquidator shall be an officer not below the rank of Junior Time Scale or company prosecutor.

(5)During any proceedings before the Tribunal, it may for the purpose of its knowledge, call upon the Registrar of Companies to submit information on the affairs of the company on the basis of information available in the MCA21 portal.

Reasons for such directions shall be recorded in writing.

(6)There shall be no audio or video recording of the Bench proceedings by the parties or their authorised representatives.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2020, Q. 2A(iii) (Syllabus 2017).

Section 10 of the Civil Procedure Code, 1908 provides that no Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties or between parties under whom they or any of them claim, litigating under the same title, where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.

Doctrine of Res Sub Judice restricts or bar under Section 10 of the Civil Procedure Code, 1908.

However, the pendency of a suit in a foreign court does not preclude the Courts in India from trying a suit founded on the same cause of action.

To prevent Courts of concurrent jurisdiction from simultaneously trying two parallel suits in respect of same matter in issue, Section 10 is enacted. The purpose is also to avoid conflict of decision. It is really intended to give effect to the rule of res judicata.

The institution of second suit is not barred by Section 10. It merely says that the trial cannot be proceeded with.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2018, Q. 1(b) (Syllabus 2017).

Section 10 of the Civil Procedure Code, 1908 deals with the concept of stay of suit i.e. res sub judice. It provides that no Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties or between parties under whom they or any of them claim, litigating under the same title, where such suit is pending in the same or any other Court (in India) having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.

However, the pendency of a suit in a foreign court does not preclude the Courts in India from trying a suit founded on the same cause of action.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2026, Q. 1(a)(iii) (Syllabus 2022).

Differentiation between rule of res judicata and res subjudice  Res judicata means a matter is already decided and cannot be heard again. Res judicata prevents a second trial of the formerly settled disputes. Whereas res subjudice applies to the pending suit.

It bars parallel proceedings. Res subjudice prevents parallel proceedings on the same matter.

 Res judicata is covered under Section 11 of the Code of Civil Procedure, 1908 whereas Res subjudice is covered under Section 10 of the Code of Civil Procedure, 1908.

 In Res judicata the suit had been decided by the competent court. The issue must be the same in subsequent and former suits. The suit must be filed between the same parties. The court must have jurisdiction. The former and subsequent suits have the same title. While in Res subjudice, there must be two suits and one must have already commenced. The matter in issue is the same.

The suit was filed in a competent court. The suit must be pending in court. The title of the suit and the parties are the same.

 Aim of Res judicata is to end the litigation proceedings. While Res subjudice aims to prohibit parallel proceedings between the same parties.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2023, Q. 4(c) (Syllabus 2017).

Section 11 of the Civil Procedure Code, 1908 deals with the doctrine of Res Judicata. According to this provision, no Court shall try any suit or issue in which the matter has been directly and substantially in issue in a former suit (i.e., suit previously decided) either between the same parties, or between parties under whom they or any of them claim, litigating under the same title in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised and finally decided by such Court.

Since, the Jodhpur court has already decided that the goods were not defective, Ramesh cannot raise the same issue in the Jaipur court.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2026, Q. 1(a)(iv) (Syllabus 2022).

Section 11 of the Civil Procedure Code, 1908(the Code) deals with the doctrine of Res Judicata.

According to the case, S.B. Temple v. V.V.B. Charyulu, (1971) 1 SCJ 215, the doctrine underlines the general principle that ‘no one shall be twice vexed for the same cause’.

According to this provision, no Court shall try any suit or issue in which the matter has been directly and substantially in issue in a former suit (i.e., suit previously decided) either between the same parties, or between parties under whom they or any of them claim, litigating under the same title in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised and finally decided by such Court. It is a pragmatic principle accepted and provided in law that there must be a limit or end to litigation on the same issues.

It prevents two different decrees on the same subject. Section 11 says that once a res is judicata, it shall not be adjudged again. The principle applies to suits in Section 11 of the Code; but even where Section 11 does not apply, the principle of res judicata has been applied by Courts for the purpose of giving finality to litigation.

For the applicability of the principle of res judicata embodied in Section 11, the following requirements are necessary:

(1)The matter directly and substantially in issue in former suit shall also be directly and substantially in issue in later suit. The expression “directly and substantially in issue means an issue alleged by one party and denied or admitted by the other either expressly or by necessary implications (Lonakutty v. Thomman, AIR 1976 SC 1645). In the matter of taxation for levy of municipal taxes, there is no question of res judicata as each year’s assessment is final for that year and does not govern latter years (Municipal Corporation v. Madan Mohan, AIR 1976 43).

A suit for eviction on reasonable requirement was compromised and the tenant was allowed to continue as tenant for the subsequent suit for ejectment on the ground of reasonable requirement, it was found that some reasonable requirement had been present during the earlier suit. The second suit was not maintainable.

(2)The former suit has been decided - former suit means which is decided earlier.

(3)The said issue has been heard and finally decided.

The issue or the suit itself is heard and finally decided, then it operates as res judicata and not the reasons leading to the decision (Mysore State E. Board v. Bangalore W.C. & S. Mills, AIR 1963 SC 1128). However, no res judicata operates when the points could not have been raised in earlier suit. (Prafulla Chandra v. Surat Roit AIR 1998 Ori. 41). But when a suit has been decided on merits, and the appeal is dismissed on a preliminary point, it amounts to the appeal being heard and finally decided and the decision operates as res judicata (Mukunda Jana v. Kanta Mandal, AIR 1979 NOC 116).

(4)Such former suit and the latter are between the same parties or litigation under the same title or persons claiming under parties above (Isher Singh v. Sarwan Singh, AIR 1965 SC 948).

In short, this principle applies where an issue which has been raised in a subsequent suit was directly and substantially in issue in a former suit between the same parties and was heard and decided finally. Findings incidentally recorded do not operate as res judicata (Madhvi Amma Bhawani Amma v. Kunjikutty P.M. Pillai, AIR 2000 SC 2301).

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2024, Q. 1(c) (Syllabus 2017).

Section 11 of the Code of Civil Procedure 1908, deals with the doctrine of Res Judicata that is, bar or restraint on repetition of litigation of the same issues. It is a pragmatic principle accepted and provided in law that there must be a limit or end to litigation on the same issues. The doctrine underlines the general principle that no one shall be twice vexed for the same cause. For the applicability of the principle of res judicata embodied in Section 11, the following requirements are necessary:

1.The matter directly and substantially in issue in former suit shall also be directly and substantially in issue in latter suit.

2.The issue or the suit itself is heard and finally decided, then it operates as res judicata.

3.Such former suit and the latter are between the same parties or litigation under the same title or persons claiming under parties above.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2021, Q. 2(a) (Syllabus 2017).

A consent or compromise decree is not a decision by Court. It is an acceptance of something to which the parties had agreed. The Court does not decide anything. The compromise decree merely has the seat of the Court on the agreement of the parties. As such, the principle of res judicata does not generally apply to a consent or compromise decree. But when the court on the facts proved comes to a conclusion that the parties intended that the consent decree should have the effect of deciding the question finally, the principle of res judicata may apply to it.

Section 11 of the Code of Civil Procedure, 1908 deals with the doctrine of Res Judicata.

The doctrine underlines the general principle that no one shall be twice vexed for the same cause, however, it does not apply in case of Consent and Compromise between parties, but depends on the Court, subject to the facts of the case.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2021, Q. 2(a) (Syllabus 2017).

Section 11 of the Code of Civil Procedure, 1908 deals with the doctrine of res judicata. According to this provision, no Court shall try any suit or issue in which the matter has been directly and substantially in issue in a former suit (i.e., suit previously decided) either between the same parties, or between parties under whom they or any of them claim, litigating under the same title in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised and finally decided by such Court. It is a pragmatic principle accepted and provided in law that there must be a limit or end to litigation on the same issues.

In the given situation, A filed a suit against B in 2019 claiming that B had wrongfully evicted him from a property. The court in its judgment in 2021, decided in B’s favour, stating that the eviction was lawful and dismissed A’s claim. In 2023, A files a new suit against B on the same grounds, seeking to reopen the case. In the given situation, the principle of res judicata prevents re-opening of the case based on the same grounds, as it was already adjudicated by the court. Therefore, B’s argument is valid. The new suit filed by A in 2023, based on the same cause of action, is barred by the doctrine of res judicata.

The doctrine of res judicata underlines the general principle that no one shall be twice vexed for the same cause (S.B. Temple v. V.V.B. Charyulu, (1971) 1 SCJ 215).

It prevents two different decrees on the same subject. Section 11 says that once a res is judicata, it shall not be adjudged again. The principle applies to suits in Section 11 of the Code; but even where Section 11 does not apply, the principle of res judicata has been applied by Courts for the purpose of giving finality to litigation. For the applicability of the principle of res judicata embodied in Section 11, the following requirements are necessary:

(1)The matter directly and substantially in issue in former suit shall also be directly and substantially in issue in later suit. The expression “directly and substantially in issue” means an issue alleged by one party and denied or admitted by the other either expressly or by necessary implications.

(2)The former suit has been decided - former suit means which is decided earlier.

(3)The said issue has been heard and finally decided.

(4)Such former suit and the latter are between the same parties or litigation under the same title or persons claiming under parties above.

In short, this principle applies where an issue which has been raised in a subsequent suit was directly and substantially in issue in a former suit between the same parties and was heard and decided finally.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2024, Q. 2(c) (Syllabus 2022).

The main aim of CPC is to facilitate justice and seek an end to the litigation rather than provide any form of punishment and penalties. Reference and Review are remedies provided under Civil Procedure Code, 1908 to cater different situation. These situations are as under:

Reference Section 113 of the Civil Procedure Code, 1908 provides that subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit.

Reference is made to the High court when it has reasonable doubt during any suit, appeal, execution proceeding etc. Reference means referring a case to High court on a question of law.

The underlying object for this provision is to enable subordinate court to obtain, in non-appealable cases, the opinion of High court in the absence of a question of law and there by avoid the commission of an error which could not be remedied later on. Such provision also ensures that the validity of a legislative provision (Act, Ordinance or regulation) should be interpreted and decided by the highest court in the state and there wouldn't remain any chance of misrepresentation. Reference should be made before passing of the judgment in the court.

Review The right of review has been conferred by Section 114 of the Civil Procedure Code, 1908. It provides that any person considering himself aggrieved by a decree or order may apply for a review of judgement to the court which passed the decree or made the order on any of the grounds as mentioned in Order 47 Rule 1, namely:

(i)discovery by the applicant of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or

(ii)on account of some mistake or error apparent on the face of the record, or

(iii)for any other sufficient reason, and The Court may make such order thereon as it thinks fit.

Review is the process of judicial re-examination of a case by the same court and by the same judge who has passed the judgment or order. The procedure of review has been embedded in the legal system to correct and prevent miscarriage of Justice.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2023, Q. 2A(ii) (Syllabus 2017).

The right of review has been conferred by Section 114 and Order 47 Rule 1 of the Civil Procedure Code 1908. It provides that any person considering himself aggrieved by a decree or order may apply for a review of judgement to the court which passed the decree or made the order on any of the grounds as mentioned in Order 47 Rule 1, namely— i. discovery by the applicant of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or ii. on account of some mistake or error apparent on the face of the record, or iii. for any other sufficient reason, and the Court may make such order thereon as it thinks fit.

Whereas Section 115 of the Civil Procedure Code 1908 deals with revision. The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears—

(a)to have exercised a jurisdiction not vested in it by law, or

(b)to have failed to exercise a jurisdiction so vested, or

(c)to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order as it thinks fit.

Provided that the High Court shall not vary or reverse any order made or any order deciding an issue in the course of a suit or proceeding except where the order, if it had been made in favour of the party applying for revision would have finally disposed of the suit or other proceedings.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2019, Q. 2(c) (Syllabus 2017).

Section 115 of the Code of Civil Procedure, 1908 (the Code) deals with revision. The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears –

(i)to have exercised a jurisdiction not vested in it by law, or

(ii)to have failed to exercise a jurisdiction so vested, or

(iii)to have acted in the exercise of its jurisdiction illegally or with material irregularity, The High Court may make such order as it thinks fit.

Provided that the High Court shall not vary or reverse any order made or any order deciding an issue in the course of a suit or proceeding except where the order, if it had been made in favour of the party applying for revision would have finally disposed off the suit or other proceedings.

The High Court shall not vary or reverse any decree or order against which an appeal lies either to the High Court or any Court subordinate thereto.

A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or proceeding is stayed by the High Court.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2024, Q. 6(b) (Syllabus 2017).

According to section 12(1) of the Commercial Courts Act, 2015, the Specified Value of the subject-matter of the commercial dispute in a suit, appeal or application shall be determined in the following manner:––

(a)where the relief sought in a suit or application is for recovery of money, the money sought to be recovered in the suit or application inclusive of interest, if any, computed up to the date of filing of the suit or application, as the case may be, shall be taken into account for determining such Specified Value;

(b)where the relief sought in a suit, appeal or application relates to movable property or to a right therein, the market value of the movable property as on the date of filing of the suit, appeal or application, as the case may be, shall be taken into account for determining such Specified Value;

(c)where the relief sought in a suit, appeal or application relates to immovable property or to a right therein, the market value of the immovable property, as on the date of filing of the suit, appeal or application, as the case may be, shall be taken into account for determining Specified Value; and

(d)where the relief sought in a suit, appeal or application relates to any other intangible right, the market value of the said rights as estimated by the plaintiff shall be taken into account for determining Specified Value

Alternate Answer

The Specified Value of the subject-matter of the commercial dispute in a suit, appeal or application under the Commercial Courts Act, 2015 shall be determined by –

(a)In case of recovery of money – the value should include interest accrued so far, upto the date of filing of application or suit.

(b)In case of movable property or right in it – the value shall be computed taking into account market value of the movable property as on the date of filing of the suit or application.

(c)In case of immovable property or right in it - the value shall be computed taking into account market value of the immovable property as on the date of filing of the suit or application.

(d)In case of other intangible right - the value shall be computed taking into account estimated market value of such right by plaintiff as on the date of filing of the suit or application.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2025, Q. 6A(ii) (Syllabus 2022).

According to Section 16 of the Civil Procedure Code, 1908 subject to the pecuniary or other limitations prescribed by any law, the following suits (relating to property) shall be instituted in the Court within the local limits of whose jurisdiction the property is situated:

(a)for recovery of immovable property with or without rent or profits;

(b)for partition of immovable property;

(c)for foreclosure of sale or redemption in the case of a mortgage or charge upon immovable property;

(d)for the determination of any other right to or interest in immovable property;

(e)for compensation for wrong to immovable property;

(f)for the recovery of movable property actually distraint or attachment.

It has also been provided by a proviso that where relief could be obtained through personal obedience of the defendant such suit to obtain relief for compensation or respecting immovable property can be instituted either in a local Court within whose local limits of jurisdiction the property is situated or in the Court within whose local limits of jurisdiction the defendant voluntarily resides or carries on business or personally works for gain. According to the Explanation, “property” means property situated in India.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2022, Q. 6A(iii) (Syllabus 2017).

According to section 16 of the Code of Civil Procedure, 1908, subject to the pecuniary or other limitations prescribed by any law, the following suits (relating to property) shall be instituted in the Court within the local limits of whose jurisdiction the property is situated:

a)for recovery of immovable property with or without rent or profits;

b)for partition of immovable property;

c)for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property;

d)for the determination of any other right to or interest in immovable property;

e)for compensation for wrong to immovable property;

f)for the recovery of movable property actually under distraint or attachment.

Further, It has been provided by a proviso that where relief could be obtained through personal obedience of the defendant such suit to obtain relief for compensation or respecting immovable property can be instituted either in a local Court within whose local limits of jurisdiction the property is situated or in the Court within whose local limits of jurisdiction the defendant voluntarily resides or carries on business or personally works for gain.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2021, Q. 6A(iv) (Syllabus 2017).

Section 19 of the Code of Civil Procedure, 1908 provides the provisions relating to Suits for compensation for wrongs to person or movables. It states:

Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2023, Q. 1(d) (Syllabus 2022).

According to section 2(14) of the Code of Civil Procedure, 1908 (Code) “order” means the formal expression of any decision of a Civil Court which is not a decree.

According to Section 104 of the Code, no appeal lies against orders other than what is expressly provided in the Code or any other law for the time being in force. Under the Code appealable orders are:

(i)an order under Section 35A, i.e., for compensatory costs in respect of false or vexatious claims within pecuniary jurisdiction of the Court, but only for the limited ground that no order should have been made, or that such order should have been made for a lesser amount.

(ii)an order under Section 91 or Section 92 refusing leave to institute a suit under Section 91 (Public nuisances and other wrongful acts affecting the public) or Section 92 (alleged breach of trust created for public purposes of a charitable or religious nature).

(iii)an order under Section 95, i.e., compensation for obtaining arrest attachment or injunction on insufficient grounds.

(iv)an order under any of the provisions of the Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree.

(v)any order made under rules from which an appeal is expressly allowed by the rules.

No appeal lies from any order passed in appeal under this section.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2024, Q. 6A(ii) (Syllabus 2017).

“Decree” is defined in Section 2(2) of the Civil Procedure Code, 1908 as (i) the formal expression of an adjudication which, so far as regards the Court expressing it; (ii)

conclusively; (iii) determines the rights of the parties; (iv) with regard to all or any of the matters in controversy; (v) in the suit and may be either preliminary (i.e. when further proceedings have to be taken before disposal of the suit) or final.

But decree does not include:

(a)any adjudication from which an appeal lies as an appeal from an Order, or

(b)any order of dismissal for default.

Essentials of a decree are:

—There must be a formal expression of adjudication.

—There must be a conclusive determination of the rights of the parties.

—The determination must be with regard to or any of the matters in controversy in the suit.

—The adjudication should have been given in the suit.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2020, Q. 2A(ii) (Syllabus 2017).

“Decree” is defined in Section 2(2) of the Civil Procedure Code, 1908(Code) as:

(i)the formal expression of an adjudication which, so far as regards the Court expressing it;

(ii)conclusively;

(iii)determines the rights of the parties;

(iv)with regard to all or any of the matters in controversy;

(v)in the suit and may be either preliminary (i.e., when further proceedings have to be taken before disposal of the suit) or final.

The decree shall be deemed to include the rejection of a plaint and the determination of any question within Section 144 (application for restitution) of the Code. But decree does not include:

(a)any adjudication from which an appeal lies as an appeal from an Order, or

(b)any order of dismissal for default..

According to the explanation to the definition, a decree may be partly preliminary and partly final.

A decree comes into existence as soon as the judgement is pronounced and not on the date when it is sealed and signed. (Order 20 Rule 7)

A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. The preliminary decree is not dependent on the final. On the other hand, final decree is dependent and subordinate to the preliminary decree, and gives effect to it. The preliminary decree ascertains what is to be done while the final decree states the result achieved by means of the preliminary decree. If the preliminary decree is set aside the final decree is automatically superseded.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2024, Q. 2(c) (Syllabus 2017).

Decree-holder “Decree-holder” means any person in whose favour a decree has been passed or an order capable of execution has been made. [Section 2(3) of Civil Procedure Code, 1908 (CPC)] Thus, a person who is not a party to the suit but in whose favour an order capable of execution is passed is a decree-holder.

Judgement-debtor “Judgement-debtor” means any person against whom a decree has been passed or an order capable of execution has been made. [Section 2(10) of CPC]. The definition does not include legal representative of a deceased judgement-debtor.

Example - Due to negligence of Y, person X suffers some injuries and approaches to the court to claim compensation against Y for the same. Court decides the case in favor of X providing him the compensation for the injuries inflicted to him due to Y’s negligence.

•X will be the decree-holder

•Y will be the judgment debtor

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2026, Q. 6A(ii) (Syllabus 2022).

According to section 20 of the Civil Procedure Code, 1908 (CPC), subject to the limitations aforesaid (previous sections of CPC), every suit shall be instituted in a Court within the local limits of whose jurisdiction—

(a)the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or

(b)any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally works for gain, as aforesaid, acquiesce in such institution; or

(c)the cause of action, wholly or in part, arises.

Although Ramesh resides in Jodhpur, the contract was executed and goods were dispatched from Jaipur. Therefore, part of the cause of action arose in Jaipur, giving the Jaipur Court territorial jurisdiction.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2026, Q. 1(a)(ii) (Syllabus 2022).

According to Section 20(a) of Civil Procedure Code, 1908, subject to the limitations aforesaid i.e. Section 15, 16, 17, 18 and 19, every suit shall be instituted in a Court within the local limits of whose Jurisdiction the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain.

The provisions relating to limitation are explained as under:

1.Section 15 - Court in which suits to be instituted : Every suit shall be instituted in the Court of the lowest grade competent to try it.

2.Section 16 - Suits to be instituted where subject-matter situate : Subject to the pecuniary or other limitations prescribed by any law, suits (a) for the recovery of immovable property with or without rent or profits, (b) for the partition of immovable property, (c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property, (d) or the determination of any other right to or interest in immovable property, (e) for compensation for wrong to immovable property, (f) for the recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate.

However, a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.

3.Section 17 - Suits for immovable property situate within jurisdiction of different Courts : Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate:

However, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such Court.

4.Section 18 - Place of Institution of suit where local limits of jurisdiction of Courts are uncertain : Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts, any immovable property is situate, any one of those Courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if the property were situate within the local limits of its jurisdiction:

However, that the suit is one with respect to which the Court is competent as regards the nature and value of the suit to exercise jurisdiction.

Where a statement has not been recorded under section 18(1), and an objection is taken before an Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a Court not having jurisdiction where the property is situate, the Appellate or Revisional Court shall not allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable ground for uncertainty as to the court having jurisdiction with respect thereto and there has been a consequent failure of justice

5.Section 19 - Suits for compensation for wrongs to person or movables : Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2022, Q. 6(d) (Syllabus 2017).

Under section 210(2) of the Companies Act, 2013, National Company Law Tribunal (NCLT) has power to order investigation of the affairs of the Company.

Under Section 213 of the Companies Act, 2013, NCLT may ask the Central Government to investigate into the affairs of the Company in other cases on application where the business of the Company is being conducted with intention to defraud creditors, persons concerned in the formation of the company or a management of its affairs have been guilty of fraud, misfeasance of other misconduct and members have not been given all the information with respect to the affairs of the Company.

Under section 216 (2) of the Companies Act, 2013, NCLT has power to order investigation of ownership of Company.

Under section 218 (1) of the Companies Act, 2013, NCLT may pass suitable orders for the protection of the employees in respect of investigation under section 210, 212, 213 and 219.

Under section 221 (1) of the Companies Act, 2013, NCLT can order freezing of assets of company on inquiry and investigation in case of complaint made by its members, for a period of 3 years.

Under Section 222 (1) of the Companies Act, 2013, NCLT can impose restrictions in connection with securities.

Under Section 224 (2) of the Companies Act, 2013, NCLT can entertain petition for Winding up of a company or Body Corporate in pursuance of Inspector's report.

Under Section 224 (3) of the Companies Act, 2013, NCLT can hear petition for winding up of a Company presented by Central Government.

Under Section 224 (5) of the Companies Act, 2013, NCLT may, on application of Central Government, pass order for disgorgement of assets and other matters.

Under 1st Proviso to Section 226 of the Companies Act, 2013, NCLT can pass orders after inspector’s intimation of pendency in investigation proceedings before him.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2022, Q. 3(b) (Syllabus 2017).

Section 3 of the Civil Procedure Code, 1908 lays down that for the purposes of this Code, the District Court is subordinate to the High Court and every Civil Court of a grade inferior, to that of a District and every Court of Small Causes is subordinate to the High Court and District Court.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2026, Q. 1(a)(i) (Syllabus 2022).

As per section 408 of the Companies Act, 2013, the Central Government shall, by notification, constitute, a Tribunal to be known as the National Company Law Tribunal consisting of a President and such number of Judicial and Technical members, as the Central Government may deem necessary, to be appointed by it by notification, to exercise and discharge such powers and functions as are, or may be, conferred on it by or under the Companies Act, 2013 or any other law for the time being in force. With the constitution of the NCLT, the Company Law Board (CLB) constituted under the Companies Act, 1956 stands dissolved. The President shall be a person who is or has been a Judge of a High Court for five years. The President of the NCLT will be appointed after consultation with the Chief Justice of India. There are a number of NCLT benches in India and the main bench sits in Delhi.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2021, Q. 4(b) (Syllabus 2017).

Section 421 of the Companies Act, 2013 deals with appeal from orders of National Company Law Tribunal and provides as under:

(1)Any person aggrieved by an order of the National Company Law Tribunal may prefer an appeal to the National Company Law Appellate Tribunal.

(2)No appeal shall lie to the National Company Law Appellate Tribunal from an order made by the National Company Law Tribunal with the consent of parties.

(3)Every appeal shall be filed within a period of forty-five days from the date on which a copy of the order of the National Company Law Tribunal is made available to the person aggrieved and shall be in such form, and accompanied by such fees, as may be prescribed:

Provided that the National Company Law Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days from the date aforesaid, but within a further period not exceeding forty-five days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within that period.

(4)On the receipt of an appeal, the National Company Law Appellate Tribunal shall, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.

(5)The National Company Law Appellate Tribunal shall send a copy of every order made by it to the National Company Law Tribunal and the parties to appeal.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2019, Q. 5(a) (Syllabus 2017).

Section 421 of the Companies Act, 2013 provides the provisions relating to Appeal from Orders of National Company Law Tribunal (Tribunal). It states:

(1)Any person aggrieved by an order of the Tribunal may prefer an appeal to the Appellate Tribunal.

(2)No appeal shall lie to the Appellate Tribunal from an order made by the Tribunal with the consent of parties.

(3)Every appeal under section 421 (1) shall be filed within a period of forty-five days from the date on which a copy of the order of the Tribunal is made available to the person aggrieved and shall be in such form, and accompanied by such fees, as may be prescribed:

Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days from the date aforesaid, but within a further period not exceeding forty-five days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within that period.

(4)On the receipt of an appeal under sub-section (1), the Appellate Tribunal shall, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.

(5)The Appellate Tribunal shall send a copy of every order made by it to the Tribunal and the parties to appeal.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2024, Q. 2A(iii) (Syllabus 2017).

Section 421 of the Companies Act, 2013 deals with appeal from orders of Tribunal as follows:

(1)Appeal to NCLAT - Any person aggrieved by an order of the Tribunal may prefer an appeal to the Appellate Tribunal.

(2)No appeal in consent orders - No appeal shall lie to the Appellate Tribunal from an order made by the Tribunal with the consent of parties.

(3)Limitation period for appeals - Every appeal shall be filed within a period of forty-five days from the date on which a copy of the order of the Tribunal is made available to the person aggrieved and shall be in such form, and accompanied by such fees, as may be prescribed.

However, the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days from the date aforesaid, but within a further period not exceeding forty-five days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within that period.

(4)Order after reasonable opportunity - On the receipt of an appeal, the Appellate Tribunal shall, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.

(5)Copies to parties- The Appellate Tribunal shall send a copy of every order made by it to the Tribunal and the parties to appeal.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2023, Q. 4(b) (Syllabus 2017).

According to Section 425 of the Companies Act, 2013, the National Company Law Tribunal and the National Company Law Appellate Tribunal shall have the same jurisdiction, powers and authority in respect of contempt of themselves as the High Court has and may exercise, for this purpose, the powers under the provisions of the Contempt of Courts Act, 1971, which shall have the effect subject to modifications that

(a)the reference therein to a High Court shall be construed as including a reference to the Tribunal and the Appellate Tribunal; and (b) the reference to Advocate-General in section 15 of the said Act shall be construed as a reference to such Law Officers as the Central Government may, specify in this behalf.

Rule 25 of the National Company Law Tribunal Rules, 2016 provides that any person may lodge a caveat in triplicate in any appeal or petition or application that may be instituted before this National Company Law Tribunal by paying the prescribed fee after forwarding a copy by registered post or serving the same on the expected petitioner or appellant and the caveat shall be in the form prescribed and contain such details and particulars or orders or directions, details of authority against whose orders or directions the appeal or petition or application is being instituted by the expected appellant or petitioner or applicant with full address for service on other side, so that the appeal or petition or application could be served before the appeal or petition or interim application is taken up. The caveat shall remain valid for a period of ninety days from the date of its filing.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2019, Q. 2(d) (Syllabus 2017).

In a civil case, a defendant has four remedies available if an ex-parte decree is passed against him:

(i)He may file an appeal against the ex-parte decree under Section 96 of the Civil Procedure Code.

(ii)He may file an application for review of the judgement. (Order 47, Rule 1 of the Civil Procedure Code)

(iii)He may apply for setting aside the ex-parte decree.

(iv)A suit can also be filed to set aside an ex-parte decree obtained by fraud but no suit shall lie for non-service of summons.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2018, Q. 4(d) (Syllabus 2017).

A defendant has four remedies available if an ex-parte decree is passed against him. These are as follows:

(i)He may file an appeal against the ex-parte decree under Section 96 of the Code of Civil Procedure, 1908

(ii)He may file an application for review of the judgement. (Order. 47, Rule.1)

(iii)He may apply for setting aside the ex-parte decree.

(iv)A suit can also be filed to set aside an ex-parte decree obtained by fraud but no suit shall lie for nonservice of summons.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2022, Q. 2A(iii) (Syllabus 2017).

The Court may grant temporary injunction for the purpose of staying and preventing the wasting, damaging, alienation or sale or removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit; where it is proved by affidavit or otherwise:

(a)that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or

(b)that the defendant threatens, or intends to remove or dispose of his property with a view to defrauding his creditors, or

(c)that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit.

It would be necessary for the plaintiff to satisfy the Court that he has a prima facie case in the sense that even a superficial look at the facts of the case will show that the plaintiff’s case has some merit. Further, the balance of convenience should also lie in favour of the plaintiff. For example, in a suit for eviction of a tenant from a rented premises, the balance of convenience would lie in favour of the tenant who is occupying the property. Moreover, the plaintiff will also have to satisfy the Court that substantial and irreparable harm or injury would be suffered by him if such temporary injunction (till the disposal of the suit) is not granted and that such loss or damage or harm cannot be compensated by damages.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2021, Q. 3(a) (Syllabus 2017).

Temporary injunction - The Court may grant temporary injunction to restrain any such act or make such other order for the purpose of staying and preventing the wasting, damaging, alienation or sale or removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit, where it is proved by affidavit or otherwise:

(a)that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or

(b)that the defendant threatens, or intends to remove or dispose of his property with a view to defrauding his creditors, or

(c)that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit.

It would be necessary for the plaintiff to satisfy the Court that substantial and irreparable harm or injury would be suffered by him if such temporary injunction (till the disposal of the suit) is not granted and that such loss or damage or harm cannot be compensated by damages.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2021, Q. 6(d) (Syllabus 2017).