Proceeding civil

In Jaswant Singh and others vs. Parkash Kaur and anothe- (2018) 12 SCC 249, the Hon’ble Apex Court held as follows:

“Para 28: It is relevant to note that expression “proceedings” as referred to in explanation contains only an inclusive definition. What is explained in explanation is not exhaustive rather inclusive. Dismissal of an application Under Order IX Rule 13 Code of Civil Procedure in default, is an order passed in miscellaneous proceedings, which is expressly included in Section 141 Code of Civil Procedure explanation. But whether the application dated 21.08.2002 to recall the order dated 19.10.2001 is also a miscellaneous proceeding, covered by miscellaneous ‘proceedings’ under Section 141 Code of Civil Procedure. The answer has to be ‘yes’ thus, application dated 21.08.2002 is also a miscellaneous proceeding in which proceeding, the procedure prescribed in the Code for suits is to be followed.”

Notes

The above decisions relate to the Interlocutory Applications of other categories. Order VII Rule 11 of CPC seeking to reject the I.A.Nos.193 and 194 of 2016. The provisions under Order VII Rule 11 of CPC deals with the rejection of plaint only. It does not deal with the rejection of the applications. There is no mandate under Order VII Rule 11 CPC, anywhere to apply these circumstances to miscellaneous applications and reject those applications. Generally, Interlocutory Applications are filed for certain reliefs during the pendency of the suit. Therefore, miscellaneous applications are required to be determined on meritsMerits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process.. A jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. to dismiss the suit has to be distinguished from jurisdiction to reject the Plaint. The mandatory provision contained in Rule 11 are intended for cases to see that vexatious litigation are not allowed to consume the timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) of the Court.