Civil Suits-Nature and Scope

KEYWORDS:- Civil Suit- Dismissal of Suit without trial-

Law Poster

In Alka Gupta vs Narender Kumar Gupta on 27 September, 2010 Supreme Court of India

Held :  Code of Civil Procedure is nothing but an exhaustive compilation- cum-enumeration of the principles of natural justice with reference to a proceeding in a court of law. The entire object of the Code is to ensure that an adjudication is conducted by a court of law with appropriate opportunities at appropriate stages. A civil proceeding governed by the Code will have to be proceeded with and decided in accordance with law and the provisions of  the Code, and not on the whims of the court. There are no short-cuts in the trial of suits, unless they are provided by law. A civil suit has to be decided after framing issues and trial permitting the parties to lead evidence on the issues, except in cases where the Code or any other law makes an exception or provides any exemption.

The Code enumerates the circumstances in which a civil suit can be dismissed without trial. We may refer to them (not exhaustive):

(a) Dismissal as a consequence of rejection of plaint under Order 7 Rule 11 of the Code in the following grounds : (i) where it does not disclose a cause of action; (ii) where the relief in the plaint is undervalued and plaintiff fails to correct the valuation within the time fixed; (iii) where the court fee paid is insufficient and plaintiff fails to make good the deficit within the time fixed by court: (iv) where the suit appears from the statement in the plaint to be barred by law; (v) where it is not filed in duplicate and where the plaintiff fails to comply with the provisions of Order 7 Rule 9 of the Code.

(b) Dismissal under Order 9 Rule 2 or Rule 3 or Rule 5 or Rule 8 for non- service of summary or non-appearance or failure to apply for fresh summons.

(c) Dismissal under Order 11 Rule 21 for non-compliance with an order to answer interrogatories, or for discovery or inspection of documents.

(d) Dismissal under Order 14 Rule 2(2) where issues both of law and fact arise in the same suit and the court is of opinion that the case or any part thereof may be disposed of on an issue of law only and it tries such issue relating to jurisdiction of the court or a bar to a suit created by any law for the time being in force first and dismisses the suit if the decision on such preliminary issue warrants the same.

(e) Dismissal under Order 15 Rule 1 of the Code when at the first hearing of the suit it appears that the parties are not at issue on any question of law or fact.

(f) Dismissal under Order 15 Rule 4 of the Code for failure to produce evidence.

(g) Dismissal under Order 23 Rules 1 and 3 of the Code when a suit is withdrawn or settled out of court.

18. The following provisions provide for expeditious disposal in  summary manner :

(i) Order V Rule 5 of the Code requires the court to determine, at the time of issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal of the suit (and the summons shall have to contain a direction accordingly). In suits to be heard by a court of small causes, the summons shall be for the final disposal of the suit.

(ii) Order 15 Rule 3 of the Code provides where the parties are at issue on some question of law or of fact, and issues have been framed by the court as hereinbefore provided, if the court is satisfied that no further argument or evidence than the parties can at once adduce is required upon such of the issues as may be sufficient for the decision of the suit, and that no injustice  will result from proceeding with the suit forthwith, the court may proceed to determine such issues, and, if the finding thereon is sufficient for the decision, may pronounce judgment accordingly, whether the summons has been issued for the settlement of issues only or for the final disposal of the suit. (But where the summons has been issued for the settlement of issues only, such a summary course could be adopted only where the parties or their pleaders are present and none of them objects to such a course).

(iii) Order 37 Rule 1 read with Rules 2& 3 of the relating to summary suits.

A suit cannot be shortcircuited by deciding issues of fact merely on pleadings and documents produced without a trial.

Devider First  Division 

Suit relating to Account

Suit relating to Contract

Suit relation to Decree and Instrument

Suit relating to Immovable property

Suit relating to Movable property

Suit relating to Torts

Suit relating to trust and trust property

Suit for arrears of rent

Suit for cancellation of decree

Suit for cancellation of an instrument

Suit for specific performance of a contract

Suit for rescission of a contract

Suit to set aside a transfer by a guardian

Suit for adverse possession

suit by the landlord to recover possession from a tenant

Suit to recover specific movable property

Suit for Defamation

Suit for pre-emption

Suit for possession of Hereditary Office

Suit by a person excluded from a joint family property to enforce his/her share

Suit for Easement

Suit for Eviction of Trespasser

Devider

Second Division 

Suit under Negotiable instrument

Suit under Intellectual property legislations

Suit under Matrimonial legislation

Suit for Maintenance

Suit for Injunction

Suit for Declaration

Suit for cancellation of Instrument

Devider

Third Division 

Suit by or against  government

Interpleader suit

Suit for stopping Public nuisance and any wrongful act

Suit by or against corporation

Suit against a firm

Suit against/by minor

Suits By/Against Persons Of Unsound Mind

Suit by/against Idol

Class Action suit

Mortgage Suit

Partnership Suit

Summary Suit

Suit in connection with Sales of Goods

Suit under Insolvency Law

Devider

Forth Division

Suit in connection with bailment and pledge

Suit on Agency or Agency Suit

Suit against the guarantor

Suit under rent control act for recovery of possession or eviction

Suit relating to Lease

Suit relating to License

Devider Fifth Division

Money suit

Partition suit

Suit for damages

Suit for compensation

Suit for damages for malicious prosecution

Suit for Contribution

Devider

Sixth Division

Suit to the Original side of High Court

Commercial Suit

Maritime Suit

Suit under Private International Law

Original Suit to Supreme Court

Devider