Understanding Injunctions in Civil Procedure Code: Meaning, Kinds, and Procedures, Study Guides, Projects, Research of Civil Law

Download Understanding Injunctions in Civil Procedure Code: Meaning, Kinds, and Procedures and more Study Guides, Projects, Research Civil Law in PDF only on Docsity! Title Prayers in Suit where Injunction is sought Subject Civil Procedure Code Student name Priyanshi R Talesra Roll number & Division 176-C College Name Jitendra Chauhan College of Law Name of the faculty Prof. Archana Shrivastava Prof. S.V Rajadhyax 1 | P a g e ACKNOWLEDGMENT I feel great pleasure that I got an opportunity to present my LLB 3rd Year Interpretaion of Statue project before you. Firstly I am thanking my professor, Adv. S. V Rajadhyax and Prof. Archana Shrivastava as they have tried very hard and put lots of efforts to guide me, I am also thankful because they have given their valuable time to help me. And lastly I am also thankful to my friends and parents who guided me during the preparation of this project Date 7th Sep, 2022. Place Mumbai Signature Priyanshi .R.Talesra 2 | P a g e civil lawsuits. Under the CPC, lawsuits are started by presenting a plaint with a specific format, whereas lawsuits like those for divorce are started by merely presenting a petition on behalf of or on behalf of either spouse. It should be noted that a "suit" and "writs" are two distinct things. The purpose of a lawsuit is to uphold legal rights only—not political or religious rights—but the "writs" are focused on upholding the Fundamental Rights protected by Part III of the Indian Constitution. Only HC and SC have Writ jurisdiction governed by the Indian Constitution.1 The Civil Procedure Code of 1908 does not provide a definition for the word "suit." According to Chamber's 20th Century Dictionary (1983), it is a general term with a broad meaning that refers to any legal proceeding in which one or more parties sue another or parties and the plaintiff seeks the legal remedy available to him for the redress of any harm or the enforcement of a right, whether at law or in equity. This phrase refers to a legal action taken by one or more parties against a third party, according to the Black's Law Dictionary (7th Edition). Others hold that a "suit" also refers to an appellate proceeding, but not an execution proceeding.2 3. Stages of Suits a) Presentation of the plaint Order 7 of CPC 1908: The initial stage or beginning point of all pleading in a lawsuit in India is the filing of the plaint in court. By filing a complaint, the entire civil law judicial procedure is launched. b) Service of Summons on Defendant (Order 5): The service of summons on the defendant constitutes the second stage of the civil action. The court will use a summons to formally address the defendant whose name appears in the plaint. It serves as a means of notifying the individual who is the subject of civil proceedings and who must appear in court to defend himself. A suitable court officer will be instructed to notify the individual mentioned that he must attend on the specified day and answer the claim in the lawsuit. 1 Ref: https://www.legalservicesindia.com/article/2212/Institution-of-Suit-and-its-Essentials.html, visited on 5th August, 2022. 2 Ref: https://www.legalservicesindia.com/article/2212/Institution-of-Suit-and-its-Essentials.html, visited on 5th August, 2022. 5 | P a g e c) Appearance of parties: The next phase of the civil lawsuit, which is the appearance of the parties before the court on the scheduled day, began after the summons was properly delivered to the defendant. The court may continue ex parte if the defendant does not attend on the day specified in the summons. If the plaintiff is not present, the court may dismiss the case. If neither party shows up, the court may decide to dismiss the case. d) Ex-party Decree (Order 9): As previously stated, the court may proceed ex parte if the defendant does not show up on the day specified in the summons. When a lawsuit is ordered for hearing and summons is properly served, if the plaintiff shows up but the defendant does not, the court may order that suits be tried ex-parte in accordance with Order 9 of the CPC 1908. e) Filing of written statement by the defendant (Order 8): First and foremost, we need to understand what a written statement is. In reality, it is a statement made by the defendant in his answer to the plaintiff's complaint against him. It is the defendant in a lawsuit's rebuttal statement, particularly disputing the claims made against him in the plaintiff's plaint. Order 8 of the Code of Civil Procedure, 1908, contains the requirement regarding the written statement. f) Production of documents by parties (plaintiff and defendant): The next phase of the lawsuit is the parties' production of documents once the defendant completes the written statement. Both parties are now required to present any documents they have access to or control in court. Parties must petition to the court for the issuance of summonses to the authority or individuals whose possession these documents are in this case when they rely on a document that they do not have. In this situation, the parties are required to pay the court's production fee for the documents. g) Examination of parties: The framing of problems is the next step in a civil lawsuit. The court has a responsibility to frame the issues. The framing issue provision is found in Order 14 of the CPC. 6 | P a g e h) Framing of issues by the Court (Order 14): The next of the civil suit is the framing of issues. It is the duty of the court to framing issues. Order 14 of CPC provides the provision regarding the framing issues. i) Summoning and Attendance of Witnesses (Order 16): After the framing of issues parties shall present in the court a list of witnesses whom they propose to call either to give evidence or to produce documents. Such a list shall be present in the court on the day appointed and not later than 15 days after the date on which issues are settled. j) Hearing of suits and examination of witnesses: After the summoning of the witnesses, the next stage of the civil suit is hearing of suits and examination of witnesses commence. First right to begin is of plaintiff unless the defendant admits the facts alleged by the plaintiff and contend that either in point of law or on some additional facts alleged by the defendant the plaintiff is not entitled to any part of the relief, in such a case the defendant has the right to begin. The plaintiff has to submit the evidence that was earlier marked if any evidence was not marked earlier then it will not be considered by the court. And the defendant’s advocate will cross-examine the plaintiff and also to the witnesses who are from the plaintiff’s side. And the defendant also presents his side of the story supported by his witnesses and evidence from his side and the plaintiff advocate also cross-examined the defendant. k) Argument: As soon as the stage of the hearing of suits and examination of witnesses is over then the suit is kept for the next stage i.e. argument. Once the evidence has been submitted and cross-examination is conducted by both parties, then both sides are allowed to present a summary of the case and evidence to the judge in the final session. l) Judgment: The next stage of the civil suit is judgment, which means the statement given by the judge on the ground of which a decree is passed. 7 | P a g e a) Cases in which temporary injunction may by granted: 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 that the defendant threatens, or intends, to remove or dispose of his property with a view to defraud his creditors. The court may 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 as the court thinks fit until the disposal of the suit or until further orders. b) Injunction to restrain repetition or continuance of breach:- (1) In any suit for restraining the defendant from committing a breach of contract or other injuries of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right. (2) The court may by order grant such injunction, on such terms as to the duration of the injunction, keeping an account, giving security, or otherwise, as the court thinks fit. (3) In case of disobedience, or of breach of any such terms, the court granting an injunction may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding six months, unless in the meantime the court directs his release. (4) No attachment under this rule shall remain in force for more than one year, at the end of which time, if the disobedience or breach continues, the property attached may be sold, 10 | P a g e and out of the proceeds the court may award such compensation as it thinks fit, and shall pay the balance, if any, to the party entitled thereto. It should be noted that grant of an injunction is discretionary with the court. Section 36 of the Specific Relief Act, 1963 expressly lays down that Preventive relief is granted at the discretion of the court by injunction, temporary or perpetual. Therefore the court will grant a temporary injunction if the following conditions are satisfied: (i) The plaintiff must establish a prima facie case. He is not required to make out a clear title, but he must establish that there is a substantial question to be investigated and that matters should be preserved in status quo until the injunction is finally disposed of. (ii) An irreparable injury would result if the injunction were refused and that there is no other remedy open to the applicant by which he could protect himself from the consequences of the apprehended injury. (iii) The conduct of the plaintiff has not been blameworthy. (iv) The balance of convenience requires that the injunction should be granted. 2) A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act which would be contrary to the rights of the plaintiff. 7. Stages of Suit for Injunction A suit for an injunction before a civil court in India is a prolonged but effective legal remedy and legal process during which the opposite party is asked to file his written statement. 11 | P a g e STAGE-I. The plaint filed by the plaintiff that is the person approaching the civil court is considered as the basic document. STAGE-II. The opposite party is directed to file a written statement to the said planned. STAGE-III. After filing of the written statement, the plaintiff is directed to file his rejoinder. STAGE-IV. The court after that identifies the issues in dispute and frames issues for the trial of the suit. STAGE-V. The parties are directed to file their evidence before the court. The plaintiff is at first directed to lead his evidence before the court which may be oral or documentary by producing witnesses in its support as well as summoned records from various sources in support of its case. STAGE-VI. The opposite party i.e. the Defendant is directed to lead its evidence both oral as well as documentary. STAGE-VII. The court hears the arguments and decides the matter finally. STAGE-VIII. Decree if passed by the court finally determining the rights of the parties. The court may also reject the suit. The entire process of trial of a suit is strictly governed by the provisions of the code of civil procedure code, the Indian evidence act and various other related acts based upon the facts of the case. 8. Law Regulating to Civil Suit In India 12 | P a g e