1. Important Matters & Aspects involved in Civil Proceedings

2. Proceedings in Superior Courts
Appeal, Reference, Review & Revision (Parts VII & VIII C.P.C.)

3. Appeals (Part VII) From Original Decrees (S.96):- Appeal lies from:-
Original Decrees (including) Ex-parte Decree,
But not from consent Decrees;

4. Powers of Appellate Court
To determine case finally;
To remand a case;
To Frame Issues & refer for trial;
To Take or require to take additional evidence;
Appeal is treated as a continuation of the suit

5. Appeals From Orders (S. 104)
Orders generally cannot be appealed against, excepting the Appealable ones;
But no second appeal from Appealable Orders;

6. Review & Revision
Review:- Of Judgement in the same Court, within 30 days (S. 114 & O. O.XLVII);
Normally introduction of new matter / evidence not allowed;
Revision:- Before Superior Court within 90 days on jurisdictional irregularity (Ss. 115 & 115A);

7. Suits by & against Minors / Persons of unsound mind (O. XXXII C.P.C.)

8. Suits by/ against minors-I
Minor – Person not having attained majority in terms of S. 3 of Indian Majority Act;
To sue by next friend – if plaintiff (R.1);

9. Defending Minor in a Suit
Minor to be defended in a suit by a Guardian (R.3) :-
Court to appoint Guardian;
Guardian to have no interest adverse to minor;
Any person may be appointed Guardian by Court if there is no declared Guardian or other natural Guardian for minor ;

10. Suits by & against Persons of unsound mind
All the above provisions pertaining to minors apply almost exactly to persons of unsound mind (R. 15);

11. Interlocutory Matters &
Injunctions

12. (O. XXXIX C.P.C.) Interlocutory orders:-
Broad scope - any reasoned order on a party’s petition;
Narrow perspective - peculiar to interim relief / temporary injunction;

13. Injunctions Scope of order
Directing any party to do an act - “Mandatory” - comparatively uncommon;
Restraining a party from doing any act - “ Prohibitory /Preventive” - most common & frequent;

14. Necessary ingredients for granting a Temporary injunction
Prima facie case;
Balance of convenience;
Irreparable loss and injury;

15. Consequences of Disobedience / Breach of Temporary Injunctions (R.2A)
Disobedience or breach in the nature of a “Civil Contempt”;
Detention in civil prison up to 3 months;
Attachment of property up to 1 year after which if disobedience / breach continues, it may be sold ;
Court otherwise can also enforce its injunction order by any other means;

16. Commissions

17. Commissions & “ Commissioners”
Commissioners - Officers appointed by Court to perform certain specialized tasks;
Tasks performed mainly outside of Court;
Commissioners generally appointed from:-
i) Lawyers, or
ii) Others with specialized skills;

18. Issuance of Commissions-I (O. XXVI)
Commissions Issued for various purposes, such as:-
Examination of witnesses (R.1);
Local investigation (R.9);
Scientific investigations (R. 10 A);
Ministerial Acts (R. 10 B);
Sale of movable properties (R. 10 C);
Examining or adjusting accounts (R. 11);
Partition of immovable properties (R. 13);

19. Issuance of Commissions-II
Commissions also issued under O. XXXIX R. 7 CPC for inspection of property;

20. Issuance of Commissions-III
U / O. XXXIX the appointed commissioners can:-
Enter upon any property in possession of any party to suit;
Take any samples;
Make observations or experiments for obtaining full information / evidence;

21. EXECUTION

22. Execution Scheme under the Code
Substantive Law - Part II (Ss.36 to 74);
Procedural Aspect - O. XXI
Decrees and
Orders are
“Enforced /
implemented”
through execution

23. Powers of Court to enforce Execution (S. 51)
Means of Execution:-
Delivery of property specifically decreed;
Attachment & sale / sale without attachment;
Arrest and detention in prison ;
By appointment of receiver;
In any other manner as the nature of relief granted may require;

24. Arrest & Detention (S. 55 )
Judgement debtor may be arrested in execution of decree at any hour on any day (subject to compliance of prescribed formalities);
To be brought before Court as soon as practicable;
Women exempted from arrest / detention in execution for payment of money (S. 56);

25. Arrest and Detention- II
Period of detention (S. 58):-
Up to 3 months if value of decree exceeds Rs. 5,000/-;
Up to 6 weeks if value exceeds Rs. 2,000/-;
No detention if decretal amount is below Rs. 2,000/- [S.58 (1A)];

26. Attachment
Concept of “Attachment” envisages taking over the properties / assets of judgment debtor to satisfy decree;

27. Thank You