Relief under The Civil Procedure Code
The Civil Court is empowered to give various types of relief and orders. All such relief and order can be clubbed into two categories, viz.
- Initial/Temporary orders.
- Final Orders.
There are also various types of temporary or initial orders, each of a different kind, and having a different implication altogether. They are:
Temporary Injunction (Order 39)
Generally civil suits takes a long time to decide. In such cases, if the court feels that, till the final order, the subject matter of suit is likely to be destroyed, it may grant "TEMPORARY IN JUNCTION", to protect the subject matter. These injunctions are as follows:
- Restrain the defendant from damaging or disposing his property.
- Restrain the defendant from dispossessing the plaintiff from disputed property.
- Restraining the defendant from doing any other act which may make the whole suit infructous.
- Restraining the defendant from committing any breach of contract.
Restraining the defendant from committing injury of any kind.
However later on during the pending of suit or at the time of final hearing the court may revoke or modify the injunction granted.
INTERLOCUTORY ORDER (O39, R 6-R10)
Interlocutory orders are also somewhat similar to temporary injunctions. Interlocutory order only settles intervening matter relating to the cause. Such orders are made to secure some end and purpose necessary and essential to the progress of case and generally collateral to the issues to be settled by the court in the final judgement. These orders are also of different natures, such as:
- Interim Sale: Interim sale of any movable property may be ordered, if it is subject to natural decay, such as vegetable etc.
Detention Preservation , Inspection, etc of subject matter of suit
The court may order for:
- Detention, preservation or inspection of property or documents.
- Authorize any person to enter into any land or building, which is in the possession of other party, for the purposes of detention, preservation or inspection etc.
To authorize any person to take samples.
Deposit of Money: If the subject matter of suit is money, or movable Property, the court may order the person holding the money in dispute to be deposited in the court.
Order of "RES JUDICATA" (Some issue cannot be raised, once decided) ( sec 10 & 11)
- "Res Judicata" means an issue, which has already been decided by the court, in a previous case, cannot be raised again in a subsequent case.
If such an issue, which is raised again, is substantial and material in a case, then the court may dismiss the whole case out rightly, before final hearing
- These are some suits, which have to be filed within a specified time limit if they are filed, after the expiry of time specified, then the court may dismiss it at once, without going into any merits or details of the case.
- For example (Limitation Act, 1963 schedule)
- Suit for on account and a share of the profits of a dissolved partnership
- 3 years, from date of dissolution.
- Many payable for money lent
- 3 years, from the date when the loan is made.
- Suit for possession of immovable property or any interest therein based on title
- 12 years, from the date of possession of the defendant becomes adverse to the plaintiff.
LACK OF JURISDICTION
A court may dismiss the case outright, if, it (the court) does not have requisite jurisdiction, either pecuniary or territorial.
DISMISS IN DEFAULT (Order 4)
- If neither party appears on the date of hearing then the court is entitled to dismiss the suit,
- If the Defendant appears and the plaintiff does not appear, then the court is bound to dismiss the suit
However, if the plaintiff appears and the defendant does not appear, then the court is authorised to either postpone the hearing or proceed with the suit "Exparte", i.e. without defendant.
DISPOSAL OF THE SUIT AT FIRST HEARING (Order 15)
A Court may also dispose of the suit in it's very first hearing, on any one of the following grounds:-
- NO ISSUE: If no relevant issue is raised before the court, by either of the parties during first hearing, the court may dispose of the suit.
- ONE OF SEVERAL DEFENDANTS NOT AT ISSUE:
- If there are more than one defendant, and any of the defendant is not in issue i.e. not connected with the case filed, then the court may dispose of the suit against or in favour of such defendant only.
With respect to other defendants, the suit will continue in its usual course.
FAILURE TO PRODUCE EVIDENCE: If either party, fails to produce evidence without any justifiable reasons, then the court may pass a judgement, without going any further.
IRRELEVANT PARTIES: If irrelevant parties have been imploded in the plaint, the court may either order for deletion of such names, or outrightly reject the suit.
SECURITY TO BE DEPOSITED BY DEFENDANT OR PLAINTIFF (Order 24 & 25)
- The court may order the defendant to deposit a specific amount of money, in a suit filed against him for recovery of any debt.
- The court may also order plaintiff to deposit any kind of security, on an application made by the defendant
- Such an order is passed, to ensure the Bonafide and Integrity of the parties to the suits.
Once a final order is passed by the court, the case is said to be disposed of in favour of either of the parties. Such a final order consists of more than one order. They are:-
JUDGEMENT (Order 20)
- A judgement means decision of the court, on the issues raised before it. In other words judgement is a final decision, which decide about rights and liabilities of the court.
- The court may pronounce judgement orally on the day of final hearing, or at some other short date.
- Once, a judgement has been passed a certified copy of the judgement can be obtained on payment of nominal amount within 15 days.
- The judgement shall contain:
- Points for determination
- Concise statement of the case
- Reason for such decision,
Issues framed if any, and decision on each issue.
DECREE (Order 20, Rule 6)
- A decree contains, more than judgement. It contains the following:
- It shall agree with the judgement,
- Number of the suit
- Names and descriptions of the parties
- Registered Addresses of parties
- Particulars of the claim
- Relief granted on other determination
- Amount of the costs incurred in the suit
- Who shall pay the cost, and how and in what proportion it shall be paid.
Date on which judgement was pronounced.
A decree is drawn up within 15 days from the date on which the judgement is pronounced.
A copy of decree can also be obtained in the same way, as a copy of judgement.
In case of a suit for Recovery of Money, if Decree is passed against defendant, then after the decree is passed, defendant may apply to the court for postponing the payment, or that, money be paid in installments.
There can be various kinds of Decrees, such as:-
- Decree for recovery of immovable property,
- Decree for delivery of movable property,
- Decree for possession
Decree for specific Performance of contact for the sale etc.
EXECUTION (OF DECRESS AND ORDERS) (order 21)
Generally an order or judgement is not sufficient for the party in whose favour it has been passed. Many a times it becomes necessary to execute the order through court, as the opposite party may still not follows the order.
This usually happens in case of Money suits, suits for partition, demolition of property etc. In brief the procedure is as follows:
Court on it's own motion:
The court, may on it's own motion, order for the execution of it's order, by directing the opposite party to either deposit money in court, or furnish a surety, or any other direction.
Application by Decree-Holder (O21 R10)
- A decree holder (i.e. one in whose favour, the decree has been passed) can also apply to the court, which passed the decree, for it's execution.
- The application shall be signed and verified by the applicant, and in writing It should also contains the details of the suit and order passed.
- When the application is admitted, the court shall enter the date on which it was made and pass necessary order for execution.
- Then the court shall issue process for execution of the decree O21 R24
- Finally on the date mentioned in the execution order the officer interested shall endorse the execution process.
- In the execution order, if the court feels the need, it may also order for:
Attachment of the property of person, against who decree has been passed.or
Sale of the property.
The court may pass such an order, if it feels that the debtor is not willing or unable to pay the money due to the decree holder, or compensate in any other manner.