Ashishbholalawclasses

     Place of Suing •       When the plaintiff intends to file the Civil Suit against any defendant then generally the first questions which arises in the mind of the plaintiff -  Where to file the Civil Suit against the defendant ? . •       These questions will be answered by Section 15 to 20 of CPC which deals with the provisions relating to place of suing. •       Out of which Section 15 of the Code requires the plaintiff to file the civil suit in the court of lowest grade   which is competent to try the civil suit. •       Section 16 to 18 of the Code deals with the suits relating to immovable property . •       Section 19 of the Code applies to the suits for compensation for wrong caused to the person or to the movable property . •       Section 20 is a residuary section and it covers all the cases which are not dealt with by Sections 15 to 19 of the Code. •       Section 21 of the Code recognizes the well- established principle that the defect as to the territoria

  Enforcement of Foreign Judgment A foreign judgment which is conclusive under section 13 of the code can be enforced in India in two ways: 1. By instituting the execution proceedings. 2.By instituting a suit on such foreign judgment;     If the foreign judgment is passed by the superior court of the reciprocating territory then it will be enforced by filing the execution proceedings. But if the foreign judgment is not passed by the superior court of reciprocating territory then it will be enforced by instituting a civil suit on the basis of such foreign judgment.                                                    1. Execution Proceedings A foreign judgment   which is passed by the superior court of reciprocating territory can be enforced by filing the execution proceedings in India under the provisions of Section 44-A of the Code. Section 44-A : Execution of decrees passed by courts in reciprocating territory : 1. Where a Certified Copy of a decree of any of the superio

     Foreign Judgment •       In this lecture we will discuss as to when the foreign judgments will be operative as res judicata in India and when it will not operate as res judicata in India. •       Section 13 and 14 of The Code of Civil Procedure 1908 enacts a rule of res-judicata in case of  foreign judgments. •       Section 13 of CPC is divided into two parts. The first part of Section states about the general rule of private international law  that the foreign judgments shall be conclusive in nature and will be enforceable by Indian Courts between the same parties to the suit. Whereas the second part of section 13 contains 6 exceptions  under  which the foreign judgments shall not be conclusive and will operate not as res judicata in Indian Courts. •       The expression “Foreign Judgment” under section 2(6) of the code means the judgment of a foreign court. •       Foreign Court under section 2(5) of the code means a court situated outside India and not established or

  List of Rules in CPC which bar a fresh suit in respect of the same cause of action. Section 12 Bar to Further Suit : Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action , he shall not be entitled to institute a suit in respect of such cause of action in any Court to which this code applies.                                Comments “ Rules ” u/s 2(18) of CPC means rules which are contained in the First Schedule or rules made by the High Court u/s 122 or 125 of CPC. The following is a List of the Rules that bar a fresh suit in respect of the same cause of action. 1.      Order 2 Rule 2 : According to this rule    - Where a plaintiff omits to sue in respect of or intentionally relinquishes any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.    - Where a person entitled to more than one relief in respect of the same cause of action may sue for all or a