• LAWGIC STRATUM

An Insight into the types of Civil Suits

Author: Pasapala Syed Mustaq





Exordium:


The author hasbriefly explained the stages of the Civil Suit in his previous article titled “A trek to the stages of Civil Suit”[1]. In this column, the author would like to take you through the Types of Civil cases or Nature of Civil proceedings that we frequently hear. When we see the docket or the Plaint or Written Statement or any petition after the Name of the Court, there comes the Case type. The said Case type will be in short form in all petitions. Every law student will be curious to know what is the full form of the said short form. The would like to make a focal point here is that to know about the types of Civil cases is indispensable to every law student and layman too. It indicates that the aggrieved party has faced the property dispute or the party needs maintenance etc, or the party or his parents met with an accident, etc.

Here are some case types with a brief explanation about them.


1. Original Suit(O.S):


In the ambit of Original Suit, the suit ofPromissory note, declaration of title, Injunction orders, for Specific Performance, Bank related suits, etc. The most prevalent suit in Sub Courts among the other suits is the Original Suit. After filing the Plaint in Court, the Court will give the number to the said Original Suit, for Instance, O.S. 12/2020. The said number will follow in every document which is filing in the Court like Written Statement(W.S.), Affidavit, Counter Affidavit, IA, etc.


2. Insolvency Petition(I.P):


When did a person say to be Insolvent? When “A” borrowed the money from B or C(an Organization) a bulk amount which shall exceed Rs.500/- and has failed to repay the said amount to the appropriate lenders intime. And also the act The Provincial Insolvency,1920 helps both the creditors and debtor. The debtor can file a petition under Section 10 of said Act,1920 to adjudge him as an Insolvent and to save him from the creditors who are abusing and threatening for not repaying the amount. The creditors can file a petition under Section 9 of The Provincial Insolvency Act,1920. The creditor can file a petition when the debtor failed to pay the creditor and sold the property to the third party. There are some conditions to entertain the petition as follows: 1. The debtor has owned the money to the creditor or two or more creditor which shall have to exceed Rs.500/- and it shall be payable at the immediate time or further time and within three months. The new Insolvency Bankruptcy Code, 2016 vide section 243 has repealed The Presidency Towns and Insolvency Act,1909 and The Provincial Insolvency Act, 1920 but with provided exceptions.


3. Matrimonial Causes or Maintenace case(M.C):


Maintenace case will reach the Court when the husband is neglecting to maintain his wife and vice versa when the son or daughter neglecting to maintain his/ her parents and vice versa. The sacred book of citizens that is the Constitution of India has given equal rights to everyone irrespective of gender, caste, creed, etc. Thus, it is the right of every citizen of India to live his life peacefully and with basic amenities. Section 125 Crpc Petition has to file before the jurisdictional Court. Section 125 Crpc talks about Order for maintenance of Wives, Children, and Parents if any person who has sufficient means to live has neglecting to maintain his wife, children(Legitimate or illegitimate and parents. The said aggrieved party should satisfy the Court that, the person( Whether it may be her husband, his son or his daughter or her son or her daughter ) have sufficient means to maintain and also satisfy that he/she is unable to maintain himself or herself this is called Pre Conditions to grant Maintenace as held in Sunita Kachwaha vs Anil Kachwaha[2]And the said Section 125 Crpc is Social Justice Provision, it should have Social Context Adjudication from Adversarial approach held by the Apex Court in Badshah vs Urmila Badshah Godse[3] and Manoj Kumar vs Champa Devi[4], the Top Court has affirmed the decision made by the Himachal Pradesh(HP) High Court which says as follows: the Divorced Woman who has not remarried can be entitled to maintenance under Section 125 of Crpc even the divorced Muslim women also entitled to Maintenance.The daughter also has to maintain her parents as held in Vijay Manohar Arbat vs Kashirao Rajaram Sawai[5].The other following legislation where we can claim maintenance as followsSection 24 to 26 of Hindu Marriage Act, Maintenace, and Welfare of Parents and Senior Citizens Act, 2007, Hindu Adoption and Maintenace Act,1956, and finally Muslim Women (Protection of Rights on Divorce) Act, 1986.


4. Domestic Violence Case (DVC):


The Protection of Women from Domestic Violence Act, 2005 aims to protect from Violence from men. In the case of Indra Sarma vs V.K.V. Sarma[6] held that DV Act is Civil law in nature which gives the remedy to the women. In Hiralal P. Horsora vs Kusum Narottamdas[7] held that the word “adult male” has been struck down from section 2(q) which talks about the definition of “Respondent” and also stated that the remedy can also claim against the female member and non-adults.In D. Velusamy vs D. Patchaiammal[8] has given the wider meaning to Section 2( f) of Act, 2005 it held that even a Live-in relationship will come under the act and can also claim maintenance under Section 125 Crpc but the case has to satisfy the conditions as stated in Para No. 31 in judgment as follows :1) Their society should see them as Wife and Husband, 2) they should have attainedthe age to which they can marry,3)they should have qualified to enter into a legal marriage, 4) they must have voluntarily lived together for a significant period and they have lived together in a shared household as defined under Section 2(s) of Act, 2005. The averments in the Petition contains the torture and insult made by the person and the relatives of the person to the aggrieved party.


5. Execution Petition (E.P):


After the decree has been obtained by the party, the party will file a petition to execute the said decree known as Execution Petition. In execution terminology, the party who got the decree in their favor is known as Decree Holder, the party against is known as Judgment Debtor. According to Merriam Webster Dictionary, the word “Execution” means the process of enforcing a legal judgment against the judgment debtor[9]. The execution orders and decrees are covered under Section 36 to Section 74 and Order 21 of CPC. The said obtained can be enforced through various means. That is by way attaching the property of the Judgment Debtor, by arresting and keeping the judgment debtor in detention, by selling the property even without attachment, etc. The abovesaid provisions discuss elaborately execution.


6. Pre-Litigation case (PLC):


The words themselves take the meaning of “Pre-Litigation Case”. Before presenting the case in Court, the parties can approach the concerned Lok Adalat forum. If the authority thinks that the case can be settled in Lok Adalat. Such parties will be summoned to the date when the Lok Adalat will be conducted. Therefore, the case will be resolved by taking consent from both parties. This method of resolving disputes is called Meditation. The cases that cover was domestic, commercial, minor criminal cases, etc.


7. Interlocutory Application(I.A):


Interlocutory Application in short I.A., this application can file by any party to the Suit. Through I.A. the party can ask to inspect, or to get any copy of the document, or implead any person from either party or produce any document at any stage of the suit but before the judgment pronounced. Once the I.A. is allowed, the court will give the number to such application, for instance, I.A. 1/2020 the status of such I.A.


8. Copy Application (C.A):


To get any documents which are produced to the Court. If the applicant needs such a document or judgment. The said applicant has to file a Copy Application form will file details near the registry. Then the registry after looking into it and will take the copies from the appropriate section of the Court. Then the copies will be stamped and sealed by the name of the Court. The copies are received from the Court, it can be said that it is original as same as Original document in hand.Thus, it is regarded as a Certified Copy.


9. Caveat:


Caveat has defined vide Section 148A of CPC, the caveat is a Latin term which means “Let the person be aware”. The Caveat petition can file by any party whether he is a party to the suit or not but he has the right and he concern for the subject matter of the suit. Through the said petition, the party is praying the Court not to pass any order in the subject matter of the suit without giving notice to the caveator. One example for better understanding: “A” is a party to the suit who filed Plaint in Court, but the suit went in favor of “B” the opposite party. Since it was not in favor of “A”, the said party will file an appeal to the higher court or Appellate Court. Now, the opposite party i.e; B, will file a Caveat Petition before the said Appellate Court stating all about the case and will be praying not to decide without giving notice to the said party i.e;B. In Nirmal Chand vs Girindra Narayan[10] the Calcutta High Court has defined the Caveat and held as follows: It is caution or warning to the court through notice not to grant or take any step without giving notice to the Caveator.The said will be valid for 90 days from the date of filing.


Appeal Side:


1. Appeal Suit(A.S):


The term “Appeal” has not been defined in CPC but according to the Merriam Webster Dictionary, the term “Appeal” means legal proceedings by which a case is brought before a higher Court for review of the decision of a lower Court[11]. In Nagendra Nath Dey vs Suresh Chandra Dey[12] held that any application by a party to an appellate court asking the Court to set aside or reverse a decision of a subordinate or lower Court. C.K.Takwani a prominent author in this book CIVIL PROCEDURE with Limitation Act,1963 8th Edition has laid down the three basic elements should present: 1) A decision (Usually a judgment of a Court or the ruling of an administrative authority),2) A person aggrieved (who is often, though not necessarily, a party to the original proceedings) and 3) A reviewing body ready and willing to entertain an appeal and also laid down the conditions to satisfy to file an appeal as follows: 1) the subject matter of the appeal must be decree, it should have been determined conclusive rights of the parties concerning all or any of the matters in controversy in the suit,2) the party appealing must have been adversely affected by such determination and also held[13]. Appeal is a statutory right unless and until the statue mentions in the particular Act that, the decision of the lower Court will be an appeal to the Higher Court. Thus, the party can exercise the right. For instance, If a Junior Civil Judge has decided the case, either party aggrieved by the said decision or judgment they can approach the Senior Civil Judge Court which is said to be the appellate Court. Thus, the suit which lies in the appellate Court is referred to as Appeal Suit. The appeal cannot lie if both the parties consent to the decision of the lower Court as stated in Section 96 of the CPC which deals with Appeal from the Original decree. In A.Ambikamba vs B.Rangaswamy[14]if the appeal lies to the High Court, then the High Court should deal with both question of fact and law, an appeal is said to be a continuation of a suit as stated in Triloki Nath Singh vs Anirudh Singh[15].


2. Civil Miscellaneous Appeal(C.M.A):


This appeal will lie when the I.A. which has mentioned supra is allowed or dismissed by the Court. The aggrieved can go to the appellate Court. The said appeal will be referred to as Civil Miscellaneous Appeal.


3. Second Appeal:


The second appeal will lie before the respective state High Court under Section 100 of CPC. This right is also a statutory right. To file an appeal before the High Court there should involve the question of law, the said question of law substantive in nature. In the case of Annaporani Ammal vs G. Thangapolam[16] and Mahindra & Mahindra Ltd vs Union of India[17], held that there should involve a substantial question of law to entertain the appeal by the High Court.


4. Civil Miscellaneous Second Appeal(C.M.S.A):


If any I.A. is allowed or dismissed in the first appeal, then the Second appeal will be filed. Thus, it said that Civil Miscellaneous Second Appeal.


References:

[1]https://www.lawgicstratum.com/post/a-trek-to-the-stages-of-civil-suit [2]Sunita Kachwaha vs Anil Kachwaha (2014) 16 SCC 715 [3] Badshah vs Urmila Badshah Godse (2014) 1 SCC 188 [4] Manoj Kumar vs Champa Devi,(2018) 12 SCC 748 [5] Vijay Manohar Arbat vs Kashirao Rajaram Sawai (1987) 2 SCC 278 [6] Indra Sarma vs V.K.V. Sarma(2013) 15 SCC 755 [7] Hiralal P. Horsora vs Kusum Narottamdas (2016) 10 SCC 165 [8]D. Velusamy vs D. Patchaiammal (2010) 10 SCC 469 [9]https://www.merriam-webster.com/dictionary/execution [10]Nirmal Chand vs Girindra Narayan, AIR 1978 Cal 492 [11]https://www.merriamwebster.com/dictionary/appeal#:~:text=English%20Language%20Learners%20Definition%20of%20appeal&text=%3A%20an%20attempt%20to%20make%20someone,person's%20feelings%2C%20attitudes%2C%20etc [12]Nagendra Nath Dey vs Suresh Chandra Dey(AIR 1932 PC 165) [13] C.K.Takwani, Civil Procedure with Limitation Act,1963 and Chapter on Commercial Courts, 8th edition. [14]A.Ambikamba vs B.Rangaswamy ( 2005) 9 SCC 374 [15] Triloki Nath Singh vs Anirudh Singh (2020) 6 SCC 629 [16] Annaporani Ammal vs G. Thangapolam(1989) SCC(3) 287 [17] Mahindra & Mahindra Ltd vs Union of India 1979 SCR(2) 1038

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