civil suit, judgment and decree

1. Welcome

2. explain the civil , suit,
judgment and decree....
Presentation Topic

3. • The Code of Civil Procedure (CPC) is a code that regulates the
procedure to be followed in courts in a civil case.
• It is divided into two parts:
 the first part contains 158 sections and
 the second part is comprised of the First Schedule that contains
51 Orders and Rules.
What is CPC ?

4.  'Suit' is not defined in the Act. A suit is initiated by presenting a 'plaint'
 In a suit there are two parties i.e. plaintiff and defendant.
 Plaintiff institute suit against defendant by presenting a plaint before court of law.
 In suit plaintiff has claimed certain remedies against the defendant.
Stages in a suit.
1. Institution of suit
2. Issue of summons
3. Written Statement
4. Discovery
5. Issues
6. Trial
7. Judgment and Decree (execution proceeding/appeal)
What is Suit?

5. • The term Judgment is defined in Section 2(9) of the Code of Civil Procedure, 1908.
• A judgment contains facts of the case, the issues involved, the evidence brought by the
parties, finding on issues based on evidence and arguments.
• Every judgment shall include:
 a summary of the pleadings,
 issues, finding on each issue, and
 the relief granted by the court.
• The judgment pronounced, always states the reasons for such a decision.
• On a daily basis, numerous judgments are pronounced and various cases are disposed of
Judgments play a very important role in the working of our judicial system because they
act as examples for cases to come in the near future.
Judgment

6. • The term decree is defined is Section 2(2) of the CPC, 1908.
• The decree is a formal expression of adjudication by which the court determines the
rights of parties regarding the matter in dispute.
• A decree always follows judgment and is based upon a judgment
Essential elements of decree
• There must be a formal declaration or adjudication.
• The adjudication should be done in a suit.
• Determines the rights of the parties with regard to the issues in dispute in the suit.
• Right should be of conclusive nature.
• Formal Expression.
Decree