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Civil Suits

(Querist) 12 October 2009 This query is : Resolved 
I want to know what are the different kinds of civils suits which can be filed in a civil court under different orders of CPC, 1908.

What is order 38 of Civil Procedure code. Does it cover civil suit filed for recovery of receivables not paid by a
customer.

Regards

P.c. Joshi

joyce (Expert) 12 October 2009
Civil procedure code is vast and it cover many inherent power of court.offen amendments will be going on so any civil matter which need legal soution do contact an Advocate. Order 38 of C.P.C Covers arrest and attachment before judgment.
Sachin Bhatia (Expert) 12 October 2009
Mr. P.C. Joshi it is very difficult to mention all the civil suits here, better for you to read CPC.

The established methods and practices used to resolve controversies are embodied in sets of rules referred to as "civil procedure code." The rules of civil procedure are designed to promote fairness in legal proceedings.

ORDER XXXVIII
ARREST AND ATTACHMENT BEFORE JUDGMENT


PJANARDHANA REDDY (Expert) 12 October 2009
SACHINJI/JOYCE ARE SUGGESTED CORRECTLY
Raj Kumar Makkad (Expert) 12 October 2009
Why are you not specific and want to get disclosed the entire book? I suggest you to completely read Civil Procedure Code which contains all such powers and type of cases and if you find any particular difficulty therein, you may raise any particular quarry in this community and we experts on the subject shall try to provide you definite answer.
AEJAZ AHMED (Expert) 12 October 2009
Dear Joshi,

What our above learned friends said is true, here we can't mention about " kinds of Civil Suits ".

But in short, we can say about types of suit, the Civil suits are of Three Types:

(i) Suits in respect of Immovable Properties;

(ii) Suits for torts to person or Movable Property;

(iii) Suits for other Kinds;

Suits of category (i) will have to be filed in the court within the Local Limits of whose Jurisdiction the property is situated;

In case of category (ii) the accurate Forum/Court within whose Jurisdiction the property is situated or the defendant resides, works or carries on business

In case of category (iii) suits are to be filed in the court in whose jurisdiction cause of action arises ( wholly or partly ) or where the defenant work or reside.


In reply to Second Part of your Query:

Order 38 CPC deals with arrest and attachment before judgment.

Rules 1 to 4 of Order 38 CPC deal with arrest before judgment.

Rules 5 to 13 of Order 38 CPC deal with attachment before judgment,

Under Sub-rule (1) of Rule 5 of Order
38 CPC at any stage of the suit if the Court is satisfied by the affidavit or
otherwise that the defendant with intent to obstruct or delay the execution of
any decree that may be passed against him, is about to dispose of whole or any
part of the property or is about to remove the whole or part of his property
from the local limits of the jurisdiction of the Court, the Court may direct the
Defendant within a time to be fixed by it either to furnish security in such sum
as may be specified in the order to produce and place at the disposal of the
Court, when required, the said property or the value of the same, or such
portion thereof as may be sufficient to satisfy the decree, or to appear and
show-cause why he should not furnish security.

Under Sub-rule (2) of Rule 5 of
Order 38 the Plaintiff shall specify the property required to be attached and
the estimated value thereof.

Under Sub-rule (3) of Rule 5 of Order 38 CPC, the Court may in the order direct the conditional attachment of the whole or any
portion of the property so specified.

Under Sub-rule (4) of Rule 5 of Order 38
CPC if an order of attachment is made without complying with the provisions of
Sub-rule (1) of Rule 5 of Order 38 CPC, such attachment shall be void.

Under Rule 6 of Order 38 CPC, if the defendant fails to show-cause why he should not furnish security, or fails to furnish the security required, within the time fixed by the Court, the Court may order that the property specified or such
portion thereof as appears sufficient to satisfy any decree which may be passed
in the suit, be attached. If the defendant shows such cause or furnishes the
required security and the property specified or any portion of it has been
attached, the Court shall order the attachment to be withdrawn or make such
other order as it thinks fit.
Kiran Kumar (Expert) 12 October 2009
As usual Mr. Aejaz comes with a detailed reply :-)
Adinath@Avinash Patil (Expert) 12 October 2009
AEJAZ EXPAINED IN DETAIL HE IS RIGHT.
Raj Kumar Makkad (Expert) 12 October 2009
The opinion of Aejaj is not conclusive.
P.C. Joshi (Querist) 12 October 2009
Dear Mr AEJAZ & other learned friends,

Thanks for sending so detailed relies.Let me explian my queries more specifically.

1. Diff. kinds of suits- I want to know what are the different kinds of suits pertaing to suits for recovery,specefic performance,contracts,torts etc. governed by different statutes. ACtually I have gone thr the CPC but could n't find any specific peovision to my query. In commercial organisations we interface such disputes/situation.

2.Suit for recovery

One of my advocate friend mentioned to me that suit for recovery is maintainable u/o 38 CPC but actually order speaks abt arrest/attachment before judgement. So I raised the issue in this forum.

Now somehow the queries are answered. But more replies are requested.

Regards

P.C. Joshi

Thanks


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