Doctrine of Res Sub-Judice

Introduction: Section 10 of the Civil Procedure Code, 1908 deals with Stay of Civil Suits. It is also called Res Sub-Judice. “Res” means “matter” and “sub-judice” means “pending” read together it implies “subject matter which is pending in the court of law”. In other words, this rule applies where the matter is already pending before … Read more

Restitution Under Section 144

Meaning  “Restitution means an act of restoring a thing to its proper owner”.  In other words, It means restoring benefits to the party whose benefits by order or decree, other party had received and subsequently such decree has to be found wrong. Restitution is not defined under C.P.C., but its application can be made under … Read more

What is INTERPLEADER SUIT? – Complete Details

For understanding what is Interpleader Suit we need to first understand about Interplead.   Interplead means “two parties litigate with each others”. In other words, where two defendants litigating with each other to find out who is the rightful claimant of the thing for which they are pleaded.  Meaning ‘To Interplead means ” to litigate … Read more

Decree – Complete Details

INTRODUCTION  “A decree is a final adjudication upon substantive legal rights of the parties”. In other words, decree is a last proceeding of any civil case ,thereafter the case comes to an end and nothing remains pending in that case. It will brings to an end to the suit particularly if it is a final … Read more

What is Order? Section 2(14)

 Order    According to clause (14) of  section 2 ” the formal expression of any decision  of   a civil court which is not a decree, is an order”.     ” Thus the adjudication of a court which is not a decree is an order.”  As a general rule, an order of a court of law … Read more