Some important concepts which were not covered on the last day of Prelims Guidance Classes due to paucity of time:

1. If property is under attachment private alienation of property is void ( Sec. 64 CPC) Exception: Transfer of property or delivery of possession of the property in pursuance of agreement entered or registered before the attachment.
2. After sale becomes absolute property can be said to be vested in the purchaser from the date and time when the property was sold and not from the time when it becomes absolute (Sec. 65)
3. Rateable distribution of assets of J.Dr among his creditors(Sec. 73)
4. Resistance or obstruction of execution of a decree for possession of immovable property entails detention of civil prison up to thirty days. ( Sec. 74)
5. Courts shall not grant interim orders against the Government without giving notice ( Sec. 80 (2) CPC )
6. Decree against Government or against any public officer with regard to his officials functions shall not be executed unless three months time is given (Sec. 83)
7. Interpleader Suit Order 35, Sec. 88 CPC: When there are two rival claimants for any sum of money or amount from another person who infact has no interest in the dispute between those two, the said third person can institute a suit making them as defendants.
8. Agents and tenants cannot file Interpleader Suit (Order 35 Rule 5) against their principals or landlord interpleading them with others other than person claiming through their principals or landlords.
9. Civil court under its inherent jurisdiction(power) given under Sec. 94 can a)issue warrant to arrest against the defendant to furnish security,b)Attach property for production of property, c) Grant temporary injunction and commit for civil prison in case of its d) Disobedience e)Appoint receiver f) Pass interlocutory orders as it thinks just and convenient.
10. Appeal is a matter of right where as revision is not of right.
11. Appeal lies to District Court and also to High Court, Where as under Civil law Revision lies only to High Court under Sec. 115. Revision is not maintainable against all interlocutory orders.
12. Revision is also not maintainable where there is a provision for appeal.

13.Revision is on three grounds where the lower court failed to exercise the jurisdiction vested in it, exercised the jurisdiction not vested in it and exercised the jurisdiction with material irregularity or illegally ( Sec. 115)

14. No appeal is provided against a decree passed with the consent of the parties (S.96(3) ) and no appeal where the subject matter is worth Ten Thousands only.
15. Second appeal only when High Court satisfied that it involved substantial questions of law ( Sec. 100 CPC) No Second appeal where the original suit is for recovery of money not exceeding 25,000/- ( Sec. 102)
16. Reference to High Court Sec. 113
17. Review Sec.114 to be filed before the court which passed the decree when no appeal is permitted by CPC or where no appeal is preferred when appeal remedy is there. Grounds: a) discovery of new and important matter or evidence which could not be produced during trial despite of due diligence. b) Mistake or error apparent on the face of the record c) for any other sufficient reason

*If Superior Court (High Court or Supreme Court) gives a judgment on a similar question of law subsequent to the judgment, is not a ground to review.

* Notice to opposite party is a must.

* Strict proof of due diligence is required i.e. party must establish that he had taken all care for finding out the evidence.

18. Under Sec. 135A members of legislative bodies are exempted from arrest under civil process if the house is in session ( MPs, MLA, MLC)
19. Restitution under Sec. 144 before the court which passed the decree. Order amounts to decree and can be executable.   No separate suit is maintainable if the relief could be obtained under Sec. 144.
20. Sec. 151 Inherent powers to Subordinate courts and also to High Court for the ends of justice or to prevent abuse of process of civil court ( 482 CrPC only to High Court)

21.Payment made outside the court, which is not certified by court shall not be recognized by the court executing the decree.

22.Court can refuse execution of decree against the property and person of the judgement debtor at the same time.

23. Execution of decree for specific performance for restitution of conjugal rights, or for an injunction Order XXI, R.32
24. Execution of decree for immovable property Order XXI, R.35
25. Garnishee order Order XXI, R.46A
26. Order XXI, R.55: Removal of attachment a) amount under decree is paid b) Satisfaction of the decree c) decree is setaside. d) when there is no direction even after EP is dismissed (rule 57).

27.Time for payment in full of purchase money by the auction purchaser Order XXI, R.85 within 15 days.

28. Setting aside the orders passed in exparte Order XXI, R.106 CPC
29. If Right to sue survives suit will not abate. Order XXII ( Right to sue survives= right of continuing proceedings)
30. No abatement by reason of death after hearing.Order XXI, R.6 (Abate= stop, put an end)

31.Insolvency will not abate.  If receiver or assignee declines to continue suit will abate.

32.No fresh suit is allowed to be filed if suit is abated.

33.Counsel for a party to inform about the death of the party order XXII, R10A

34.Compromise must be lawful ( not void or voidable agreements)

35.Commissioner can be appointed for examination of witnesses, to make partitions, for local inspection, ascertaining the market value, to ascertain the mesne profits, damages or profits  ( Order 26)

36. Order XXVI, R.18A says Order XXVI also apply to EPs.
37. Suits by minor or unsound persons to be filed by next friend Order XXXII
38. Natural guardian to be the next friend after him any other person in whose care and custody of minor or unsound person to be the next friend.
39. If minor becomes major next friend to be discharged.
40. If suit is filed under Order XXXII, an affidavit of third party under Rule 172 of Civil Rules of Practice to be filed. A statement by the next friend to the effect that he has no adverse interest to the mionor to be mentioned in the plaint.
41. Suit by Indigent Persons Order XXXIII: Permission to file suit without court fee has to be granted by court and solvency has to be established that the party is not in a position to pay the court fee.
42. Court can reject the application to leave sue as indigent person. Even during the pendency if indigent person becomes rich permission earlier granted can be withdrawn and he may be asked to pay court fee.(dispauper)

43.If application is reject no second application is allowed to be filed.

44.Order XXXIV:  Mortgage suits. Plaint proforma seperate,Decree seperate

45. Order 39 R1 grounds for granting injuction. R.2A disobedience.

R.3: Reasons to be recorded for dispensing notice. R3(a) party obtained exparte injunction send all copies of documents and plaint to the other party, failure results in vacation of injunction.

R.3A application has to be disposed off with in thirty days.

1. 4 injunction can be varied or setaside on change of circumstances.
2. Order XL: Appointment of receivers.
3. Order XLI: Appeals from Decrees R.3A: application for condonation of delay

Order XLI R.19 Restoration of appeal which has been dismissed for default.

Order XLI R.23 Appellate court can remand the appeal.

48. Order XLI R. 27 Additional evidence by appeallate court.
49. Order XLIII Appeals from orders ( IA’s)