Important Terms Under Civil Law Procedure

terms-under-civil-law-procedure

 

  1. Affidavit:- An affidavit is a declaration of facts, reduced to writing and affirmed or sworn before an officer having authority to administrate oaths. It should be drawn up in the first person and contains statements and not inferences.
  2. Appeal:– The expression Appeal may be defined as “the judicial examination of the decision made by a higher court of the decision of an inferior court”. It is a complaint made to a higher court that the decree passed by a lower court is wrong. It is a remedy provided by law for getting a decree of a lower court set aside. The right of appeal is a creature of the statue and unless it is granted clearly and expressly it cannot be claimed by a person. Again, it is a vested right and can be taken away only by a statuary provision, either expressly or by necessary implication.
  3. Cause of action:Cause of action may be described as “a bundle of essential of facts, which it is necessary for the plaintiff to prove before he can succeed”. A cause of action is the foundation of the suit. It must be antecedent to the institution of a suit on the basis of it the suit must have been filed. If a plant does not disclose a cause of action, a court will reject such plaint.
  4. Caveat:– According to its dictionary meaning, a Caveat is an official request that a court should not take a particular action without issuing notice to the party lodging the caveat and without affording an opportunity of hearing him.
  5. Civil:- The word Civil pertains to right and remedies of a citizen as distinguished from criminal, political, etc. The expression “civil proceedings” covers all proceedings in which a party asserts civil rights offered by civil law.
  6. Court:Court is a place where justice is administered. To be a court, the person constituting it must have been entrusted with judicial functions. The term “Court” in CPC refers to Civil Courts.
  1. Defendant:- Defendants means a person who defends or a person sued in a court of law by a plaintiff. In every suit, there must be 2 parties, namely, the plaintiff and the Defendant. A defendant is a person against whom relief is claimed by a plaintiff.
  2. Execution:- Stated simply, Execution means “the process of enforcing or giving effect to the judgment, decree or order of a court”.
  3. Issue:- According to the Concise Oxford dictionary, issue means “a point in question, an important subject of debate or litigation”. Issues are of three kinds: (1) Issues of fact; and (2) Mixed issues of fact and law. Issues arise when a material proposition of fact or law is affirmed by one party and denied by the other.
  4. Jurisdiction:- Stated simply, “jurisdiction means the authority to Jurisdiction may be defined to be the power or authority of a court to hear and determine a cause, no adjudicate, and exercise any judicial power in relation to it. Jurisdiction means the extent of the authority of a court to administer justice prescribed with reference to subject-matter, pecuniary value and territorial limits. Consent can neither confer nor take away the jurisdiction of a court.
  5. Plaint:- A Plaint is a statement of claim, a document, or a memorial by the presentation of which a suit is instituted. It contains the grounds on which the assistance of a court is sought by a plaintiff. It is a pleading of the Plaintiff.
  6. Suit:- The word suit ordinarily means a civil proceeding instituted by the presentation of a plaint. In its comprehensive sense, the word suit is understood to apply to any proceeding in a court of justice by which an individual pursues that remedy which the law permits.
  7. Plaintiff:- The plaintiff is a person who brings a suit of commences an action against a defendant. It is the plaintiff who approaches a court of law by filling a suit for reliefs claimed in the plaint.
  8. Summons:– A summon is a document issued from an office of a court of justice, calling upon the person whom it is directed to attend before a judge or an officer of a court for a certain purpose. It is a written order that legally obligates someone to attend a court of law at a specified date. When a plaintiff files a suit, the defendant must be informed about it. The intimation which is sent to the defendant by the court is technically known as summons. A summon can also be issued to witness. Service of summons can be effected in any of the modes recognized by the code.
  1. Written statement:- Written statement may be referred as a reply of a defendant to the plaint filed by a plaintiff. Thus, it is a pleading of a defendant dealing with every material fact of a plaint. It may also contains new facts in favor of a defendant or legal objections against the claim of a plaintiff. It is the pleading of a defendant.

Also Read: Legal Maxims

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