Civil Procedure code:

commission - Legal Definition. n. A formal written document from a government or court

empowering the individual named therein to hold an appointive office or to perform
official duties.

An 'Ex parte decree' is a decree passed against a defendant in absentia. Despite service of
summons, where on the date of hearing only plaintiff does and a defendant does not
appear the Court may hear the suit ex parte and pass a decreeagainst the defendant.

REMEDIES
The defendant, against whom an ex parte decree has been passed, has the following
remedies available to him:
(1) Apply to the court by which such decree is passed to set it aside: Order 9 Rule 13; or
(2) Prefer an appeal against such decree: Section 96(2) (or to file a revision under Section
115 where no appeal lies);
(3) Apply for review: Order 47 Rule 1; or
(4) File a suit on the ground of fraud.

APPEAL
REVISION
REVIEW
SUIT
MISCELLANEOUS
CONCLUSION

Res Judicata in Latin means a matter (already) judged. It is also called as Claim
Preclusion. It is a common law practice meant to bar re-litigation of cases between the
same parties in the court.
A case in which there has been a final judgement and is no longer subject to appeal,
the doctrine of Res Judicata bars (precludes) continued litigation of such matter between
the same parties. Thus in case of Res Judicata, the matter cannot be raised again, either in
the same court or in a different court.
Res Judicata aims to prevent
Injustice to the parties of a case that has been supposedly concluded.
Unnecessary waste of Court resources.
Prevent Multiplying of judgements.
Recovery of damages from the defendant twice for the same injury.
Res Judicata can also be related to
Claim Preclusion
 Issue Preclusion
Claim Preclusion: It focuses on barring a suit from being brought again on a legal cause of
action, that has already been, finally decided between the parties.
Issue Preclusion: Bars the re-litigation of factual issues that have already been necessarily
determined by a judge as part of earlier claim.
NB: This doesnt include the process of Appeal , as it is considered to the appropriate way
to challenge a judgement. Once the appeal process is exhausted or barred by limitation, the
Res Judicata will apply to the decision.
The Three Maxims

Doctrine of Res Judicata or Rule of Conclusive Judgement is based on the following

three maxims:

1) NEMO DEBET LIS VEXARI PRO EADEM CAUSA- No Man to Be Vexed Twice For
The Same Cause.
2) INTEREST REPUBLICAE UT SIT FINIS LITIUM- It is in the Interest of the State That
There Should Be End To Litigation.
3) RE JUDICATA PRO VERITATE OCCIPITUR- A Judicial Decision Should Be Accepted
As Correct

Who is an Indigent Person and how is it different from a Suit?

Article shared by Bismark Nana
The object and scope of Order 33 (Indigent person):
The object of Order 33 (suits by indigent persons) is to enable poor litigants to file a plaint
without payment of Court fee. The Court granting permission to sue as indigent person
does not mean that the person is exempted from the payment of the requisite Court fees.
The payment of Court fee is merely postponed.
If the indigent person succeeds in the suit, the amount of Court fee shall be recoverable by
the Government and shall be the first charge on the subject matter of suit.

If the indigent person fails in suit, the Court fee shall be paid by him. The Collector is
empowered by law to recover the Court fee as arrears of land Revenue.
Who is an indigent person:
Order 33 of C.P.C. deals with the indigent person.
Definition of indigent person:
A person is an Indigent person if-

i) He is not possessed of sufficient means to enable him to pay the fee prescribed by law for
filing the plaint in a suit, or
(ii) Where no such fee is prescribed, when he is not entitled to property worth one
thousand rupees.
Procedure to file a suit as indigent person:
(a) Every application for permission to sue as an indigent person should contain the
following particulars-
(i) The particulars required in regard to plaint in suits;
(ii) A schedule of any movable or immovable property belonging to the applicant with the
estimated value thereof; and
(iii) Signature and verification ;
(iv) The application to be presented by the applicant to the Court in person.
Inquiring of the application:
Upon inquiring of the application if and after examination of the applicants and the
witnesses, the Court may either grant the application to sue in forma pauperis (indigent
person), or reject the application.
Dispaupering:
An order granting leave to sue as an indigent person does not operate as res judicata on
the following grounds the Court can dispauper the applicant.
1. If he is guilty of vexations or improper conduct in the cause of the suit;
or
2. If it appears that his means are such that he ought not to continue to sue as an indigent
person; or
3. If he has entered into an agreement under which another person has obtained an
interest in the subject matter of the suit.
Difference between suit by plaintiff and a suit by an indigent person:
A plaintiff who files the suit by presentation of plaint pays the required Court fee along
with plaint. Whereas, the person filing a suit as indigent person as to obtain the
permission of the competent Court to file a suit as forma pauperis (indigent person). If the
indigent person succeeds the Court.
Government shall have the first charge over the fruits of the suit to recover Court fee from
the indigent person.

1. Mode of execution ReceiversThe various modes in which execution of a decree may be

ordered are given in Section 51 of the Code as follows: (a) By delivery of any property
specifically decreed; (b) By attachment and sale, or by sale, without attachment of any
property; (c) By arrest and detention of the judgment-debtor; (d) By appointment of a
Receiver; or (e) In such other manner as the nature of the relief may require. In most cases,
the methods specified in (a), (b) and (c) alone are resorted to and are found adequate. The
appointment of a Receiver may be tried where the value of the property is sufficient to
bear the cost and where such appointment is expected to be conducive to harmonious
relations between the judgment-debtor and the decree-holder and to provide for the
discharge of the decree in a satisfactory manner. 2. Execution of a decree for delivery of
propertyWhen it is sought to enforce a decree in Class (a) by attachment of the
judgment-debtors property, it should be noted that the period of six months prescribed
by Rule 31, sub-rule (2) of Order XXI, Civil Procedure Code, for the sale of the property
has been reduced to three months by the Punjab High Court 1Execution of a decree for
delivery of property. When it is sought to enforce a decree in class (a) by attachment of the
judgment-debtors property and such an attachment has remained in force (for three
months), the property, on application by the decree-holder may be sold, provided the
judgment debtor has not obeyed the decree, otherwise the attachment should be ceased.
The period of six months mentioned in Order XXI, Rule 32(3) Civil Procedure Code, has
also been reduced to three months. 3. Power of executing Court to question the validity of
the decreeAn executing Court cannot go behind the decree or question the jurisdiction
of the Court which passed it (22 P.R. 1919, 1.L.R., 5 Lah. 54). Its function is to execute the
decree as it stands. It may, however, refer to the judgment to ascertain its meaning when
the terms of the decree are ambiguous. Comments The Liquidation Judge, Lahore, made
an order for payment of Rs. 1,165-5-0 against the minor respondent. That order was
enforceable as a decree, but the lower Courts refused execution on the ground that the
minor had not been represented before the Liquidation Court and therefore no decree
existed. Held, that an executing Court has no jurisdiction to criticise or go behind the
decree, all that concerns it is the execution of it. If the decree should be annulled, that is
not the function of the executing Court. The Lahore Bank, Limited, In Liquidation v.
Ghulam Jilani, (1924) I.L.R. V Lah. 54. (Kalipada Sarkar v. Hari Mohan Dalal, (1916) I.L.R.
44, Cal. 627, and Rashid-un-Nissa v. Mohammad Ismail Khan, (1909) I.L.R. 31 All. 572 (P.
C.), followed.) (Jungli Lal v. Laddu Ram, (1919) 50 I. C. 529 (F. B.), dissented from.) 4.
Power of executing Court to decide question arising in executionSection 47 of the Code
of Civil Procedure confer wide powers on the executing Court to decide all question
arising between the parties to the suit in which the decree was passed, or their
representatives, and relating to the execution, discharge or satisfaction of the decree. Such
questions must be decided by the executing Court and no separate suit it maintainable for
the purpose. A purchaser at a sale in execution of the decree would also be a party to the
suit in view of the amendment made in the explanation to this Section by Act No. 66 of
1956. 5. Execution of decree pending appealThe filing of an appeal from a decree is, by
itself, no bar to its execution, and execution may proceed unless it is stayed by an order of
the Appellate Court or the Court which passed the decree (vide Order XLI, Rules 5 and 6).
It should be noted, however, that when an order is made for the sale of immovable
property during the tendency of the appeal, and the judgment-debtor applies for stay of
the sale, the Court ordering the sale is bound to stay it, though it can impose much terms
as to security or otherwise as it thinks fit [Order XLI, Rule 6(2)]. 6. Security when execution
is stayedWhen a stay of execution is granted under Order XXI, Rule 26, Civil Procedure
Code, the rules, as amended by the Punjab High Court, makes it compulsory for the Court
to require security or impose such conditions as it thinks fit unless sufficient cause is
shown to the contrary. 17. Decree against GovernmentWhere the decree is against the
Union of India, or the State of public officer in his official capacity, execution shall not be
issued on such decree for a period of three months and limitation for execution of such
decree commences only after the expiry of three months from the date of decree. Part D]
Part

(i) Plaint should contain name of that court in which suit is brought.

(ii) Plaint should contain name, description and residence of plaintiff.

(iii) Plaint should contain name, description and residence of defendant.

(iv) When plaintiff or defendant is minor or person of unsound mind, plaint should
contain a statement to that effect.

(v) Plaint should contain those facts, which have constituted cause of action. In addition to
this, it should also be described in plaint when cause of action has arisen.

(vi) Plaint should contain those facts, which show the court has jurisdiction.

(vii) Plaint should contain that relief, which plaintiff claims.

(viii) When plaintiff has allowed set off or has relinquished a portion of his claim, plaint
should contain that amount, which has been so allowed or so relinquished.

(ix) Plaint should contain statement of value of subject-matter of suit not only for purpose
of jurisdiction, but also for purpose of court-fees.

(x) Plaint should contain plaintiffs verification on oath.

Conclusion

To conclude, it can be stated that plaint plays important role throughout whole trial of any
civil suit. It is admitted principle that no plaintiff can go beyond his plaint. Therefore, no
plaintiff can demand what is not claimed in his plaint. Similarly no plaintiff can produce
any evidence, which is beyond his plaint.