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Object and importances of pleadings

criminal , evidence

INTRODUCTION: MEANING AND DEFINITION OF PLEADINGS

Pleadings are the backbone of legal profession. It is the foundation stone on which case of a party stands. The case of a party must be set out in the pleadings. Moreover, the relief cannot be claimed on the grounds which are not contained in the pleadings. The immaterial or vague or ambiguous matter should be avoided and pleadings should be properly framed. In Devki Nandan v. Murlidhar,[1]it was held that a finding cannot be sustained which is based on no pleading and no evidence.
Pleadings are those materials or essential facts which are necessary to be averred in order to put forward a cause or to establish a defence in a judicial proceeding. It is the backbone of the suit upon which the entire edifice of the suit rests. It includes allegations and counter allegations made by one party and denied by the other. Etymologically, it means a formal statement to propound the cause of action or set up a defence against the case of the plaintiff.[2]According to Mogha, “Pleadings are statements in writing drawn up and filed by each party to a case, stating what his contentions will be at the trial and giving all such details as his opponent needs to know in order to prepare his case in answer.”[3]
Order VI of the Code of Civil Procedure, 1908 deals with pleadings in general. Rule 1 defines pleading, while Rule 2 lays down the fundamental principles of pleadings. Rules 3 to 13 require the parties to supply necessary particulars. Rules 14 and 15 provide for signing and verification of pleadings. Rule 16 empowers a Court to strike out unnecessary pleadings. Rules 17 and 18 contain provisions relating to amendment of pleadings.
As per Rule 1 of Order VI of the Code of Civil Procedure, 1908, pleading is defined as plaint or written statement. It is important to know here the meaning of plaint and written statement. Plaint is the statement of the plaintiff containing grievances in order to initiate an action in a court of law. It helps the court to determine the real nature of the suit.[4]Written statement is the statement or defence of the defendant by which he either admits the claim of the plaintiff or denies the allegations or averments made by the plaintiff in his plaint.[5]

OBJECT AND IMPORTANCE OF PLEADINGS

In the leading case of Throp v. Holdsworth,[6]Jessel, M. R. stated:- “The whole object of pleadings is to bring parties to an issue, and the meaning of the rules (relating to pleadings) was to prevent the issue being enlarged, which would prevent either party from knowing when the cause came on for trial, what the real point to be discussed and decided was. In fact, the whole meaning of the system is to narrow the parties to definite issues, and thereby to diminish expense and delay, especially as regards the amount of testimony required on either side at the hearing.”

The object of pleadings are 
(i) to bring the parties to definite issues;
 (ii) to prevent surprise and miscarriage of justice;
 (iii) to avoid unnecessary expense and trouble; 
(iv) to save public time; 
(v) to eradicate irrelevancy; and
 (vi) to assist the Court.

Importance of pleading cannot be underestimated. Jacob states, “Pleadings do not only define the issues between the parties for the final decision of the court at the trial, they manifest and exert their importance throughout the whole process of the litigation.” Pleadings provide a guide for the proper mode of trial. They demonstrate upon which party the burden of proof lies, and who has the right to open the case. They also determine the range of admissible evidence which the parties should adduce at the trial. They also lay down limit on the relief that can be granted by the Court.[7]

RULES OF PLEADINGS
For the proper understanding of rules of pleadings its may be divided into two heads:-
(A) Fundamental or Basic Rules; and (B) Particular or Other Rules

(A) Fundamental or Basic Rules of Pleadings:- Sub-rule (1) of Rule 2 of Order VI of the Code of Civil Procedure, 1908, lays down the fundamental principles of pleadings. It reads as under:-
 “Every pleading shall contain, and contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved.”

From the above provision it can be said that following are the fundamental or basic rules of pleadings:-
(1) Pleadings should state facts and not law; (2) The facts stated in pleadings should be material facts; (3) Pleadings should not state the evidence; and (4) The facts should be stated in a concise form.
Now these rules are discussed in details one by one:-

    1.   Pleadings should state facts and not law:-It is the first fundamental rule of pleadings. It says that pleadings should state only facts and not law.In the case of Kedar Lal v. Hari Lal,[8]it was held that it is the duty of the parties to state only the facts on which they rely upon their claims. It is for the Court to apply the law to the facts pleaded. In the case of Gouri Dutt Ganesh Lall Firm v. Madho Prasad,[9] it was held that the law of pleading may be tersely summarized in four words; “Plead facts not law.”

In Ram Prasad v. State of M.P.,[10]A mixed question of law and fact, however, should be specifically pleaded. Again in Union of India v. Sita Ram Jaiswal,[11] the Court held that a point of law which is required to be substantiated by facts should be pleaded with necessary facts.
    2.   The facts stated in pleadings should be material facts:-It is the second fundamental rule of pleadings. It says that pleadings should contain a statement of material facts and material facts only. Here one most important question is arose i.e. what is the meaning of the term “material facts”. This term has not been defined in the Code of Civil Procedure, 1908. But the Court defined this term in many judicial pronouncements. Like in the case of Union of India v. Sita Ram[12], the court said that “material facts” means all facts upon which the plaintiff’s cause of action or the defendant’s defence depends, or in other words, all those facts which must be proved in order to establish the plaintiff’s right to relief claimed in the plaint or the defendant’s defence in the written statement. Again in the case of Udhav Singh v. Madhav Rao Scindia,[13]the Supreme Court said that the term material fact means “All the primary facts which must be proved at the trial by a party to establish the existence of a cause of action or his defence are material facts.”

Again in Virender Nath v. Satpal Singh,[14]the Supreme Court held that:- “The phrase ‘material facts’ may be said to be those facts upon which a party relies for his claim or defence. In other words, ‘material facts’ are facts upon which the plaintiff’s cause of action or the defendant’s defence depends. What particulars could be said to be ‘material facts’ would depend upon the fats of each case and no rule of universal application can be laid down. It is, however, absolutely essential that all basic and primary facts which must be proved at the trial by the party to establish the existence of a cause of action or defence are material facts and must be stated in the pleading by asthe party.” In the same case the Supreme Court also said:- “A distinction between ‘material facts’ and ‘particulars’, however, must not be overlooked. ‘Material facts’ are primary or basic facts which must be pleaded by the plaintiff or by the defendant in support of the case set up by him either to prove his cause of action or defence. ‘Particulars’, on the other hand, are details in support of material facts pleaded by the party. They amplify, refine and embellish material facts by giving distinctive touch to the basic contours of a picture already drawn so as to make it full, more clear and more informative. ‘Particulars’ thus ensure conduct of fair trial and would not take the opposite party by surprise.” The Supreme Court further said that whether a particular fact is or is not a material fact which is required to pleaded by a party depends on the facts and circumstances of each case.

3. Pleadings should not state the evidence:- It is third fundamental rule of pleadings. It says that pleadings should contain a statement of material facts on which the party relies but not the evidence by which those facts are to be proved. 

The facts are of two types:-
(a) Facta probanda- the facts required to be proved (material facts); and
(b) Facta probantia- the facts by means of which they are to be proved (particulars or evidence).
The pleadings should contain only facta probanda and not facta probantia.The material facts on which the plaintiff relies for his claim or the defendant relies for his defence are called facta probanda, and they must be stated in the plaint or in the written statement, as the case may be. But the facts or evidence by means of which the material facts are to be proved are called facta probantia and need not be stated in the pleadings.

4.  The facts in pleadings should be stated in a concise form:- It is the fourth and last fundamental rule of pleadings. It says that the statements in pleadings should be stated in a concise and in brief form.  In Virendra Kashinath v. Vinayak N. Joshi,[15]The words “in a concise form” are definitely suggestive of the fact that brevity should be adhered to while drafting pleadings. Of course, brevity should not be at the cost of excluding necessary facts, but it does not mean niggling in the pleadings. If care is taken in syntactic process, pleadings can be saved from tautology.

 (B) Particular or Other Rules of Pleadings:- Besides the fundamental or basic rules of pleadings, there are other or particular rules of pleadings which are as follows:-
(1) Wherever misrepresentation, fraud, breach of trust, willful default or undue influence are pleaded in the pleadings, particulars with dates and items should be stated.[16]
(2) The performance of a condition precedent need not be pleaded since it is implied in the pleadings. Non-performance of a condition precedent, however, must be specifically and expressly pleaded.[17]
(3) Generally departure from pleading is not permissible, and except by way of amendment, no party can raise any ground of claim or contain any allegation of fact inconsistent with his previous pleadings.[18]
(4) A bare denial of a contract by the opposite party will be construed only as a denial of factum of a contract and not the legality, validity or enforceability of such contract.[19]
(5) Documents need not be set out at length in the pleadings unless the words therein are material.[20]
(6) Wherever malice, fraudulent intention, knowledge or other condition of the mind of a person is material, it may be alleged in the pleading only as a fact without setting out the circumstances from which it is to be inferred.[21] Such circumstances really constitute evidence in proof of material facts.
(7) Whenever giving of notice to any person is necessary or a condition precedent, pleadings should only state regarding giving of such notice, without setting out the form or precise term of such notice or the circumstances from which it is to be inferred, unless they are material.[22]
(8) Implied contracts or relations between persons may be alleged as a fact, and the series of letters, conversations and the circumstances from which they are to be inferred should be pleaded generally.[23]
(9) Facts which the law presumes in favour of a party or as to which the burden of proof lies upon the other side need not be pleaded.[24]
(10) Every pleading should be signed by the party or one of the parties or by his pleader.[25]
(11) A party to the suit should supply his address. He should also supply address of the opposite party.[26]
(12) Every pleading should be verified on affidavit by the party or by one of the parties or by a person acquainted with the facts of the case.[27]
(13) A Court may order striking out a pleading if it is unnecessary, scandalous, frivolous, vexatious or tends to prejudice, embarrass or delay fair trial of the suit.[28]
(14) A Court may allow amendment of pleadings.[29]
(15) Forms in Appendix A of the Code should be used wherever they are applicable. Where they are not applicable, forms of like nature should be used.[30]
(16) Every pleading should be divided into paragraphs, numbered consecutively. Each allegation or averment should be stated in a separate paragraph. Dates, totals and numbers should be written in figures as well as in words.[31]

AMENDMENT OF PLEADINGS

Amendment is the formal revision or addition or alteration or modification of the pleadings. Provisions for the amendment of pleadings are intended for promoting the ends of justice and not for defeating them. Rules 17 and 18 of Order VI of Code of Civil Procedure, 1908 deals with provisions regarding amendment of pleadings and failure to amend after order respectively. Rule 17 of the CPC provides that, “The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

Proviso to the Rule 17 of Order VI of CPC, as inserted by the Code of Civil Procedure (Amendment) Act, 2002 restricts and curtails power of the Court to allow amendment in pleadings by enacting that no application for amendment should be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.

Amendment of pleadings when granted:- Amendment of pleadings can be granted by the Court in two situations namely, (i) where the amendment is necessary for the determination of the real question in controversy; and (ii) can the amendment be allowed without injustice to the other side.
Amendment of pleadings when refused:-  Amendment of pleadings can b refused in many circumstances. 

Following are the situations or circumstances when amendment of pleadings can be refused by the Court:-[32]
(1) When the proposed amendment is unnecessary.
(2) When the proposed amendment causes an injury to the opposite party which cannot be compensated for by costs.
(3) When the proposed amendment changes the nature of the case.
(4) When the application for amendment is not made in good faith.
(5) When there has been an excessive delay in filing the amendment application.

Failure to amend:- Rule 18 of Order VI of CPC, 1908 deals with this issue. It provides that if a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited then within 14 days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such 14 days, as the case may be, unless the time is extended by the Court

CONCLUSION
Pleadings are the backbone of legal profession. It is the foundation stone on which case of a party stands. The case of a party must be set out in the pleadings. Pleadings do not only define the issues between the parties for the final decision of the court at the trial, they manifest and exert their importance throughout the whole process of the litigation. Pleadings provide a guide for the proper mode of trial. They demonstrate upon which party the burden of proof lies, and who has the right to open the case. They also determine the range of admissible evidence which the parties should adduce at the trial. They also lay down limit on the relief that can be granted by the Court.
Four fundamental rules of pleading are; (1) Pleadings should state facts and not law; (2) The facts stated in pleadings should be material facts; (3) Pleadings should not state the evidence; and (4) The facts in pleadings should be stated in a concise form. The main points to be considered before a party is allowed to amend his pleading are: firstly, whether the amendment is necessary for the determination of the real question in controversy; and secondly, can the amendment be allowed without injustice to the other side.


Citations
[1] AIR 1957 SC 133.
[2]Srivastava K. K. Dr., The Law of Pleadings, Drafting and Conveyancing, 8thEdition, Central  Law Agency, Allahabad, 2014, p. 1.
[3]Mogha’s Law of Pleadings (1983) at p. 1.
[4]Srivastava K. K. Dr., The Law of Pleadings, Drafting and Conveyancing, 8thEdition, Central  Law Agency, Allahabad, 2014, p. 126.
[5] Ibid, p. 141.
[6] (1876) 3 Ch D 637.
[7]Takwani C. K., Civil Procedure with Limitation Act, 1963, 7thEdition, Eastern Book Company, Lucknow, 2013, pp. 194-195.
[8]AIR 1952 SC 47 at p. 51: 1952 SCR 179.
[9]AIR 1943 PC 147: 209 IC 192.
[10](1969) 3 SCC 24: AIR 1970 SC 1818.
[11](1976) 4 SCC 505: AIR 1977 SC 329.
[12]Ibid.
[13] (1977) 1 SCC 511: AIR 1976 SC 744.
[14] (2007) 3 SCC 617: AIR 2007 SC 581.
[15](1999) 1 SCC 47 at p.52: AIR 1999 SC 162 at p. 165.
[16] Rule 4 of Order VI of the Code of Civil Procedure, 1908.
[17] Rule 6 of Order VI of the Code of Civil Procedure, 1908.
[18] Rule 7 of Order VI of the Code of Civil Procedure, 1908.
[19] Rule 8 of Order VI of the Code of Civil Procedure, 1908.
[20] Rule 9 of Order VI of the Code of Civil Procedure, 1908.
[21] Rule 10 of Order VI of the Code of Civil Procedure, 1908.
[22] Rule 11 of Order VI of the Code of Civil Procedure, 1908.
[23] Rule 12 of Order VI of the Code of Civil Procedure, 1908.
[24] Rule 13 of Order VI of the Code of Civil Procedure, 1908.
[25] Rule 14 of Order VI of the Code of Civil Procedure, 1908.
[26] Rule 14-A of Order VI of the Code of Civil Procedure, 1908.
[27] Rule 15 of Order VI of the Code of Civil Procedure, 1908.
[28] Rule 16 of Order VI of the Code of Civil Procedure, 1908.
[29] Rule 17 of Order VI of the Code of Civil Procedure, 1908.
[30] Rule 3 of Order VI of the Code of Civil Procedure, 1908.
[31] Rule 2(2) and 2(3) of Order VI of the Code of Civil Procedure, 1908.
[32] Srivastava K. K. Dr., The Law of Pleadings, Drafting and Conveyancing,8thEdition, Central Law Agency, Allahabad, 2014, p. 80

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The concept of conversion

criminal , law
Do you need an answer for your class question? Well, download our mobile pp now to join our student’s forum where you can get an assistance from our experts and other contributors.

Qn: It is good luck and quite legal to convert the ones personal use and property that fall into one’s hands as long as the parties purporting to be the true owners of the property are quarrelling over the ownership of the said property. The best one can tell the two quarrelling parties is that all liars and the law has no remedy for them.

Do you agree with the above statement as the true exposition of the law?


OUTLINE

  1. INTRODUCTION
1.1 Statement in respect of the question
1.2 What is interpleader suit
1.3 Law governing interpleader suit


2.0 MAIN BODY
2.1 Statement in respect of the quotation from the question.
2.2 Reasons for disagreement with the quotation from the question.
2.3 Who may not institute Interpleader suit
2.4 Conditions to be satisfied before an Interpleader suit can be instituted
      2.5 How Interpleader suit is framed and its proceedings.
      2.6 Who may not institute interpleader suit
      2.7 Rationale for Interpleader suit


3.0 CONCLUSION

REFERENCE

1.0 INTRODUCTION
Where two more people have an adverse claim all to a particular identifiable sum of money, property movable or immovable from another person who claims no interest therein other than charges or costs such person may institute an interpleader suit against the claimants so as to invite the court of law to determine the true owner of the said sum or property and of obtaining indemnity for himself. That being the case the question asked falls under Interpleader suit.

To interplead means to litigate with each other to settle a point concerning a third party.[1] In Halsbury’s Laws of England it has been stated that where a person is under liability in respect of any money, goods or chattels and he is, or expects to be, sued for or in respect of that debt or money, or those goods or chattels, by two or more persons making adverse claims thereto, he may apply to the court for relief by way of interpleader[2].

An interpleader suit is a suit in which the real dispute is not between a plaintiff and a defendant but between the defendants who interplead against each other, unlike in an ordinary suit In an interpleader suit, the plaintiff is not really interested in the subject matter of the suit.[3] Section 63 of the Civil Procedure Code enacts that two or more persons claiming adversely to one another same debt, sum of money or property movable or immovable, from a person who does not claim any interest therein and he is ready to pay or deliver the same to the rightful claimant, may file an interpleader suit.

Thus, for example A is in possession of car but he claims no interest in the car himself, and is willing to hand it over to the rightful owner. The car claimed by X and Y.A may file an interpleader suit against X and Y and the court will decide as to who is the rightful owner of the car as between X and Y.

The law governing interpleader suit is the law governing procedure in civil litigation i.e Civil Procedure Code, in our jurisdiction is Section 63 read together with Order XXXIII of the Civil Procedure Code.[4]

2.0 MAIN BODY
2.1 Statement in respect of the quotation from the question.

With the true exposition of law, we do not agree with the statement that it is good luck and quite legal to convert to one’s personal use any property that falls into ones hands as long as the parties purporting to be the true owners of the property are quarrelling over the ownership of the said property. The best one can tell the two quarrelling parties is that all liars and the law have no remedy for them.


2.2   Reasons for disagreement with the quotation from the question.

We do not agree with this statement on the sense that where individuals’ legal rights are in dispute such as right to property always court is invited to determine such rights and as long as they are legal rights law must have remedy toward such individuals. Also, the law governing civil litigation in Tanzania provides for the institution of a suit to deal such cases whenever arose.
S.63 of Civil Procedure Code provides
’’Where two or more persons claim adversely to one or another the same debt, sum of money or other property, movable or immovable, from another person who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant, such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself:
Provided that where any suit is pending in which the rights of the parties can properly be decided, no such suit of interpleader shall be instituted’’ 


2.3   Who may institute Interpleader suit
He who institutes interpleader suit is the one in possession of the property. Interpleader suit is not suit of ordinary nature because a person who institutes it has no cause of action, that no legal right violated against him, he has not claimed a remedy against anybody. He claims no interest in the property he posses, except charges and interest of handling such property which does not belong to him. He therefore wants the court to determine who is rightful owner of such property. No question can arise between him and the claimants over the ownership. Actually, he is ready to deliver such property to the rightful owner.

2.4 Conditions to be satisfied before an Interpleader suit can be instituted
There are conditions, which must be satisfied before an interpleader suit can be instituted.
1.There must be some debt, sum of money or other property movable or immovable in       dispute;
2.Two or more persons must be claiming it adversely to one another;
3.The person from whom the debt, money or property is claimed must not be claiming interest therein other than the charges and costs and he must be ready and willing to pay or deliver it to the rightful claimant; and
4.There must be no suit pending wherein the rights of rival claimants can properly adjudicated.[5]
5.There must be no collusion between the plaintiff and any of the defendants.

When it is said that there must be no collusion between the plaintiff and any of the defendants it means in such suit the plaintiff must be in an impartial position. If he has in some way, identified himself with one of the parties in the sense that it will make a difference to him one of them succeds, an interpleader suit will not lie. This is the provision of Order XXXIII,Rule 1 (c).  
 As such party who has taken an indemnity from one of the claimants is not entitled to file an interpleader suit as held in the case of Jugnath vTulka.[6]
In this case, A had a sum of Rs.10, 000 which sum was claimed from him both by X and Y, advesly to each other. A thus instituted an interpleader suit against X and .It was found at the hearing that A had entered into an agreement with X before the suit was instituted, that if X succeeded in the suit, he would accept from A, R.s 75,00 only in full of satisfaction of his claim. Here A had an interest in the subject matter of the suit by virtue of his agreement with X.He was therefore not entitled to institute an interpleader suit and accordingly his suit was dismissed.

These conditions are also reiterated in the case of Sargent vGuatama[7] while a(Revised) Rules of Kenya, which is parimateria to our s.63, and O.XXXIII of our Civil Procedure Code. In this case it was held that in an intrpleader suit there are essentials as set out under s.58 of theCivil Procedure Act are that where there are two or more persons claiming the same debt or sum of money from another person who claims no interest therein save for any charges or costs. The proceedings may be instituted and the only limitation to the court’s power to grant the application are those set out in r.2 of O.33 of the Civil Procedure (Revised) Rules 1948 of Kenya to the effect that the applicant must satisfy the court by affidavit or otherwise that
  1. the applicant claims no interest in the subject matter in dispute other than charges or costs
  2. there is no collusion between the plaintiff and any of the claimants
  3. the applicant is willing to do or transfer the subject matter into court or dispose of it as the court may direct

2.5 How Interpleader suit is framed and its proceedings

O.XXXIII of our Civil Procedure Code lays down the procedure for interpleader suits. Under r. 1 of this Order it provides among other things plaint shall contain the following;  
In every suit the plaint shall in addition to other statements necessary for plaints state
  1. that the plaintiff claims no interest in the subject matter in dispute other than for charges or costs;
  2. the claims made by the defendants severally; and
  3. that there is no collusion between the plaintiff and any of the defendants.


After institution of the suit the court may order the plaintiff to deposit the amount or place of property in the custody of the court before he can be entitled to any order in the suit, as provided under r 2 of O.XXXIII.
At the first hearing court declare that the plaintiff is discharged from all liability, award him costs and dismiss him from the suit, but if court thinks that justice so require it will retain all the parties until the final disposal of the suit; r 4 (1) (a),(b) of the same Order.
On the basis of the evidence available the court may adjudicate the title of thing claimed. Where it is not possible, the court may direct that an issue or issues between the parties be framed and tried, one of the claimants be made a plaintiff and the suit shall proceed in an ordinary manner; r 4(2), (3) (a) (b).


2.6 Who may not institute an interpleader suit.
There is certain category of persons who may not institute interpleader suit. Normally, agents or tenants shall not be permitted to file an interpleader suit against their principles and landlords except in circumstances where the disputes among the principles and the landlords are such which the agent or tenant cannot solve. If there be any honest doubt to which of the persons claiming to be landlords in cases of succession on the death of the original landlord, the tenant can file an interpleader suit. Simirlarly, where the agents entertains a genuine doubt as to which of the successors of the deceased principal is entitled to receive the amounts, the agent can file an interpleader suit as provided under O.XXXIII, r 5 of CPC.[8]

2.7 Rationale for Interpleader suit.

The rationale behind filing an interpleader suit is to get claims of the rival defendants adjudicated. It is the process wherein the plaintiff calls upon the rival claimants to appear before the court and get their claims decided. The decision of the court in an interpleader suit affords an indemnity to the plaintiff on the payment of money or delivery of property to the person whose claim has been upheld by the court.[9]


3.0 CONCLUSION
With the true exposition of law, we disagree with the statement that it is good luck and quite legal to convert to one’s personal use any property that falls into one’s hands as long as the parties purporting to be the true owners of the property are quarrelling over the ownership of the said property. The best one can tell the two quarrelling parties is that al liars and the law have no remedy for the them.  We do not agree with this statement on the sense that where individuals’ legal rights are in dispute such as right to property movable or immovable always court is invited to determine such rights and as long as they are legal rights law must have remedy toward such individuals. That being the case the law governing civil litigation in Tanzania; The Civil Procedure Code under s.63 read together with O.XXIII of the same Code provides for the institution of an interpleader suit to deal such cases whenever arose.



REFERENCES
1.  Groundnuts Extractions Export Development Assn.v State Bank of India (1977) 79 Bom LR 184 as cited in Takwani C.K op.cit
2. Civil procedure Act Cap 33 R.E 2002

Websites
1. Wikipedia.com


[1] Concise Oxford Dictionary, 1995,p.712
[2] Halsbury’s Laws of England,(4th Edn), Vol.37 p.200,para264
[3] Mulla;Code of Civil Procedure,(2005) p.417
[4] Cap 33R.E2002
[5] Takwani C.K., Civil Procedure p.299
[6] (1908) 32 Bom.592 as cited in Jain P.M.,The Code of Civil Procedure p.250
[7] (1968) E.A338
[8] Also see Acharya N.K., Guide to CPC p.234
[9] Groundnuts Extractions Export Development Assn.v State Bank of India (1977) 79 Bom LR 184 as cited in Takwani C.K op.cit
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