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6106 (Civil Litigation 1) Contents CHAPTER I PRELIMINARY, SUIT IN GENERAL, PLACE OF SUING 1.0 Section (2) Definitions 1.

.1 Preliminary Decree 1.2 Final Decree 1.3 Illustration of a Preliminary and Final Decree 1.4 The effect of not Appealing From a preliminary decree 1.5 Jurisdiction in General 1.6 Classification of Jurisdiction 1.7 Jurisdiction 1.8 Section(10)Stay of Suits 1.9 Section (11) Res Judicata 1.10 Essential Conditions of Res judicata 1.11 Place of Suing Key Terms Assignment questions Short Questions 2 3 3 4 9 11 12 12 15 18 21 25 39 40 41 ) Pages

CHAPTER I )

PRELIMINARY, SUIT IN GENERAL, PLACE OF SUING 1.0 Definitions

Civil Procedure Code, Section (2) (1) () (2) )

Code includes rules; Section 2(1) Decree means the formal expression of an adjudication it , conclusiv ely

which, so far as regards the court expressing

determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 47 or section144,but shall not include(a)any adjudication from which an appeal lies as an appeal from an order, or (b)any order of dismissal for default. Explanation-A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final. ; Section 2(2)

) ) ) -

1.1

Preliminary Decree

A Preliminary Decree - is one in which further proceeding have to be taken before the suit can be completely disposed of..

1.2

Final Decree It is final when such adjudication completely dispose of the

suit.

1.3

Illustration

Of

Preliminary

and

Final

Decree

A suit is brought by one partner against another for dissolution of partnership and for taking partnership accounts. The court may pass a preliminary decree declaring the proportionate shares of the parties and directing accounts to be taken. It may then pass a final decree directing payment of debts due by the partnership and directing payment to if the parties of the amounts due to them on the taking of accounts. A preliminary decree may be passed in suit for: r .12). ) (1) Recovery of possession of immovable property and for rent, (Or. 20

2) Administration of a deceaseds estate , Or . 20 r .13). (3) Pre - emption ( Or . 20 r . 14 ). ) ( )

(4) Dissolution of Partnership ( Or . 20 r . 15 ).

(5) Account between Principal and agent (Or . 20 r . 16 ). (6) Partition (Or . 20 r . 18 ) ) (7) Foreclosure. (Or . 34, r . 2-3 ) (8) Sale . (Or . 34, r . 4-5) and -) -) )

(9) Redemption of immovable property ( Or . 34 , r .2 -8). -)

1.4

The effect of not appealing from a preliminary decree When any party aggrieved by a preliminary decree does not

appeal there from, he shall be precluded form disputing its correctness in any appeal which may be preferred form the final decree.

Decree - Holder means any person in whose favour a decree has been passed or an order capable of execution has been made; Section 2(3)

District m eans the Local Limits of the jurisdiction of a principal civil court of original jurisdiction (hereinafter called a District Court) and includes the Local Limits of the ordinary original civil jurisdiction of the High Court; )Section 2(4)

) Foreign Court means a Court situate beyond the limits of the Union of Myanmar which has no authority in the Union of Myanmar and is not established or continued by the President of the Union;Section 2(5) Foreign judgment means judgment of a foreign Court; Section 2(6). Judge means the presiding officer of a civil Cour t ; Section 2(8). Judgment means the statement given by the judge of the grounds of a decree or order; Section 2(9).

Decree and Judgment distinguished . A decree is to be distinguished from a judgment. A decree is a thing to be executed, a judgment is merely a record of the reasons on which the decree is based "Judgment - Debtor" means any person against whom a decree has been passed or an order capable of execution has been made; Section 2(10). "Legal representative" means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued; Section 2(11).

In its strict sense the term Legal representative would mean executors and administrators and heir. But S .2 ( 11) has extended the term beyond its ordinary Meaning . It now includes any person who in law represents the estate of deceased person. () Even a stranger who intermeddle with, or who is in possession of the estate of the deceased would be his Legal representative . In the case of insolvent judgment -debtor the official assignee is his legal representative. Mesne profits of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession ; Section 2(12).

In order to get mesne profits of property, the plaintiff will have to show

(a) that the defendant was in possession during the whole of the period demanded, and (b) that the possession of the defendant was wrongful and was not under colour of any right . for which the mesne profits are

moveable propertyincludes 2(13).

growing

crops;

Section

Order means the formal expression of any decision of civil Court which is not a decree; Section 2(14).

Decree and Order distinguished Both a decree and an order are adjudications by the Civil Court; and both relate to matter in controversy. But the following are the points of distinction between the two

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(a)A decree is an adjudication which conclusively determines the rights of the parties with regard to any or all matters in controversy; an order on the rights of parties. ) (b) A decree can only originate from a suit, i.e; a proceeding ) )

commenced by a plaint. An order may originate a from a suit as well as from any other proceeding commenced by an application . (c) Except in certain suits where two decrees ( one preliminary

and other final ) are passed , in every suit there is one decree , while many orders may be passed in a suit . (d)

While appealability is a rule and non appealablity is the

exception in the case of a decree, in the case of an order non appeal ability is the rule, and appealability is the exception.

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(e)While in the case of a decree a person aggrieved has the right of second in an appealable order, he has not that right. (f)In actual practice only a decree is drawn up in a formal document separate from the judgment; but not so in the case of an order . 1.5

Jurisdiction In General Jurisdiction in a wide sense means the extent of the power of the

Court to entertain suits, appeals and applications .The jurisdiction of a Court may be original or appellate. In the exercise of its original jurisdiction a Court entertains original suits. In the exercise of its appellate jurisdiction, it hears appeals from decree passed by subordinate Courts. In its technical sense jurisdiction means the extent of the authority of a court to administer justice not only with reference to the subject -matter of the suit but also to the local and pecuniary limits of its jurisdiction .

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1.6

Classification Of Jurisdiction In generally classification, there are (4) kinds of jurisdiction . )

1.7

Jurisdiction

(1)Territorial Jurisdiction The Court shall not try a suit for immovable property situated beyond certain local limits prescribed as the limits of its jurisdiction is an example of territorial jurisdiction. (2)Pecuniary Jurisdiction If the Court has jurisdiction to try suits in which the amount or value of the subject - matter is 50,000 Kyats only. That court has no jurisdiction beyond the amount or value of Ks 50,000.

(3)Personal Jurisdiction

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e.g . - Head of states and Diplomats are not to be sued in Civil Courts . (4)Subject - Matter Jurisdiction This jurisdiction depends on the nature of the suit. e . g . - Dissolution of Christian marriage. Section (6) -

Pecuniary Jurisdiction

Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any court jurisdiction over suits the amount or value of the subject - matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction .

Section (9) Courts to try all civil suits unless barred

The courts shall ( subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred .

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Pecuniary Jurisdiction of Civil Courts at present

The Supreme Court of the Union has vested increased judicial powers to the Courts of the Self-Administered Division, Courts of the Self-Administered Zone, District Courts and Township Courts in disposal of the civil regular cases under section 64 of the Union judiciary Law 2011 regarding the administration of justice .

According to the Notification No 101/2011 of the Supreme Court of the Union, the Township Judges and Additional Township Judges can dispose of cases with suit values not more than Ks 10,000,000. The Deputy Judges can dispose of cases with suit values not more than Ks.3,000,000.

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By the Notification No-100/2011 of the Supreme court of the Union, Self-Administered Division Judges, Self-Administered Zone Judges, District Judges can dispose of cases with suit-value not more than Ks.500,000,000 and Deputy District Judges can dispose of cases not more than Ks, 100,000,000.

1.8 Section (10 ) Stay Of Suits - No court shall proceed with the trial of any suit in w hich the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title , where such suit is pending in the same or any other Court in the Republic of the Union of Myanmar having Jurisdiction to grant the relief claimed or before(the Supreme Court).

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Explanation :-

The pendency of a suit in a foreign Court does

not preclude the Courts in the Republic of the Union of Myanmar from trying suit founded on the same cause of action.

Scope and Object Of The Section It is to prevent courts of concurrent jurisdiction from simultaneously entertaining matter and the same relief . (1) the same. (2) To apply the section, the following conditions must be satisfied The matter in issue in both suits must be substantially and adjudication upon two parallel litigation in respect of the same cause of action, the same subject -

The previously instituted must be pending , The date of presentation of plaint and not the date of its admission is the date of institution .

(3)

Both the suit must be between the same parties or their representative .

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(4)

Such parties must be litigating in both the suits under the same title .

It may be noted that the section only bars the trial and n ot the institution of the suit. When all these conditions are satisfied, the Later suit must be stayed. A Court cannot dismiss a suit under the section, but only postpone its trial . Ruling :

In Daw Khin Ni Vs. Daw Aye Lon Case (1966 B.L.R P 78) Judge decided that the aboved mentioned section 10 of civil procedure code . Held : -

This case is the case from the township court of civil regular suit No. 350 of 1964, where the defendant first filed a suit against the plaintiff seeking a decree for declaration that she is a Legitimate wife of her late husband Man Ba Khine who is a Karen Christi an and claiming to draw a pension and to prohibit the pl aintiffs appli cation . As the issues and the parties in the two cases are the same, both the Yangon City Civil Court and the Procedure Court is allowed. ) present Court have the same jurisdiction to try the suit, the stay of suit under section 10 of Civil

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1.9

Section (11)

Res Judicata

No cou rt shall try any suit or issue in which the matter directly and substantially in issue has been (a) directly and substantially in issue in a former suit (b) between the same parties , or between parties under whom they or any of them claim, (c) litigating under the same title, (d) in a court competent to try such subsequent suit or the suit in which such issue has been subsequent raised, and (e) has been heard and finally decided by such Court .

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Explanation (1) :-

The expression former suit

shall

denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto. )

Explanation (2):- For the purpose of this section , the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court . )

Explanation (3):-The matter above referred to must in the former suit have been alleged by one party and either denied or admitted , expressly or impliedly , by the other. ) Explanation (4):-Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit . )

Explanation (5):- Any relief claimed in the plaint which is not expressly granted by the decree, shall, for the purpose of this section, be deemed to have been refused. )

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Explanation (6):-Where person litigate bona fide in respect of a public right or of a private right claimed in commo n for themselves and others, all person interested in such right shall , for the purposes of this section , be deemed to claim under the persons so litigating . )

Principle and Scope Section ll embodies the doctrine of res-judicata which rests on the principle that one should not be vexed twice for the same cause and that there should be finality to litigation stated in a simple form, where there has been an executable judgment between the parties. The rule of res-judicata will prevent a fresh suit between them for the same relief. The rule is intended not only the prevent a new investigation so that the same person cannot be harassed again and again in various proceedings upon the same question.

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1.10 Essential Conditions Of Resjudicata The following conditions are essential to constitute a bar of res judicata

(1)The matter directly and substantially in issue in the subse quent suit or issue must be the same matter which was directly and substantially in issue either actually and constructively in the former suit. ) )

(2)The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. suit. (4)The court which decided the former suit must have been a court competent to be the subsequent suit or the suit in which such issue is subsequently tried. (5)The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the Court in the first suit. )

(3)The parties must have litigated under the same title in the former

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A case is Mg Ba Thein Vs. Ma Than Myint, (5 Ran 565)in that case the court held thatwhere a previous claim as a Kittima child has been adjudicated upon, a subsequent claim as an apatitha is barred under the provisions of section 11, Explanation VI of the Civil Procedure Code. ) ) ) )

Section (10) and Section (11)

Distinguished

Section 10 relates to matter which is pending judiciary inquiry and section 11 relates to matter already adjudicated upon matter in which judgment is already pronounced. Section 10 bars to trial of a suit, where as section 11 ba rs to the trial of a suit or an issue. )

Section (12)

Bar To Further Suit

Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be

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entitled to institute a suit in respect of such cause of action in any Court to which this Code applies

The following are the provisions precluding institution of a further or fresh suit in respect of the same cause of action: (1)Omission to sue for the entire claim bars a suit for the portion of the claim so omitted; (or . 2 r.2 ) ) (2)Where the defendant appears and the plaintiff does not appear when the suit is called for hearing, and the defendant does not admit the plaintiff's claim, the Court shall dismiss the suit, and, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action;(Or.9 r.8-9 ) - )

(3)Where a suit abates or is dismissed owing to the death or insolvency of the plaintiff or defendant, no fresh shall be brought on the same cause of action ( Or. 22. r 9 ) ) )

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) Section (13)

When foreign judgment not conclusive

A foreign judgment shall be conclusive as to any matter there by directly adjudicated upon between the same parties, or between parties under whom they or any of them claim, litigating under the same title, except

(a) Where it has not been pronounced by a Court of competent jurisdiction; ) (b) Where it has not been given on the merits of the case; )

(c)Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of the Republic of the Union of Myanmar in cases in which such law is applicable; )

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(d)Where the proceedings in which the judgment was obtained are opposed to natural justice; )

(e)Where it has been obtained by fraud, ) (f)Where it sustains a claim founded on a breach of any law in force in the Republic of the Union of Myanmar. )

Section (14)

Presumption as to Foreign Judgments

The Court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.

1.11 Place Of Suing

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Section (15)

Court in which suits to be instituted

Every suit shall be instituted in the Court of the lowest grade competent to try it. Note:- It may be noted that where a suit which ought to have been instituted in a lower Court is instituted in a Court of higher grade, It is case of mere irregularity only not affecting the jurisdiction of the Court. Conversely, where a suit which ought to have been instituted in a Court of higher grade is instituted in a Court of lower grade, such Court shall return the plaint to the plaintiff to be presented to the Court of higher grade ( Or. 7 r. 10 ). Section (16) Suits To Be Instituted Where Subject Matter Situate law, suits

Subject to the pecuniary or other limitations prescribed by any

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(a)for the recovery of immoveable property with or without re nt (or) profit. ) )

(b)for the partition of immoveable property, (c)for foreclosure, sale or redemption in the case of a mortgage of or charge upon immoveable property, ) immoveable property, ) (e)for compensation for wrong to immoveable property, ) (d)for the determination of any other right to or interest in

(f)for the recovery of moveable property actually under distraint or attachment, ) shall be instituted in the Court within the local limits of whose jurisdiction the property is situate: ) )

Provided that a suit to obtain relief respecting, or compensation for wrong to, immoveable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the

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Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides , or carries on business, or personally works for gain. )

Explanation:

In this section property means property

situate in the Republic of the Union of Myanmar.

Example:-(1)

A suit for mense profits is a suit for profit or

benefit arising out of immoveable property and the suit is governed by section 16 of the code of civil procedure. It can, therefore, be instituted in the court within whose jurisdiction the property is situate or in the court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, of carries on business, or personally works for gain. )

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Example(2) A suit for possession of house situated at X, when the defendant resides at Y. At what place can be instituted?

In this suit, the place of suing is under section 16 (a) , subject to the pecuniary or other limitations prescribed by any law suits for recovery of immoveable property with or without rent or profits shall be instituted in the court within the local limits of whose jurisdiction the property is situate .The suit should, therefore, be instituted in the court at X where the house is situate. )

Scope And Object Of The Section This section deals with local territorial jurisdi ction Suits enumerated in clause (a) to (f ) must be instituted in the Court within the local limits of whose jurisdiction the property is situated. As a rule, therefore, Courts have no power to decide on rights and interests in property lying outside their local jurisdiction. ) )

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Section 17. Suit for immoveable property situated within jurisdiction of different Courts

where a suit is to obtain relief respecting, for compensation for wrong to, immoveable property situate within the jurisdiction of different courts, the suit may be instituted in any court within the local limits of whose jurisdiction any portion of the property is situate, provided that, in respect of the value of the subject matter of the suit, the entire claim is cognizable by such court . Example-A suit for sale of mortgaged property where part of it is situated at X, and the rest at Y, when the defendant resides at Z.In this suitwhich place can be situated? X Y

Section 17 lays down that where a suit is to obtain relief respecting, for compensation for wrong to,immoveable property situated within the jurisdiction of different courts, the suit may be

instituted in any court within the local limits of whose jurisdiction any portion of the property is situate, provided that, in respect of the value

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of the subject matter of the suit, the entire claim is cognizable by such court. Accordingly the suit can be instituted either at X or Y subject to the pecuniary limits of the jurisdiction of such court. The entire claim must be cognizable by the court in which the suit is filed. The residence of the defendant for the purposes of the jurisdiction of the court is immaterial.

Section (18)Place of institution of suit where local limits of juri sdiction of Courts are uncertain.

Where it is uncertain as to within whose jurisdiction of two or more courts the immoveable property is situate, any one of those courts may try the suit relating to that property after recording a to uncertainty. statement as

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Section (19)

Suits for Compensation for Wrongs to Person Moveables.

Or

Where a suit is for compensation for wrong done to the person or to moveable property, if the wrong was done within the local limits of the jurisdiction of one Court, and the defendant resides, or carries on business, or personally works for gain within the local limits of the jurisdiction of another Court, the suit may be institu ted at the option of the plaintiff in either of the said Courts.

Illustrations

(a)A, residing in Mandalay, beats B in Yangon, B may sue A either in Yangon or in Mandalay. )

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(b)A,

residing

in

Mandalay,

publishes

in

Yangon

statements

defamatory of B. B may sue A either in Yangon or in Mandalay. )

example business. )

(1) A suit for a tort may be brought either where the

wrong was committed or where the defendant resides or carries on )

example (2) A suit for damages for libel published by the defendant at X when he resides at Y. This suit can be instituted at either X where the libel was published or at Y where the defendant resides, it being governed under S.19 which provides that where a suit is for compensation for wrong done to the person or to moveable property, if the wrong was done within the local limits of the jurisdiction of one court and the defendant resides, carries on business or personally works for gain, within the local limits of the jurisdiction of another court, the suit may be instituted at the option of the plaintiff in either of the said courts.

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Section (20) Other suits to be instituted where defendants reside or cause of action arises. Every subject to the limitation aforesaid, shall be instituted in a Court within the local limits of whose jurisdiction

(a)the defendant, or each of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides or carries on business or personally works for gain; or ) (b)any of the defendants, where there are more than one, at the X

time of the commencement of the suit resides, or carries on business, or personally works for gain as aforesaid, provided that in such case either the leave of the court is given, or the defendants who do not

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reside, or carry on business, or personally work for gain, acquiesce in such institution; or ) (c)the cause of action, wholly or in part, arises )

Explanation:-

(1) Where a person has a permanent dwelling at of any cause of action

one place and also a temporary residence at another place, he shall be deemed to reside at both places in respect arising at the place where he has such temporary residence. ) Explanation:(2) A corporation shall be deemed to carry on

business at its sole or principal office in the Republic of the Union of

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Myanmar or , in respect of any cause of action arising at any place where it has also a subordinate office, at such place. ) Illustrations ( )

(1)A is a tradesman in Yangon. B carries on business in Mandalay . B by his agent in Yangon buys goods of A and requests A to deliver them to the Burma Railways . A delivers the goods accordingly in Yangon . A may sue B for the price of the goods either in Yangon, where the cause of action arisen, or in Mandalay, where B carries on business. )

(2)

A suit for recovery of money on the basis of a promissory This suit is concerned with section 20.under section 20 the

note executed at X, when the defendant resides at Y. suit can be instituted on the basis of a promissory note either at court X or Court Y at the option of the plaintiff-Court X where the note was executed and the cause of action arose or court Y where the defendant resides.

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Section (21)

Objections to Jurisdiction

N o objection as to the place of suing shall be allowed by any appellate or revisional Court unless such objection was taken in the court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of justice.

Section 99. No decree shall be reversed or substantially varied nor shall any case be remanded, in appeal on account of any misjoinder of parties or causes of action or any error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court.

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Section (22) Power to Transfer Suits which may be instituted in more than one Court

Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may ,at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another court, and the Court to which such application is made, after considering the objections of the other parties ( if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed. )

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Chapter I(Civil Procedure Code) Key terms

Stay of Suits Issue Relief claimed Pendency Concurrent jurisdiction Plaint Res-judicata Decree Legal representatives Judgment Order Partition controversy estate decree-holder judgment-debtor mesne profits litigating try compensation plaintiff defendant relief defamation withdraw

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Assignment questions 1. Write about the differences between "Decree and Order 2. State briefly the provisions made in the Civil Procedure Code relating to stay of suit. 3. State the essential conditions to constitute a bar by Stay of suit 4. State the essential conditions to constitute a bar by Res Judicata. 5. A file a suit against B for possession of lands and mesne profits past and future. The suit is decreed in favour of A but the decree fails to award the claim to future profits. A desires to fi le a second suit to recover mesne profits from the institution of the suit or the date of the decree till delivery of possession. Is the suit barred by "Res Judicata"? 6. State briefly the various provisions made in the Civil Procedure Code relating to bar to a further or fresh suit in respect of the same cause of action. 7. State briefly the general principles for determining the jurisdiction of courts in suit for immoveable property (or) moveable property and wrong to person. 8. In what courts can the following be filed? (a)A sues B and C for partition off lands belonging to t hem jointly A, B and C resides in Yangon, but the lands are in Mandalay. (b)A, residing in Bago sues B residing in Yangon for a libel published by B in Mandalay. 9. What is the proper place of suing in the following cases? (a) A suit for a tort (b) A suit for mesne profits (c) A suit for specific performance of a contract of sale of immovable property. 10. At what place or places can the following suits be instituted?

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(a)A suit for possession of a house situated at X, when the defendant resides at Y. (b)A suit for recovery of money on the basis of a promissory note executed at X, when the defendant resides at Y. (c) A suit for sale of mortgaged property where part of it is situated at X and the rest at Y, when the defendant resides at Z. (d) A suit for damages for libel published by the defendant at X when he resides Y.

Short Questions 1. What do you understand by the term "Decree"? 2. Write a short note on final decree and preliminary decree? 3. In what suit is necessary to apply for a preliminary d ecree? 4.Define Decree Holder, Judgment Debtor,Legal Representative. 5.Write a short note on mesne profits; 6.Write short note on (Res Judicata) 7. Write short note on(Stay of Suits) 8. Define Decree, Order, and judgment. 9. Explain kinds of jurisdiction. 10. What do you mean the bar to further suit? 11. What are the provisions precluding institution of a further or fresh suit in respect of the same cause of action? 12. When shall foreign judgment be conclusive? 13. Mention suits to be instituted where subject matter situate. 14.State proviso in respect of suits to institute under section 16 of the Civil procedure Code.

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