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Hello everyone !!

10th February, 2014 why is this day important to me? It is because I was on call for
Professor Brajesh Ranjans class. Nervous?... Well yes I was a little as I had to be
more attentive in class than any other normal day. So heres what you will find in
this article/ note/outline or any other name one wants to give it. Again apologies if
you find some mistakes, as it was not intentionally made.
So I was up really early in the morning to brush up with the readings I had to cover
up for class and rushed for an early breakfast. To my surprise there were idlys for
breakfast and being a south Indian (sorry for being a little discriminative) I jumped
out in joy, but alas it lasted only for a few moments. I couldnt eat much as I would
doze off in class. Disappointed I grabbed a plate and ate only 4 idlys and some
omelets. I was really early for class too (10 minutes before 9), impressive isnt it?
Now the class started exactly at 17 minutes past 9. This small delay was not due to
anything else but Professor Ranjan taking us by surprise and handing us a selfassessment paper and we couldnt use our books and I was sitting in the first row
and couldnt slowly without the professors notice checkout for answers as well. It
was after all an honest attempt. The first thing Professor Ranjan did was to revise a
few important things as to what happened in the previous class and with this we
come to our first topic of the day which is MESNE PROFITS In simple terms it is the amount of money or profits what a
person who is in wrongful possession of a property earns.
This is defined in section 2(12) of the CPC, 1908. The person who ACTUALLY OWNS
the property can demand for his possession. He has 2 remedies (both can be
pressed at the same time)
1. Eviction
2. Mesne profit application
Profits here are basically monetary profits. It may also include constructive profits
(what he would have gotten had been a little more delligent). Mesne profits are net
profits earned. Interest is an integral component of mesne profits and interest can
be demanded when you file a Mesne Profits Application. In case the plaint is silent
about the interest, the courts may at its own digression include interest as it is an
interior component. If mense profits is not prayed for, then the same shall not be
granted as a remedy by the court.
CASE (2008) 3 SCC 183 Ganapati Madhav Sawant (dead) through his
Lrs. V Dattur Madhav Sawant
This case was for grant of mesne profits under Order XX, Rule 12 and it was held
that grant of mesne profit without any enquiry in terms of Order 20 Rule 12 CPC was
not permissible. If the plaintiff had not prayed for enquiry relating to mesne profits
in terms of Order XX, Rule 12 CPC, then in the absence of such prayer the same
could not be granted.

CPC says that prayer need not have an equitable remedy (inherent power) clause. If
the court feels that a prayer asked for cannot be granted then it invokes its inherent
powers and grants remedy so that justice may be done.
To sum up mesne profits = profits + Interest- cost of improvements and also may
include any revenue if any paid. Interest can be demanded till the date when the
decree is realized.
An example for cost of improvements is that A owns a house and has let it out on
rent to B and the lease period is over and B is still in possession of the house for an
year and pays a rent of 5000 Rs. Per month which make him earn a mesne profit of
60,000 Rs., and also has made improvements at the house worth 20,000 Rs. Now A
when claiming the damages can get the following Rs. 60,000 + interest (around
6%) Rs. 20,000 as cost of improvements.
Calculation of mesne profits Earlier it was done considering the market value and
it was considered faulty. Rent is however a primary criteria for calculation of mense
profits. Since it is considered as damages and it is difficult to have a standard
formula for calculation of damages.
A suitable example for the same is
From the day the cause of action arose (it is usually at the end of the notice period
for eviction) and till the filling of the suit and then comes the decree and finally the
payment. Calculation of interest can be done and prayed for during each phase
which would be around 6% from the cause of action till the suit and around 6% from
the suit till the day the decree is passed and around 6% from the date of the decree
till the actual payment of money. It rests with the discretion of courts to grant
interest in all the phases. Usually the courts grants interest from the date when the
decree is passes till the date the payment is made.
Also the brief history of how the practice of mesne profits was discussed where
there used to be a king and barons and it was the barons who used to pay off the
kings by providing them armies when the king used to go to war and later on the
king demanded rents from the barons. The barons gave the lands to cultivators on
piece meal and thus became intermediate landlords earning intermediate rent. (the
French meaning of intermediate is MENSE). Also light was thrown on the zamindari
system and the most exciting part was it was compared to the TV Series THE
GAME OF THRONES and what took me by surprise was that Professor Ranjan is also
updated with the series and another area of discussion with him can arise apart
from the subject and to think that the practices, rituals and customs of the olden
days are used in todays world through changes and modifications.
Since we have discussed the types of decrees namely preliminary decree, final
decree, partly preliminary and partly final decree and deemed decree, the topic of
deemed decree was covered with an example of Order 21, Rule 103 and 100 were
touched upon. Rule 103 states that orders have to be treated as decrees, and Rule
100 states order to be passed upon application complaining of dispossession. This is
explained with an example. Kirti is an owner of 2 pods in Delhi and they are given
on rent to Neha and Ganesh respectively and they are good friends as well. Neha

has arrears on rent and Ganesh pays his rent promptly. Kirti then moves to the court
and gets a decree executed to evict Neha out. During the eviction of Neha, Kirti
illegally forces out Ganesh out of the house using the decree she has obtained for
Neha using Ganeshs lack of ignorance. Now Ganesh cannot file a separate suit and
will have to go to the court which passed the previous decree and the order passed
from that will be deemed as a decree.

JURISDICTION
Jurisdiction may decide or preside, but if the same is not binding then there is no
jurisdiction and it is an advisory opinion. For binding there has to be an authority.
Jurisdiction is nothing but the capacity to decide and make the binding decision. The
decision may be right or wrong. It is the entitlement to enter into an inquiry
presented by parties. If there is no entitlement then there is inherent lack of
jurisdiction. If a decree is passed without jurisdiction then it is said to be
1. Null (without legal foundation)
2. Non est ( non-existence) and,
3. Coram Non Judice (not before judge)
There is something known as the default rule which is otherwise known as the
section 9 of the CPC which states Courts to try all civil suits unless barred.
The right to file a suit is an inherent right.
Under the default rule the civil courts can try any kinds of suit and can take
cognizance of all matters except
1. When expressly barred
2. When impliedly barred
There are different sources which are
a. Intra CPC bar
b. By other laws and,
c. By parties

Suit in express terms is barred by some express words, act, CPC etc. With this we
come to an end of our first class for the day. I shall be back with tomorrows notes.
11/02/2014
Again a very important day for me in class, but however there was a small problem.
I had a severe cough. Now whether or not to take the cough syrup? Dilemma again.
I took a chance and gulped down god knows how much amount of syrup. I was
confident I shall not doze off in class. I was however wrong. Sleep started to get the
better of me in the last 45 minutes of the class, but somehow I managed to stay put
and was successful in staying awake completely.

The class again started off with a small recap of what happened on Mondays class
and interest was talked upon briefly a note of which has already been provided in
the previous days class. Todays class was emphasized on jurisdiction. But before we
jump into jurisdiction in detail I shall talk about a few other things that professor
Ranjan focused upon.
CONTENTS OF DECREE The class was given and shown what a decree and copy
of judgment looked like. It was exciting as it a first time for most of us I assume (it
was for me definitely).Then we were asked to relate to the relevant section i.e,
Order 20, Rule 6 of the CPC which speaks about the contents of decree.
The sections states that a decree

Shall agree with the judgment (the decree comes after the judgment)
It contains the number of the suit
Names of the parties, their description, registered address
Particulars of the claim
Relief granted or other determination of the suit
Shall state the cost of the plaint
Courts may ask parties to set of costs

In short what the court has awarded is given in a decree and the reasons for the
same in the judgment copy.
It was really easy to understand this section by this practical exercise conducted. I
hope we get to see more of these documents as a process of learning, though it
may consume a lot of time and with a lot of syllabus to cover it may not be possible,
but I would jump at any such opportunity in hand.
The next topic covered was WHEN THE DECREE WOULD BE FINAL AND ALSO
SECTION 97 OF THE CPC
A decree becomes final (non- appealable) when the suit is completely disposed of
and when within the said time limit no appeal is filed against the decree. Section 97
speaks about the appeal from final decree when no appeal from preliminary decree.
When a final decree is passed you cannot make an appeal on the preliminary
decree. When preliminary decree is not appealed in time by virtue of section 97
then it becomes a final decree. The nature of the order is conclusive. Any decree
styled as order can be a decree. If the nature of the order is conclusive, involves
adjudication, grounds on which decree is true then it will be a decree even though it
is styled as an order. Substance is always important and not the form.
These are the some of the cases mentioned by professor Ranjan which can be of
use for our exam point of view and also can be used as our marks booster.
AIR 1997 Raj 284 Chhelaram V Manak
It was held that decision on plea of limitation is not a decree. It was observed as
follows that
The determination by the Court of the plea of limitation in a suit does not amount to
a decree, for the term determination of the rights of the parties occurring in the

definition of the word decree in Section 2(2), CPC refers to the substantive rights of
the parties with regard to the merits of the case and not to other disputes between
the parties which are ancillary to the subject-matter of the suit. For instance,
question relating to the jurisdiction of the Court or limitation and other preliminary
points of the sort, if decided in favour of the plaintiff does not determine the rights
of the parties in relation to the suit.
The other case that can be referred are AIR 1976 Guj 152
AIR 1931 Mad 471
Then the attention shifted on the core topic for the day which is jurisdiction.
The introduction lets us take note of a word called cognizance which means to take
note of. Also the definition was repeated once again which was the entitlement to
enter into an enquiry by the court.
The importance of the word inherent jurisdiction was stressed upon and when there
is a lack of inherent jurisdiction everything crumbles and judgment is null. Inherent
jurisdiction can also be called as the subject matter jurisdiction. For example a
criminal court cant hear a matter of civil nature because they do not have
jurisdiction on that subject matter where as a Presidency Small Cause Court can
hear a tenancy case but not a civil case as they do not have jurisdiction over that
matter.
A Territorial jurisdiction can be waived of but not the subject matter jurisdiction. By
consent you cant confer a judgment to the court that lacks inherent jurisdiction.
And one cannot take away the inherent jurisdiction of the court by consent.
We can look up at section 151 i.e, the absence of any law through inherent powers
of the court to do justice.
There is an inherent right to file a suit because of the maxim ubi jus ibi
remedium, but there is no inherent right to appeal as there has to be an express
law stating that there is a right to appeal.
We get back to the expansion of the table/ list on bar of jurisdiction continued from
the previous class.
BAR ON JURISDICTION
1. Express bar
2. Implied bar
There are different sources which are

Intra CPC bar (section 11 and 47)


Other acts
Party agreements
General principles of law

Public policy

TABLE GIVEN BELOW

BAR ON
JURISDICTION

EXPRESS BAR

IMPLIED BAR

SOURCES

INRA BAR ON
CPC

OTHER ACTS

PARTY
AGREEMENTS

PUBLIC POLICY

GENERAL PRINCIPLES
OF LAW

IMPLIED BAR When the Act creates a WHOLE SET OF MACHINERY for adjudication
of rights, means there is implied bar. Understand the necessary intention of the act.
When the act is silent on venue then there is no bar. Example is that there is a
specific tribunal creating a hierarchy and there lies and appeal the decision of which
is final. There is a whole procedure involved to it (WHOLE SET OF MACHINERY). Even
if the Act creates right for the 1 st time which is not created by any other statute or
common law then you cant go to the civil court (be it an implied or express bar),
but when there is a mere recognition of an existing right under a new act even if
there is an express or implied bar you have the option to select either the specific
tribunal or the civil court.
Examples for express bar are Industrial tribunal, family courts, bar council of india,
motor vehicles claims act, rent act, income tax act etc.
Special tribunal violates the mandate of the act, violates the principles of natural
justice, judicial standards and even if its an implied bar the civil courts will exercise
the jurisdiction.
Act cant grant you a remedy.
OTHER ACTS An Act may create a right or liability and specific tribunals. There
are 3 instances which are
1. Where venue is silent (Civil Courts has bar and the default rule applies).
2. Creates forums, appeals form the forums and the finality of the decision.
(Here if the right is recognized and there is an existing common law then the
civil courts also have jurisdiction and the person may choose his remedy and
where there is a new law and its right is recognized then only the forums
have the jurisdiction) (Express/Implied Bar).
3. The third instance is the same as above except that it has an express bar to
the civil courts. (Express Bar)
Example for the same would be tenancy act (rights of tenants the act has created
that right the tenant has the right to stay throughout the lease period), Section
6(2) of the essential commodities act states that if you dont agree with the decision
of the collector then you go to the commissioner and his decision would be final and
no civil court can take cognizance in this matter.
If no forum is defined then you will approach the civil court according to section 9 of
the act which creates rights and liabilities. The act also creates specific tribunals for
grievance redressals.

GENERAL PRINCIPLES OF LAW A suit by a contract killer for nonpayment of


contract money is illegal. Suits of such immoral kinds cannot be filed. In the same
way suit against a judge acting in his judicial capacity cant be filed. An act by a
state you cant go to the court simply based on sovereignty argument. The case of
Kasturilal Lalia Ram (AIR 1965 SC 1039) was referred as a compulsory reading.
ACT OF PARTIES It has 2 bifurcations namely absolute bar of court and bar of
some courts.
1. Absolute bar Jurisdiction of court
2. Bar jurisdiction of some courts
There will be no absolute bar because it damages inherent jurisdiction, section 9
(ubi jus ibi remedium) which is the default rule and section 28 (unlawful to bar
remedies) read with section 23 (eg- an unlawful contract is invalid). Cause of action
means a set of acts along with the law applicable to then give rise to a claim.
A contract to bar jurisdiction of a court is valid only when there is at least one court
which has inherent jurisdiction. This is how you are waving off territorial jurisdiction
and a party cant plead the rule of estopple.
Two parties by agreement exclude the jurisdiction of the court in 2 situations
1. They agree to absolutely bar the jurisdiction of one court (eg. You can
approach only the Delhi court)
2. They agree to absolutely bar of a court (This cant be done as the default rule
will apply)
Rules of finding out jurisdiction was discussed and it is governed by section 20
(Other suits to arise where the defendant resides or cause of action arises) and a
suitable example with reference to the section was given. An example with respect
to section 20 was given where A buys a car from B in Delhi. The delivery was to be
done in Mumbai and the Payment in Nagpur. The cause of action arises where the
issue arises. The plaintiff can go to court in any of the cities mentioned and if it says
you cant go to Delhi and this will be valid as there is one more court that is there
which can be approached.

Lastly I would like to touch up on the previous weeks cases given.


1. KALU RAM V CHARAN SINGH AND ORS ( AIR 1999 RAJ 31) This case
basically discusses whether or not a person can be a legal representative of a
deceased person and represent an estate of the deceased only for the
purpose of carrying on the suit and not as a legal heir. This sessions court
dismissed the application and on appeal the High Court gave a decision
where the person claiming to be the legal representative could be made party
to the suit.
2. BAIKUNT NATH DAS V ADDITIONAL DISTRICT JUDGE (AIR 2000 ALL
382) This case touches on the concept of intermeddler and defines who

may be an intermeddler. Section 2(11) of the CPC explains who is a legal


representative and the same includes an intermeddler. There were references
taken by many other previous decisions and the court came to a conclusion
that for the purpose of the present case the parties they did not represent the
estate as a legal representative and hence cannot be an intermeddler
including the definition of legal representative.
3. S. MOHD. LIAQ V RAMJI & ORS (AIR 1952 ALL 618) This case focuses
on the term judgment- debtor and by also telling that by bringing of legal
representative also he would not be included in the purview of a judgmentdebtor. Also what was touched upon was the Limitation Act, 1908. This case
came to an end when the courts allowed the objections of the original legal
representatives and the application was barred by time.
Also I would like to highlight what other cases that we have to go through in the
course of time some of which are suggested (marks booster) and some compulsory.
1.
2.
3.
4.
5.
6.
7.
8.
9.

AIR 1982 GUJ 254


AIR 2011 SC 848
AIR 1976 SC 1503
AIR 1961 SC 1669
AIR 1940 PRIVY COUNCIL 105 (express/ implied bar civil courts have
jurisdiction always)
(1993) 3 SCC 161 (case when an act is silent about venue)
(1974) 2 SCC 393 (PARA 15) (no inherent to file a suit)
AIR 1989 SCC 1239 (Consent to limit jurisdiction to one court not void)
AIR 1986 SC 2197