0901 Module 06 Special Suits

Chapter 06 Special Suits

1. Introduction

This chapter discusses special suits, which are a type of legal proceeding that is different from the ordinary civil suit. Special suits are typically used to resolve specific types of disputes or to enforce specific types of rights.

Following are types of special suits:

·         Summary suits: These are suits that are designed to be resolved quickly and easily.

·         Suits by or against government and public officers: These are suits that involve the government or its officials.

·         Suits by aliens and foreign states: These are suits that involve foreign countries or their citizens.

·         Suits by or against corporations, partnership firms, persons carrying on business in names other than their own: These are suits that involve businesses or other organizations.

·         Suits by or against minors, lunatics: These are suits that involve people who are not legally capable of handling their own affairs.

·         Suits by indigent persons: These are suits that are brought by people who cannot afford to pay the costs of litigation.

·         Interpleader suits: These are suits that are brought by a person who is holding property that is claimed by two or more other persons.

Each of these types of special suits has its own unique set of rules and procedures. This chapter will provide an overview of the basic principles of each type of suit.

2. Summary Suits

A summary suit is a type of legal proceeding that is designed to be resolved quickly and easily. It is often used to resolve disputes involving small amounts of money or to enforce simple rights.

Main aim of Summary suit is to provide a speedy and efficient way to resolve disputes. This is done by simplifying the procedures and reducing the amount of evidence that is required.

The specific requirements for a summary suit vary from jurisdiction to jurisdiction. However, there are some common features that are found in most summary suits. These features include:

• A simplified pleading process: The pleadings in a summary suit are typically much simpler than the pleadings in an ordinary civil suit. This is done to reduce the amount of time and expense involved in the litigation.
• A limited discovery process: The discovery process in a summary suit is also limited. This is done to prevent the parties from engaging in unnecessary delays and expense.
• A streamlined trial process: The trial process in a summary suit is also streamlined. This is done to ensure that the case is resolved quickly and efficiently.

 

 

2.1 Simplified Pleading Process

 

Pleadings are the legal documents that are filed with the court to initiate a lawsuit and to define the parties' claims and defenses. In an ordinary civil suit, the pleadings are typically very detailed and complex. They must include a statement of the facts giving rise to the claim, a demand for relief, and a statement of the law that supports the claim.

 

In a summary suit, the pleadings are typically much simpler. They may only need to include a brief statement of the facts and a demand for relief. This is done to reduce the amount of time and expense involved in the litigation.

The simplified pleading process in summary suits can be beneficial to both parties. It can help the parties to resolve their dispute quickly and efficiently, and it can also save them money on legal fees.

 

However, it is important to note that the simplified pleading process does not mean that the parties can simply ignore the rules of procedure. The parties still need to file the required pleadings and they still need to follow the court's orders.

 

2.2 Limited Discovery Process

 

Discovery is the process by which the parties to a lawsuit gather information from each other. This information can be used to support their claims or defenses.

In an ordinary civil suit, the discovery process is typically very broad. The parties can request a wide range of information from each other, including documents, testimony, and other evidence.

In a summary suit, the discovery process is typically much more limited. The parties may only be able to request certain types of information, such as documents that are directly relevant to the dispute.

The limited discovery process in summary suits can be beneficial to both parties. It can help the parties to resolve their dispute quickly and efficiently, and it can also save them money on legal fees.

However, it is important to note that the limited discovery process does not mean that the parties are not allowed to gather any information. The parties can still request information from each other, but they may be limited in the types of information that they can request.

2.3 Streamlined Trial Process

 

 

Trial is the process by which the parties to a lawsuit present their evidence and arguments to a judge or jury. The judge or jury then decides the case.

In an ordinary civil suit, the trial process can be very complex and time-consuming. The parties may present a lot of evidence, and the trial may last for several days or even weeks.

In a summary suit, the trial process is typically much more streamlined. The parties may only be able to present a limited amount of evidence, and the trial may only last for a day or two.

The streamlined trial process in summary suits can be beneficial to both parties. It can help the parties to resolve their dispute quickly and efficiently, and it can also save them money on legal fees.

However, it is important to note that the streamlined trial process does not mean that the parties are not entitled to a fair trial. The parties still have the right to present their evidence and arguments, and the judge or jury still has the right to make a fair decision.

3. Suits by or against Government and Public Officers

A suit against the government or a public officer is a type of legal proceeding that is brought by a private individual against the government or a public officer. These types of suits are governed by special rules and procedures, which vary from jurisdiction to jurisdiction.

The main aim of a suit against the government or a public officer is to hold the government or the public officer accountable for their actions. This can be done by obtaining damages, injunctive relief, or other forms of relief.

The specific requirements for a suit against the government or a public officer vary from jurisdiction to jurisdiction. However, there are some common requirements that are found in most jurisdictions. These requirements include:

• The plaintiff must have standing to sue. This means that the plaintiff must have been injured by the government's or public officer's actions.
• The plaintiff must exhaust all administrative remedies before filing a lawsuit. This means that the plaintiff must first try to resolve the dispute through the government's or public officer's own internal procedures.
• The plaintiff to follow the specific procedure. The plaintiff must follow the specific procedural requirements for filing a lawsuit against the government or a public officer.

 

 

3.1 Suits by or against Government

A suit against the government is a type of legal proceeding that is brought by a private individual against the government. These types of suits are governed by special rules and procedures, which vary from jurisdiction to jurisdiction.

The main aim of a suit against the government is to hold the government accountable for its actions. This can be done by obtaining damages, injunctive relief, or other forms of relief.

There are a number of different types of suits that can be brought against the government. Some of the most common types of suits include:

·         Damages: A suit for damages is a type of lawsuit in which the plaintiff seeks to recover money from the government for the harm that they have suffered.

·         Injunctive relief: A suit for injunctive relief is a type of lawsuit in which the plaintiff seeks to prevent the government from taking a certain action.

·         Declaratory relief: A suit for declaratory relief is a type of lawsuit in which the plaintiff seeks a declaration of the law from the court.

·         Equitable relief: A suit for equitable relief is a type of lawsuit in which the plaintiff seeks a remedy that is not available at law, such as specific performance.

The specific requirements for a suit against the government vary from jurisdiction to jurisdiction. However, there are some common requirements that are found in most jurisdictions. These requirements include:

·         The plaintiff must have standing to sue. This means that the plaintiff must have been injured by the government's actions.

·         The plaintiff must exhaust all administrative remedies before filing a lawsuit. This means that the plaintiff must first try to resolve the dispute through the government's own internal procedures.

·         The plaintiff must follow the specific procedural requirements for filing a lawsuit against the government.

The government may be immune from suit in some cases. This means that the government cannot be sued for its actions. The government may also have the right to raise certain defenses, such as sovereign immunity.

3.2 Suits by or against Public Officers

A suit against a public officer is a type of legal proceeding that is brought by a private individual against a public officer. These types of suits are governed by special rules and procedures, which vary from jurisdiction to jurisdiction.

The main point of a suit against a public officer is to hold the public officer accountable for their actions. This can be done by obtaining damages, injunctive relief, or other forms of relief.

The specific requirements for a suit against a public officer vary from jurisdiction to jurisdiction. However, there are some common requirements that are found in most jurisdictions. These requirements include:

·         The plaintiff must have standing to sue. This means that the plaintiff must have been injured by the public officer's actions.

·         The plaintiff must exhaust all administrative remedies before filing a lawsuit. This means that the plaintiff must first try to resolve the dispute through the public officer's own internal procedures.

·         The plaintiff must follow the specific procedural requirements for filing a lawsuit against a public officer.

The public officer may be immune from suit in some cases. This means that the public officer cannot be sued for their actions. The public officer may also have the right to raise certain defenses, such as qualified immunity.

4. Suits by Aliens and Foreign states.

          A suit by an alien or foreign state is a type of legal proceeding that is brought by a person who is not a citizen of the country in which the lawsuit is filed. These types of suits are governed by special rules and procedures, which vary from jurisdiction to jurisdiction.

The aim of a suit by an alien or foreign state is to obtain justice for the plaintiff. This can be done by obtaining damages, injunctive relief, or other forms of relief.

The specific requirements for a suit by an alien or foreign state vary from jurisdiction to jurisdiction. However, there are some common requirements that are found in most jurisdictions. These requirements include:

• The plaintiff must have standing to sue. This means that the plaintiff must have been injured by the defendant's actions.
• The plaintiff must comply with the specific procedural requirements for filing a lawsuit by an alien or foreign state.
• The defendant may be able to raise certain defenses, such as sovereign immunity.

 

 

4.1 Suits by Aliens

The rules governing suits by aliens vary from country to country. However, there are some general principles that apply in most jurisdictions.

·         Aliens have the right to sue in court. This right is protected by international law and by the laws of most countries.

·         The requirements for a suit by an alien may be more stringent than the requirements for a suit by a citizen. This is because countries may be reluctant to allow aliens to sue their citizens in their courts.

·         The defendant in a suit by an alien may be able to raise the defense of sovereign immunity. Sovereign immunity is a legal principle that protects governments from being sued in their own courts.

 

The specific requirements for a suit by an alien will vary depending on the jurisdiction. However, some common requirements include:

·         The alien must have standing to sue. This means that the alien must have been injured by the defendant's actions.

·         The alien must have a connection to the jurisdiction. This connection may be based on the alien's residence, property ownership, or business activities.

·         The alien must comply with the specific procedural requirements for filing a lawsuit.

 

4.2 Suits by Foreign states.

Foreign states have the right to sue in court, but the requirements for a suit by a foreign state are typically more stringent than the requirements for a suit by a citizen or an alien.

The main reason for this is that countries are reluctant to allow foreign states to sue their citizens or other foreign states in their courts. This is because it could be seen as interfering with the sovereignty of the other country.

The specific requirements for a suit by a foreign state will vary depending on the jurisdiction. However, some common requirements include:

·         The foreign state must have standing to sue. This means that the foreign state must have been injured by the defendant's actions.

·         The foreign state must have a connection to the jurisdiction. This connection may be based on the foreign state's property ownership, business activities, or other factors.

·         The foreign state must comply with the specific procedural requirements for filing a lawsuit.

In addition to these requirements, the defendant in a suit by a foreign state may be able to raise the defense of sovereign immunity. Sovereign immunity is a legal principle that protects governments from being sued in their own courts.

 

5. Suits by or against Corporations, Partnership Firms, Persons Carrying on Business in Names other than their Own.

Order 30 of the Code of Civil Procedure, 1908 (CPC) deals with suits by or against corporations, partnership firms, and persons carrying on business in names other than their own.

A suit may be instituted by or against any two or more persons claiming or being liable as partners and carrying on business in India in the name of the firm of which such persons were partners at the time of the accruing of the cause of action.

The following are the requirements for a suit to be instituted in the name of a firm:

·         The firm must be carrying on business in India.

·         The persons claiming to be partners must have been partners at the time of the accruing of the cause of action.

·         The suit must be for a claim arising out of the partnership business.

 

 

5.1 Suits by or against Corporations

 

A suit may be instituted by or against a corporation in its corporate name.

 

The corporate name must be the name under which the corporation is registered. If the corporation is a foreign corporation, the suit must be instituted in the name of the corporation followed by the words "(Foreign Corporation)". The suit must also state the place where the corporation is incorporated.

For example, a suit by a corporation could be titled as follows:

• ABC Corporation v. XYZ Corporation

A suit against a corporation could be titled as follows:

• XYZ Corporation v. ABC Corporation

The provisions of Order 30 of the CPC also apply to suits by or against unincorporated associations.

 

 

5.2 Partnership Firms

 

 A suit may be instituted by or against any two or more persons claiming or being liable as partners and carrying on business in India in the name of the firm of which such persons were partners at the time of the accruing of the cause of action.

This means that a suit can be filed against a partnership firm by any of the partners, or by a third party, for a claim arising out of the partnership business. The suit must be filed in the name of the firm, and all proceedings in the suit will be conducted in the name of the firm. However, the decree or order passed by the court will be binding on all the partners of the firm.

For example, if a partnership firm enters into a contract with a third party, and the third party breaches the contract, the third party can file a suit against the partnership firm in the name of the firm. Similarly, if one of the partners commits a tort, the victim of the tort can file a suit against the partnership firm in the name of the firm.

It is important to note that the suit can only be filed against the partnership firm if the persons claiming to be partners were actually partners at the time of the accruing of the cause of action. If any of the persons claiming to be partners were not partners at the time of the accruing of the cause of action, the suit cannot be filed against the partnership firm.

5.3 Persons Carrying on Business in Names other than their Own.

 

A suit may be instituted by or against any person carrying on business in India in a name other than his own, in that name.

This means that a suit can be filed against a person who is carrying on business in a name other than his own, by any person, for a claim arising out of the business. The suit must be filed in the name in which the business is being carried on, and all proceedings in the suit will be conducted in that name. However, the decree or order passed by the court will be binding on the person who is actually carrying on the business, even if his name is different from the name in which the business is being carried on.

For example, if a person is carrying on business in the name of "ABC Company", and he breaches a contract with a third party, the third party can file a suit against him in the name of "ABC Company". Similarly, if the person commits a tort, the victim of the tort can file a suit against him in the name of "ABC Company".

It is important to note that the suit can only be filed against the person who is actually carrying on the business. If the person who is named in the suit is not actually carrying on the business, the suit will be dismissed.

6. Suits by or against Minors, Lunatics

A minor is a person who has not attained the age of 18 years. A lunatic is a person who is of unsound mind. The Code of Civil Procedure (CPC) provides for special rules for suits by or against minors and lunatics.

A suit may be instituted by a minor through his or her guardian.

The guardian of a minor can be his or her natural guardian, such as a parent, or a guardian appointed by the court. The guardian must be appointed by a court order before he or she can institute a suit on behalf of the minor.

 

 

6.1 Suits by or against Minors

 

A suit may be instituted by a minor through his or her guardian.

The guardian of a minor can be his or her natural guardian, such as a parent, or a guardian appointed by the court. The guardian must be appointed by a court order before he or she can institute a suit on behalf of the minor.

The Code of Civil Procedure (CPC) provides for special rules for suits by or against minors. This is because minors are considered to be incompetent to manage their own affairs. A minor cannot enter into a contract, sue or be sued, or execute a will.

A suit by a minor must be instituted through his or her guardian. The guardian is responsible for protecting the interests of the minor and ensuring that the suit is brought in the minor's best interests. The guardian must file an affidavit stating that he or she is the duly appointed guardian of the minor.

The suit must be filed in the name of the minor. However, the guardian will be the one who actually conducts the proceedings of the suit. The guardian will also be responsible for paying the court fees and other costs of the suit.

If the minor dies during the pendency of the suit, the suit can be continued by the guardian. However, if the guardian dies, the suit will be dismissed unless the court appoints a new guardian.

 

6.2 Suits by or against Lunatics

 

A suit may be instituted by or against a lunatic through his or her guardian.

The guardian of a lunatic can be his or her natural guardian, such as a spouse or parent, or a guardian appointed by the court. The guardian must be appointed by a court order before he or she can institute a suit on behalf of the lunatic.

A lunatic is a person who is of unsound mind. The Code of Civil Procedure (CPC) provides for special rules for suits by or against lunatics. This is because lunatics are considered to be incompetent to manage their own affairs. A lunatic cannot enter into a contract, sue or be sued, or execute a will.

A suit by a lunatic must be instituted through his or her guardian. The guardian is responsible for protecting the interests of the lunatic and ensuring that the suit is brought in the lunatic's best interests. The guardian must file an affidavit stating that he or she is the duly appointed guardian of the lunatic.

The suit must be filed in the name of the lunatic. However, the guardian will be the one who actually conducts the proceedings of the suit. The guardian will also be responsible for paying the court fees and other costs of the suit.

If the lunatic dies during the pendency of the suit, the suit will be dismissed.

 

7. Suits by Indigent Persons

An indigent person is a person who is unable to pay the court fees and other costs of a suit. The Code of Civil Procedure (CPC) provides for special rules for suits by indigent persons. This is to ensure that even poor people have access to justice.

An indigent person may apply to the court for exemption from payment of court fees and other costs of a suit.

The application for exemption must be made in writing and must be supported by an affidavit stating that the applicant is an indigent person and is unable to pay the court fees and other costs of the suit.

The application for exemption must be made in writing in a plain language that is easy to understand. The application must be signed by the applicant or by someone who knows the applicant and can vouch for his or her indigency. The application must also include the following information:

·         The name and address of the applicant.

·         The details of the suit, such as the court where the suit is to be filed, the name of the other party to the suit, and the relief that is being sought.

·         A statement that the applicant is an indigent person and is unable to pay the court fees and other costs of the suit.

·         Evidence to support the applicant's claim of indigency, such as income statements, bank statements, or proof of government assistance.

The affidavit must be sworn by the applicant or by someone who knows the applicant and can vouch for his or her indigency. The affidavit must state that the applicant is an indigent person and is unable to pay the court fees and other costs of the suit. The affidavit must also state that the information in the application is true and correct to the best of the applicant's knowledge and belief.

The application for exemption must be filed with the court where the suit is to be filed. The court will consider the application and may grant exemption from payment of court fees and other costs if it is satisfied that the applicant is an indigent person.

 

8. Interpleader suits

         

          An interpleader suit is a type of civil lawsuit in which a person who is holding property or money belonging to another person is sued by two or more people who claim to be the rightful owner of the property or money. The person holding the property or money is called the stakeholder.

A stakeholder may file an interpleader suit to compel the claimants to litigate their claims against each other and to avoid being held liable to either claimant.

The stakeholder can file an interpleader suit in the court where the property or money is located or in the court where any of the claimants reside. The stakeholder must file a petition with the court, setting out the facts of the case and asking the court to order the claimants to litigate their claims against each other.

An interpleader suit is a useful tool for a stakeholder who is caught in the middle of a dispute between two or more claimants. The stakeholder can file an interpleader suit to compel the claimants to litigate their claims against each other, so that the stakeholder does not have to bear the burden of deciding who is the rightful owner of the property or money.

To file an interpleader suit, the stakeholder must file a petition with the court, setting out the following information:

·         The names and addresses of the claimants.

·         The property or money that is being claimed.

·         The grounds on which each claimant asserts a right to the property or money.

·         A request that the court order the claimants to litigate their claims against each other.

The court will then decide whether to grant the stakeholder's petition. If the court grants the petition, it will issue an interpleader summons, which requires the claimants to appear in court and litigate their claims against each other.

The stakeholder will not be a party to the interpleader suit, but will be required to give evidence in the case. The court will then decide who is the rightful owner of the property or money and order the other claimant to pay the costs of the interpleader suit.