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  • Elements of Civil Suit

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    amritam yadav
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    A civil suit has several key elements: parties (plaintiff and defendant), subject matter of the dispute, matter(s) in issue to be decided by the court, cause of action or reason to bring the suit, title or legal relationship of parties to the subject matter, and relief sought by the plaintiff. The document provides examples of civil suits involving a loan repayment dispute, a property inheritance dispute, and a partition dispute to further illustrate these elements.

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    Elements of civil suit

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    A civil suit has several key elements: parties (plaintiff and defendant), subject matter of the dispute, matter(s) in issue to be decided by the court, cause of action or reason to bring the suit, title or legal relationship of parties to the subject matter, and relief sought by the plaintiff. The document provides examples of civil suits involving a loan repayment dispute, a property inheritance dispute, and a partition dispute to further illustrate these elements.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    280 views9 pages

    Elements of Civil Suit

    Uploaded by

    amritam yadav
    A civil suit has several key elements: parties (plaintiff and defendant), subject matter of the dispute, matter(s) in issue to be decided by the court, cause of action or reason to bring the suit, title or legal relationship of parties to the subject matter, and relief sought by the plaintiff. The document provides examples of civil suits involving a loan repayment dispute, a property inheritance dispute, and a partition dispute to further illustrate these elements.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    of 9

    ELEMENTS OF CIVIL SUIT

    Elements of Civil Suit


    1. Parties
    2. Subject matter
    3. Matter in issue
    4. Cause of action
    5. Title
    6. Relief
    Elements of Civil Suit
    1. Cause of action : it is basically a bundle of certain
    facts, in which one fact will be existence of legal
    right and other fact will be that such right is
    violated.
    Example: A worked under contract for salary, salary is
    not given hence his legal right is violated.
    Existence of legal
    right COA
    &
    Violation of such right
    • COA is a reason to bring a civil suit.
    Elements of Civil Suit
    2. Matter in Issue: Every such fact which helps in
    proving or disproving the COA is matter in issue.
    F(father) A holds the property
    (died without testimony)

    Fs (SON)
    Matter in issue for Fs Matter in issue for A
    1. son of F 1. Testimony was in favour of A
    2. F was owner of property
    3. F died without testimony
    Elements of Civil Suit
    3. Subject Matter: It is a reason for dispute between
    parties. It can be with respect to :
    Property right: ownership, easement, lease etc.
    Personal right: reputation, speech, life etc.

    4. Title:
    1. It is the legal relationship of a party to the subject
    matter of Suit.
    2. Legal capacity under which the party claims his
    legal right.
    Elements of Civil Suit
    Parties :
    Plaint : Plaintiff & Defendant
    Petition : Petitioner & Respondent
    Application : Applicant & Respondent

    Relief: outcome or claim by the party.


    relief is a term used in suit
    remedy is a term used in substantive law.
    Examples:
    A loan of 5 lakh B

    COA
    1. Legal right to obtain 5 lakh PARTIES
    with interest A& B
    2. Violation of such legal right

    Tiltle
    Subject Matter
    A (Creditor)
    Money and Interest
    B (Debtor)

    Matter in Issue
    1. Whether A had given loan to B Relief
    or not? 1. Recovery of 5 lakh rupees
    2. Whether time has expired to along with interest.
    return it back.
    Examples:

    F owner of property dies. F has one son Fs. A holds


    the property. B
    COA
    PARTIES
    1. Right to own property
    Fs & A
    2. Violation of such legal right

    Tiltle
    Subject Matter
    Fs (Owner)
    Property
    A (Owner)

    Matter in Issue
    Relief
    1. Whether F died without
    1. Possession
    testimony?
    2. Declaration
    2. Without will.
    Examples:

    F has two son Fs & Fs1. Fs1 claims partition.


    (Coparceners) B
    COA
    PARTIES
    1. Right to partition F, Fs & Fs1
    2. Violation of such legal right

    Tiltle
    Subject Matter
    F, Fs & Fs1(Joint Owner)
    Hindu undivided family Property

    Matter in Issue
    1. Whether property is joint family Relief
    property? 1. Partition of property
    2. Whether Fs1 is coparcener. 2. Possession of share

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