A Local Commissioner (LC) is an officer appointed by the court to assist it in gathering evidence or conducting certain fact-finding tasks outside the courtroom, such as inspecting a site, verifying records, or executing a commission.

The LC acts as an “extended arm of the court” — not as an advocate for either party, but as a neutral fact-finder.

Legal Basis

• Order XXVI, Code of Civil Procedure, 1908 (CPC) – governs Commissions.
• Sections 75–78 CPC provide the power to issue commissions.
• Order 26 Rules 9, 10, 10A, 11, 12, etc. explain the procedure and scope.

When & Why LC Is Appointed

The Court may appoint a Local Commissioner for several reasons, such as:

Who Appoints the LC

• The Court itself (Civil Judge, District Judge, or High Court) appoints the Local Commissioner.
• Appointment may be made:
  • Suo motu (by the court on its own), or
  • On application of either party (plaintiff or defendant).

Who Can Be Appointed as LC

Usually:

• An Advocate practicing in that jurisdiction (impartial and experienced), or
• A Government officer / technical expert, depending on the nature of inspection (e.g., engineer, surveyor, accountant).

The LC must be neutral and not connected with either party.

Procedure for Appointment

1. Application Filed:
   • A party (plaintiff or defendant) files an application under Order 26 CPC requesting appointment of LC.
   • The application must specify:
     • Purpose (inspection, evidence, accounts, etc.)
     • Reasons why LC is necessary
     • Proposed person’s name (optional)
2. Notice to Opposite Party:
   • The court usually issues notice to the other side before appointing LC (unless urgent).
3. Court’s Order:
   • The judge passes an order appointing LC with clear terms:
     • Scope of inquiry (what to inspect, record, measure)
     • Time period
     • LC’s fee (called commissioner’s fee)
     • Deadline for submitting report
4. LC’s Work:
   • LC visits site / conducts examination / records evidence.
   • Prepares a Local Commissioner’s Report (with photographs, maps, signatures, etc.).
   • Submits it to the court within the specified time.
5. Filing of Report:
   • The report is placed on record.
   • Both parties can file objections to it if they disagree.
6. Consideration by Court:
   • The court considers the LC report, objections (if any), and may:
     • Accept the report, or
     • Modify it, or
     • Direct a fresh commission.

Why LC Is Important

• Helps the court ascertain factual conditions on-site.
• Saves time and judicial effort.
• Prevents parties from tampering with evidence or misrepresenting facts.
• Ensures transparency — as LC works under court direction.

Key Case Laws

In Summary

Meaning

• Res Judicata literally means “a matter already judged.”
• It prevents the same dispute (same parties, same subject matter) from being relitigated once it has been finally decided by a competent court.
  Essential Ingredients (Section 11, CPC)

1. Matter directly and substantially in issue – Must have been in issue in the former
   suit.
2. Same parties – Both suits must involve the same parties (or their representatives).
3. Same title – Parties must have litigated under the same title (capacity, right, or
   interest).
4. Competent Court – The former court must have been competent to try the
   subsequent suit.
5. Final decision – The matter must have been heard and finally decided.
6. Directly and substantially – The issue must not be merely collateral or incidental.

Illustration

• If A sues B for ownership of land and loses, A cannot bring another suit against B
  claiming the same land again under the same title.

Doctrinal Basis

• Based on two maxims:
  o Nemo debet bis vexari pro una et eadem causa → No one should be vexed
  twice for the same cause.
  o Interest reipublicae ut sit finis litium → It is in public interest that litigation
  must come to an end.

Please check the PDF documents below for more details.

Criminal law in India deals with offences against society, where the State prosecutes the accused. The types of criminal suits are largely determined by procedure, nature of offence, and trial type.

1. Based on Cognizability

2. Based on Bailability

3. Based on Compoundability

4. Based on Type of Trial

5. Special Suits (Complaints)

6. Classification by Punishment

7. Victim-Oriented Changes in BNSS

• Victim has right to be heard at bail stage (Sec. 479 BNSS).
• Victim entitled to free copy of FIR, chargesheet, judgement digitally.
• Witness protection & video-recorded statements mandatory in sexual offence cases.

Key Takeaways

• Substance same, procedure modernized: BNSS doesn’t radically alter types of criminal suits from CrPC, but digitizes processes and introduces strict timelines.
• Summary trial widened: Petty offences up to 3 years punishment can now be disposed quickly.
• Victim empowerment: Victim rights formally recognized in bail, trial, and access to case documents.
• Technology integrated: E-FIR, e-summons, video trials, digital records are default.

So, in essence, types of criminal suits remain: Cognizable/Non-cognizable, Bailable/Non-bailable, Compoundable/Non-compoundable, and categorized by trial procedure.
The BNSS (2023) mainly strengthens digital justice, timelines, and victim rights while carrying forward the CrPC framework.

Meaning

“Quashing of FIR” means that the High Court cancels or sets aside a First Information Report (FIR) or criminal proceedings because the complaint:

• does not disclose any offence,
• is malicious or false, or
• is an abuse of the process of law.

Legal Provision

Section 482 of the Code of Criminal Procedure, 1973 And Section 528 In BNSS.

“Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary
(a) to give effect to any order under this Code,
(b) to prevent abuse of the process of any Court, or
(c) to secure the ends of justice.”

Section 482 CrPC/528 BNSS gives the High Court inherent power to quash FIRs or criminal proceedings when justified.

When FIR Can Be Quashed

Procedure to File Petition for Quashing FIR

1. File a Petition under Section 482 CrPC/528 BNSS before the High Court having jurisdiction.
2. Annex Documents: FIR copy, charge sheet (if filed), and relevant papers.
3. Serve Notice to the State/Prosecution.
4. Hearing: Both sides argue; Court examines whether FIR discloses any offence.
5. Order: Court may
   1. Quash the FIR / proceedings, or
   1. Dismiss the petition and allow trial to continue.

Landmark Judgments on Quashing of FIR

Bhajan Lal 7 Grounds (Classic Guidelines)

The Supreme Court in State of Haryana v. Bhajan Lal (1992) laid down 7 key categories where FIR can be quashed:

1. FIR does not disclose any cognizable offence.
2. Allegations are absurd or inherently improbable.
3. No legal evidence to support allegations.
4. Allegations made to harass or maliciously prosecute.
5. There is an express legal bar to proceedings.
6. FIR is filed for ulterior motives.
7. Civil nature of dispute disguised as criminal offence.

Illustrative Example

Case Example:
A files FIR against B alleging cheating (Section 420 IPC) because B failed to pay ₹2 lakh in a business transaction.
This is a civil dispute (breach of contract), not a criminal offence.
High Court may quash FIR as abuse of process, relying on Zandu Pharmaceutical and Bhajan Lal principles.

Key Points to Remember

• High Courts use Section 482 CrPC sparingly and cautiously.
• Investigation should not be halted unless FIR is clearly frivolous or illegal.
• Compromise-based quashing allowed only in personal/civil-type offences, not in serious crimes.
• FIR cannot be quashed at investigation stage unless allegations are manifestly false.

Summary Table

What is Quashing of FIR

Meaning

“Quashing of FIR” means that the High Court cancels or sets aside a First Information Report (FIR) or criminal proceedings because the complaint:

• does not disclose any offence,
• is malicious or false, or
• is an abuse of the process of law.

Legal Provision

Section 482 of the Code of Criminal Procedure, 1973 And Section 528 In BNSS.

“Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary
(a) to give effect to any order under this Code,
(b) to prevent abuse of the process of any Court, or
(c) to secure the ends of justice.”

Section 482 CrPC/528 BNSS gives the High Court inherent power to quash FIRs or criminal proceedings when justified.

When FIR Can Be Quashed

Procedure to File Petition for Quashing FIR

1. File a Petition under Section 482 CrPC/528 BNSS before the High Court having jurisdiction.
2. Annex Documents: FIR copy, charge sheet (if filed), and relevant papers.
3. Serve Notice to the State/Prosecution.
4. Hearing: Both sides argue; Court examines whether FIR discloses any offence.
5. Order: Court may
   1. Quash the FIR / proceedings, or
   1. Dismiss the petition and allow trial to continue.

Landmark Judgments on Quashing of FIR

Bhajan Lal 7 Grounds (Classic Guidelines)

The Supreme Court in State of Haryana v. Bhajan Lal (1992) laid down 7 key categories where FIR can be quashed:

1. FIR does not disclose any cognizable offence.
2. Allegations are absurd or inherently improbable.
3. No legal evidence to support allegations.
4. Allegations made to harass or maliciously prosecute.
5. There is an express legal bar to proceedings.
6. FIR is filed for ulterior motives.
7. Civil nature of dispute disguised as criminal offence.

Illustrative Example

Case Example:
A files FIR against B alleging cheating (Section 420 IPC) because B failed to pay ₹2 lakh in a business transaction.
This is a civil dispute (breach of contract), not a criminal offence.
High Court may quash FIR as abuse of process, relying on Zandu Pharmaceutical and Bhajan Lal principles.

Key Points to Remember

• High Courts use Section 482 CrPC sparingly and cautiously.
• Investigation should not be halted unless FIR is clearly frivolous or illegal.
• Compromise-based quashing allowed only in personal/civil-type offences, not in serious crimes.
• FIR cannot be quashed at investigation stage unless allegations are manifestly false.

Summary Table

In civil cases, a rebuttal refers to the evidence or argument presented by one party to counter or disprove the evidence, claims, or witnesses produced by the opposing party.

Let’s break it down clearly

Meaning of Rebuttal

A rebuttal means to contradict, deny, or disprove something stated by the opposite side.
It usually comes after the defendant’s evidence, when the plaintiff is given a chance to produce rebuttal evidence to meet any new points raised by the defendant.

Stage of Rebuttal in Civil Trials

In a civil case under the Code of Civil Procedure (CPC), 1908, the general order of trial is:

1. Plaintiff’s evidence (to prove his case)
2. Defendant’s evidence (to disprove plaintiff’s case or prove his defence)
3. Rebuttal evidence by the plaintiff, if allowed by the court

The rebuttal comes after the defendant’s evidence but before final arguments.

Purpose of Rebuttal

• To contradict or explain evidence produced by the opposite side.
• To clarify disputed facts that arose during the defence evidence.
• To neutralize the impact of any new material or facts introduced by the defendant.

 Legal Basis

While CPC doesn’t specifically use the term “rebuttal,” the concept is recognized under the Indian Evidence Act, 1872, particularly:

• Section 101–103: Burden of proof
• Section 114: Court’s power to presume based on rebuttal evidence
• Section 155: Impeaching the credit of a witness

The right to rebut is also procedural, controlled by the court’s discretion under Order XVIII Rule 3 CPC.

Order XVIII Rule 3 CPC — Key Rule

“The party beginning (plaintiff) shall have the right to reply generally on the whole case after the other party has produced evidence.”

This rule allows the plaintiff to lead rebuttal evidence only on those points which the defendant has raised in his evidence.

Example

Case: A sues B for ownership of land.

• Plaintiff’s evidence: A produces sale deed.
• Defendant’s evidence: B claims the deed is forged and presents handwriting expert report.
• Rebuttal: A may produce another expert or witnesses to prove the signature is genuine — this is rebuttal evidence.

Types of Rebuttal

Important Points

• Rebuttal is not a chance to fill gaps in your original case.
• It is allowed only to counter new points raised by the other side.
• The court has discretion to allow or restrict rebuttal evidence.

Important and landmark judgments that explain the scope, right, and limits of rebuttal evidence in civil cases under the Code of Civil Procedure (CPC), 1908.

Landmark Judgments on Rebuttal Evidence in Civil Cases

Key Legal Principles Summarized

1. Rebuttal is limited to countering new facts raised by the opposite side.
2. Court’s discretion governs whether rebuttal evidence may be led.
3. Order XVIII Rule 3 CPC is the main procedural basis.
4. Section 151 CPC (inherent powers) can also be invoked for justice.
5. Rebuttal cannot be used to fill gaps or improve the party’s main case.
6. The plaintiff’s right to rebut arises only after the defendant’s evidence closes.

1. Objective of the Act
This Act was enacted to protect Scheduled Castes (SCs) and Scheduled Tribes (STs) from:
Atrocities (offences of humiliation, violence, dispossession, exploitation),
Social discrimination,
False criminal implications,
Denial of civil rights and dignity.
 
2. Who Can Take the Benefit?
Victims must be a member of SC or ST community (as notified in the Constitution under Articles 341 and 342).
If the complainant is not SC/ST, he/she cannot invoke this Act.
The accused must belong to a non-SC/ST caste (though in rare situations intra-caste violence is considered if it involves humiliation “on account of caste”).
Benefit includes: speedy investigation, relief and rehabilitation, and special courts for quick trial.
Example:
If a Scheduled Caste farmer is forcibly evicted from his land by an upper-caste landlord, and abuses are hurled referring to his caste, he can file an FIR under SC/ST Act.
But if the dispute is purely about land with no caste angle, SC/ST Act cannot be misused.
3. Procedure under the SC/ST Act
Step 1 – FIR Registration
Victim or relative files a complaint at the nearest police station.
FIR must be immediately registered under Section 154 CrPC read with SC/ST Act provisions (Section 3).
No preliminary inquiry is required (as per Prathvi Raj Chauhan v. Union of India, 2020).
Step 2 – Investigation
Investigation must be conducted by a police officer not below the rank of Deputy Superintendent of Police (DySP) (Sec. 9 of the Act).
Investigation should be time-bound (usually 60 days).
Step 3 – Charge Sheet
After investigation, charge-sheet is filed before the Special Court designated under the Act.
Step 4 – Trial in Special Court
Case is heard by Special Court / Exclusive Special Court (Sec. 14).
Court ensures speedy trial (aim: within 2 months from filing charge sheet).
Step 5 – Relief & Rehabilitation
District Magistrate must provide immediate relief and rehabilitation to victim/family under the SC/ST Rules, 1995.
Step 6 – Punishment
Punishments under Section 3 vary: imprisonment (6 months to life) + fine, depending on offence (caste abuse, social boycott, land grabbing, sexual assault, etc.).
 
4. Important Supreme Court Judgments (Supra)
Subhash Kashinath Mahajan v. State of Maharashtra (2018) 6 SCC 454
SC introduced safeguards to prevent misuse of Act (like prior approval before arrest).
Widely criticized; later reversed by Parliament Amendment.
Union of India v. State of Maharashtra (2019) 13 SCC 516
Restored the strict provisions of SC/ST Act.
Said: No anticipatory bail if prima facie case exists.
Prathvi Raj Chauhan v. Union of India (2020) 4 SCC 727
Held: Anticipatory bail is available in rare cases if no prima facie case is made out.
Confirmed that immediate FIR is mandatory.
State of M.P. v. Ram Krishna Balothia (1995) 3 SCC 221
Upheld the constitutional validity of SC/ST Act.
Said: Special law is necessary to protect weaker sections.
5. Illustration (Example Case)
Case: An SC man is denied entry into a temple and abused by an upper-caste villager using caste-based slurs.
Procedure:
He files FIR under Sec. 3(1)(x) SC/ST Act.
DySP investigates within 60 days.
Charge-sheet filed in Special Court.
Trial conducted swiftly.
Accused convicted → 6 months to 5 years imprisonment + fine.
 This shows how the Act works to protect dignity and rights of SC/ST individuals.
In short:
Who gets benefit: Only SC/ST community members.
Procedure: FIR → DySP Investigation → Charge sheet → Special Court trial → Relief & Rehabilitation.
Supra Judgments: Ram Krishna Balothia (1995), Subhash Mahajan (2018), Union of India v. Maharashtra (2019), Prathvi Raj Chauhan (2020).

Section 25 – Dishonour of Electronic Funds Transfer for Insufficiency of Funds, etc.

Bare Provision (Simplified):
Section 25 provides that if any person issues an instruction for payment through an electronic funds transfer (EFT) (including ECS – Electronic Clearing Service), and it is dishonoured because:

1. Insufficient funds in the account, or
2. It exceeds the arrangement with the bank,

Then such dishonour attracts criminal liability, similar to dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881.

Key Ingredients of Section 25

For prosecution under Section 25, the following conditions must be fulfilled:

1. EFT Instruction issued – The drawer/accountholder must have issued an ECS/EFT mandate towards discharge of a legally enforceable debt or liability.
2. Dishonour – The EFT is dishonoured due to:
   1. Insufficient funds, or
   1. Exceeds arrangement with the bank.
3. Notice – The payee/beneficiary must issue a written demand notice within 30 days of receiving information about dishonour.
4. Failure to Pay – The drawer fails to make payment within 15 days of receipt of notice.
5. Complaint Filing – Complaint must be filed within 1 month from the date on which cause of action arises (i.e., after expiry of 15 days from notice).

Punishment under Section 25

• Imprisonment: Up to 2 years, or
• Fine: Up to twice the amount of the EFT, or
• Both.

Important Points

• Proceedings under Section 25 are almost identical to Section 138 NI Act.
• The jurisdiction is determined in the same manner as cheque bounce cases (Section 142 NI Act applies mutatis mutandis).
• Post-dated ECS instructions are also covered, just like post-dated cheques.

Case Law Reference

• Laxmi Dyechem v. State of Gujarat (2012) 13 SCC 375 – Although primarily under NI Act, the SC clarified that dishonour due to “stop payment” or “account closed” also attracts liability. Courts often apply the same principle to Section 25 matters.
• ICICI Bank v. NEPC India Ltd. (2009) 2 SCC 782 – Even electronic modes of payment dishonoured for insufficiency of funds can attract penal provisions.

In Short:
Section 25 makes ECS/EFT bounce legally equivalent to cheque bounce.
Same ingredients, same procedure, same punishment.

Comparison: ECS Bounce vs Cheque Bounce

Key Takeaway for Court Arguments:

• Both provisions are mirror images of each other.
• Section 25 (ECS bounce) is treated pari materia with Section 138 (cheque bounce).
• All procedural safeguards & timelines are the same.

Draft Complaint under Section 25, PSS Act, 2007

(For ECS Bounce)

IN THE COURT OF THE [Metropolitan Magistrate/Judicial Magistrate First Class] AT [Place]

Case No. : _____ of 20__

[Name of Complainant]
S/o/D/o/W/o __________,
R/o _____________________________ ……… Complainant

Versus

[Name of Accused]
S/o/D/o/W/o __________,
R/o _____________________________ ……… Accused

Complaint under Section 25 of the Payment and Settlement Systems Act, 2007

The Complainant Most Respectfully Submits as Under:

1. That the Accused is known to the Complainant and had approached the Complainant for a friendly loan/business transaction/consideration for goods and services, and in discharge of his legally enforceable liability, the Accused issued an Electronic Clearing Service (ECS) mandate in favour of the Complainant for a sum of ₹[amount] payable on [date].
2. That the said ECS mandate was presented by the Complainant’s bank i.e. [Bank Name, Branch], but the same was returned dishonoured with remarks “Funds Insufficient/Exceeds Arrangement/Stop Payment” vide return memo dated [date].
3. That upon dishonour, the Complainant issued a legal demand notice to the Accused on [date], within the statutory period of 30 days from the date of dishonour, calling upon the Accused to make the payment of ₹[amount] within 15 days of receipt of the said notice.
4. That despite service of the said notice, the Accused has failed and neglected to make payment of the aforesaid amount within the statutory period of 15 days, thereby making himself liable to be prosecuted under Section 25 of the Payment and Settlement Systems Act, 2007.
5. That the cause of action for filing the present complaint arose on [date], when the statutory period of 15 days expired and the Accused failed to pay the legally enforceable liability.

Jurisdiction

• That this Hon’ble Court has jurisdiction to try and entertain this complaint as the Complainant’s bank, where the ECS was presented, is situated within the territorial jurisdiction of this Hon’ble Court.

Prayer

In view of the above facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to:

a) Take cognizance of the offence committed by the Accused under Section 25 of the Payment and Settlement Systems Act, 2007;
b) Summon, try, and punish the Accused in accordance with law;
c) Award cost of proceedings in favour of the Complainant; and
d) Pass any other order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

Verification

I, [Name of Complainant], do hereby verify that the contents of paras 1 to 6 of the above complaint are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.

Place: ___________
Date: ___________

Complainant
Through Counsel
[Advocate’s Name & Signature]

Punishment Reminder:

• Imprisonment up to 2 years, or
• Fine up to twice the amount, or
• Both.

step-by-step procedure for filing and pursuing an ECS bounce case under Section 25 of the Payment and Settlement Systems Act, 2007 (similar to Section 138 NI Act process).

Step-by-Step Procedure for ECS Bounce Case

(Section 25, Payment & Settlement Systems Act, 2007)

1. Cause of Action: Dishonour of ECS Mandate

• When an ECS mandate / electronic debit instruction is dishonoured due to:
  • Insufficient funds
  • Exceeds arrangement
  • Stop payment
  • Any other reason
• The bank issues a Return Memo with dishonour reason.

Example:
Mr. A issued an ECS mandate of ₹1,00,000 in favour of Mr. B. On presentation, the ECS bounced with “Funds Insufficient” on 1st August 2025.

2. Legal Demand Notice

• Complainant must send a written demand notice to the Accused within 30 days of receiving information of dishonour.
• Notice must demand payment of the dishonoured amount within 15 days of receipt.
• Send via Registered Post / Speed Post / Courier + Email (if possible).
• Keep postal receipt & acknowledgment as evidence.

Example:
Mr. B sent a demand notice on 10th August 2025 asking Mr. A to pay within 15 days.

3. Waiting Period

• Accused gets 15 days to make payment.
• If payment is made, matter ends.
• If payment is not made, cause of action arises after expiry of 15 days.

Example:
Notice received by Mr. A on 12th August 2025 → he had time till 27th August 2025. No payment was made. Cause of action arose on 28th August 2025.

4. Filing of Complaint

• Complaint must be filed within 1 month from the date cause of action arises (i.e., expiry of 15 days).
• File complaint before the Judicial Magistrate First Class (JMFC) / Metropolitan Magistrate having jurisdiction.
• Complaint must include:
  • Complaint petition (draft I gave you earlier)
  • Copy of ECS mandate
  • Dishonour memo from bank
  • Copy of legal notice & postal proof
  • Proof of service of notice
  • Affidavit of complainant

Example:
Mr. B filed complaint on 10th September 2025 → within limitation.

5. Court Process

1. Pre-summoning Evidence:
   1. Complainant files affidavit + documents.
   1. Magistrate examines prima facie case.
2. Issuance of Summons:
   1. If satisfied, Magistrate issues summons to the Accused.
3. Appearance of Accused:
   1. Accused appears or is compelled by bailable warrant.
4. Notice under Section 251 CrPC:
   1. Substance of accusation explained to Accused.
5. Defence of Accused:
   1. Accused may take defences like:
      1. No legally enforceable liability
      1. ECS given as security, not for debt
      1. Payment already made
      1. Notice not served properly
6. Evidence Stage:
   1. Complainant produces witnesses and documents.
   1. Accused produces defence evidence.
7. Arguments & Judgment:
   1. Court decides whether offence under Section 25 is made out.

6. Punishment

If held guilty, Accused may face:

• Imprisonment up to 2 years, or
• Fine up to twice the dishonoured amount, or
• Both.

7. Appeal / Revision

• Conviction or acquittal can be challenged in Sessions Court within 30 days.

8. Execution of Sentence

• If fine is imposed and unpaid → recovery as arrears of land revenue or civil decree.
• If imprisonment awarded → warrant of commitment to jail.

Important Case Law

 Laxmi Dyechem v. State of Gujarat, (2012) 13 SCC 375 – Principles of cheque dishonour equally apply to ECS bounce cases.

Summary Flowchart:

ECS Bounce → Notice within 30 days → Wait 15 days → Complaint within 1 month → Court Trial → Conviction/Acquittal → Appeal → Execution

ECS Bounce Case – Timeline & Deadlines

llustrative Example

• 01 Aug 2025 → ECS dishonoured.
• 10 Aug 2025 → Notice sent (within 30 days).
• 12 Aug 2025 → Notice received by drawer.
• 27 Aug 2025 → 15 days expire.
• 28 Aug 2025 → Cause of action arises.
• 27 Sep 2025 → Last date to file complaint (within 1 month).

If complaint is filed on or before 27 Sep 2025, it is within limitation.

Quick Reference Notes

• Notice defect = case fails (check amount, date, party details carefully).
• ECS mandate = cheque equivalent once dishonoured.
• Condonation of delay possible if complaint filed late, but must show sufficient cause (Section 142 NI Act applies mutatis mutandis).
• Punishment: Imprisonment up to 2 years OR fine up to 2× amount OR both.

This chart is perfect for desk use—you can quickly calculate last dates in any ECS bounce matter.

“Stay of Execution Pending Suit Between the Decree-Holder and the Judgment-Debtor”

Provision (Plain Meaning)

Order 21 Rule 29 CPC states:

If a suit is pending in any Court against the decree-holder at the instance of the judgment-debtor, the Court may, on such terms as it thinks fit, stay the execution of the decree until the pending suit has been decided.

Key Ingredients

1. Execution must be pending → The decree-holder is trying to execute the decree.
2. A separate suit must already be pending → Filed by the judgment-debtor against the decree-holder.
3. Same Court requirement → The Court where execution is filed must be the same Court where the suit is pending.
4. Discretionary power → Court may stay execution, not compulsory.
5. Terms & conditions → Court may impose terms (like security, undertaking, costs).

Effect

• Protects the judgment-debtor if he has filed a genuine suit against the decree-holder.
• Prevents inconsistent results (e.g., if decree is executed but later set aside in a connected suit).
• But cannot be misused to delay execution – courts use it sparingly.

Example

• A obtains a money decree against B.
• B files a separate suit against A claiming that the decree was obtained by fraud.
• Execution proceedings are filed by A in the same Court.
  Under O.21 R.29, the Court has discretion to stay execution of A’s decree until B’s suit is decided.

But:

• If B files the suit in another court, O.21 R.29 will not apply.
• If no separate suit is pending, only objections under Section 47 CPC or O.21 Rules 97–101 are maintainable.

Important Case Law

1. Satyawati v. Rajinder Singh (2013) 9 SCC 491
   • SC held: Execution is a right of decree-holder. It should not be stayed casually. O.21 R.29 must be applied cautiously.
2. Sahodrabai v. Ramchandra Rao (AIR 1968 SC 1058)
   • Suit and execution must be in the same Court. If in different courts, O.21 R.29 does not apply.
3. Bhagwan Das v. Goswami Brijesh Kumarji (AIR 1976 SC 116)
   • Mere filing of a suit by judgment-debtor is not enough. Court must see prima facie merit before granting stay.
4. Gurunath R. Bandekar v. Vithal R. Naik (2002) 1 Bom CR 342
   • Court may impose conditions such as furnishing security while granting stay under O.21 R.29.

Summary

• O.21 R.29 CPC → Stay of execution possible only if:
  • Suit pending between decree-holder & judgment-debtor,
  • Same Court,
  • Court satisfied that stay is necessary.
• It is discretionary, not a right.
• Cannot be used for delay tactics.
• Security conditions may be imposed.

Short Example + Citation

• A money decree is passed in favour of X (decree-holder) against Y (judgment-debtor).
• Y files a suit in the same court alleging fraud in obtaining decree.
• Execution filed by X.
• Court may stay execution under O.21 R.29 CPC (See Sahodrabai v. Ramchandra Rao, AIR 1968 SC 1058).

Comparison: Order 21 Rule 26 vs Order 21 Rule 29 CPC

Case Laws

• Order 21 Rule 26 → Mahadeo Prasad v. Smt. Rukmani Devi (AIR 1982 SC 872) – Stay may be granted with security when appeal is pending.
• Order 21 Rule 29 → Sahodrabai v. Ramchandra Rao (AIR 1968 SC 1058) – Stay applies only if decree and suit are in the same court.

Quick Tip:

• R.26 = Transferee Court → stay for sufficient cause
• R.29 = Same Court → stay if connected suit pending

Order 21 Rule 26 & Rule 29 CPC – Stay of Execution

Order 21 Rule 26 – Stay by Transferee Court

• Provision: When a decree is sent for execution to another court, the transferee court may stay execution.
• Grounds:
  • Sufficient cause shown by Judgment-Debtor (JD).
  • Appeal pending against the decree.
  • Hardship / need of time for payment.
• Conditions:
  • Security may be required.
  • Stay beyond 30 days only with security (mandatory).
• Object: To protect JD from irreparable loss during pendency of appeal or interim period.

Example: A money decree passed in Delhi is sent to Jaipur for execution. JD shows appeal pending in HC. Jaipur Court may stay execution on security.

Case Law: Mahadeo Prasad v. Smt. Rukmani Devi (AIR 1982 SC 872) – Court has discretion but must impose reasonable terms.

Order 21 Rule 29 – Stay when Suit between DH & JD is Pending

• Provision: When JD files a separate suit against DH in the same court where decree is under execution, the court may stay execution.
• Conditions:
  • Both the decree and the suit must be in the same court.
  • Court must be satisfied that stay is necessary to prevent conflicting decisions.
• Object: To avoid injustice where the decree itself is challenged in a connected suit.

Example: JD alleges decree obtained by fraud → files a suit for declaration in the same court. Court may stay execution under Rule 29.

Case Law: Sahodrabai v. Ramchandra Rao (AIR 1968 SC 1058) – Rule 29 applies only if decree and suit are in the same court.

Quick Comparison

• R.26 – Transferee Court | Sufficient cause | Temporary stay.
• R.29 – Same Court | Pending suit between JD & DH | Stay till suit decided.

Advocate Tip: Always argue that stay under O.21 R.26 is discretionary and conditional (security needed). For R.29, stress that it’s a narrow exception—only if both proceedings are before the same court.

Draft Application Order 21 Rule 29 CPC

IN THE COURT OF [_________]
Execution Case No. ___ of 20__
In
Original Suit No. ___ of 20__

[Decree Holder] ………………….. Decree Holder
Versus
[Judgment Debtor] ……………… Judgment Debtor/Applicant

Application under Order 21 Rule 29 CPC

for stay of execution of decree

The Applicant most respectfully submits:

1. That the above-titled decree has been passed in favour of the Decree Holder and against the Applicant/Judgment Debtor.
2. That the Decree Holder has filed the present execution proceedings, which are pending before this Hon’ble Court.
3. That the Applicant has filed a separate civil suit being Suit No. ___ of 20__, pending before this Hon’ble Court, against the Decree Holder, challenging the validity/execution of the said decree on grounds of (fraud/misrepresentation/lack of consideration/any other ground as applicable).
4. That since both the decree sought to be executed and the said suit are pending before this very Court, the provisions of Order 21 Rule 29 CPC are attracted.
5. That unless the execution proceedings are stayed, the Applicant shall suffer irreparable loss and injury, and the suit filed by the Applicant will be rendered infructuous.
6. That the balance of convenience lies in favour of the Applicant, and no prejudice shall be caused to the Decree Holder if the execution proceedings are stayed till the disposal of the said suit.

PRAYER

In view of the above, it is most humbly prayed that this Hon’ble Court may be pleased to:

a) Stay the execution proceedings in Execution Case No. ___ of 20__, till the disposal of Suit No. ___ of 20__, pending between the same parties before this Hon’ble Court;

b) Pass such other or further orders as this Hon’ble Court may deem fit and proper in the interest of justice.

Place: ___________

Date: ___________

(Signature of Judgment Debtor/Applicant)
Through Counsel
[Advocate’s Name]

Citation to rely upon while arguing:

• Sahodrabai v. Ramchandra Rao, AIR 1968 SC 1058 – Rule 29 CPC applies only when both decree and suit are pending in the same court.

Draft Application Order 21 Rule 26

IN THE COURT OF [_________]
Execution Case No. ___ of 20__
In
Original Suit No. ___ of 20__

[Decree Holder] ………………….. Decree Holder
Versus
[Judgment Debtor] ……………… Judgment Debtor/Applicant

Application under Order 21 Rule 26 CPC

for stay of execution of decree by transferee court

The Applicant most respectfully submits:

1. That the above execution case has been transferred to this Hon’ble Court for execution of decree passed by the Court of [name of original court] in Suit No. ___ of 20__.
2. That the Applicant/Judgment Debtor has filed an application/appeal before the competent court against the said decree, which is still pending disposal.
3. That the Applicant is making all efforts to obtain a stay order from the appellate court, and for the present, seeks interim protection from this Hon’ble Court under Order 21 Rule 26 CPC.
4. That unless the execution proceedings are stayed for a reasonable period, the Applicant shall suffer irreparable loss and injury, and the pending appeal will be rendered infructuous.
5. That the Applicant is willing to furnish adequate security/surety to safeguard the interest of the Decree Holder during the pendency of stay.

PRAYER

In the facts and circumstances mentioned above, it is most humbly prayed that this Hon’ble Court may be pleased to:

a) Stay the execution proceedings in Execution Case No. ___ of 20__ for such time as this Hon’ble Court deems fit, to enable the Applicant to obtain stay orders from the appellate court;

b) Direct the Applicant to furnish such security as may be deemed just and proper;

c) Pass any other order which this Hon’ble Court deems fit and proper in the interest of justice.

Place: ___________

Date: ___________

(Signature of Judgment Debtor/Applicant)
Through Counsel
[Advocate’s Name]

Citation to support:

• Mahesh Prasad v. Mt. Mundar, AIR 1951 All 141 – Transferee court has power to grant stay under O.21 R.26, but generally requires security.

Comparison of Order 21 Rule 26 & Rule 29 CPC

Key Takeaway for Arguments:

• R.26 = Transferee Court → Temporary stay, with security.
• R.29 = Same Court → Stay if another suit between parties is pending regarding decree.

1. Rectification Deed (Section 26, Specific Relief Act, 1963)

• If the mistake is only clerical/typographical (such as a spelling error, omission of a middle name, or wrong initials), a Rectification Deed can be executed.
• This corrects the original sale deed.
• Consent of both parties (seller and buyer) is mandatory.
• The rectification deed must be registered with the Registrar of Assurances.

Example:
If “Ramesh Kumar” was mistakenly written as “Rakesh Kumar” in the sale deed, both parties can jointly execute a Rectification Deed to correct the error.

2. Suit for Rectification (Civil Court)

• If either party (buyer/seller) refuses to execute the rectification deed, you may file a Suit for Rectification before the Civil Court under Section 26 of the Specific Relief Act, 1963.
• If the court is satisfied that the mistake was bona fide, it may pass an order directing the Registrar to correct the deed.

Case Law:
Kamalamma v. Honnali Taluk Agricultural Produce Co-operative Marketing Society (AIR 2001 Kar 412) – The Court ordered rectification since the error was clerical in nature.

3. Clerical Error by Sub-Registrar

• Sometimes the error occurs during the Registrar’s entry/recording process.
• In such cases, the party may file an application to the Sub-Registrar for correction under the Registration Rules.

4. Affidavit / Supporting Documents

• For minor spelling errors, parties can file an Affidavit along with supporting ID proofs (such as Aadhaar, PAN, Passport, etc.) to establish that both names refer to the same individual.

Short Example

If “Sanjay Sharma” was mistakenly written as “Sanjiv Sharma” in the sale deed, both parties can execute a Rectification Deed and register it before the Registrar.
Once done, the corrected deed becomes legally valid.

Summary

• If both parties consent → Execute and register a Rectification Deed (simplest remedy).
• If there is no consent → File a Suit for Rectification before the Civil Court.
• If the mistake is by the Registrar → Application to the Sub-Registrar for correction.

Here’s a ready-to-use Rectification Deed draft in English that you can adapt for your case:

RECTIFICATION DEED

This Rectification Deed is made and executed at __________ on this ___ day of ________, 20

BY

(Name of Vendor/Seller), son/daughter of __________, residing at __________, hereinafter called the “Vendor” (which expression shall unless repugnant to the context mean and include his/her heirs, successors, executors, administrators, and assigns)

IN FAVOUR OF

(Name of Purchaser/Buyer), son/daughter of __________, residing at __________, hereinafter called the “Purchaser” (which expression shall unless repugnant to the context mean and include his/her heirs, successors, executors, administrators, and assigns).

WHEREAS:

1. The Vendor executed a Sale Deed dated __________ registered as Document No. __________ in the office of the Sub-Registrar of __________, in favour of the Purchaser, conveying the property described in the Schedule hereunder.
2. In the said Sale Deed, due to a clerical/typographical mistake, the name of the Purchaser has been wrongly written as “__________” instead of the correct name “__________”.
3. The parties have mutually agreed to execute this Rectification Deed to correct the said error.

NOW THIS DEED WITNESSETH AS FOLLOWS:

1. That in the Sale Deed dated __________ registered as Document No. , the name of the Purchaser wherever appearing as *“”* shall be read and construed as “__________”.
2. That except for the above correction, all other terms and conditions of the said Sale Deed shall remain unchanged and binding on both the parties.
3. That this Rectification Deed shall form part and parcel of the original Sale Deed.

SCHEDULE OF THE PROPERTY

(Here describe the property details exactly as in the original Sale Deed – survey no., plot no., boundaries, area, etc.)

IN WITNESS WHEREOF,

The parties hereto have executed this Rectification Deed on the date, month, and year first above written.

SIGNED AND DELIVERED BY:

Vendor: ________________________

Purchaser: _____________________

WITNESSES:

1. ____________________ (Name & Signature)
2. ____________________ (Name & Signature)

Note:

• This deed must be printed on stamp paper of appropriate value (as per state stamp laws).
• It must be presented for registration before the same Sub-Registrar where the original Sale Deed was registered.
• Both parties should be physically present (or act through Power of Attorney holder).

Here’s a ready draft format for a Suit for Rectification under Section 26 of the Specific Relief Act, 1963 that you can directly adapt for use in court:

IN THE COURT OF THE __________ (Civil Judge/Senior Civil Judge/District Judge) AT __________

Civil Suit No. ____ of 20__

Between:

[Plaintiff’s Name],
Son/Daughter of __________,
Resident of __________,
… Plaintiff

Versus

[Defendant’s Name],
Son/Daughter of __________,
Resident of __________,
… Defendant

SUIT FOR RECTIFICATION OF SALE DEED

(Under Section 26 of the Specific Relief Act, 1963)

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiff purchased property bearing __________ (full description with survey number, plot number, area, boundaries) from the Defendant vide a Sale Deed dated __________, registered as Document No. __________ in the office of Sub-Registrar, __________.
2. That while executing the said Sale Deed, due to a bona fide clerical/typographical mistake, the Plaintiff’s/Defendant’s name has been wrongly mentioned as “__________” instead of the correct name “__________”.
3. That the said mistake was purely unintentional, accidental and occurred due to oversight at the time of drafting/typing of the document.
4. That the Plaintiff requested the Defendant to jointly execute a Rectification Deed to correct the said error. However, the Defendant has failed/refused/avoided to execute the Rectification Deed.
5. That unless the said mistake is corrected, the Plaintiff shall suffer irreparable loss and injury as the title of the Plaintiff is not being correctly reflected in the public record.
6. That the cause of action first arose on __________ (date of execution of sale deed) and further arose when the Defendant refused to rectify the same on __________ (date).
7. That the present suit is within the period of limitation and this Hon’ble Court has jurisdiction to try and entertain the matter.

PRAYER

In view of the above facts and circumstances, the Plaintiff most respectfully prays that this Hon’ble Court may be pleased to:

a) Pass a decree of Rectification directing that in the Sale Deed dated , registered as Document No. __________ in the office of the Sub-Registrar, , the name of the Plaintiff/Defendant mentioned as *“”* be corrected and read as *“”*.

b) Direct the Sub-Registrar, __________ to carry out necessary corrections in the record and register the rectified deed accordingly.

c) Grant any other relief which this Hon’ble Court deems fit and proper in the interest of justice.

VERIFICATION

I, __________, the Plaintiff above named, do hereby verify that the contents of paragraphs 1 to 7 of the plaint are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.

Verified at __________ on this ___ day of ________, 20.

Plaintiff
(Signature)

ANNEXURES (to be filed with plaint)

1. Certified copy of the Sale Deed.
2. Plaintiff’s ID proof showing correct name.
3. Any correspondence with the Defendant regarding correction.

Note:

• Court fee as per state laws must be affixed.
• Proper valuation (usually nominal since it’s only rectification, not declaration of title).
• Affidavit and supporting documents (ID proof, certified copy of sale deed) should be attached.

Here’s a Checklist of Documents required to file a Suit for Rectification of Sale Deed under Section 26, Specific Relief Act, 1963:

Checklist of Documents

1. Mandatory Documents

• Certified copy of the Sale Deed (the deed containing the mistake).
• Plaintiff’s Identity Proof (Aadhaar, PAN, Passport, or any valid govt. ID showing the correct name).
• Address Proof of Plaintiff (utility bill, voter ID, etc.).
• Copy of Defendant’s address proof/identity proof (if available).

2. Supporting Documents

• Proof of Mistake – any evidence showing the correct name (school certificate, government ID, etc.).
• Correspondence/Notices sent to the Defendant requesting rectification (if any).
• Affidavit of Plaintiff confirming that the error is bona fide and unintentional.

3. Court Documents

• Plaint (Suit for Rectification) – as per draft.
• List of Documents.
• Vakalatnama (if filed through advocate).
• Court Fees – as per State Court Fees Act (usually nominal since this is a rectification suit, not a declaration of ownership).
• Verification & Affidavit attached with plaint.

4. Optional/Additional Documents

• Mutation records / Property tax receipts (to prove possession if relevant).
• Any supporting agreements related to the sale transaction.

Filing Tip

• File suit before the Civil Judge (Junior/Senior Division) depending on pecuniary jurisdiction in your State.
• Always attach certified copy of the original sale deed (not xerox) because the court will rely on the registered record.
• If Defendant is not cooperating, ensure that notice of demand to execute rectification deed is on record (Registered Post/Speed Post preferred).