INDIA Law and Practice Contributed by: Anuradha Mukherjee, Omar Ahmad, Vikram Shah and Soumya Dasgupta, Cyril Amarchand Mangaldas
Framing of Preliminary Issue At any stage prior to commencement of trial, on appli- cation from either party, the court may frame a pre- liminary issue before trial, which may be determined by the court, impacting the final outcome of the suit, such as an issue regarding lack of jurisdiction, main- tainability of the suit on account of lack of cause of action, the claim being barred by limitation, etc. Rejection of the Plaint A defendant can seek rejection of the plaint/claim in the following circumstances: • when the plaint does not disclose a clause of action; • where the relief claimed is undervalued; • where the plaint is insufficiently stamped and the plaintiff fails to comply with the stamp require- ments following the return of the plaint by the court; • where the plaint is barred by law; or • where the plaintiff fails to comply with certain spe- cific requirements under the CPC. Such an application can be filed at any stage of the suit and may lead to the suit being disposed of prior to commencement of trial. Return of the Plaint Parties can seek the return of the plaint on the ground that it has been presented before a court that does not have the proper jurisdiction to adjudicate the claims. 4.3 Dispositive Motions Please see 4.2 Early Judgment Applications . 4.4 Requirements for Interested Parties to Join a Lawsuit A party can seek to be impleaded/added to a suit by way of a formal application. The court would deter- mine whether such a party has a direct interest in the subject matter of the suit and as such is considered a “necessary party” or “proper party” to the suit. The court may – on its own motion in certain circumstanc- es – direct the impleading of a party that is not already arrayed as a party in the suit on the same grounds.
sons, even if any such persons are not represented in such proceedings. 3.8 Requirements for Cost Estimate There is no requirement to provide clients with a cost estimate of potential litigation under Indian law.
4. Pre-Trial Proceedings 4.1 Interim Applications/Motions
Under the CPC, parties can file interim applications even prior to commencement of trial and substantive hearing of the claim. For instance, parties can file an application seeking: • rejection of the plaint by the defendant on various grounds; • return of the plaint to the appropriate/jurisdictional court; • protection/preservation of the subject matter of the dispute; or • the appointment of local commissioners/receivers to carry out certain acts in relation to the subject matter of the dispute. Such applications are not limited to case manage- ment; parties can obtain substantive remedies pend- ing final hearing in the matter, including interim relief for maintenance of the status quo, interim injunction, the appointment of local commissioners, the attach- ment of properties before judgment, judgment on admission, etc. 4.2 Early Judgment Applications Parties can seek specific orders from the court on certain issues that would have a final impact on the suit itself, prior to full-fledged adjudication on the mer- its of the case. Examples of such actions include the following. Judgment on Admission Either party is at liberty to seek a judgment prior to commencement of trial, or the court on its own motion may pass such judgment, based on any written or oral submission of a counterparty, at any stage of the suit, on admission of a fact.
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