INDIA Law and Practice Contributed by: Anuradha Mukherjee, Omar Ahmad, Vikram Shah and Soumya Dasgupta, Cyril Amarchand Mangaldas
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 determine 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 circumstances – direct impleading a party that is not already arrayed as a party in the suit on the same grounds. Furthermore, if a plaintiff fails to join a “neces- sary party” to a suit, such suit is liable to be dismissed for the non-joinder of necessary par- ties. A necessary party is a person who ought to be joined as party to the suit and in whose absence an effective decree cannot be passed by the court. 4.5 Applications for Security for Defendant’s Costs Under the CPC, at any stage of the suit and either on its own motion or upon application by a defendant, a court may order the plaintiff to give security for the payment of all costs incurred and likely to be incurred by the defendant. 4.6 Costs of Interim Applications/ Motions There are no specific rules/provisions in India providing for the costs of interim applications. 4.7 Application/Motion Timeframe There is no specific timeframe provided under the CPC for the disposal of an application/ motion. However, in practice, such applications/ motions are heard and disposed of as soon as
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. Framing of Preliminary Issue At any stage prior to commencement of trial, on application from either party, the court may frame a preliminary issue before trial, which may be determined by the court, impacting the final outcome of the suit, such as an issue regard- ing lack of jurisdiction, maintainability 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 requirements following the return of the plaint by the court; • where the plaint is barred by law; and • where the plaintiff fails to comply with certain specific 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.
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