APCRPCO Section 2 : Definitions

Explanation using Example

Example 1: Address for Service

Introduction: Ramesh, a businessman in Andhra Pradesh, is involved in a civil lawsuit regarding a contract dispute. He appoints an advocate to represent him in court.

Application: According to Section 2(a) of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Ramesh must provide an "address for service" where legal documents can be served. His advocate designates the law firm's address for this purpose.

Outcome: By providing an address for service, Ramesh ensures that all court summons, notices, and other legal documents are properly delivered. Failure to provide an accurate address could result in missed court dates or judgments being passed without his knowledge.

Conclusion: Compliance with this provision ensures that Ramesh stays informed about the proceedings, avoiding potential legal disadvantages.

Example 2: Execution Petition

Introduction: Sita wins a civil case and is awarded a monetary decree against a debtor. The debtor fails to pay the amount specified in the decree.

Application: Under Section 2(e) of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Sita files an "execution petition" in the court to enforce the decree and recover the money owed.

Outcome: The court processes the execution petition, and legal measures are taken to recover the amount from the debtor. If Sita had not filed the petition, she would have no legal means to enforce the decree.

Conclusion: Filing an execution petition is crucial for enforcing court decrees and ensuring compliance by the debtor.

Example 3: Interlocutory Application

Introduction: During a property dispute case, Ravi needs to request temporary relief from the court to prevent the sale of the disputed property.

Application: As per Section 2(j), Ravi files an "interlocutory application" to seek an interim injunction against the sale. This application is made within the existing suit proceedings.

Outcome: The court grants the interim injunction, preventing the sale until the case is resolved. Without filing the interlocutory application, Ravi might have lost the opportunity to protect his interests.

Conclusion: Interlocutory applications are vital for seeking temporary relief during ongoing legal proceedings.

Example 4: Original Petition

Introduction: Priya wishes to challenge a government order affecting her land rights. She decides to approach the court for redressal.

Application: According to Section 2(k), Priya files an "original petition" to initiate proceedings against the government order, as it is not a typical civil suit or appeal.

Outcome: The court accepts the original petition, allowing Priya to present her case. If she had not filed the correct type of petition, her challenge might have been dismissed on procedural grounds.

Conclusion: Understanding the correct type of petition to file is essential for effectively pursuing legal remedies.