Rule 4 of CPC : Rule 4: Procedure.

Explanation using Example

Example 1:

Scenario: A property dispute between two neighbors, Mr. Sharma and Mr. Verma.

Application for Summary Judgment by Mr. Sharma:

1. Statement: This is an application for summary judgment made under Order XIII-A of the Code of Civil Procedure, 1908.
2. Material Facts and Point of Law: Mr. Sharma claims that Mr. Verma has encroached upon his property by constructing a wall that extends 2 feet into his land. The point of law is the illegal encroachment on private property.
3. Documentary Evidence:
   • Included Evidence: Land survey report, property ownership documents, and photographs of the encroachment.
   • Relevant Content: The land survey report clearly shows the boundary lines and the encroachment by Mr. Verma.
4. Reason for No Real Prospects of Defense: Mr. Sharma argues that the documentary evidence is clear and unambiguous, showing that Mr. Verma has no legal right to the encroached land.
5. Relief Sought: Mr. Sharma seeks an order for the removal of the encroaching wall and restoration of the original boundary. The grounds for this relief are based on the clear evidence of encroachment.

Notice to Mr. Verma:

• Date of Hearing: Mr. Verma is given a notice of the hearing date fixed for 30 days later.
• Claim to be Decided: The court will decide on the encroachment claim at the hearing.

Reply by Mr. Verma:

1. Material Facts and Point of Law: Mr. Verma discloses that the wall was constructed based on an old agreement with the previous owner of Mr. Sharma's property. The point of law is the validity of the old agreement.
2. Documentary Evidence:
   • Included Evidence: Copy of the old agreement and witness statements.
   • Relevant Content: The agreement allegedly permits the construction of the wall.
3. Reason for Real Prospects of Defense: Mr. Verma argues that the old agreement p...

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