Rule 2 of CPC : Rule 2: Court to pronounce judgment on all issues.
CPC
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Explanation using Example
Example 1:
Scenario: A property dispute case is filed in a civil court in Mumbai.
Facts:
- Plaintiff: Mr. Sharma
- Defendant: Mr. Verma
- Issue: Ownership of a piece of land
Issues Raised:
- Whether the court has jurisdiction to hear the case.
- Whether Mr. Sharma is the rightful owner of the land.
- Whether the sale deed presented by Mr. Verma is valid.
Application of Rule 2:
- The court first examines the issue of jurisdiction (Issue 1) because if the court does not have jurisdiction, it cannot proceed with the case.
- The court finds that it does have jurisdiction.
- The court then proceeds to pronounce judgment on all other issues (Issues 2 and 3) to resolve the dispute completely.
Example 2:
Scenario: A breach of contract case is filed in a civil court in Delhi.
Facts:
- Plaintiff: Ms. Gupta
- Defendant: ABC Pvt. Ltd.
- Issue: Non-payment for services rendered
Issues Raised:
- Whether the suit is barred by limitation (i.e., whether it was filed within the legally allowed time frame).
- Whether ABC Pvt. Ltd. breached the contract.
- Whether Ms. Gupta is entitled to damages.
Application of Rule 2:
- The court first examines the issue of limitation (Issue 1) because if the suit is barred by limitation, the case can be disposed of without examining other issues.
- The court finds that the suit is not barred by limitation.
- The court then proceeds to pronounce judgment on all other issues (Issues 2 and 3) to resolve the dispute completely.
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