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Taking Cognizance by Civil Courts of Subsequent Events of Facts and Changes in Law

By R. P. Gupta

Published In

Air 2005

The question to be considered here is whether the Courts in India, in civil matters, can take cognizance of the subsequent events of facts and subsequent changes in law, which had taken place after the institution of suit but during the pendency of the first appeal or second appeal. Code of Civil Procedure, 1908 is silent on the point to be considered here, there being no specific provision for taking cognizance of subsequent events by Courts i.e. trial Court, first appellate Court, second appellate Court or revisional Court. The Scheme of Code of Civil Procedure, 1908, as am-ended up to date, shows that the proceedings in Court starts with the filing of the suit. The suit is instituted under S. 26, C.P.C. by presenting the plaint under O. 4, R. 1, C.P.C. It is to be framed so as to afford ground for final decision upon the subject in dispute and to prevent further litigation vide O. 2, R. 1, C.P.C. Summons are issued to defendants under S. 27 read with O. 5 of C.P.C. Order ....

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