Section 60 of the CPC - is it just me or is it a mess?
cpc du_llb intermediate concept_confusionMain bhai, I'm stuck on Section 60 of the CPC. So, it's saying that when a case is dismissed for lack of jurisdiction, it's like the whole proceeding never happened. Kya pata, kaise main samajta hoon. But then I read somewhere that Section 14A says that even if the court lacks jurisdiction, it can still pass a decree. Par, Section 60 kehte hai ki nahi, a court can't pass a decree if it was formed by a court that didn't have jurisdiction in the first place. Is it just me or is this a major conflict? Can someone please break it down for me?
3 Comments
Maine to bhi samajh nahi aaya hai section 60 ke baare me! It's like, CPC me kuch kaisa hi lagta hai aur fir bhi hum unhein yaad karne ke liye kai pagal batayein hote hain. Agree karta hoon, yeh section bahut zyada complex hai aur students ko bahut difficulty kaam karwata hai.
Bhai, Section 60 of CPC is indeed a bit confusing, yaar. It talks about the place where a suit can be instituted, but then it makes an exception for cases where the defendant is not a resident or is not found, toh kya hua? It's like the Code is trying to cover all scenarios, but ends up getting a bit convoluted. Maybe it needs a bit of re-explaining or a clarification from the SC.
Kya aapke liye bhi yeh section confusing hai? Section 60 of CPC basically batati hai ki pehle se judwa case mein, jab ek party apne alag-alag advocate ke saath case lada rahi hai, to koi bhi advocate apne client ki behaal ko represent kar sakta hai. Lagta hai yeh section bahut complex hai, but sach to yeh isliye likha gaya hai ki court ko koi bhi advocate ko case ke liye permission do sake.