Source: Supreme Court

Why in News?

Recently, a bench comprising Justices BR Gavai, Dipankar Datta, and Aravind Kumar examined various aspects of civil law in the case of Asma Lateef & Anr. v. Shabbir Ahmad & Ors. This included the perspective that, prior to granting interim relief in a civil suit, it is crucial to ensure prima facie satisfaction of maintainability and legality.

What was the Background of Asma Lateef & Anr. v. Shabbir Ahmad & Ors. Case?

• The suit was related to a property gifted to the appellants by their great-grandmother.
• In response to their suit, two of the three defendants did not file a written statement resulting to which the trial court pronounced judgment against them.
• Supreme Court was dealing with the scenario where defendant fails to submit written statement.

What were the Court’s Observations?

The SC gave the following directions regarding not granting interim relief without deciding the question upon maintainability of the suit:

• Recording of Prima Facie Satisfaction:
  • Where interim relief is claimed in a suit before a civil court and the party to be affected by grant of such relief, or any other party to the suit, raises a point of maintainability thereof or that it is barred by law and also contends on that basis that interim relief should not to be granted, grant of relief in whatever form, if at all, ought to be preceded by formation and recording of at least a prima facie satisfaction that the suit is maintainable or that it is not barred by law.
• Grant of Interim Relief on Assumption:
  • It would be inappropriate for a court to abstain from recording its prima facie satisfaction on the question of maintainability, yet, proceed to grant protection pro tem on the assumption that the question of maintainability has to be decided as a preliminary issue under Rule 2 of Order XIV, Code of Civil Procedure, 1908 (CPC).
    • That could amount to an improper exercise of power.
• Appropriate Order in Extraordinary Situations:
  • The SC said that if an extraordinary situation arises where it could take time to decide the point of maintainability of the suit and non-grant of protection pro tem pending such decision could lead to irreversible consequences, the court may proceed to make an appropriate order in the manner indicated above justifying the course of action it adopts.
  • In other words, such an order may be passed, if at all required, to avoid irreparable harm or injury or undue hardship to the party claiming the relief and/or to ensure that the proceedings are not rendered infructuous by reason of non-interference by the court.

What are the Factors Affecting Maintainability of Suit?

• Jurisdiction:
  • The court must have jurisdiction over the subject matter of the dispute and the parties involved.
    • If the court lacks jurisdiction, the suit may not be maintainable.
• Limitation Period:
  • The CPC often specifies a limitation period within which a lawsuit must be filed.
  • If a suit is filed after the expiration of the limitation period, it may not be maintainable.
• Cause of Action:
  • The plaintiff must have a valid cause of action recognized by law.
  • The facts alleged in the plaint must disclose a legal right and a violation of that right.
• Necessary Parties:
  • The parties involved in the suit must have the legal capacity to sue or be sued.
  • Incorrectly named or improperly joined parties may affect maintainability.
  • Order I, Rule 9 of CPC states that "No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the court in every suit may deal with the matter in controversy so far as the rights and interests of the parties actually before it:
    • Provided that nothing in this rule shall apply to non-joinder of a necessary party.
• Compliance with Procedural Requirements:
  • The CPC usually sets out specific procedural requirements, such as the manner of filing the plaint, service of summons, and other formalities.
  • Failure to comply with these procedural rules may impact the maintainability of the suit.
• Res Judicata:
  • If the matter in dispute has already been adjudicated between the same parties, the principle of res judicata shall apply, preventing the filing of a fresh suit on the same issues under Section 11 of CPC.