Dealing of court cases

Jurisdiction of the court

a)
b)
c)

Territorial jurisdiction
Pecuniary jurisdiction
Subject matter jurisdiction

Dealing of court cases

Limitation for filing Suits/Cases
Civil court: Limitation is normally 3 years for
filing suits from the date of cause of action
CAT: One year from the date of cause of
action
Consumer forum: Two years
Employee compensation Act : 2 years
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Limitation for filing replies

Civil court : 30 days

Consumer forum : 3 months
CAT : Before admission : 4 weeks

Authorised Signatories on behalf of Railways

Railway Board vide letter No.E (G)82 LL22(A) dated 4th June, 92, followed by letters
dated 20.4.2001, issued a list of officers
who are appointed by whom plaints and
written statements in suits in any court of
civil jurisdiction by or against the Central
Government in respect of the Railway
Administration shall be signed.
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Suits by or against Government

In a suit by or against the Railway, the authority to
be named as plaintiff or defendant, as the case
may be, shall be Union of India represented by
General Manager of the Railway. (S.79 of CPC)
If Union of India is not made a party, the suit or
application is not maintainable for non joinder of
necessary parties

Starting point of Litigation

Representation or legal notice or advocate
notice is a pointer to litigation.
A proper disposal of representation or legal
notice makes a long way in curtailing court
cases at the threshold. Even a case is filed
thereafter, department will be on a strong
ground to contest the case.

Disposal of representation - Precautions

1. Treat the representation as beginning of
litigation. Though every representation
may not result in litigation, but it is all the
while necessary to treat it as such.
2. To the extent possible cover all the
issues raised in the representation.

Disposal of representation Precautions

3. Limit the reply to those points asked. Dont give any
unnecessary information than what is asked.
4. Do not give any specific time frame, unless you are so
sure as to implementation of an order, proposal,
examination of an issue.

Preparation of Written Statement/Reply

Always try to give factual aspects of the
case at the beginning - Introduction
Prepare remarks to each para.
Remarks should be specific and to the point
Try to give references like serial circulars,
office orders, seniority orders etc. to add
authenticity to the reply.
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Preparation of Written Statement/Reply

Take support of rule position in IREM/IREC
and Railway Board circulars
Do not give evasive replies. Give authentic
and correct information. Do not give wrong
and misleading information
Do not give leading replies
Do not use intemperate/harsh language
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Preparation of Written Statement/Reply

If Suit/Application states any incorrect averment,
state specifically that the same is not correct.
If applicant states that he/she submitted a
representation, find out whether same is disposed
of or pending or not at all received. State the same
in the reply.
If Railway Board, Chairman/RB or Secretary/RB
are made parties, file appropriate application for
the deletion of their names.
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Some important points while dealing

with court cases
Do not neglect any summon received from a
court.
As soon as a summons is received, find out
what kind of summons it is and from which
court. If the summons is for reply, send it to
the concerned department for action. If
summons is for appearance of any official,
immediately contact DGM/Law for necessary
advise.
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Some important points while

dealing with court cases
Find out the relevant department.
If it is an attachment order for salary of an
employee Inform the concerned bill section for
deductions as indicated in the order

Note: 1. No need of issuing of any notice or

informing the employee before making any
recovery under the courts orders.
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Some important points while dealing with

court cases
If summons is received in a court case related to
succession certificate, guardian certificate,
declaration of legitimacy of marriage etc, send the
notices to the concerned personnel branch.
Note: It is always advisable to file reply by stating
the rule position, and also the material available in
railways record. Dont let the case go ex parte
If summons relate to any other matter,
immediately get nomination of an advocate from
DGM/Law and also depute dealing staff to the
advocate

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Some important points while

dealing with court cases

Get nomination of the advocate

Always communicate with the advocate
Always adhere the time given by the court
If time given by the court is less to react,
seek time from the court through the
advocate

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Some important points while

dealing with court cases
If time given is already expired, contact
advocate immediately to find out what
transpired on the date of hearing fixed. If
any orders are passed, take immediate
necessary steps for appropriate action with
the advise of the advocate and Law branch.

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Some important points while

dealing with court cases
Always try to file a reply to the case. Some
times the case does not require a reply and
advocate may orally submit the case.
However, it is advantageous to file a reply
bringing the facts of the case and any rules
of railway on the point
It is also advisable to file evidence affidavits
by the concerned staff, if necessary.
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Some important points while

dealing with court cases
Compromise of the case is not agreeable.
Hence any request for compromise is to be
desisted. If such request is advantageous to
railways, take the opinion of HOD and law
branch before proceeding further.

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Some important points while

dealing with court cases
If any notice from an advocate is received, if
such notice is under S.80 of CPC or under
any other Act, a reply is a must. Hence,
along with the copy of the notice, forward a
detailed parawise draft reply to law branch
for vetting before giving reply.

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Some important points while

dealing with court cases:
Try not to address judges directly,
While addressing courts try to be humble
and polite.
File time extension petition always, if order
of a court/tribunal is under process either for
implementation or appeal with the head
quarters.
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