Civil Procedure Code (CPC) - Detailed Notes
1. Introduction to CPC, 1908
- The Civil Procedure Code, 1908 governs the procedure for civil litigation in India.
- It is a procedural law that lays down the rules for filing, hearing, and adjudicating civil suits.
- Divided into two parts: (i) The Body (158 Sections) and (ii) The First Schedule (Orders and Rules).
- Objective: To consolidate and amend the laws relating to the procedure of courts of civil judicature.
2. Jurisdiction of Civil Courts
- Types of Jurisdiction:
1. Territorial Jurisdiction (Section 15-20)
2. Pecuniary Jurisdiction
3. Subject-matter Jurisdiction
4. Original and Appellate Jurisdiction
- Case Law: Kiran Singh v. Chaman Paswan, AIR 1954 SC 340
3. Res Sub Judice and Res Judicata (Sections 10 & 11)
- Res Sub Judice (Section 10): A court shall not proceed with a trial when the matter in issue is
already pending in another competent court.
- Res Judicata (Section 11): No court shall try any suit or issue which has been directly and
substantially in issue in a former suit.
- Case Law: Satyadhyan Ghosal v. Deorajin Debi, AIR 1960 SC 941
4. Place of Suing (Sections 15 to 20)
- Section 15: Suit to be filed in the court of lowest grade competent to try it.
- Section 16 to 20: Guide regarding territorial jurisdiction.
5. Institution of Suit (Order 4)
- Every suit shall be instituted by presenting a plaint to the court or such officer as the court
appoints.
- Order 7 specifies the particulars required in a plaint.
6. Pleadings Plaint and Written Statement (Order 6, 7 & 8)
- Order 6: Pleadings should state material facts, not evidence.
- Order 7: Rules relating to plaints.
- Order 8: Rules relating to written statements, set-offs and counterclaims.
7. Appearance and Non-Appearance of Parties (Order 9)
- Order 9: Deals with appearance of parties and consequences of non-appearance.
- Includes dismissal of suit for default and ex parte proceedings.
8. Examination of Parties (Order 10)
- Enables court to ascertain the matters in controversy.
- Examination of parties by the court to clarify the issues.
9. Discovery and Inspection (Order 11)
- Deals with discovery by interrogatories and document production.
- Important to ascertain facts before trial.
10. Interim Orders (Order 38 to 40)
- Attachment before judgment (Order 38)
- Temporary Injunctions (Order 39)
- Appointment of Receiver (Order 40)
11. Judgement and Decree (Order 20)
- Judgment: Statement given by judge on grounds of decree.
- Decree: Formal expression of adjudication.
- Must be clear, specific, and signed.
12. Execution of Decrees (Sections 36-74, Order 21)
- Section 38: Execution by court which passed it or to which it is transferred.
- Order 21: Comprehensive procedure for execution.
13. Appeals, Reference, Review and Revision
- Appeal (Section 96-112): Hierarchical remedy to challenge a decree.
- Reference (Section 113): Court may refer a case to High Court.
- Review (Order 47): Reconsideration by same court.
- Revision (Section 115): Supervisory jurisdiction of High Court.
14. Law of Limitation (Basic Overview)
- Governed by Limitation Act, 1963.
- Prescribes time limits for filing suits, appeals and applications.
- Important for barring stale claims.
