CIVIL PROCEDURE

 

THE CODE OF CIVIL PROCEDURE, 1908

Introduction

• This document allows one to decode the BARE ACTS for better understanding.

Disclaimer

• This document is for educational purposes only and not for any other purpose except for understanding of the BARE ACTS.
• Names and examples used are for educational purposes only.
• There may be spelling mistakes and proofreading has not been done.
• This document is an extension of rough notes taken in class.
• The document is not intended to be a comprehensive guide and should not be relied upon as the sole source of information.
• The document is not a substitute for professional advice or expert analysis and should not be used as such.
• The document does not constitute an endorsement or recommendation of any particular technology, product, or service.
• The reader assumes all responsibility for their use of the information contained in this document and any consequences that may arise.
• The author disclaim any liability for any damages or losses that may result from the use of this document or the information contained therein.
• The author and publisher reserve the right to update or change the information contained in this document at any time without prior notice.

Acknowledgments

• Respective BARE ACTS were used as references in preparing this document.
• Thanks to the professor for sharing knowledge and references used in this document.

THE CODE OF CIVIL PROCEDURE, 1908

CPC 2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—

(1) “Code” includes rules;

(2) “decree” means = formally judge is an expression of judgement / adjudication.

the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within 2 section 144, but shall not include—

E.g decree means formally judgement 

E.g decree = may contain all or any of the part of the disputes

E.g decree = will have either preliminary or final

E.g civil suits = complaints are called as “Plaint”

E.g if the “Plaint” is rejected it means the court has issued a decree. There is no ground to proceed with trial. 

(a) any adjudication from which an appeal lies as an appeal from an order, or

(b) any order of dismissal for default.

E.g when the applicant is not present in the court then the magistrate will dismiss the Plaint.

E.g the above (a)&(b) is not called as decree

Explanation.—A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final

E.g 

Legal Terms  adjudication = pronouncement of final judgment

CPC (3) “decree-holder” means 

any person in whose favour a decree has been passed or an order capable of execution has been made;

Legal Terms :  

Plaintiff and Defendant in CPC/ CIVIL

Complaint & respondent  in CRPC/ IPC

CPC (10) “judgment-debtor” means - “b” is silent 

 any person against whom a decree has been passed or an order capable of execution has been made;

CPC (7) “Government Pleader” 

includes any officer appointed by the State Government to perform all or any of the functions expressly imposed by this Code on the Government Pleader and also any pleader acting under the directions of the Government Pleader;

Legal Terms : GP : Government Pleader for Civil Suits

CPC (9) “judgment” means the statement given by the Judge of the grounds of a decree or order;

E.g here the judgment is dependent on the decree. Decree is finalized first in civil suits. 

CPC (11) “legal representative” 

means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or suied;

Legal terms: 

“Agent” means the owner/ Principle is alive

“legal representative” means the owner /principle  is deceased person

“intermeddles” = interferes 

CPC (12) “mesne profits” - “s” is silent 

of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession;

E.g when improvements have been made and profit is increased, that profit from normal average yOy year on year profits. 

CPC (13) “movable property” includes growing crops;

CPC (14) “order” means the formal expression of any decision of a Civil Court which is not a decree;

CPC (15) “pleader” means 

any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and an attorney of a High Court;

CPC (17) “public officer” means a person falling under any of the following descriptions, namely :— 8 categories 

CPC (20) “signed”, save in the case of a judgment or decree, includes stamped.

Legal Terms:  Save = means Except

CPC 3. Subordination of Courts.—

For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court.

CPC 6. Pecuniary jurisdiction.—

Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.

E.g depending on the money value : e.g 1.25 lakhs. When the judge has the  limitation of 1Lakhs, then have to file in higher court or reduce the amount claim to 1 lakh

CPC Legal Terms Pecuniary means = Money matter

Junior civil court = < 1 L

Senior court/ sub court = 1 to 10 L

District court = 10L >

PART I

SUITS IN GENERAL

JURISDICTION OF THE COURTS AND Res Judicata

CPC 9. Courts to try all civil suits unless barred.—

The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

E.g cognizance is either expressly or impliedly barred. = then = when a court is made specifically for a purpose - like agricultural disputes.

CPC 10. Stay of suit.—

No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India have jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government  and having like jurisdiction, or before the Supreme Court.

Explanation.—The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit founded on the same cause of action.

Legal Terms : 

Cognizance = taking that in their control for trial [Magistrate]

Preclude means does not stopping 

CPC 11. Res judicata.—

No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.

Legal Terms Res judicata= judgement is pronounced 

E.g when there is a likely chance to file the same SUIT in two different courts, and where one court gives judgment first becomes the former SUIT.

 

Explanation I.—The expression “former suit” shall denote a suit which has been decided prior to a suit in question whether or not it was instituted prior thereto.

Legal terms “former suit” means which is decided first or judgement is given first.

Explanation III.—The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other.

E.g when there is a suit on property ; one has to agree this is my property and deny it & say this is my property. 

CPC Explanation IV.—Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.

E.g might and ought : you have left the opportunity to include the point in the previous suit. Now that point (attack) will not be used as a base for a new suit.  1.25 lakhs 

E.g fighting on the whole property of ragini (college) and the court passes the decree to the plaintiff. 

Now the plaintiff cannot file a suit to get the property  for the house of ragini. The matter for defence becomes the topic  “property”. Where the plaintiff was ignorant to include in the whole property. 

Explanation V.—Any relief claimed in the plaint, which is not expressly granted by the decree, shall for the purposes of this section, be deemed to have been refused.

CPC 12. Bar to further suit —

Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in any Court to which this Code applies.

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9 sep  

Daily One Legal Word : 

Injuria sine damno

– Injury without damage

In simple words, Injuria sine damno means Injury without damage or it means infringement of an absolute private right without any actual loss or damage.

Daily One Advocacy Rule : 

If you keep silent against any blame made on you, it will be assumed that it is true.

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11 sep  

CPC 13. When foreign judgment not conclusive.—

A foreign judgment shall be conclusive as to any

matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except—

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of

international law or a refusal to recognise the law of India in cases in which such law is applicable;

E.g should not oppose the Indian Law or international law

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in India.

CPC 14. Presumption as to foreign judgments.—

The Court shall presume upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.

E.g WE believe when the judgement is received that Judgment may have been given by the competent court. Until Contrary opposed or proved to be wrong.

Legal terms Natural Justice = There should not be biased Hearing

PLACE OF SUING

CPC 15. Court in which suits to be instituted.—Every suit shall be instituted in the Court of the lowest grade competent to try it.

CPC 16. Suits to be instituted where subject-matter situate.—

Subject to the pecuniary or other limitations prescribed by any law, suits—

(a) for the recovery of immovable property with or without rent or profits,

(b) for the partition of immovable property,

(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,

(d) or the determination of any other right to or interest in immovable property,

(e) for compensation for wrong to immovable property,

(f) for the recovery of movable property actually under distraint or attachment,

shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:

E.g - where the property is situated. Eg in A land in Tirupati then Suit must be instituted in Tirupathi 

Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.

CPC 17. Suits for immovable property situate within jurisdiction of different Courts.—

Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts. the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate :

Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such Court.

E.g when two courts are there to file, choose the competent court which has a limit to pronounce the value. 

Res Judicata :

E.g NEET case: TN filed in the High court of TN and AP file in High court in AP. When the AP High court has pronounced the judgement before the TN high court.  

The AP High court judgement  is called as former suit

INSTITUTION OF SUITS

CPC 26. Institution of suits. — 

(1) Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.

(2) In every plaint, facts shall be proved by affidavit:

Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of rule 15A.

E.g Affidavit : means oath that provided information is true and when found false shall be punished.

E.g plaint = must contain only facts. Don't provide evidences 

THE FIRST SCHEDULE

______

ORDER I

______

(Parties to Suits)

RULES

1. Who may be joined as plaintiffs.

E.g All the NEET - Plaintiffs [Governments]  

2. Power of Court to order separate trials.

3. Who may be joined as defendants.

3A. Power to order separate trials where joinder of defendants may embarrass or delay trial.

4. Court may give judgment for or against one or more of joint parties.

5. Defendant need not be interested in all the relief claimed.

6. Joinder of parties liable on same contract.

7. When plaintiff in doubt from whom redress is to be sought.

8. One person may sue or defend on behalf of all in same interest.

8A. Power of Court to permit a person or body of persons to present opinion or to take part in

the proceedings.

9. Misjoinder and nonjoinder.

10. Suit in name of wrong plaintiff.

Court may strike out or add parties.

Where defendant added, plaint to be amended.

10A. Power of Court to request any pleader to address it.

11. Conduct of suit.

12. Appearance of one of several plaintiffs or defendants for others.

13. Objections as to nonjoinder or misjoinder.

THE FIRST SCHEDULE

_____

CPC ORDER I

Parties to Suits

CPC 1. Who may be joined as plaintiffs.— All persons may be joined in one suit as plaintiffs where—

(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and

(b) if such persons brought separate suits, any common question of law or fact would arise.

E.g Here, there are different suits filed and the court may ask to join the plaintiff.

CPC 2. Power of Court to order separate trial.—

Where it appears to the Court that any joinder of plaintiffs may embarrass or delay the trial of the suit, the Court may put the plaintiffs to their election or order separate trials or make such other order as may be expedient.

E.g When there are more Plaintiffs {e.g 3 here} and one of them is not attending the procedure and delaying the matter. Court will ask  for a separate trial excluding the absent one. 

CPC  3. Who may be joined as defendants.—All persons may be joined in one suit as defendants where—

Here the defendants are joined together 

CPC 8. One person may sue or defend on behalf of all in same interest.—

(1) Where there are numerous persons having the same interest in one suit,—

(a) one or more of such persons may, with the permission of the Court, sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested;

E.g Here there is only one Suit with Many interested Plaintiffs, now one elected on the behalf of them can attend the proceedings. 

(b) the Court may direct that one or more of such persons may sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested.

CPC 9. Misjoinder and nonjoinder.—

No suit shall be defeated by reason of the misjoinder or nonjoinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it:

Legal Terms E.g 

Misjoined = has added mistakenly 

Nonjoinder =    one person name must be added but missed to add the name. 

Provided that nothing in this rule shall apply to non-joinder of a necessary party.

E.g There are 3 sons to the father. Now the Suit is initiated by the 2 sons and one is left out. Now court cannot move on forward because the 

SUMMONS AND DISCOVERY

CPC 27. Summons to defendants.—

Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed on such day not beyond thirty days from date of the institution of the suit.

CPC ORDER V

Issue and service of summons

Issue of Summons

CPC 1. Summons.—

(1) When a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and to file the written statement of his defence, if any, within thirty days from the date of service of summons on that defendant :

E.g when the summons is received and the defendant has 30 days from the date of receiving to reply.

Provided that no such summons shall be issued when a defendant has appeared at the presentation of plaint and admitted the plaintiffs claim:

E.g when the defendant is present there during the institution of suit, and admitted the suit then there is no need to serve summons. 

Provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.

E.g 90 days are given only when written reasons are satisfied by the court. 

(2) A defendant to whom a summons has been issued under sub-rule (1) may appear—

(a) in person, or

(b) by a pleader duly instructed and able to answer all material questions relating to the suit, or

(c) by a pleader accompanied by some person able to answer all such questions.

 E.g How to appear before the court  in person or sending his lawyer or  [lawyer +a relative/ son/ spouse]

(3) Every such summons shall be signed by the Judge or such officer as he appoints, and shall be sealed with the seal of the Court.

E.g After depositing all the money, then only they procedure will be started 

CPC 2. Copy of plaint annexed to summons.—Every summon shall be accompained by a copy of the plaint.

CPC 3. Court may order defendant or plaintiff to appear in person.—

(1) Where the court sees reason to require the personal appearance of the defendant, the summons shall order him to appear in person in Court on the day therein specified.

(2) Where the Court sees reason to require the personal appearance of the plaintiff on the same day, it shall make an order for such appearance.

Service of Summons

CPC 9. Delivery of summons by Court.—(1) Where the defendant resides within the jurisdiction of the

Court in which the suit is instituted, or has an agent resident within that jurisdiction who is empowered to accept the service of the summons, the summons shall, unless the Court otherwise directs, be delivered or sent either to the proper officer to be served by him or one of his subordinates or to such courier services as are approved by the Court.

CPC 28. Service of summons where defendant resides in another State.—

(1) A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in that State.

E.g the summons direct to the local court of the defendant is residing 

CPC 31. Summons to witness.—

The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects.

CPC 32. Penalty for default.—The Court may compel the attendance of any person to whom a summons -- IMPORTANT

has been issued under section 30 and for that purpose may—

(a) issue a warrant for his arrest;

(b) attach and sell his property;

E.g when the person is absconding 

(c) impose a fine upon him not exceeding five thousand rupees;

(d) order him to furnish security for his appearance and in default commit him to the civil prison.

CPC 30. Power to order discovery and the like.—Subject to such conditions and limitations as may be

prescribed, the Court may, at any time, either of its own motion or on the application of any party,—

(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence;

(b) issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid;

(c) order any fact to be proved by affidavit.

JUDGMENT AND DECREE

CPC 33. Judgment and decree.—

The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow.

Legal Terms : Decree will be in ONE sentence / paper [or Order- this house is given to the defendant]

Judgement : why the house was allocated to the defendant is explained in numerous pages. 

Legal Terms: 

Order in CPC means= How to do. 

Sec in CPC means What it means. 

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13 Sep  

INTEREST

CPC 34. Interest.— important 

(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree, order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest at such rate not exceeding six per cent. per annum as the Court deems reasonable on such principal sum], from the date of the decree to the date of payment, or to such earlier date as the Court thinks fit :

E.g in addition to any interest adjudged : before filing the suit for that amount an additional rate of interest will be decided by the court. 

E.g now after the decree, till the final amount paid the duration period a interest rate cannot exceed 6%

Provided that where the liability in relation to the sum so adjudged had arisen out of a commercial transaction, the rate of such further interest may exceed six per cent. per annum, but shall not exceed the contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transactions.

COSTS

CPC 35. Costs.—

(1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the Court, and the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers.

E.g: Court will decide the cost of the court who has to be barred. Generally the Wrongdoer will have to pay and the reasons will be recorded

 

(2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in writing.

CPC 35A. Compensatory costs in respect of false or vexatious claims or defences.—

(1) If in any suit or other proceedings 2[including an execution proceeding but 3[excluding an appeal or a revision] any party objects to the claim or defence on the ground that the claim or defence or any part of it is, as against the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the Court, 4[if it so thinks fit], may, after recording its reasons for holding such claim or defence to be false or vexatious, make an order for the payment to the object or by the party by whom such claim or defence has been put forward, of cost by way of compensation.

E.g False matter for Instituted Suit: Now the court will direct the Plaint has to bear the court cost and additionally will have to pay compensation 

(2) No Court shall make any such order for the payment of an amount exceeding 6[three thousand rupees] or exceeding the limits of its pecuniary jurisdiction, whichever amount is less:

E.g first class magistrate upto 1 lakh

COURTS BY WHICH DECREES MAY BE EXECUTED

CPC 38. Court by which decree may be executed.—A decree may be executed either by the Court which passed it, or by the Court to which it is sent for execution.

E.g you must apply for execution of the decree to fulfill the order

E.g when the property is in madurai, have to raise a execution

CPC 37. Definition of Court which passed a decree.—

The expression “Court which passed a decree,” or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in the subject or context, be deemed to include,—

(a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the Court of first instance, and

E.g first institution of suit in Madurai and decree was in favor of the plaint. Now the appeal was in Chennai High court was in favour in 

(b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the Court which, if the suit wherein the decree was passed was instituted at the time of making the application for the execution of the decree, would have jurisdiction to try such suit.

E.g the Court which would have jurisdiction to try such a suit. = this is how the statement must be read

ARREST AND DETENTION

CPC 55. Arrest and detention.—

(1) A judgment-debtor may be arrested in execution of a decree at, any

hour and on any day, and shall, as soon as practicable, be brought before the Court, and his detention may be in the civil prison of the district in which the Court ordering the detention is situate, or, where such civil prison does not afford suitable accommodation, in any other place which the State Government may appoint for the detention of persons ordered by the Courts of such district to be detained:

Provided, firstly that, for the purpose of making an arrest under this section, no dwelling-house shall be entered after sunset and before sunrise:

Provided, secondly, that no outer door of a dwelling-house shall be broken open unless such dwelling house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the officer authorized to make the arrest has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe the judgment-debtor is to be found:

Provided, thirdly that, if the room is in the actual occupancy of a woman who is not the judgment-debtor and who according to the customs of the country does not appear in public, the officer authorized to make the arrest shall give notice to her that she is at liberty to withdraw, and, after allowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, may enter the room for the purpose of making the arrest:

E.g give notice = not a paper notice, it is asking to vacate the room at that moment.

Provided, fourthly, that, where the decree in execution of which a judgment-debtor is arrested, is a decree for the payment of money and the judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer shall at once release him.

CPC 46. Precepts.—

(1) Upon the application of the decree-holder the Court which passed the decree may. whenever it thinks fit, issue a precept to any other Court which would be competent to execute such decree to attach any property belonging to the judgment-debtor and specified in the precept.

CPC 56. Prohibition of arrest or detention of women in execution of decree for money.— important

Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.

CPC 57. Subsistence-allowance.—

The State Government may fix scales, graduated according to rank, race and nationality, of monthly allowances payable for the subsistence of judgment-debtors.

E.g when a luxurious person is arrested and demands better facilities in civil prison, the plaintiff has to deposit the money till the debtor has paid the money.

CPC 58. Detention and release.—

(1) Every person detained in the civil prison in execution of a decree

shall be so detained,—

(a) where the decree is for the payment of a sum of money exceeding five thousand rupees,

for a period not exceeding three months, and,

5[(b) where the decree is for the payment of a sum of money exceeding two thousand rupees,

but not exceeding five thousand rupees, for a period not exceeding six weeks.]

E.g if the decree holder is poor, who cannot pay the amount for the debtor to stay in civil prison

E.g sub clause 2&3 order must be received from Court to be released. 

CPC 59. Release on ground of illness.—

(1) At any time after a warrant for the arrest of a judgment-debtor has been issued the Court may cancel it on the ground of his serious illness

E.g here person is not arrested 

(2) Where a judgment-debtor has been arrested, the Court may release him if, in its opinion, he is not in a fit state of health to be detained in the civil prison.

(3) Where a judgment-debtor has been committed to the civil prison, he may be released therefrom—

E.g here the person is sent into the CIVIL Prison

(a) by the State Government, on the ground of the existence of any infectious or contagious disease, or

(b) by the committing Court, or any Court to which that Court is subordinate, on the ground of his suffering from any serious illness.

(4) A judgment-debtor released under this section may be re-arrested, but the period of his detention in civil prison shall not in the aggregate exceed that prescribed by section 58.

E.g here they will not be sent back to civil prison if the period of three months is over, but will be brought back to court.

PART III

INCIDENTAL PROCEEDINGS

COMMISSIONS

CPC 75. Power of Court to issue commissions.—

E.g here the courts ask the advocates or court officers are sent to perform these activities and courts will pay these officers or advocates .

Subject to such conditions and limitations as may be prescribed,

the Court may issue a commission—

(a) to examine any person;

(b) to make a local investigation;

(c) to examine or adjust accounts; or

(d) to make a partition;

(e) to hold a scientific, technical, or expert investigation;

(f) to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit;

(g) to perform any ministerial act.

E.g  ministerial act Means = acts which are done by the government 

PART IV

SUITS IN PARTICULAR CASES

SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

CPC 79. Suits by or against Government.—In a suit by or against the Government, the authority to be named

as plaintiff or defendant, as the case may be, shall be—

(a) in the case of a suit by or against the Central Government, the Union of India, and

(b) in the case of a suit by or against a State Government, the State.

E.g By the government or against the government 

CPC 80. Notice.— 

(1) Save as otherwise provided in sub-section (2), no suits 8[shall be instituted] against

the Government (including the Government of the State of Jammu and Kashmir)] or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of—

Legal terms : save = except.

(a) in the case of a suit against the Central Government, except where it relates to a railway] a Secretary to that Government;

(b) in the case of a suit against the Central Government where it relates to railway, the General Manager of that railway;

and, in the case of a public officer, delivered to him or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.

PART VI

SUPPLEMENTAL PROCEEDINGS

CPC 94. Supplemental proceedings.—In order to prevent the ends of justice from being defeated the

Court may, if it is so prescribed, —

(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison;

E.g Here the case is still going on- just the defendant. 

(b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;

(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;

E.g temporary injunction = temporary order 

(d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;

(e) make such other interlocutory orders as may appear to the Court to be just and convenient.

PART VII

APPEALS

APPEALS FROM ORIGINAL DECREES

CPC 96. Appeal from original decree.—

(1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such Court.

(2) An appeal may lie from an original decree passed ex parte.

E.g appeal will lie in original decree [court of first instance], can apply for appeal

(3) No appeal shall lie from a decree passed by the Court with the consent of parties.

(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognisable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed ten thousand rupees.

E.g no appeal for amounts exceeding 10k. But if there was any injustice in law then can go for appeal. 

E.g there is no appeal for amounts less than 10k. 

APPEALS FROM APPELLATE DECREES

CPC 100. Second appeal.—

(1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.

E.g Second appeal only when the LAW is not properly followed.

(2) An appeal may lie under this section from an appellate decree passed ex parte.

Legal terms : appellant on who goes for appeal 

(3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.

E.g What is the question of the law has to be prescribed clearly

(4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question.

Legal terms : substantial question = directly related the case

E.g the high court will formulate the question 

(5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question:

Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question.

E.g if the court finds that it finds that there are another new matter of law in question, which was not formulated in sub clause 4. 

CPC 100A. No further appeal in certain cases.—

Notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a Single Judge of a

High Court, no further appeal shall lie from the judgment and decree of such Single Judge.

E.g if one high court judge has heard and passed a decree no more appeal stating that only one member heard.

CPC 102. No second appeal in certain cases.—

No second appeal shall lie from any decree, when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.

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14 Sep  

GENERAL PROVISIONS RELATING TO APPEALS

CPC 107. Powers of Appellate Court.—

(1) Subject to such conditions and limitaitons as may be prescribed, an Appellate Court shall have power—

(a) to determine a case finally; - e.g taking the case

(b) to remand a case; - 

(c) to frame issues and refer them for trial; - e.g refer to other court

(d) to take additional evidence or to require such evidence to be taken.

PART VIII

REFERENCE, REVIEW AND REVISION

113. Reference to High Court.—

Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit:

E.g Any lower court can send for reference to HIGH court

Provided that where the Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court.

E.g : there is a case in lower court : there is an act/ ordinance - when the lower court thinks that this act/ ordinance is not updated. According to our knowledge act/ so and so part is not appropriate. Kindly clear these, so that the case against this can be applied based on HIGH court opinion. 

Explanation.—In this section, “Regulation” means any Regulation of the Bengal, Bombay or Madras Code or Regulation as defined in the General Clauses Act,1897, (10 of 1897) or in the General Clauses Act of a State.

CPC 114. Review.—

Subject as aforesaid, any person considering himself aggrieved—

(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred.

(b) by a decree or order from which no appeal is allowed by this Code, or

(c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.

E.g Asking the court - same court which gave the decree/ judgement - to review its judgement. 

CPC 115. Revision.—(1) The High Court may call for the record of any case which has been decided by

any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears—

E.g now the high court calls any lower court for any case file for revision 

(a) to have exercised a jurisdiction not vested in it by law, or

(b) to have failed to exercise a jurisdiction so vested, or

(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity

the High Court may make such order in the case as it thinks fit:

Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision would have finally disposed of the suit or other proceedings.

CPC 114 - same court review ; 113 & 115 - HIgh court 

All the Judges with in a district are under control of the District Judge 

Every month 18 points must be reached for every Judge must give judgments to attain these points. 

CPC 139. Oath on affidavit by whom to be administered.— 

In the case of any affidavit under this Code—

(a) any Court or Magistrate, or

(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or]

(b) any officer or other person whom a High Court may appoint in this behalf, or

(c) any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf, 

may administer the oath to the deponent.

E.g OATH can be taken under these persons only.

CPC 144. Application for restitution.—

(1) Where and in so far as a decree or an order is varied or reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the purpose, the Court which passed the decree or order shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place the parties in the position which they would have occupied but for such decree or order or such part thereof as has been varied, reversed, set aside or modified; and for this purpose, the Court may make any orders, including orders for the refund of costs and for the payment of interest, damages, compensation and mesne profits, which are properly consequential on such variation, reversal, setting aside or modification of the decree or order.

Legal Terms restitution = bringing back to same position 

E.g when the lower court was in favour of the plaintiff - “A”  wants to vacate “B” his flat. And the decree was in favour of “A”. Now the appeal by the “B” in appellate court is in favour of “B”.  Now “B” will file Application of restitution; returning to her home occupied

CPC 148. Enlargement of time.—

Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period, not exceeding thirty days in total, even though the period originally fixed or granted may have expired.

CPC 148A. Right to lodge a caveat.—

(1) Where an application is expected to be made, or has been made, in a suit or proceeding instituted, or about to be instituted, in a Court , any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.

E.g property dispute between brother & sister. Now I doubt she might file a Civil suit in the court. Now I will file an application of CAVEAT, that whenever there is any suit regarding this  matter, inform me. 

(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been, or is expected to be, made, under sub-section (1).

E.g the person who is expected to be make application - the plaintiff, 

(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.

E.g here the notice is given to the caveator - the defendant 

(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator’s expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.

E.g expenses must be born by the caveator 

(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.

E.g march 1 the caveat is logged the application will expire on the 90th day.

CPC 152. Amendment of judgments, decrees or orders.—

Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.

Legal Terms: Review means - you are not happy with judgement & there is no chances for further appeal 

CPC ORDER II

Frame of Suit

CPC 1. Frame of suit.—

Every suit shall as far as practicable be framed so as to afford ground for final decision upon the subjects in dispute and to prevent further litigation concerning them.

CPC 2. Suit to include the whole claim.—

(1) Every suit shall include the whole of the claim which the

plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any Court.

(2) Relinquishment of part of claim.—

Where a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.

CPC ORDER IV

CPC Institution of suits

1. Suit to be commenced by plaint.—

(1) Every suit shall be instituted by presenting plaint in duplicate to the Court or such officer as it appoints in this behalf.

(2) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are applicable.

(3) The plaint shall not be deemed to be duly instituted unless it complies with the requirements specified in sub-rules (1) and (2).

CPC 2. Register of suits.—

The Court shall cause the particulars of every suit to be entered in a book to be kept for the purpose and called the register of civil suits. Such entries shall be numbered in every year according to the order in which the plaints are admitted.

CPC ORDER VI

Pleadings generally

CPC 1. Pleading.—“Pleading” shall mean plaint or written statement.

CPC 2. Pleading to state material facts and not evidence.—

(1) Every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved.

E.g Only Facts are required in the plaint. Evidence should not be proved 

(2) Every pleading shall, when necessary, be devided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph.

CPC 4. Particulars to be given where necessary.—

In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading

E.g Need particulars whichever are necessary on - [misrepresentation, fraud, breach of trust, wilful default, or undue influence] provide the dates & documents.

CPC 14. Pleading to be signed.—Every pleading shall be signed by the party and his pleader (if any) :

Provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it may be signed by any person duly authorized by him to sign the same or to sue or defend on his behalf

CPC 16. Striking out pleadings.—

The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading—

(a) which may be unnecessary, scandalous, frivolous or vexatious, of

(b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or

(c) which is otherwise an abuse of the process of the Court

E.g can strike out the pleading any unnecessary 

CPC 17. Amendment of pleadings.—

The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties :

Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.

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5 oct  

CPC ORDER XXXII

Suits by or against Minors and Persons of Unsound mind

CPC 1. Minor to sue by next friend.—

Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor.

E.g when crime happened there is no age concept happens, any aggrieved person approaches 

E.g when a minor is raped or a orphan is raped or robbed

E.g Here it is civil suits hence a guardian is required.

CPC ORDER XXII

Death, Marriage and Insolvency or Parties

CPC 1. No abatement by party's death if right to sue survives.—

The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives.

E.g when the borrower is dead then wife/ son/ daughter  are responsible to pay back to Lender.

E.g then everyone will get money and give to their children and commit sucide 

PART V

SPECIAL PROCEEDINGS

ARBITRATION

CPC 89. Settlement of disputes outside the Court.—

(1) Where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the Court may reformulate the terms of a possible settlement and refer the same for :—

(a) arbitration; -  [listen to both the parties, who is not A judge]

(b) conciliation; - [judicial parties]

(c) judicial settlement including settlement through Lok Adalat: or

(d) mediation. - 

E.g here the suit is sent outside the special court. I.e is only for civil cases. 

E.g Criminal cases : there is no mediation 

E.g when adultery is committed. The person who is committed 

Legal Terms 

Decree is passed

Order is made

Judgement is published 

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Updated : 2021

Key word search:

THE INDIAN PENAL CODE, 1860 [IPC],

THE CODE OF CRIMINAL PROCEDURE, 1973 [CRPC],

THE HINDU MARRIAGE ACT, 1955 [HMA],

THE INDIAN EVIDENCE ACT, 1872 [IEA],

THE CODE OF CIVIL PROCEDURE, 1908 [CPC],

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 [DVA],

THE TRANSFER OF PROPERTY ACT, 1882 [TPA],

THE INDIAN EASEMENT ACT, 1882 [IEA],

THE LIMITATION ACT, 1963 [LIA],

THE INDIAN PENAL CODE

THE CODE OF CRIMINAL PROCEDURE

THE HINDU MARRIAGE ACT

THE INDIAN EVIDENCE ACT

THE CODE OF CIVIL PROCEDURE

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT

THE TRANSFER OF PROPERTY ACT,

THE INDIAN EASEMENT ACT

THE LIMITATION ACT

#IPC #CRPC #DVA #HMA

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