Code of Civil Procedure whollly explained with its imperatives

1. INTRODUCTION
TO CPC 1908

2. CIVIL PROCEDURE CODE, 1908
• Scheme of the Act:- It consolidates the law relating to procedure of Civil
Courts.
• It has 158 sections in the first part (the main part) and 51 ORDERS in the
second part containing Rules and 8 appendices .
• The Sections contain the fundamental principles, and thus create
jurisdiction hence a substantive law whereas the Rules deal with the detailed
procedure as to how the jurisdiction should be exercised.

3. JURISDICTION OF THE CIVIL
COURTS
 JURISDICTION IS THE BASIC AUTHORITY OF THE COURT BY WHICH IT
ADJUDICATES THE DISPUTES BROUGHT BEFORE IT.
 JURISDICTION IS OF VARIOUS TYPES SUCH AS 1. PECUNIARY 2.
TERRITORIAL 3. OF THE GIVEN SUBJECT MATTER
BASIC STRUCTURE OF CIVIL COURTS 1 CIVIL JUDGE (JUNIOR DN.) 2.
CIVIL JUDGE (SENIOR DN.) 3. DISTRICT JUDGE 4. HIGH COURT 5.
SUPREME COURT
 THERE ARE SOME OTHER DESIGNATED COURTS CREATED BOTH
UNDER THE CPC AND OUTSIDE THE CODE, SMALL CAUSES COURTS ARE
CREATED UNDER CPC. OTHER COURTS ARE CREATED BY VARIOUS
SPECIAL ACTS THROUGH WHICH THE JURISDICTION OF THE CIVIL
COURTS RELATING TO SOME SPECIFIED SUBJECT MATTERS BECOMES
BARRED AND THESE ADJUDICATORY BODIES ACQUIRE JURISDICTION
E.G. FAMILY COURTS, LABOUR COURTS AND TRIBUNALS,
ADMINISTRATIVE TRIBUNALS, ELECTRICITY TRIBUNALS, MACT.
 ALL CIVIL CLAIMS AND PROCEEDINGS ARE REQUIRED TO BE FILED IN
THE LOWEST COMPETENT COURTS.

4. S. 11: RES - JUDICATA- A SUIT OR AN ISSUE
DECIDED BY A COMPETENT COURT CANNOT
BE REOPENED AND RE-ADJUDICATED IN A
SUBSEQUENT SUIT BETWEEN THE SAME
PARTIES OR PARTIES CLAIMING THROUGH
THEM, IN ANOTHER COURT OR THE SAME
COURT.
THE MATTER SHOULD BE DIRECTLY AND
SUBSTANTIALLY ISSUE, IN THE FORMER

5. oSUITS TO BE FILED:-
● (S.15)- IN THE COURT OF LOWEST GRADE
COMPETENT TO TRY.
● (S.16)- IF RELATING TO IMMOVABLE
PROPERTY, WHERE THE PROPERTY IS
SITUATED, OR WHERE THE DEFENDANT
RESIDES OR WORKS FOR GAIN.
IF THE PROPERTY IS SITUATED WITHIN
JURISDICTION OF DIFFERENT COURTS, IN
ANY OF THOSE COURTS, OR
WHERE CAUSE OF ACTION / PART ARISES.

6. PARTIES TO SUITS
• PLAINTIFF IS THE PERSON WHO FILES THE SUIT
SEEKING RELIEF AGAINST SOME PERSON OR SET
OF PERSONS.
•DEFENDANT OR DEFENDANTS ARE THE
PERSONS AGAINST WHEN THE SUIT IS FILED AND
RELIEF SOUGHT.
• IN SOME CASES CERTAIN PARTIES AGAINST
WHOM NO ACTUAL RELIEF IS CLAIMED ARE
SHOWN AS “PROFORMA DEFENDANTS” SINCE
THOSE PARTIES ARE OTHERWISE NECESSARY TO
BE IMPLEADED OR JOINED IN THE PROCEEDING.

7. INSTITUTION OF SUITS
•FILED BY PRESENTATION OF PLAINT IN COURT.
•PLAINT TO CONTAIN ALL FACTS ALLEGED BY
PLAINTIFF AND THE RELIEF PRAYED FOR BY HIM.
•PLAINT IS TO BE FILED ALONG WITH THE
PRESCRIBED COURT FEES, WHEREVER APPLICABLE.
•AFTER PRELIMINARY SCRUTINY, THE COURT
ORDERS ISSUANCE OF SUMMONS UPON THE
DEFENDANT, IF THE PLAINT IS IN ORDER.

8. ISSUANCE & SERVICES OF
SUMMONS
•ADDITIONAL COPIES OF THE PLAINT ARE FILED BY THE PLAINTIFF IN
COURT.
•ADDITIONAL COPIED ARE SERVED UPON THE DEFENDANT BY
VARIOUS MEANS SUCH AS THROUGH COURT STAFF PERSONALLY, BY
REGISTERED POST, THROUGH COURIER OR BY E-MAIL.
•PURPOSE OF SERVICE IS TO INFORM THE DEFENDANTS ABOUT THE
SUIT BEING FILED, AND THE ALLEGATIONS AGAINST THEM.
•SOME TIMES SUMMONS ARE SERVED BY PASTING OR PUBLICATION
IN THE NEWSPAPER WHEN DEFENDANT IS NOT AVAILABLE.
•REFUSAL TO ACCEPT SERVICE AMOUNTS TO GOOD SERVICE.
•SERVICE OF SUMMONS IS THE STAGE WHEN IT BECOMES THE
DEFENDANTS RESPONSIBILITY TO APPEAR AND CONTEST THE CASE.

9. APPEARANCE &
NON- APPEARANCE OF
PARTIES
•AFTER SERVICE OF SUMMONS THE DEFENDANT IS
EXPECTED TO APPEAR AND FILE HIS WRITTEN
STATEMENT ON THE FIXED DATE. IF DEFENDANT
APPEARS AND CONTESTS, THE CASE PROCEED
ACCORDING TO LAW.
• IF DEFENDANT DOSE NOT CONTEST, THE CASE IS
HEARD EXPARTE.
•IF PLAINTIFF HIMSELF DOES NOT APPEAR, THE CASE IS
DISMISSED FOR DEFAULT.
•ORDER OF EXPARTE HEARING OR DISMISSAL FOR
DEFAULT ARE REVOCABLE.

10. INSPECTION AND
PRODUCTION OF
DOCUMENTS
•IN A CONTESTED CASE THE DOCUMENTARY
EVIDENCE OF BOTH SIDES IS VITAL.
•EITHER SIDE CAN HAVE THE DOCUMENTS
RELIED UPON BY THE OTHER SIDE TO BE
PRODUCED IN COURT.
•HE CAN THEN INSPECT THOSE DOCUMENTS
AND IF NECESSARY, CHALLENGE THE SAME IN
COURT.

11. AFFIDAVITS
•AFFIDAVITS ARE THE STATEMENTS GIVEN BY THE
PARTIES ON OATH BEFORE AUTHORIZED PERSONS
IN OR OUTSIDE THE COURT.
•SUCH PERSONS ARE GENERALLY LAWYERS EM-
POWERED BY THE STATE AND CENTRAL
GOVERNMENT TO ATTEST THE AFFIDAVITS. THEY
ARE KNOWN AS “OATH COMMISSIONERS” OR
“NOTARIES”.
•AFFIDAVITS CAN ALSO BE SWORN BY THE PARTIES
IN THE COURT TO SUPPORT THE STATEMENTS
MADE BY THEM IN THEIR PLEADINGS AND OTHER
APPLICATIONS.

12. TEMPORARY INJUNCTIONS & INTERLOCUTORY
ORDERS
•DURING PENDANCY OF SUIT A CIVIL COURT IS COMPETENT
TO GRANT A TEMPORARY INJUNCTION OR PASS SUCH
INTERLOCUTORY ORDER AS IS NECESSARY FOR THE ENDS OF
JUSTICE.
•THE TEMPORARY INJUNCTION IS AN ORDER BY WHICH ANY
OR ALL PARTIES MAY BE RESTRAINED FROM DOING ANY ACT
OR DIRECTED TO DO ANY ACT, NORMALLY DURING
PENDANCY OF THE SUIT.
•NORMALLY AN INJUNCTION IS GRANTED AFTER NOTIFYING
THE OTHER PARTY IN THE SUIT, BUT IN AN EMERGENCY IT
MAY BE GRANTED WITHOUT NOTICE OR EX PARTE.
•FOR DISOBEDIENCE OF AN OTHER OF INJUNCTION, GUILTY
PARTY MAY BE DETAINED IN CIVIL PRISON.

13. WITHDRAWAL & COMPROMISE OF SUITS
•A PLAINTIFF IS AT LIBERTY TO WITHDRAW HIS SUIT AGAINST ANY
DEFENDANT(S) OR GIVE UP HIS CLAIM.
•SOME TIMES SUITS CAN BE WITHDRAWN WITH LIBERTY TO FILE A
FRESH ONE IF THERE IS ANY FORMAL DEFECT WHICH OTHERWISE
CANNOT BE RECTIFIED WHILE IT REMAINS PENDING.
•A SUIT CAN ALSO BE WITHDRAWN ON COMPROMISE BETWEEN
THE PARTIES IF THE TERMS OF COMPROMISE ARE OTHERWISE NOT
UNLAWFUL.
•THE COMPROMISE DECREE CAN HOWEVER NOT BE CHALLENGED
LATER OWN BY EITHER PARTY ON THE GROUND OF ITS BEING
ILLEGAL.

14. FIRST & SECOND APPEAL
•APPEAL IS THE PROCEEDING WHICH A LOSING PARTY
NORMALLY FILES IN THE SUPERIOR COURT AFTER THE SUIT
IS DECIDED AGAINST HIM BY THE TRIAL COURT.
• ORIGINAL DECREES AND CERTAIN ORDERS CAN BE
APPEALED AGAINST.
•A COMPROMISE DECREE BETWEEN THE SAME PARTIES CAN
HOWEVER NOT BE APPEALED AGAINST.
•IN FIRST APPEAL THE FINDINGS OF THE TRIAL COURT
BOTH ON POINTS OF LAW AND FACTS CAN BE
CHALLENGED.
•HOWEVER IN THE SECOND APPEAL (BEFORE THE HIGH
COURT) ONLY POINTS OF LAW CAN BE CHALLENGED.

15. REFERENCE, REVIEW &
REVISION
• WHEN ANY SUBSTANTIVE QUESTION OF LAW ARISES, OR
WHERE THE LEGALITY OR CONSTUTIONALTY OF ANY LAW OR
ENACTMENT IS DOUBTFUL, A SUBORDINATE COURT CAN REFER
THE MATTER FOR CONSIDERATION OF THE HIGH COURT. IT IS
KNOWN AS “REFERENCE”.
• SIMILARLY THE TRIAL COURT CAN “REVIEW” THE PROPRIETY
OF ITS OWN JUDGMENT IF ANY PARTY APPLIES FOR DOING SO
WITHIN 30 DAYS OF THE ORIGINAL JUDGMENT.
• REVISION:- ANY PARTY CAN APPROACH THE SUPERIOR COURT
(GENERALLY HIGH COURT) AGAINST AN ORDER OF THE LOWER
COURT ON THE GROUND OF ITS JURISDICTIONAL
IRREGULARITY WITHIN 90 DAYS.
•THE SUPERIOR COURT IN DECIDING SUCH APPLICATION
EXERCISES ITS POWER OF “REVISION”.

16. EXECUTION
• EXECUTION MEANS IMPLEMENTATION OR FORCED
COMPLIANCE OF ANY DECREE OR JUDGMENT BY THE
ORIGINAL TRIAL COURT.
• THE PARTY IN WHOSE FAVOUR THE ORDER WAS PASSED
APPLIES FOR EXECUTION IF THE OTHER PARTY DOSE NOT
COMPLY WITH THE ORDER OR DECREE PASSED AGAIN HIM,
WITHIN THE PRESCRIBED TIME.
• IN EXERCISE ITS POWER OF EXECUTION, THE COURT CAN
ADOPT VARIOUS MEANS.
• SOME SUCH MEANS ARE :-
1. Taking forcible possession of immovable property ;
2. Attachment of movable property;
3. Attachment of money such as salaries, bank accounts etc.;
4. Detention of the defaulting party in civil prison etc.;