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
suit,
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.;
