Code of civil procedure (CPC)

Code of civil procedure (CPC)

Code of civil procedure (CPC)

The Code of Civil Procedure (CPC) is a statute that governs the procedure to be followed by courts in civil cases. It is split into two parts: the primary section contains 158 sections, and the second section is comprised by the First Schedule that contains 51 Orders and Rules. The sections contain provisions regarding the fundamental guidelines for jurisdiction. In addition the rules and orders define the procedure and process to regulate civil instances in India. This is the law of procedure which defines the procedure and the machinery to be followed by courts to enforce the rights and obligations in civil cases.


Code of civil procedure (CPC)'s Posts

CAVEAT UNDER CPC

CAVEAT UNDER CPC

MEANING The Code does not define "caveat". The Latin word "beware" is the origin of the term (cav... Read More

DEFINITIONS UNDER CIVIL PROCEDURE CODE

DEFINITIONS UNDER CIVIL PROCEDURE CODE

GENERAL Most statutes have a section that defines some key expressions in the Act. A definition clause is a type of s... Read More

INHERENT POWERS OF COURT

INHERENT POWERS OF COURT

1. GENERAL Each court was created for the purpose to administer justice between the parties. Therefore, every court m... Read More

JUDGEMENT AND DECREE

JUDGEMENT AND DECREE

1. GENERAL  The court will issue the judgment after the hearing has ended. Rules 1 through 5 of Order 20 concern... Read More

RES JUDICATA: SECTION 11

RES JUDICATA: SECTION 11

(1) GENERAL Section 11 of the Code of Civil Procedure contains the doctrine of res Judicata, which refers to the rule... Read More

PARTIES APPEARANCE AND NON-APPEARANCE

PARTIES APPEARANCE AND NON-APPEARANCE

GENERAL The Code of Civil Procedure is based on the general principle that no proceeding in a court of justice should... Read More

RES-SUB JUDICE

RES-SUB JUDICE

GENERAL We will discuss two important doctrines: Doctrine de res subjudice, Section 10, and Doctrine de res ... Read More

RESTITUTION UNDER CIVIL PROCEDURE CODE

RESTITUTION UNDER CIVIL PROCEDURE CODE

MEANING Although "restitution" is not defined in the Code, it refers to the "act of restoring somethin... Read More

APPEALS BY INDIGENT PEOPLE

APPEALS BY INDIGENT PEOPLE

APPEALS BY INDIGENT PEOPLE "A person who cannot pay the court fees is considered an indigent." "No ... Read More

APPEALS FROM ORDERS

APPEALS FROM ORDERS

APPEALS FROM ORDERS "An adjudication made by a court is not a decree. It is possible to appeal certain orders.&q... Read More

APPEALS TO SUPREME COURT

APPEALS TO SUPREME COURT

APPEALS TO SUPREME COURT “If the case involves a substantial law issue of general significance, the Supreme Cou... Read More

INSTITUTION OF A SUIT

INSTITUTION OF A SUIT

INSTITUTION OF A SUIT 1. GENERAL Sections 26-35-B and Orders 1 to 20 of (First) Schedule cover the procedure for s... Read More

INTERIM ORDERS UNDER CIVIL PROCEDURE CODE

INTERIM ORDERS UNDER CIVIL PROCEDURE CODE

INTERIM ORDERS 1. GENERAL The dictionary definition of “interim” is “for the time being”, ... Read More

INTERLOCUTORY ORDER: ORDER 39 RULES 6-10

INTERLOCUTORY ORDER: ORDER 39 RULES 6-10

INTERLOCUTORY ORDER: ORDER 39 RULES 6-10 Specific interlocutory orders can be made according to Order 39 Rules 6-10. ... Read More

INTERPLEADER SUITS: ORDER 35; SECTION 88

INTERPLEADER SUITS: ORDER 35; SECTION 88

INTERPLEADER SUITS: ORDER 35; SECTION 88 (A) MEANING Interplead is "to litigate among each other to settle an... Read More

JURISDICTION OF CIVIL COURTS UNDER CPC

JURISDICTION OF CIVIL COURTS UNDER CPC

GENERAL Indian law also follows the English Law fundamental principle that there is always a remedy for every right (... Read More

PLEADINGS UNDER CPC

PLEADINGS UNDER CPC

GENERAL Order 6 deals with pleadings generally. Rule 1 defines pleading and Rule 2 sets out the basic principles... Read More

RECEIVER ORDER 40

RECEIVER ORDER 40

(1) MEANING Code of Civil Procedure does not define the term "receiver". A receiver is someone who receives... Read More

REFERENCE UNDER CPC

REFERENCE UNDER CPC

"Jurisdiction at the High Court is consultative." "In certain circumstances, a subordinate court can s... Read More

REVIEW UNDER CPC

REVIEW UNDER CPC

REVIEW UNDER CPC “Once a judgment is rendered, the court becomes functus oficio.” “A court can r... Read More

REVISION UNDER CPC

REVISION UNDER CPC

“The High Court has revisional jurisdiction over the subordinate courts.” “Revisional jurisdiction ... Read More

RULE 6 SET-OFF

RULE 6 SET-OFF

(A) MEANING “Set-off” refers to a claim that is set up against another. It’s a cross-claim that par... Read More

SECOND APPEAL UNDER CPC

SECOND APPEAL UNDER CPC

1. GENERAL Second appeals are covered by Order 42, Sections 100-103, 107 to108 and Order 42. A right of appeal does n... Read More

SUITS BY INDIGENT PERSONS ORDER 33

SUITS BY INDIGENT PERSONS ORDER 33

(A) NATURE AND SCOPE Order 33 allows indigent people to file suits. It will enable sons who cannot afford court fees ... Read More

SUMMARY SUITS ORDER 37

SUMMARY SUITS ORDER 37

(A) NATURE AND SCOPE Order 37 allows for the summary procedure in lawsuits based on the negotiable instrument or wher... Read More

TEMPORARY INJUNCTIONS ORDER 39 RULES 1-5

TEMPORARY INJUNCTIONS ORDER 39 RULES 1-5

(1) GENERAL Each court was created for the purpose to administer justice between parties. Therefore, it must be consi... Read More

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