Overview of the Code of Civil Procedure, 1908 (CPC)

1. Objectives and Scope

Purpose: To provide a uniform procedure for the administration of civil justice in India. It covers the processes for filing civil suits, conducting trials, and enforcing judgments.

Applicability: Applies to all civil suits and proceedings, except where specific laws provide alternative procedures.

2. Structure and Key Provisions

The CPC is divided into several parts, each dealing with different aspects of civil procedure:

Part I – Preliminary:

Definitions: Provides definitions of key terms used in the CPC.

Applicability: Details the extent and applicability of the CPC.

Part II – Suits in General:

Institution of Suits: Procedures for initiating a civil suit, including filing a plaint and summons.

Pleadings: Rules regarding the framing of pleadings, including plaints and written statements.

Jurisdiction: Defines the jurisdiction of civil courts and the criteria for determining which court has the authority to hear a case.

Part III – Execution of Decrees and Orders:

Execution of Decrees: Procedures for enforcing court orders and decrees.

Attachment and Sale: Rules for attaching and selling property to satisfy a decree.

Part IV – Special Proceedings:

Injunctions: Procedures for obtaining injunctions and orders of specific performance.

Commissions: Rules for appointing commissioners to collect evidence or carry out specific tasks.

Part V – Appeals:

Appeal Processes: Procedures for filing appeals against civil court judgments and orders, including the grounds and process for appeals.

Stay of Proceedings: Rules for seeking a stay of proceedings during the appeal process.

Part VI – Review and Revision:

Review of Judgments: Procedures for seeking a review of a judgment if there is an error apparent on the face of the record.

Revisional Jurisdiction: Rules for revising decisions of lower courts.

Part VII – Miscellaneous:

Costs: Provisions regarding the award of costs in civil suits.

Service of Process: Rules for serving notices, summons, and other processes.

3. Key Sections

Section 1: Short title, extent, and commencement.

Section 2: Definitions and interpretation.

Section 10: Stay of suits.

Section 11: Res judicata (principle of finality of judgments).

Section 12: Procedure for suits of a specific nature (e.g., suits for recovery of possession).

Section 13-16: Jurisdiction and suits in various courts.

Section 20: Place of suing.

Section 24: Transfer of suits.

Order V: Issue and service of summons.

Order XIII: Filing of documents and examination of witnesses.

Order XIV: Framing of issues.

Order XXI: Execution of decrees.

Order XXXIX: Temporary injunctions and interlocutory orders.

Order XLI: Appeals from original decrees.

4. Important Concepts

Jurisdiction: Defines the power of a court to hear and decide a case. Includes territorial jurisdiction, pecuniary jurisdiction, and subject-matter jurisdiction.

Pleadings: Written statements filed by parties to a suit, including the plaint (filed by the plaintiff) and the written statement (filed by the defendant).

Decree: The formal expression of an adjudication by a court, which conclusively determines the rights of the parties.

Execution: The process by which a decree or order is enforced by the court.

Appeal: A legal process by which a higher court reviews the decision of a lower court.

Review: A procedure to correct errors in judgments or orders made by a court.

5. Amendments and Reforms

The CPC has undergone several amendments to address the evolving needs of civil justice and to simplify procedures.

Recent amendments focus on expediting the litigation process, improving case management, and enhancing access to justice.

6. Judicial Interpretation and Precedents

The interpretation of the CPC by the judiciary has clarified various aspects of civil procedure and has set important precedents that guide the application of the Code.

Code of Civil Procedure, 1908

Part I – Preliminary

Section 1: Short title, extent, and commencement.

Section 2: Definitions and interpretation.

Section 3: Application of the Code to Revenue Courts and Courts of Small Causes.

Section 4: Savings.

Section 5: Extension of period of limitation in certain cases.

Section 6: Suits relating to the possession of immovable property.

Part II – Suits in General

Chapter I: Institutions of Suits

Section 7: Cognizance of suits.

Section 8: Power of High Court to make rules.

Section 9: Courts to try all civil suits unless barred.

Chapter II: Execution of Decrees and Orders

Section 10: Stay of suits.

Section 11: Res judicata.

Section 12: Procedure for suits of a specific nature.

Section 13: Foreign judgments.

Section 14: Presumption as to foreign judgments.

Section 15: Place of suing.

Section 16: Suits relating to immovable property.

Section 17: Suits for specific performance.

Section 18: Suits for partition.

Section 19: Suits for accounts.

Section 20: Place of suing.

Section 21: Objections to jurisdiction.

Section 22: Power of High Court to transfer cases.

Section 23: Summons to defendants.

Section 24: Transfer of suits.

Section 25: Transfer of suits by High Court.

Section 26: Institution of suits.

Section 27: Summons.

Section 28: Appearance and non-appearance of parties.

Section 29: Procedure for hearing of suits.

Section 30: Examination of witnesses.

Section 31: Proof of documents.

Section 32: Procedure in case of settlement of issues.

Chapter III: Pleadings

Section 33: Judgments.

Section 34: Decrees.

Section 35: Costs.

Section 36: Procedure in case of judgment.

Section 37: Re-hearing of suits.

Section 38: Review of judgment.

Section 39: Appeal.

Part III – Execution of Decrees and Orders

Chapter I: Execution

Section 40: Execution of decrees and orders.

Section 41: Mode of execution.

Section 42: Transfer of decree.

Section 43: Procedure to be followed in execution.

Section 44: Effect of orders in execution.

Section 45: Procedure in case of attachment.

Chapter II: Attachment and Sale

Section 46: Attachment of property.

Section 47: Sale of property.

Section 48: Application for sale.

Part IV – Special Proceedings

Chapter I: Special Proceedings

Section 49: Order for specific performance.

Section 50: Injunctions.

Section 51: Appointment of a Commissioner.

Section 52: Procedure of commissions.

Part V – Appeals

Chapter I: Appeals from Original Decrees

Section 53: Appeals.

Section 54: Appeals from orders.

Section 55: Procedure for appeal.

Section 56: Stay of proceedings.

Section 57: Execution of orders in appeals.

Part VI – Review and Revision

Chapter I: Review

Section 58: Review of judgment.

Section 59: Revision of judgments.

Section 60: Procedure for review.

Chapter II: Revision

Section 61: Revisional jurisdiction.

Section 62: Powers of High Court in revision.

Part VII – Miscellaneous

Chapter I: Costs and Service of Process

Section 63: Costs.

Section 64: Service of process.

Section 65: Procedure for service.

Chapter II: Miscellaneous

Section 66: Power of Court to make rules.

Section 67: Review of decrees and orders.

Section 68: Other miscellaneous provisions.

Orders

The CPC is also supplemented by various orders, which provide detailed procedural rules:

Order I: Parties to Suits

Order II: Frame of Suit

Order III: Recognizance

Order IV: Issue and Service of Summons

Order V: Summons to Defendants

Order VI: Pleadings

Order VII: Plaint

Order VIII: Written Statement, Set-off, and Counterclaim

Order IX: Appearance of Parties

Order X: Examination of Parties by the Court

Order XI: Discovery and Inspection

Order XII: Admission

Order XIII: Documents

Order XIV: Issues

Order XV: Disposal of Suit at First Hearing

Order XVI: Summoning and Attendance of Witnesses

Order XVII: Adjournments

Order XVIII: Hearing of the Suit and Examination of Witnesses

Order XIX: Affidavits

Order XX: Judgment and Decree

Order XXI: Execution of Decrees

Order XXII: Death, Marriage, and Insolvency of Parties

Order XXIII: Withdrawal and Adjustment of Suits

Order XXIV: Payment into Court

Order XXV: Security for Costs

Order XXVI: Commissions

Order XXVII: Suits by or against the Government or Public Officers

Order XXVIII: Suits relating to the Admiralty and Maritime Matters

Order XXIX: Suits relating to the Court of Wards

Order XXX: Suits by and against Minors and Persons of Unsound Mind

Order XXXI: Suits by and against Executors, Administrators, and Trustees

Order XXXII: Suits by or against Partnership Firms

Order XXXIII: Suits by Indigent Persons

Order XXXIV: Suits relating to Mortgages

Order XXXV: Suits relating to Sale of Immovable Property

Order XXXVI: Suits relating to Matters of Family

Order XXXVII: Summary Procedure

Order XXXVIII: Arrest and Attachment before Judgment

Order XXXIX: Temporary Injunctions and Interlocutory Orders

Order XL: Receivers

Order XLI: Appeals from Original Decrees

Order XLII: Appeals from Orders

Order XLIII: Appeals from Orders of Lower Courts

Order XLIV: Appeals by Indigent Persons

Order XLV: Reference to the High Court

Order XLVI: References to the Supreme Court

Order XLVII: Review

Order XLVIII: Revision

Conclusion

The CPC provides a structured approach to civil litigation, ensuring that procedures are followed consistently across courts. It covers every aspect of civil suits, from initiation to execution, including special proceedings and appeals. Understanding these sections and orders is crucial for legal practitioners, litigants, and anyone involved in civil legal matters in India.