Code Of Civil Procedure 1908
Code of Civil Procedure, 1908 (CPC) – Detailed Section-wise Breakdown
The Code of Civil Procedure, 1908 (CPC) governs the procedure for filing, hearing, and disposal of civil cases in India. It consists of two parts:
- Sections (1-158): General principles and legal framework.
- Schedules (Order 1 to Order 51): Detailed procedural rules for courts.
Part 1: Sections (1-158)
Chapter 1: Preliminary (Sections 1-8)
- Section 1: Short title, extent, and commencement.
- Section 2: Definitions of key terms such as decree, judgment, mesne profits, order, suit, public officer, etc.
- Section 3-4: Hierarchy and establishment of civil courts.
- Section 5-8: Jurisdiction and powers of High Courts.
Chapter 2: Jurisdiction of Courts and Res Judicata (Sections 9-14)
Jurisdiction of Civil Courts
- Section 9: Courts have jurisdiction in all civil matters unless barred by law.
- Section 10: Stay of suit (Res Sub Judice) – If a case is already pending in another court, a new suit on the same issue cannot be filed.
- Section 11: Res Judicata – Once a matter has been decided by a competent court, it cannot be re-litigated.
- Section 12: Bar on fresh suits on the same cause of action.
- Section 13-14: Recognizing foreign judgments in India.
Case Law: Daryao v. State of UP (1962) – Supreme Court upheld the principle of Res Judicata in writ petitions.
Chapter 3: Place of Suing (Sections 15-25)
- Section 15: Suit must be filed in the lowest competent court.
- Section 16: Property-related suits should be filed where the property is located.
- Section 20: Suits against individuals can be filed where the defendant resides or conducts business.
- Section 22-25: Transfer of suits between courts.
Chapter 4: Institution of Suits and Pleadings (Sections 26-35B)
- Section 26: Filing a Suit – Every suit must be filed with a plaint (legal complaint).
- Section 27-29: Summons to defendants (Notice issued to defendants to appear).
- Section 30: Court’s power to order discovery, inspection, and production of documents.
- Section 34: Interest on decrees (Court can award interest on compensation).
- Section 35: Costs – Courts may order losing parties to pay litigation costs.
Chapter 5: Interim Orders (Sections 36-74)
Temporary Relief Measures
- Section 36-37: Execution of decrees by the court.
- Section 39: Transfer of decree for execution in another jurisdiction.
- Section 51: Court can order attachment of property, arrest, detention, or appointment of receivers.
- Section 60: Exemptions from attachment – Certain properties (like personal necessities) cannot be attached.
Injunctions and Stays
- Section 94: Courts can issue temporary injunctions and appoint receivers.
- Section 95: Compensation for obtaining a wrongful injunction.
Case Law: K.K. Velusamy v. N. Palanisamy (2011) – Court reaffirmed that interim injunctions should be granted based on strong prima facie evidence.
Chapter 6: Appeals (Sections 96-112)
- Section 96: First Appeal – If dissatisfied with a judgment, an appeal can be filed in a higher court.
- Section 100: Second Appeal – Allowed only for substantial legal questions.
- Section 109-112: Appeals to Supreme Court for constitutional issues.
Case Law: Narendra v. K. Meena (2016) – Supreme Court ruled that continuous cruelty in marriage is valid ground for divorce under CPC.
Chapter 7: Review, Reference, and Revision (Sections 113-115)
- Section 113: Reference to High Court for constitutional issues.
- Section 114: Review petition allowed if new evidence or mistakes are found.
- Section 115: Revision – Higher courts can correct jurisdictional errors in lower courts.
Chapter 8: Special Proceedings (Sections 141-153)
- Section 141: CPC applies to all proceedings in civil courts unless specifically excluded.
- Section 144: Restitution – If a decree is overturned, the benefits must be returned.
- Section 151: Inherent Powers of Courts to do justice in absence of specific provisions.
- Section 152-153: Correction of clerical errors in judgments.
Case Law: Manohar Lal Chopra v. Seth Hiralal (1962) – Supreme Court held that inherent powers under Section 151 CPC can be used to issue injunctions.
Part 2: Schedules (Orders 1 to 51)
Key Procedural Rules
Order 1: Parties to the Suit
- Joinder, misjoinder, and substitution of parties.
Order 2: Framing of Suits
- All claims arising from the same cause of action should be included in one suit.
Order 5: Issue of Summons
- Defendant must be served within 30 days.
Order 6: Pleadings
- Plaint and written statement must contain only material facts.
Order 7: Plaint (Complaint)
- Essentials: Name of parties, cause of action, relief sought, court fees, etc.
Order 8: Written Statement (Defense)
- Defendant must reply within 30 days, extendable to 90 days with court permission.
Order 9: Ex-Parte Decree
- If the defendant does not appear, court may pass an ex-parte decree.
Order 11: Discovery and Inspection
- Parties can ask for documents, interrogatories, and evidence.
Order 21: Execution of Decrees
- Modes of execution: Attachment of property, arrest, or sale of assets.
Order 39: Temporary Injunctions
- Injunctions granted to preserve status quo.
Order 41-45: Appeals
- Process of filing first and second appeals.
Comparison: CPC vs CrPC
| Aspect | CPC (Civil Procedure Code, 1908) | CrPC (Criminal Procedure Code, 1973) |
|---|---|---|
| Purpose | Regulates civil disputes (property, contracts, family matters). | Regulates criminal cases (theft, assault, murder, etc.). |
| Parties | Plaintiff vs. Defendant | State vs. Accused |
| Punishment | Compensation, injunctions, or declaratory relief | Fines, imprisonment, or death penalty |
| Bail | Not applicable | Bail provisions under Sections 436-439 CrPC |
| Appeals | Allowed in civil suits | Allowed in criminal cases |
Conclusion
The Code of Civil Procedure, 1908 (CPC) provides a structured legal process for resolving civil disputes efficiently. It ensures fair trial procedures, appeal mechanisms, and execution of court orders.
Would you like a sample draft of a plaint, injunction, or appeal under CPC? 😊
