CPC 1908 Made Simple Q&A
* All Sections, Orders, and Rules mentioned are from the Civil Procedure Code, 1908.
- Essentials of a suit?
- Opposing parties,
- Subject-matter in dispute,
- Cause of action, and
- Relief
- Judgment and Decree – Sections 33, Orders XX & XXI
- Judgment: Statement by the judge on the grounds of a decree or order.
- Decree: Formal expression of adjudication conclusively determining the rights of parties.
- Execution: Enforcement of a decree (Order XXI).
- What is Pleading and the fundamental rules of Pleading?
Order VI – Pleading shall mean a plaint or a written statement.
Rules
- Pleadings should state facts and not law;
- The facts stated should be material facts;
- Pleadings should not state the evidence; and
- The facts should be stated in a concise form.
- Affidavit?
- An affidavit is a declaration of facts, reduced to writing and affirmed or sworn before an officer having authority to administer oaths. Affidavits are governed by Order XIX (19).
- What is Plaint?
- Order VII (7) – It can be said to be a statement of claim, a document, by presentation of which the suit is instituted.
- Under which order and rule plaint is rejected?
- Order 7, Rule 11
- Amendment of Pleadings?
- Order VI, Rule 17
- What is a Written Statement (WS)?
- Order VIII (8) – A written statement is the pleading of the Defendant wherein he deals with every material fact alleged by the Plaintiff in his plaint and also states any new facts in his favour.
- WS filed within 30 days (extendable to 90 days) from service of summons.
- What is the cause of action?
- A bundle of essential facts, which the Plaintiff must prove before he can succeed. A cause of action is the foundation of a suit.
- Without cause of action, a plaint is liable to be rejected (Order 7 Rule 11(a)).
- Kinds of Jurisdiction?
*Section 9 CPC – Civil courts have jurisdiction unless expressly or impliedly barred.
Mainly 5 kinds
- Original and Appellate Jurisdiction
- Territorial or Local Jurisdiction
- Pecuniary Jurisdiction
- Jurisdiction as to subject-matter
- Exclusive and Concurrent Jurisdiction
- What is Res Judicata?
- S. 11 – It means that once a competent court has finally decided a matter, the same parties cannot re-litigate the same issue in any future lawsuit.
- Landmark case: Satyadhyan Ghosal v. Deorajin Debi (AIR 1960 SC 941)
- Purpose: To bring finality to litigation and avoid multiplicity of suits.
- What is an Interlocutory Order?
- Order XXXIX (39), Rules 6 to 10 – Intermediate; something that is done during the progress of a suit and before its final determination.
- Examples – temporary injunction (O.39 R.1 & 2), appointment of receiver (O.40), attachment before judgment (O.38).
- Legal notice?
- Mandatory Statutory Notice: The formal, written, prior intimation required under Section 80 before filing a suit against the Government or a Public Officer;
- Purpose – To give a Government or Public Officer an opportunity to redress the grievance before litigation.
- Under Section 80(2): The court may permit the suit without notice in urgent cases.
- Summons?
- Sections 27 to 29, Order V (5) – A Summons is a formal intimation or notice issued by the Court to the Defendant, directing him to appear before the Court and answer the claim made by the Plaintiff.
- Caveat?
- Section 148A – The Latin term “Caveat” means “let a person beware” or a warning. In the legal context, it refers to a precautionary notice filed by a person (called the Caveator) who apprehends that another party (the Applicant or Caveatee) may file an application or proceeding against them in a court.
- Validity – 90 days from the date of filing.
- Appeal?
- A formal request by an aggrieved party to a Superior Court to re-examine and revise the decision (decree/order) of a lower court on its merits (both facts and law).
- Provisions – Sec. 96-112 and Orders 41 to 45
- First Appeals or Appeals from Original Decree: Sections 96 to 99-A, Order- 41
- Second Appeals or Appeals from Appellate Decrees: Sections 100 to 103, Order- 42
- Appeals from Orders: Sections 104 to 108, Order- 43
- Appeals by Indigent Persons: O. 44
- Appeals to Supreme Court: Sections 109, 112, and Order- 45
- Before which court is a Regular Second Appeal filed?
- Under Section 100, a Regular Second Appeal is filed before the High Court.
- Filed only on a substantial question of law.
- Reference?
- S. 113 – Empowers a subordinate court to state a case and refer the same for the opinion of the High Court. only a court can refer a case either on an application of a party or suo motu.
- Purpose – To seek the opinion of the High Court on a question of law or the validity of an Act, ordinance, or regulation.
- Review?
- S. 114, O. 47 – A request by an aggrieved party to the Same Court that passed the decree/order to reconsider its own decision to correct an error that is apparent on the face of the record or due to the discovery of new evidence.
- Purpose – To correct an error apparent on the face of the record or consider newly discovered evidence.
- Revision?
- S. 115 – The High Court has only power.
- Filed by the Aggrieved party or the High Court may even suo motu.
- Purpose – To ensure that subordinate courts act within their jurisdiction and follow legal principles.
Reference
- Code of Civil Procedure Bare Act, Professional Book Publishers, 2024 edition.
- C.K. Takwani, Civil Procedure, Limitation, and Commercial Courts, 2024, Tenth Edition.
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