The Civil Procedure Code (CPC) is a crucial law that governs civil litigation in India. It provides the procedural framework for conducting civil cases in courts, and it is an essential subject for judiciary aspirants and law students. Here are some reasons why the CPC is important for both:
The CPC provides the procedural rules for filing, hearing, and adjudicating civil cases in courts. As a judiciary aspirant or a law student, it is essential to have a thorough understanding of these procedural laws. A sound knowledge of CPC helps aspiring judges and lawyers to understand the legal procedures and technicalities involved in civil litigation.
The CPC lays down the procedure for conducting civil cases in courts. It is important for the judges to have a sound knowledge of CPC to ensure that they follow the correct procedure during the trials. A thorough understanding of CPC helps judges to avoid procedural errors, which can lead to the dismissal of a case or injustice to the parties involved.
CPC provides for various safeguards to protect the rights of the parties involved in civil cases, such as the right to be heard, the right to legal representation, and the right to appeal. It is important for judges and lawyers to be aware of these safeguards and ensure that they are upheld during the trial.
Judges and lawyers are responsible for interpreting and applying the law while delivering judgments. A sound knowledge of CPC helps judges and lawyers to interpret the law correctly and apply it in a just and fair manner.
Finally , the Civil Procedure Code (CPC) is a crucial law for Judiciary aspirants and law students. A sound knowledge of CPC provides aspiring judges and lawyers with the necessary skills and technical expertise to succeed in their careers. It also helps to ensure that the justice delivery system operates efficiently and effectively, and that justice is delivered to the parties involved in civil cases. Therefore, it is essential for aspiring judges and lawyers to have a thorough understanding of CPC.
Index
Definitions (Sec. 2)
Decree, Judgement, Order
Decree
Deemed Decree
Kinds of Decrees
Preliminary Decree
Final Decree
Partly preliminary and partly final Decree
The necessity of a Decree
Contents of a Decree
Drawing up of a Decree
Decrees in Special cases
Judgement
Pronouncement of a judgement
Copy of the judgement
Contents of the judgement
Alteration of a judgement
Foreign Court, Foreign Judgement (Sec. 13)
Nature and Scope of Foreign Judgments
Object of Recognizing Foreign Judgments
Jurisdiction of Foreign Courts
Presumption as to foreign judgments
Conclusiveness of Foreign Judgments
Foreign Judgment not by a competent court
Foreign Judgments not on Merits
Foreign Judgments against International or Indian Law
Foreign Judgments opposed to the principle of Natural Justice
Foreign judgment obtained by fraud
Foreign Judgments founded on breach of Indian Law
Enforcement of Foreign Judgments
Foreign Award
Effect of Foreign Judgment
Limitation period for Enforcement of Foreign Judgments
Other definitions: Affidavit, Suit, Plaint, Written Statement
Affidavits – Order 19
Evidence on affidavit
False affidavit
Meaning of suit
Plaint
Necessary Contents of A Plaint
Important Concepts
Res Sub-Judice and Res Judicata (Sec. 10,11)
Nature, Scope and Objective
Conditions
Where the matter in issue is same
Test
Suit pending in foreign court
Inherent power to stay
Consolidation of suits
Effect of contravention
Interim orders
Res Judicata meaning
Principle of Res Judicata
Prerequisites for Res Judicata
Nature and Scope of Res Judicata
Rationale
Failure to Apply
Doctrine of Res Judicata
Constructive Res Judicata
Res Judicata and Estoppel
Res judicata and Res Subjudice
Res judicata and Issue Estoppel
Res Judicata and Stare Decisis
What is Res Judicata and Collateral Estoppel?
Res Judicata landmark cases
Res Judicata landmark cases in India
Exceptions to res judicata
Can Res Judicata be waived?
How to defeat Res Judicata?
Criticism to Res Judicata
Restitution (Sec. 144)
Doctrine of restitution
Conditions
Who may apply?
Who may grant restitution?
What remedies can the court can grant?
Nature of proceeding
Extent of restitution
Inherent power to grant restitution
Bar of Suit
Caveat (Sec. 148A)
Meaning of Caveat
When to lodge a Caveat?
Who may lodge a caveat?
Where can a caveat be lodged?
How to file a caveat?
What does a caveat contain?
Right and duties
Rights and duties of the caveator
Rights and duties of court
Rights and duties of the applicant
Limitation of time
Common mistakes made while filing a caveat
Inherent power of Courts (sec – 148-153B)
Enlargement of time
Payment of court fees
Transfer of business
Section 151 of CPC
Ends of justice
Abuse of process of the court
Limitation
Execution of Judgement and Decree (Order 21)
Meaning, Nature and Scope
Execution proceedings under CPC
Courts which can execute decrees
Transfer of decree for execution
Execution of foreign decrees in India
What is a foreign judgment and a foreign decree?
Foreign judgment or decree needs to be conclusive
Mode of enforcement of a foreign judgment or decree
Execution of foreign decree of a reciprocating territory in India
Execution in case of decrees from non-reciprocating territories
Execution of Indian decrees in a foreign territory
Execution of decree at more than one place
Procedure in execution
Section 51
Mode of executing decree
Execution by appointing a receiver
Section 52
Section 53
Section 54
Powers of the transferor court
Powers of the transferee court
Powers of executing court
Mode of executing a decree
Execution by appointing a receiver.
Jurisdiction and Place of Suing (Sec. 15 to 20)
Meaning of jurisdiction
Jurisdiction of Civil Court (Section 9)
Pecuniary jurisdiction ( Section 15)
Territorial Jurisdiction (Section 16 to 20)
Institution of Suit (Sec. 26)
Pleadings: (Order 6)
What are the Pleadings?
What rules to be followed while drafting of pleadings?
In which stage of civil suit pleading can be amended?
Why do courts allow amendment of Pleadings?
What can be amended in pleading?
Can the pleadings be amended if the suit is debarred by the Limitation Act
Why is Order 6 Rule 17 criticized?
What happens when an applicant fails to amend in a prescribed time?
Plaint and Written Statement (Order 7,8)
Necessary Contents of A Plaint
Rejection of plaint
Provisions on the Rejection of Plaint under C.P.C.
Landmark Cases on Rejection of Plaint
Appearance and Non-Appearance of Parties (Order 9)
Appearance of defendant
Does the same provision apply to the non-appearance of the plaintiff due to death?
Application to set aside the dismissal
When summon is not served
Ex parte appearance
Remedies against an ex-parte decree
Setting aside an ex-parte decree
Sufficient Cause
Commissions (Sec. 75 to 78 Order 26)
Who can be appointed as a commissioner?
What is the procedure for appointment of commissioner?
When can a commissioner be appointed by the Court?
Powers of the commissioner: Order 26 Rule 16-18
Whether the commissioner will be entitled to a Remuneration?
What are the limitations on the commissioner?
Receiver (Order 40)
What is the purpose of the appointment of a receiver?
What is the role of a receiver?
Who can appoint a receiver?
How does the court decide whether to appoint a receiver or not?
Who can apply for the appointment of the receiver?
Who can be appointed as a receiver?
When can a receiver be appointed?
What is the process of appointment of a receiver?
What are the powers of the receiver?
What are the duties of the receiver?
What are the liabilities of a receiver?
Will a receiver be entitled to remuneration?
Temporary Injunctions (Order 39)
Summary Procedure (Order 37)
What is a bill of exchange?
Promissory notes
Institution of summary suits
Contents of plaint for summary procedure
Detailed procedures
Can a summary suit be tried after the institution of an ordinary suit on the same cause of action?
Setting aside decree in summary suits
Appeals from Original Decree ( Section 96 to 99A; Order 41)
Essentials of appealing cases
Right to appeal
One right to appeal
No right to appeal
First appeal
Who may appeal?
Appeal by one plaintiff against another plaintiff
Appeal by one defendant against another defendant
Who cannot appeal?
The appeal against ex parte decree
No appeal against consent decree
No appeal in petty cases
The appeal against Preliminary Decree
The appeal against a dead person
Forms of appeal
Forum of appeal
Appeals from Appellate Decrees (Section 100; Order 42)
Nature and Scope
Nature of the second appeal
Scope of the Second Appeal
Cases Laws
The substantial question of law
No letters patent appeal
Forum of the second appeal
Appeal from order
Appeal from Appellate decree
Appeal to the Supreme Court
Grounds of Appeal
Power of High Court to decide the issue of fact
Procedure at hearing
After hearing the appeal the appellate court may-
Document to be submitted with the appeal
Pending appeals
Cases
General Provisions relating to Appeals (Section 107,108)
Reference to High Court (Section 113; Order 46)
Nature and scope
Conditions
Who may apply?
Power and duty of referring court
Power and duty of the High Court
Article 228 and Section 113
Procedure at hearing
Costs
Review (Section 114; Order 47)
ORDER XLVII
CONDITIONS FOR APPLICABILITY
WHO CAN FILE A “REVIEW”
GROUNDS FOR REVIEW:
Revision (Section 115)
Meaning
Nature, Scope and Object
Who may file?
Conditions for Revision
Precedents
No appeal lies
Jurisdictional error
Subordinate court
Alternative remedy
Limitations on revisional jurisdiction
Suo moto exercise of power
Interlocutory Orders
Death of Applicant
Doctrine of Merger
Procedure of Revision
Recording of Reasons
Letters Patent Appeal
Conversion of Revision into Appeal
Law commission’s view on Revision
Case laws
BrijlalRamjidas v. GovindramGordhandasSeksaria(Judgement)
Neeta vs. Shiv Dayal Kapoor &Others(Res sub-judice)
Lowe v. Haggerty(Res judicata)
Official Trustee vs SachindraNath(Jurisdiction and place of suing)
Annapoorani Ammal vs G.Thangapolam(Appeals from Appellate Decree)
A Sreenivasa Rao and Ors v. Govt of AndraPradesh(Reference to High Court)
Read more: Important Notes Of Cr.PC (Criminal Procedure Code) For Law -Judiciary-PCS-J
Civil Procedure Code,Civil Procedure Code,Civil Procedure Code
