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Important Notes of CPC (Civil Procedure Code) for Judiciary-PCSJ-Law

The Civil Procedure Code (CPC) is a crucial law that governs civil litigation in India. It provides the procedural framework..

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.


Definitions (Sec. 2)

Decree, Judgement, Order


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


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


Necessary Contents of A Plaint

Important Concepts

Res Sub-Judice and Res Judicata (Sec. 10,11)

Nature, Scope and Objective


Where the matter in issue is same


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


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


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


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


General Provisions relating to Appeals (Section 107,108)

Reference to High Court (Section 113; Order 46)

Nature and scope


Who may apply?

Power and duty of referring court

Power and duty of the High Court

Article 228 and Section 113

Procedure at hearing


Review (Section 114; Order 47)





Revision (Section 115)


Nature, Scope and Object

Who may file?

Conditions for Revision


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

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