WritingLaw (Page 266)

APPEALS – PART VII, Section 96-112 of CIVIL PROCEDURE CODE (CPC) Appeals from original decrees Section 96. Appeal from original decree. (1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from everyRead…

REFERENCE, REVIEW, AND REVISION – PART VIII, Section 113-115 of CIVIL PROCEDURE CODE (CPC) Section 113. Reference to High Court. Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the HighRead…

SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER – PART IX, Section 116-120 of CIVIL PROCEDURE CODE (CPC) Section 116. Part to apply only to certain High Courts. This Part applies only to High Courts not being the Court of a Judicial Commissioner.Read…

RULES – PART X, Section 121-131 of CIVIL PROCEDURE CODE (CPC) Section 121. Effect of rules in First Schedule. The rules in First Schedule shall have effect as if enacted in the body of this Code until annulled or altered in accordance with the provisions of this Part. Section 122.Read…

MISCELLANEOUS – PART XI, Section 132-158 of CIVIL PROCEDURE CODE (CPC) Section 132. Exemption of certain women from personal appearance. (1) Women who, according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal appearance in Court. (2) NothingRead…

ORDER I of CIVIL PROCEDURE CODE (CPC) – PARTIES TO SUITS 1. Who may be joined as plaintiffs. All persons may be joined in one suit as plaintiffs where- (a) any right to relief in respect of, or arising out of, the same act or transaction or series of actsRead…

ORDER II of CIVIL PROCEDURE CODE (CPC) – FRAME OF SUIT 1. Frame of suit. Every suit shall as far as practicable be framed so as to afford ground for final decision upon the subjects in dispute and to prevent further litigation concerning them. 2. Suit to include the wholeRead…

ORDER III of CIVIL PROCEDURE CODE (CPC) – RECOGNISED AGENTS AND PLEADERS 1. Appearances, etc, may be in person, by recognised agent or by pleader. Any appearance, application or act in or to any Court, required or authorised by law to be made or done by a party in suchRead…

ORDER IV of CIVIL PROCEDURE CODE (CPC) – INSTITUTION OF SUITS 1. Suit to be commenced by plaint. (1) Every suit shall be instituted by presenting a plaint to the Court or such officer as it appoints in this behalf.  (2) Every plaint shall comply with the rules contained inRead…

ORDER V of CIVIL PROCEDURE CODE (CPC) – ISSUE AND SERVICE OF SUMMONS Issue of Summons 1. Summons. (1) When a suit has been duly instituted a summons may be issued to the defendant to appear and answer the claim on a day to be therein specified: Provided that no suchRead…

ORDER VI of CIVIL PROCEDURE CODE (CPC) – PLEADINGS GENERALLY 1. Pleading. “Pleading“, shall mean plaint or written statement. 2. Pleading to state material facts and not evidence. (1) Every pleading shall contain, and contain only a statement in a concise form of the material facts on which the partyRead…

ORDER VII of CIVIL PROCEDURE CODE (CPC) – PLAINT 1. Particulars to be contained in plaint. The plaint shall contain the following particulars- (a) the name of the Court in which the suit is brought; (b) the name, description and place of residence of the plaintiff; (c) the name, descriptionRead…

ORDER VIII of CIVIL PROCEDURE CODE (CPC) – WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM 1. Written statement. (1) The defendant shall, at or before the first hearing or within such time as the Court may permit, present a written statement of his defence. (2) Save as otherwise provided in rule 8A,Read…

ORDER IX of CIVIL PROCEDURE CODE (CPC) – APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE 1. Parties to appear on day fixed in summons for defendant to appear and answer. On the day fixed in the summons for the defendant to appear and answer, the parties shall be in attendanceRead…

ORDER X of CIVIL PROCEDURE CODE (CPC) – EXAMINATION OF PARTIES BY THE COURT 1. Ascertainment whether allegations in pleadings are admitted or denied. At the first hearing of the suit the Court shall ascertain from each party or his pleader whether he admits or denies such allegations of factRead…