Order 7, Rule 11 CPC
11. Rejection of plaint. The plaint shall be rejected in the following cases: (a) where it does not disclose a cause of action; (b) whereRead More →
11. Rejection of plaint. The plaint shall be rejected in the following cases: (a) where it does not disclose a cause of action; (b) whereRead More →
Civil Procedure Code, 1908 PDF Download. The CPC PDF is updated. It is systematic, colourful and perfect for all devices.Read More →
In this law note, you will learn about written statement under the Code of Civil Procedure, who may file it, its time limit, and the rules.Read More →
Legal representative is a person who, in law, represents the estate of the deceased person. This CPC post tells you more about it.Read More →
Read about second appeal, uncovering the nuances, significance, and procedures that define this crucial stage in the Indian legal system.Read More →
The word ‘plaint’ is not defined under the Code of Civil Procedure. But it can be defined as pleadings of the plaintiff. Here’s more on it.Read More →
Learn about the important concept of the ‘Doctrine of Res Sub Judice’ or ‘Stay of Suits’ under the Civil Procedure Code of 1908.Read More →
Reference means to refer an issue to someone to obtain an opinion on it. Review means to look after a thing again. Revision means to revise the matter.Read More →
In this law post, you will read about interlocutory orders provided under Order 39 from Rule 6 to Rule 10 of the Civil Procedure Code (CPC).Read More →
Here is the full list of important Sections and Orders of CPC for all law exams. Section 2. Definitions. Section 6. Pecuniary jurisdiction.Read More →
In this law article, you will learn about the doctrine of res judicata under the Indian Civil Procedure Code of 1908.Read More →
This CPC law note tells you the meaning of foreign judgement and when a foreign judgement is not enforceable in India.Read More →
This CPC law note tells you about second appeals as per sections 100 to 103 and Order 42 of the Civil Procedure Code, 1908.Read More →
This CPC law note tells you about first appeal (civil appeal) as per the Civil Procedure Code, 1908, with requirements, procedure, and more.Read More →
Order 5 and sections 27 to 29 of the Civil Procedure Code deal with summons under civil litigation. This CPC law note tells you more.Read More →
This CPC law note tells you about the inherent powers of the court which may be exercised by the court to do complete justice between the parties. Read More →
This law note deals with delays in civil litigation, the dangers caused by it, the reasons for the delay, and the suggestions to fix this.Read More →
Order 1 Rule 8 of the Civil Procedure Code deals with representative suits. This law note tells you more about it and its essentials.Read More →
In interpleader suit, the actual dispute isn’t between the plaintiff and the defendant but between the defendant who interpleads against each other.Read More →
Doctrine of restitution means restoring to one party the benefit that the other party received under a decree that was later found to be incorrect.Read More →
Caveat is a request made to the court that no order in a proceeding may be passed without hearing the person filing the caveat.Read More →
This law note tells you the rights and safeguards of an arrested person under the Indian Constitution and CrPC. Plus, the Supreme Court Guidelines.Read More →
So let us get right in and learn about the various types of court orders under the Civil Procedure Code in India.
1. Interlocutory Orders.
2. Permanent Orders.
3. Mandatory Orders.
4. Final Order.
5. Speaking Order.
6. Non-Speaking Order.
7. Anton Pillar Orders.
8. Remand Order.Read More →
Many people during their investments in their lifetime get misled that nominees are real owners, and it often creates confusion due to the regular usage of the word.
The dictionary meaning of the word represents a person who has been officially suggested for a position.
Strictly speaking, a nominee is an act of officially suggesting a person to take care of the properties after death and later pass it on to the legal heirs.Read More →
In the suit, if the principal question relates to the determination of a civil right, then the suit is of a civil nature.Read More →
WHO IS AN INDIGENT PERSON?
Poor, Penniless, Pauper.
Order XXXIII of Civil Procedure Code provides remedy to those who need to institute a suit for enforcement of their rights but are so poor that they cannot afford expenses on court fee etc.
The object behind this order is that poverty should not come in way of getting justice.Read More →
(1) In the case of Res Sub Judice, there must be two suits, one of which should be previously instituted.
In Res Judicata the motive is that ‘there must be an end to litigation.ʼ Thus, there is a bar on trial that has already been adjudicated. In simpler terms, a matter that has previously been decided is not put to trial again. This saves the precious time of our already overburdened and resource-less courts.Read More →
Pleading is the foundation of litigation. Pleading has been dealt with in Order 6 of the Civil Procedure Code. Order 6 Rule 1 of CPC defines pleadings as plaint or written statement.
The word ‘plaint’ is undefined in the code. However, it can be said to be the statement of claim – a document that contains the material fact by the presentation of which a suit is instituted in the court of law.Read More →
A foreign judgement is a judgement that is adjudicated by a court not situated in the territory of India. This law note tells you all about it.Read More →
Section 2(9) of the Civil Procedure Code, 1908, defines judgement as a ground for determination.
A decree is the formal expression of an adjudication. It is a formal expression of judgement in a suit. A decree implies that a suit has been completely disposed of.Read More →
The Civil Procedure Code, 1908, is a procedural law. Whenever there is a violation of a person’s civil rights, then the procedure file case in the court and proceedings are regulated by the Civil Procedure Code. There are a total of 158 sections and 51 orders in this code.
Key Words of the Civil Procedure Code
1. Adjudication- To adjudicate means to decide on a matter or issue in controversy by a competent authority.Read More →
Every court has its own jurisdiction to decide or conclude a case. Jurisdiction means that which court has the authority or power to decide a case.
Jurisdiction can be categorized into three heads. They are:-
1. Subject matter jurisdiction
2. Pecuniary jurisdiction
3. Territorial jurisdictionRead More →
At any stage of proceedings, the court may allow the plaintiff or defendant to amend his pleadings. The amendment to pleadings shall be made necessary if it determines the real questions in controversy among parties.
The amendments made under Order VI, Rule 17, are voluntary amendments for ratifying one’s own error or default.Read More →
Order II of the Civil Procedure Code deals with the framing of suit. It lays down the rules as to how a suit should be framed.
While drafting a plaint, the plaintiff must draft his plaint in such a way that includes all the important assertions and the claims that the plaintiff wishes to put before the court.Read More →
An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate andRead More →
SUITS IN GENERAL – PART I – SECTION 9-35B – CPC Jurisdiction of the Courts and Res-judicata Section 9. Courts to try all civil suitsRead More →
EXECUTION – PART II – Section 36 to 74 – CIVIL PROCEDURE CODE (CPC) General Section 36. Application to orders. The provisions of this CodeRead More →
INCIDENTAL PROCEEDINGS – PART III, Section 75-78 of CIVIL PROCEDURE CODE (CPC) Commissions Section 75. Power of court to issue commissions. Subject to such conditionsRead More →
SUITS IN PARTICULAR CASES – PART IV, Section 79 to 88 of CIVIL PROCEDURE CODE (CPC) Suits by or against the Government or public officersRead More →
SPECIAL PROCEEDINGS – PART V, Section 89-93 of CIVIL PROCEDURE CODE (CPC) Arbitration Section 89. [Arbitration] Rep. by the Arbitration Act, 1940 (10 of 1940),Read More →
SUPPLEMENTAL PROCEEDINGS – PART VI, Section 94-95 of CIVIL PROCEDURE CODE (CPC) Section 94. Supplemental Proceedings. In order to prevent the ends of justice fromRead More →
APPEALS – PART VII, Section 96-112 of CIVIL PROCEDURE CODE (CPC) Appeals from original decrees Section 96. Appeal from original decree. (1) Save where otherwiseRead More →
REFERENCE, REVIEW, AND REVISION – PART VIII, Section 113-115 of CIVIL PROCEDURE CODE (CPC) Section 113. Reference to High Court. Subject to such conditions andRead More →
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)Read More →
RULES – PART X, Section 121-131 of CIVIL PROCEDURE CODE (CPC) Section 121. Effect of rules in First Schedule. The rules in First Schedule shallRead More →
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 theRead More →
ORDER I of CIVIL PROCEDURE CODE (CPC) – PARTIES TO SUITS 1. Who may be joined as plaintiffs. All persons may be joined in oneRead More →
ORDER II of CIVIL PROCEDURE CODE (CPC) – FRAME OF SUIT 1. Frame of suit. Every suit shall as far as practicable be framed soRead More →
ORDER III of CIVIL PROCEDURE CODE (CPC) – RECOGNISED AGENTS AND PLEADERS 1. Appearances, etc, may be in person, by recognised agent or by pleader.Read More →
ORDER IV of CIVIL PROCEDURE CODE (CPC) – INSTITUTION OF SUITS 1. Suit to be commenced by plaint. (1) Every suit shall be instituted byRead More →
1. Consolidation of suits and proceedings.
When two or more suits or proceedings are pending in the same Court, and the Court is of opinion that it is expedient in the interest of justice, it may by order direct their joint trial, where upon all such suits and proceedings may be decided upon the evidence in all or any of such suits or proceedings.Read More →
ORDER V of CIVIL PROCEDURE CODE (CPC) – ISSUE AND SERVICE OF SUMMONS Issue of Summons 1. Summons. (1) When a suit has been duly institutedRead More →
ORDER VI of CIVIL PROCEDURE CODE (CPC) – PLEADINGS GENERALLY 1. Pleading. “Pleading“, shall mean plaint or written statement. 2. Pleading to state material factsRead More →
ORDER VII of CIVIL PROCEDURE CODE (CPC) – PLAINT 1. Particulars to be contained in plaint. The plaint shall contain the following particulars- (a) theRead More →
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 firstRead More →
ORDER IX of CIVIL PROCEDURE CODE (CPC) – APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE 1. Parties to appear on day fixed in summons forRead More →
ORDER X of CIVIL PROCEDURE CODE (CPC) – EXAMINATION OF PARTIES BY THE COURT 1. Ascertainment whether allegations in pleadings are admitted or denied. AtRead More →
ORDER XI of CIVIL PROCEDURE CODE (CPC) – DISCOVERY AND INSPECTION 1. Discovery by interrogatories. In any suit the plaintiff or defendant by leave ofRead More →
ORDER XII of CIVIL PROCEDURE CODE (CPC) – ADMISSION 1. Notice of admission of case. Any party to a suit may give notice, by hisRead More →
ORDER XIII of CIVIL PROCEDURE CODE (CPC) – PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS 1. Documentary evidence to be produced at or before the settlementRead More →
ORDER XIV of CIVIL PROCEDURE CODE (CPC) – SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON 1.Read More →
ORDER XV of CIVIL PROCEDURE CODE (CPC) – DISPOSAL OF THE SUIT AT THE FIRST HEARING 1. Parties not at issue. Where at the firstRead More →
ORDER XVI of CIVIL PROCEDURE CODE (CPC) – SUMMONING AND ATTENDANCE OF WITNESSES 1. List of witnesses and summons to witnesses. (1) On or beforeRead More →
ORDER XVIA of CIVIL PROCEDURE CODE (CPC) – ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS 1. Definitions. In this Order- (a) “detained” includes detainedRead More →
ORDER XVII of CIVIL PROCEDURE CODE (CPC) – ADJOURNMENTS 1. Court may grant time and adjourn hearing. (1) The Court may, if sufficient cause isRead More →
ORDER XVIII of CIVIL PROCEDURE CODE (CPC) – HEARING OF THE SUIT AND EXAMINATION OF WITNESSES 1. Right to begin. The plaintiff has the rightRead More →
ORDER XIX of CIVIL PROCEDURE CODE (CPC) – AFFIDAVITS 1. Power to order any point to be proved by affidavit. Any Court may at anyRead More →
ORDER XX of CIVIL PROCEDURE CODE (CPC) – JUDGMENT AND DECREE 1. Judgment when pronounced. (1) The Court, after the case has been shall pronounceRead More →
ORDER XXA of CIVIL PROCEDURE CODE (CPC) – COSTS 1. Provisions relating to certain items. Without prejudice to the generality of the provisions of thisRead More →
ORDER XXI of CIVIL PROCEDURE CODE (CPC) – EXECUTION OF DECREES AND ORDERS Payment under decree. 1. Modes of paying money under decree. (1) AllRead More →
Arrest and detention in the civil prison. 37. Discretionary power to permit judgment debtor to show cause against detention in prison. (1) Notwithstanding anything inRead More →
Adjudication of claims and objections. 58. Adjudication of claims to, or objections to attachment of, property. (1) Where any claim is preferred to, or anyRead More →
ORDER XXII of CIVIL PROCEDURE CODE (CPC) – DEATH, MARRIAGE AND INSOLVENCY OF PARTIES 1. No abatement by party’s death if right to sue survives.Read More →
ORDER XXIII of CIVIL PROCEDURE CODE (CPC) – WITHDRAWAL AND ADJUSTMENT OF SUITS 1. Withdrawal of suit or abandonment of part of claim. (1) AtRead More →
ORDER XXIV of CIVIL PROCEDURE CODE (CPC) – PAYMENT INTO COURT 1. Deposit by defendant of amount in satisfaction of claim. The defendant in anyRead More →
ORDER XXV of CIVIL PROCEDURE CODE (CPC) – SECURITY FOR COSTS 1. When security for costs may be required from plaintiff. (1) At any stageRead More →
ORDER XXVI of CIVIL PROCEDURE CODE (CPC) – COMMISSIONS Commissions to examine witnesses. 1. Cases in which Court may issue commission to examine witness. AnyRead More →
ORDER XXVII of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY 1. Suits by orRead More →
ORDER XXVIIA of CIVIL PROCEDURE CODE (CPC) – SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TORead More →
ORDER XXVIII of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN 1. Officers, soldiers, sailors or airmen whoRead More →
ORDER XXIX of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST CORPORATIONS 1. Subscription and verification of pleading. In suits by or against aRead More →
ORDER XXX of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN 1.Read More →
ORDER XXXI of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS 1. Representation of beneficiaries in suits concerning property vestedRead More →
ORDER XXXII of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND 1. Minor to sue by next friend.Read More →
ORDER XXXIIA of CIVIL PROCEDURE CODE (CPC) – SUITS RELATING TO MATTERS CONCERNING THE FAMILY 1. Application of the Order. (1) The provision of thisRead More →
ORDER XXXIII of CIVIL PROCEDURE CODE (CPC) – SUITS BY INDIGENT PERSONS 1. Suits may be instituted by indigent person. Subject to the following provisions,Read More →
ORDER XXXIV of CIVIL PROCEDURE CODE (CPC) – SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY 1. Parties to suits for foreclosure sale and redemption. SubjectRead More →
ORDER XXXV of CIVIL PROCEDURE CODE (CPC) – INTERPLEADER 1. Plaint in interpleader-suit. In every suit of interpleader the plaint shall, in addition to theRead More →
ORDER XXXVI of CIVIL PROCEDURE CODE (CPC) – SPECIAL CASE 1. Power to state case for Court’s opinion. (1) Parties claiming to be interested inRead More →
ORDER XXXVII of CIVIL PROCEDURE CODE (CPC) – SUMMARY PROCEDURE 1. Courts and classes of suits to which the Order is to apply. (1) ThisRead More →
ORDER XXXVIII of CIVIL PROCEDURE CODE (CPC) – ARREST AND ATTACHMENT BEFORE JUDGEMENT Arrest before judgment 1. Where defendant may be called upon to furnishRead More →
ORDER XXXIX of CIVIL PROCEDURE CODE (CPC) – TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS. Temporary injunctions. 1. Cases in which temporary injunction may be granted. WhereRead More →
ORDER XL of CIVIL PROCEDURE CODE (CPC) – APPOINTMENT OF RECEIVERS. 1. Appointment of receivers. (1) Where it appears to the Court to be justRead More →
ORDER XLI of CIVIL PROCEDURE CODE (CPC) – APPEALS FROM ORIGINAL DECREES 1. Form of appeal. What to accompany memorandum. (1) Every appeal shall beRead More →
ORDER XLII of CIVIL PROCEDURE CODE (CPC) – APPEALS FROM APPELLATE DECREES 1. Procedure. The rules of Order XLI shall apply, so far as mayRead More →
ORDER XLIII of CIVIL PROCEDURE CODE (CPC) – APPEALS FROM ORDERS 1. Appeal from orders. An appeal shall lie from the following orders under theRead More →
ORDER XLIV of CIVIL PROCEDURE CODE (CPC) – APPEALS BY INDIGENT PERSONS 1. Who may appeal as an indigent person. Any person entitled to preferRead More →
ORDER XLV of CIVIL PROCEDURE CODE (CPC) – APPEALS TO THE SUPREME COURT 1. “Decree” defined. In this Order, unless there is something repugnant inRead More →
ORDER 46 of CIVIL PROCEDURE CODE (CPC) – REFERENCE. 1. Reference of question to High Court. Where, before or on the hearing of a suitRead More →
ORDER XLVII of CIVIL PROCEDURE CODE (CPC) – REVIEW. 1. Application for review of judgment. (1) Any person considering himself aggrieved- (a) by a decreeRead More →
ORDER XLVIII of CIVIL PROCEDURE CODE (CPC) – MISCELLANEOUS. 1. Process to be served at expense of party issuing. (1) Every process issued under thisRead More →
ORDER XLIX of CIVIL PROCEDURE CODE (CPC) – CHARTERED HIGH COURTS. 1. Who may serve processes of High Court. Notice to produce documents, summonses toRead More →
ORDER L of CIVIL PROCEDURE CODE (CPC) – PROVINCIAL SMALL CAUSE COURTS. 1. Provincial Small Cause Courts. The provisions hereinafter specified shall not extend toRead More →
ORDER LI of CIVIL PROCEDURE CODE (CPC) – PRESIDENCY SMALL CAUSE COURTS. 1. Presidency Small Cause Courts. Save as provided in rules 22 and 23Read More →
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