CONTENTS
UNIT- I
- Preliminary
- Definitions
- Suits of Civil Nature
- Jurisdiction of the Court
- Suit of Civil Nature
- Res Sub Judice and Res-Judicata
- Foreign Judgment
- Place of Suing
Important Questions
References
UNIT- II
- Parties to Suit
- Frame of Suit
- Pleading
- Plaint
- Written Statement
- Set-off
- Counter Claim
- Suits by Indigent Persons
- Suits in Particular Cases
- Suits by or Against the Government or the Public Officers in Their Official
Capacity
- Inter Pleader Suit
Important Questions
References
UNIT- III
- Summons and Discovery, Issue of Summons
- Summoning and Attendance of Witness
- Appearance of Parties and Effect of Their Non-Appearance
- Execution of Decrees
Important Questions
References
,UNIT- IV
- Incidental Proceedings
- Commission
- Letter of Request
- Supplemental Proceedings
- Arrest before Judgment
- Attachment before Judgment
- Temporary Injunction
- Receiver
- Appeals
- Reference
- Review
- Revision
- Restitution
- Caveat
- Inherent Powers of Court
Important Questions
References
UNIT- V
- Indian Limitation Act, 1963
- Limitation of Suits, Appeals and Applications
- Effect of Sufficient Cause for not Preferring Appeals or Making Applications within the
Period of Limitation
- Legal Disability
- Continuous Running of Time
- Computation of Period of Limitation and Exclusion of Time in Legal Proceeding
- Effect of “Death”, “Fraud”, “Mistake” or “Acknowledgment in Writing”
- Acquisition of Ownership by Possession
Important Questions
Suggested Readings
References
, Strictly for Internal Circulation - KCL
UNIT - I
PRELIMINARY
Introduction: The 'Code of Civil Procedure' is a procedure law, i.e., an adjective law. The Code neither
creates nor takes away any right. It only helps in proving or implementing the 'Substantive Law'. The Code
S
contains 158 Sections and 51 Orders. The object of the Code is to consolidate (all the laws relating to the
procedure to be adopted by the Civil Courts) and amend the law relating to the procedure of Courts of Civil
Procedure. The procedural laws are always retrospective in operation unless there are good reasons to the
contrary. The reason is that no one can have a vested right in forms of procedure. The Code of Civil
U
Procedure is not retrospective in operation.- The Code is not exhaustive.
Extent, Applicability and Commencement: It extends to the whole of India, except the State of Jammu &
Kashmir, and the State of Nagaland and Tribal Areas. It also extends to the Amindivi Islands, the East
K
Godavari and Vishakhapatnam Agencies in the State of Arunachal Pradesh and the Union Territories of
Lakshadweep. The provisions of the Code have also been extended to the Schedule Areas by the
amendment Act of 1976. This Act is effective from 01 day of January 1909.
Composition of Code:
AM Body of Code
CODE OF CIVIL PROCEDURE
(Substantive Part which contains
Section 158 providing procedure)
Schedule-I
Procedural Part which contains
51 Orders and Rules
K
(Contains Model Forms of Pleadings, Processes, Decrees, Appeals, Exection Procedure etc.
The body of the Code containing sections is fundamental and cannot be amended except by the
Legislature while the First Schedule of the Code, containing Orders and Rules, can be amended by the
High Courts. The sections and Rules must be read together and harmoniously construed, but if rules are
inconsistent with the sections, the latter will prevail.
DEFINITIONS
Interpretation Clause: Some of the important words as they have been defined U/s 2 of the Code are as
under:
Section -2: In this Act, unless there is anything repugnant in the subject or context-
Section–2 (1) “Code” includes rules.
1
, Strictly for Internal Circulation - KCL
Section-2(2) "Decree" means the formal expression of an adjudication which, so far as regards the court
expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in
controversy in the suit and may be either Preliminary or final. It shall be deemed to include the rejection of a
plaint and the determination of any question within Section-144, but shall not include:-
a) any adjudication from which an appeal lies as an appeal from an order, or
b) any order for dismissal for default.
Explanation: A decree is preliminary where further proceedings have to be taken before the suit can be
completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly
preliminary and partly final.
S
Decree [Section-2 (2)] and Order [Section-2 (14)]
Essential Elements of a decree: The decision of a Court can be termed as a "decree" upon the
satisfaction of the following elements:-
I.
II.
III.
IV.
V.
U
There must be an adjudication i.
Such adjudication must have been given in a suit ii.
K
It must have determined the rights of the parties iii with regard to all or any of the matter in
controversy in the suit.
Such determination must be of a conclusive nature iv, and
There must be formal expression v of such adjudication.
dispute.
AM
a) An Adjudication: Adjudication means "the judicial determination of the matter in dispute". If there is no
judicial determination of any matter in dispute or such judicial determination is not by a Court, it is not a
decree; e.g., an order of dismissal of a suit in default for non appearance of parties, or of dismissal of an
appeal for want of prosecution are not decrees because they do not judicially deal with the matter in
b) In a Suit: Suit means a Civil proceeding instituted by the presentation of a Plaint. Thus, every suit is
K
instituted by the presentation of Plaint. Where there is no Civil suit, there is no decree; e.g., Rejection of
an application for leave to sue in forma pauper is is not a decree, because there cannot be a plaint in
such case until the application is granted.
Exception: But where in an enactment specific provisions have been made to treat the applications as
suits, then they are statutory suits and the decision given thereunder are, therefore, decrees; e.g.,
proceeding under the Indian Succession Act, the Hindu Marriage Act, the Land Acquisition Act, the
Arbitration Act, etc.
c) Rights of the parties: The adjudication must have determined the rights i.e., the substantive rights and
not merely procedural rights of the parties with regard to all or any of the matter in controversy in the suit.
"Rights of the parties" under section 2(2).
The rights of the parties inter se (between the parties) relating to status, limitation, jurisdictions, frame of
2
UNIT- I
- Preliminary
- Definitions
- Suits of Civil Nature
- Jurisdiction of the Court
- Suit of Civil Nature
- Res Sub Judice and Res-Judicata
- Foreign Judgment
- Place of Suing
Important Questions
References
UNIT- II
- Parties to Suit
- Frame of Suit
- Pleading
- Plaint
- Written Statement
- Set-off
- Counter Claim
- Suits by Indigent Persons
- Suits in Particular Cases
- Suits by or Against the Government or the Public Officers in Their Official
Capacity
- Inter Pleader Suit
Important Questions
References
UNIT- III
- Summons and Discovery, Issue of Summons
- Summoning and Attendance of Witness
- Appearance of Parties and Effect of Their Non-Appearance
- Execution of Decrees
Important Questions
References
,UNIT- IV
- Incidental Proceedings
- Commission
- Letter of Request
- Supplemental Proceedings
- Arrest before Judgment
- Attachment before Judgment
- Temporary Injunction
- Receiver
- Appeals
- Reference
- Review
- Revision
- Restitution
- Caveat
- Inherent Powers of Court
Important Questions
References
UNIT- V
- Indian Limitation Act, 1963
- Limitation of Suits, Appeals and Applications
- Effect of Sufficient Cause for not Preferring Appeals or Making Applications within the
Period of Limitation
- Legal Disability
- Continuous Running of Time
- Computation of Period of Limitation and Exclusion of Time in Legal Proceeding
- Effect of “Death”, “Fraud”, “Mistake” or “Acknowledgment in Writing”
- Acquisition of Ownership by Possession
Important Questions
Suggested Readings
References
, Strictly for Internal Circulation - KCL
UNIT - I
PRELIMINARY
Introduction: The 'Code of Civil Procedure' is a procedure law, i.e., an adjective law. The Code neither
creates nor takes away any right. It only helps in proving or implementing the 'Substantive Law'. The Code
S
contains 158 Sections and 51 Orders. The object of the Code is to consolidate (all the laws relating to the
procedure to be adopted by the Civil Courts) and amend the law relating to the procedure of Courts of Civil
Procedure. The procedural laws are always retrospective in operation unless there are good reasons to the
contrary. The reason is that no one can have a vested right in forms of procedure. The Code of Civil
U
Procedure is not retrospective in operation.- The Code is not exhaustive.
Extent, Applicability and Commencement: It extends to the whole of India, except the State of Jammu &
Kashmir, and the State of Nagaland and Tribal Areas. It also extends to the Amindivi Islands, the East
K
Godavari and Vishakhapatnam Agencies in the State of Arunachal Pradesh and the Union Territories of
Lakshadweep. The provisions of the Code have also been extended to the Schedule Areas by the
amendment Act of 1976. This Act is effective from 01 day of January 1909.
Composition of Code:
AM Body of Code
CODE OF CIVIL PROCEDURE
(Substantive Part which contains
Section 158 providing procedure)
Schedule-I
Procedural Part which contains
51 Orders and Rules
K
(Contains Model Forms of Pleadings, Processes, Decrees, Appeals, Exection Procedure etc.
The body of the Code containing sections is fundamental and cannot be amended except by the
Legislature while the First Schedule of the Code, containing Orders and Rules, can be amended by the
High Courts. The sections and Rules must be read together and harmoniously construed, but if rules are
inconsistent with the sections, the latter will prevail.
DEFINITIONS
Interpretation Clause: Some of the important words as they have been defined U/s 2 of the Code are as
under:
Section -2: In this Act, unless there is anything repugnant in the subject or context-
Section–2 (1) “Code” includes rules.
1
, Strictly for Internal Circulation - KCL
Section-2(2) "Decree" means the formal expression of an adjudication which, so far as regards the court
expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in
controversy in the suit and may be either Preliminary or final. It shall be deemed to include the rejection of a
plaint and the determination of any question within Section-144, but shall not include:-
a) any adjudication from which an appeal lies as an appeal from an order, or
b) any order for dismissal for default.
Explanation: A decree is preliminary where further proceedings have to be taken before the suit can be
completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly
preliminary and partly final.
S
Decree [Section-2 (2)] and Order [Section-2 (14)]
Essential Elements of a decree: The decision of a Court can be termed as a "decree" upon the
satisfaction of the following elements:-
I.
II.
III.
IV.
V.
U
There must be an adjudication i.
Such adjudication must have been given in a suit ii.
K
It must have determined the rights of the parties iii with regard to all or any of the matter in
controversy in the suit.
Such determination must be of a conclusive nature iv, and
There must be formal expression v of such adjudication.
dispute.
AM
a) An Adjudication: Adjudication means "the judicial determination of the matter in dispute". If there is no
judicial determination of any matter in dispute or such judicial determination is not by a Court, it is not a
decree; e.g., an order of dismissal of a suit in default for non appearance of parties, or of dismissal of an
appeal for want of prosecution are not decrees because they do not judicially deal with the matter in
b) In a Suit: Suit means a Civil proceeding instituted by the presentation of a Plaint. Thus, every suit is
K
instituted by the presentation of Plaint. Where there is no Civil suit, there is no decree; e.g., Rejection of
an application for leave to sue in forma pauper is is not a decree, because there cannot be a plaint in
such case until the application is granted.
Exception: But where in an enactment specific provisions have been made to treat the applications as
suits, then they are statutory suits and the decision given thereunder are, therefore, decrees; e.g.,
proceeding under the Indian Succession Act, the Hindu Marriage Act, the Land Acquisition Act, the
Arbitration Act, etc.
c) Rights of the parties: The adjudication must have determined the rights i.e., the substantive rights and
not merely procedural rights of the parties with regard to all or any of the matter in controversy in the suit.
"Rights of the parties" under section 2(2).
The rights of the parties inter se (between the parties) relating to status, limitation, jurisdictions, frame of
2
