Civil Procedure Code (CPC) Notes

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Code of Civil Procedure, 1908 — Complete Master Topic List

A. CPC Sections

Provision – Topic
Section 1 – Short Title, Commencement and Extent
Section 2 – Definitions
Section 2(1) – Code
Section 2(2) – Decree
Section 2(3) – Decree-Holder
Section 2(4) – District
Section 2(5) – Foreign Court
Section 2(6) – Foreign Judgment
Section 2(7) – Government Pleader
Section 2(8) – Judge
Section 2(9) – Judgment
Section 2(10) – Judgment-Debtor
Section 2(11) – Legal Representative
Section 2(12) – Mesne Profits
Section 2(13) – Movable Property
Section 2(14) – Order
Section 3 – Subordination of Courts
Section 4 – Savings
Section 5 – Application to Revenue Courts
Section 6 – Pecuniary Jurisdiction
Section 7 – Provincial Small Cause Courts
Section 8 – Presidency Small Cause Courts
Section 9 – Courts to Try All Civil Suits Unless Barred
Section 10 – Stay of Suit / Res Sub Judice
Section 11 – Res Judicata
Section 11, Explanation I – Former Suit
Section 11, Explanation II – Competence of Court
Section 11, Explanation III – Matter Alleged and Denied
Section 11, Explanation IV – Constructive Res Judicata
Section 11, Explanation V – Relief Claimed and Not Granted
Section 11, Explanation VI – Representative Litigation
Section 11, Explanation VII – Execution Proceedings
Section 11, Explanation VIII – Limited Jurisdiction Courts
Section 12 – Bar to Further Suit
Section 13 – When Foreign Judgment Is Not Conclusive
Section 14 – Presumption as to Foreign Judgments
Section 15 – Court in Which Suits to Be Instituted
Section 16 – Suits Relating to Immovable Property
Section 17 – Immovable Property Situated Within Jurisdiction of Different Courts
Section 18 – Uncertain Local Limits of Jurisdiction
Section 19 – Suits for Compensation for Wrongs to Person or Movables
Section 20 – Other Suits
Section 21 – Objections to Jurisdiction
Section 21A – Bar on Suit to Set Aside Decree on Objection as to Place of Suing
Section 22 – Transfer of Suits Which May Be Instituted in More Than One Court
Section 23 – Court to Which Application for Transfer Lies
Section 24 – General Power of Transfer and Withdrawal
Section 25 – Power of Supreme Court to Transafer Suits
Section 26 – Institution of Suits
Section 27 – Service of Summons on Defendants
Section 28 – Service of Summons Where Defendant Resides in Another State
Section 29 – Service of Foreign Summons
Section 30 – Discovery, Inspection and Production of Documents
Section 31 – Summons to Witnesses
Section 32 – Penalty for Default
Section 33 – Judgment and Decree
Section 34 – Interest
Section 35 – Costs
Section 35A – Compensatory Costs for False or Vexatious Claims or Defences
Section 35B – Costs for Causing Delay
Section 36 – Application to Orders
Section 37 – Court Which Passed a Decree
Section 38 – Court by Which Decree May Be Executed
Section 39 – Transfer of Decree
Section 40 – Transfer of Decree to Court in Another State
Section 41 – Result of Execution Proceedings
Section 42 – Powers of Court Executing Transferred Decree
Section 43 – Execution of Decrees Passed by Certain Courts
Section 44 – Execution of Decrees Passed by Courts in the United Kingdom
Section 44A – Execution of Decrees Passed by Courts in Reciprocating Territory
Section 45 – Execution of Decrees Outside India
Section 46 – Precepts
Section 47 – Questions Relating to Execution
Section 48 – Execution Barred in Certain Cases
Section 49 – Transferee
Section 50 – Execution Against Legal Representative
Section 51 – Powers of Court to Enforce Execution
Section 52 – Enforcement of Decree Against Legal Representative
Section 53 – Liability of Ancestral Property
Section 54 – Partition of Estate or Separation of Share
Section 55 – Arrest and Detention
Section 56 – Prohibition of Arrest of Women
Section 57 – Subsistence Allowance
Section 58 – Detention and Release
Section 59 – Repealed
Section 60 – Property Liable to Attachment and Sale
Section 61 – Partial Exemption of Agricultural Produce
Section 62 – Seizure of Property in Dwelling House
Section 63 – Property Attached in Execution of Decrees of Several Courts
Section 64 – Private Alienation After Attachment
Section 65 – Purchaser’s Title
Section 66 CPC — Suit Against Purchaser
Section 67 CPC — Rules Regarding Sale of Land
Section 68 – Repealed
Section 69 – Repealed
Section 70 – Repealed
Section 71 – Repealed
Section 72 – Repealed
Section 73 CPC — Rateable Distribution Among Decree-Holders
Section 74 CPC — Resistance to Execution
Section 75 CPC — Power to Issue Commissions
Section 76 – Commission to Another Court
Section 77 – Letter of Request
Section 78 – Commission Issued by Foreign Court
Section 79 – Suits by or Against Government
Section 80 – Notice Before Suit Against Government
Section 81 – Exemption from Arrest and Personal Appearance
Section 82 – Execution of Decree Against Government
Section 83 – When Aliens May Sue
Section 84 – When Foreign States May Sue
Section 85 – Persons Appointed by Government for Foreign Rulers
Section 86 – Suits Against Foreign Rulers, Ambassadors and Envoys
Section 87 – Style of Rulers as Parties
Section 87A – Definitions of Foreign State and Ruler
Section 87B – Former Indian States
Section 88 – Interpleader
Section 89 – Settlement of Disputes Outside Court
Section 90 – Special Case
Section 91 – Public Nuisances
Section 92 – Public Charities
Section 93 – Powers of Advocate-General
Section 94 – Supplemental Proceedings
Section 95 – Compensation for Wrongful Arrest, Attachment or Injunction
Section 96 – Appeal from Original Decree
Section 97 – Appeal from Final Decree Where Preliminary Decree Not Appealed
Section 98 – Decision Where Appeal Heard by Two or More Judges
Section 99 – No Reversal for Error or Irregularity Not Affecting Merits
Section 99A – No Reversal of Order Under Section 47 Unless Prejudicially Affected
Section 100 – Second Appeal
Section 100A – No Further Appeal in Certain Cases
Section 101 – Second Appeal on No Other Grounds
Section 102 – No Second Appeal in Certain Cases
Section 103 – Power of High Court to Determine Issues of Fact
Section 104 – Orders from Which Appeal Lies
Section 105 – Other Orders
Section 106 – Courts to Hear Appeals
Section 107 – Powers of Appellate Court
Section 108 – Procedure in Appeals from Appellate Decrees and Orders
Section 109 – Appeals to Supreme Court
Section 110 – Repealed
Section 111 – Bar to Further Appeal
Section 111A – Repealed
Section 112 – Savings
Section 113 – Reference to High Court
Section 114 – Review
Section 115 – Revision
Section 116 – Application to Certain High Courts
Section 117 – Application of Code to High Courts
Section 118 – Execution Before Ascertainment of Costs
Section 119 – Unauthorised Persons Not to Address Courts
Section 120 – Provisions Not Applicable to Chartered High Courts
Section 121 – Effect of Rules in First Schedule
Section 122 – Power of Certain High Courts to Make Rules
Section 123 – Constitution of Rules Committees
Section 124 – Committee to Report to High Court
Section 125 – Power of Other High Courts to Make Rules
Section 126 – Rules Subject to Previous Publication
Section 127 – Publication of Rules
Section 128 – Matters for Which Rules May Provide
Section 129 – Rules of Chartered High Courts
Section 130 – Rules of Other High Courts
Section 131 – Rules as to Costs
Section 132 – Exemption of Certain Women from Personal Appearance
Section 133 – Exemption of Other Persons
Section 134 – Arrest Other Than in Execution of Decree
Section 135 – Exemption from Arrest
Section 135A – Exemption of Members of Legislative Bodies
Section 136 – Proceedings Where Property Is Outside Jurisdiction
Section 137 – Language of Subordinate Courts
Section 138 – Evidence to Be Recorded in English
Section 139 – Oath on Affidavit
Section 140 – Assessors in Admiralty Proceedings
Section 141 – Miscellaneous Proceedings
Section 142 – Orders and Notices to Be in Writing
Section 143 – Postage
Section 144 – Restitution
Section 145 – Enforcement of Liability of Surety
Section 146 – Proceedings by or Against Representatives
Section 147 – Consent or Agreement by Persons Under Disability
Section 148 – Enlargement of Time
Section 148A – Caveat
Section 149 – Deficiency of Court Fees
Section 150 – Transfer of Proceedings
Section 151 – Inherent Powers of Court
Section 152 – Amendment of Judgments, Decrees or Orders
Section 153 – General Power to Amend
Section 153A – Amendment Where Appeal Is Summarily Dismissed
Section 153B – Trial to Be Deemed Open Court
Section 154 – Saving of Present Right of Appeal
Section 155 – Amendment of Certain Acts
Section 156 – Repealed
Section 157 – Continuance of Proceedings
Section 158 – References to Other Enactments

B. First Schedule — All CPC Orders

Provision – Topic
Order I – Parties to Suits
Order I Rule 1 – Who May Be Joined as Plaintiffs
Order I Rule 2 – Court May Give Judgment for One or More Plaintiffs
Order I Rule 3 – Who May Be Joined as Defendants
Order I Rule 4 – Judgment for or Against One or More Parties
Order I Rule 5 – Defendant Need Not Be Interested in All Reliefs
Order I Rule 6 – Joinder of Parties Liable on Same Contract
Order I Rule 7 – When Plaintiff in Doubt from Whom Redress Is Due
Order I Rule 8 – Representative Suits
Order I Rule 9 – Misjoinder and Non-Joinder
Order I Rule 10 – Addition and Striking Out of Parties
Order I Rule 11 – Conduct of Suit
Order I Rule 12 – Appearance of One of Several Plaintiffs or Defendants
Order I Rule 13 – Objections as to Non-Joinder or Misjoinder
Order II – Frame of Suit
Order II Rule 1 – Frame of Suit
Order II Rule 2 – Suit to Include Whole Claim
Order II Rule 3 – Joinder of Causes of Action
Order II Rule 4 – Only Certain Claims to Be Joined for Recovery of Immovable Property
Order II Rule 5 – Claims by or Against Executor, Administrator or Heir
Order II Rule 6 – Separate Trials
Order II Rule 7 – Objections as to Misjoinder
Order III – Recognised Agents and Pleaders
Order III Rule 1 – Appearance Through Recognised Agent
Order III Rule 2 – Recognised Agents
Order III Rule 3 – Service on Recognised Agent
Order III Rule 4 – Appointment of Pleader
Order III Rule 5 – Service on Pleader
Order III Rule 6 – Agent to Accept Service
Order IV – Institution of Suits
Order IV Rule 1 – Institution of Suits
Order V – Issue and Service of Summons
Order V Rule 1 – Summons
Order V Rule 2 – Copy or Statement Accompanying Summons
Order V Rule 9 – Delivery or Transmission of Summons
Order V Rule 9A – Service by Plaintiff
Order V Rule 10 – Mode of Service
Order V Rule 12 – Service on Defendant in Person
Order V Rule 15 – Service on Adult Member of Family
Order V Rule 17 – Procedure When Defendant Refuses to Accept Service
Order V Rule 19 – Examination of Serving Officer
Order V Rule 20 – Substituted Service
Order V Rule 24 – Service on Prisoner
Order V Rule 25 – Service Where Defendant Resides Out of India
Order V Rule 26 – Service Through Political Agent
Order V Rule 27 – Service on Civil Prisoner
Order V Rule 30 – Substituted Service in Certain Cases
Order VI – Pleadings Generally
Order VI Rule 1 – Pleading
Order VI Rule 2 – Material Facts and Conditions
Order VI Rule 3 – Forms of Pleading
Order VI Rule 4 – Particulars to Be Given
Order VI Rule 5 – Further and Better Statement
Order VI Rule 6 – Condition Precedent
Order VI Rule 7 – Departure
Order VI Rule 8 – Denial of Contract
Order VI Rule 9 – Effect of Document
Order VI Rule 10 – Malice, Knowledge, etc.
Order VI Rule 11 – Presumptions of Law
Order VI Rule 12 – Implied Contract
Order VI Rule 13 – Presumptions of Fact
Order VI Rule 14 – Pleading to Be Signed
Order VI Rule 15 – Verification of Pleadings
Order VI Rule 16 – Striking Out Pleadings
Order VI Rule 17 – Amendment of Pleadings
Order VI Rule 18 – Failure to Amend After Order
Order VII – Plaint
Order VII Rule 1 – Particulars to Be Contained in Plaint
Order VII Rule 2 – Money Suits
Order VII Rule 3 – Immovable Property
Order VII Rule 4 – When Plaintiff Sues as Representative
Order VII Rule 5 – Defendant’s Liability to Be Shown
Order VII Rule 6 – Grounds of Exemption from Limitation
Order VII Rule 7 – Relief to Be Specifically Stated
Order VII Rule 8 – Relief Founded on Separate Grounds
Order VII Rule 9 – Procedure on Admitting Plaint
Order VII Rule 10 – Return of Plaint
Order VII Rule 10A – Power to Fix Date of Appearance
Order VII Rule 11 – Rejection of Plaint
Order VII Rule 12 – Procedure on Rejecting Plaint
Order VII Rule 13 – Rejection Does Not Preclude Presentation of Fresh Plaint
Order VII Rule 14 – Production of Document on Which Plaintiff Sues
Order VIII – Written Statement and Set-Off
Order VIII Rule 1 – Written Statement
Order VIII Rule 1A – Duty of Defendant to Produce Documents
Order VIII Rule 2 – New Facts Must Be Specially Pleaded
Order VIII Rule 3 – Denial to Be Specific
Order VIII Rule 4 – Evasive Denial
Order VIII Rule 5 – Specific Denial
Order VIII Rule 6 – Particulars of Set-Off
Order VIII Rule 6A – Counterclaim by Defendant
Order VIII Rule 6B – Counterclaim to Be Stated
Order VIII Rule 6C – Exclusion of Counterclaim
Order VIII Rule 6D – Counterclaim Where Suit Is Stayed, Discontinued or Dismissed
Order VIII Rule 6E – Default in Reply to Counterclaim
Order VIII Rule 6F – Relief to Defendant Where Counterclaim Succeeds
Order VIII Rule 6G – Rules Relating to Written Statement Apply
Order IX – Appearance of Parties and Consequences of Non-Appearance
Order IX Rule 1 – Parties to Attend on Day Fixed
Order IX Rule 2 – Dismissal of Suit Where Summons Not Served
Order IX Rule 3 – Dismissal Where Neither Party Appears
Order IX Rule 4 – Restoration After Dismissal
Order IX Rule 5 – Dismissal Where Plaintiff Fails to Apply for Fresh Summons
Order IX Rule 6 – Ex Parte Hearing
Order IX Rule 7 – Setting Aside Ex Parte Proceedings
Order IX Rule 8 – Dismissal Where Defendant Appears and Plaintiff Does Not
Order IX Rule 9 – Restoration of Suit
Order IX Rule 10 – Procedure Where One of Several Plaintiffs Does Not Appear
Order IX Rule 11 – Procedure Where One of Several Defendants Does Not Appear
Order IX Rule 12 – Consequence of Non-Appearance of One or More Parties
Order IX Rule 13 – Setting Aside Ex Parte Decree
Order IX Rule 14 – No Decree to Be Set Aside Without Notice
Order X – Examination of Parties by Court
Order X Rule 1 – Ascertainment of Admissions and Denials
Order X Rule 1A – Alternative Modes of Dispute Resolution
Order X Rule 1B – Appearance Before Conciliatory Forum
Order X Rule 1C – Appearance Before Court After Failure of ADR
Order X Rule 2 – Oral Examination of Parties
Order X Rule 3 – Substance of Examination
Order X Rule 4 – Consequence of Refusal or Inability to Answer
Order XI – Discovery and Inspection
Order XI – Discovery by Interrogatories
Order XI – Discovery of Documents
Order XI – Inspection of Documents
Order XI – Production of Documents
Order XII – Admissions
Order XII Rule 1 – Notice of Admission of Case
Order XII Rule 2 – Notice to Admit Documents
Order XII Rule 2A – Document Deemed Admitted
Order XII Rule 3 – Notice to Admit Facts
Order XII Rule 4 – Notice for Admissions of Facts
Order XII Rule 6 – Judgment on Admissions
Order XII Rule 8 – Notice to Produce Documents
Order XIII – Production, Impounding and Return of Documents
Order XIII Rule 1 – Documentary Evidence
Order XIII Rule 2 – Repealed
Order XIII Rule 3 – Rejection of Irrelevant or Inadmissible Documents
Order XIII Rule 4 – Endorsements on Documents
Order XIII Rule 5 – Repealed
Order XIII Rule 9 – Return of Admitted Documents
Order XIII Rule 10 – Court May Send for Papers
Order XIV – Settlement of Issues
Order XIV Rule 1 – Framing of Issues
Order XIV Rule 2 – Disposal of Issues of Law
Order XIV Rule 3 – Materials for Framing Issues
Order XIV Rule 4 – Examination of Witnesses on Issues
Order XIV Rule 5 – Power to Amend and Strike Out Issues
Order XV – Disposal of Suit at First Hearing
Order XV Rule 1 – Parties Not at Issue
Order XV Rule 2 – One of Several Defendants Not at Issue
Order XV Rule 3 – Parties at Issue
Order XV Rule 4 – Failure to Produce Evidence
Order XVI – Summoning and Attendance of Witnesses
Order XVI Rule 1 – List of Witnesses
Order XVI Rule 1A – Production of Witnesses Without Summons
Order XVI Rule 2 – Expenses of Witnesses
Order XVI Rule 3 – Tender of Expenses
Order XVI Rule 4 – Summons to Witness
Order XVI Rule 10 – Procedure Where Witness Fails to Comply
Order XVI Rule 12 – Attendance of Witness Detained
Order XVI Rule 20 – Consequence of Refusal to Give Evidence
Order XVII – Adjournments
Order XVII Rule 1 – Court May Grant Time and Adjourn Hearing
Order XVII Rule 2 – Procedure If Parties Fail to Appear on Day Fixed
Order XVII Rule 3 – Court May Proceed Notwithstanding Default
Order XVIII – Hearing of Suit and Examination of Witnesses
Order XVIII Rule 1 – Right to Begin
Order XVIII Rule 2 – Statement and Production of Evidence
Order XVIII Rule 3 – Evidence Where Several Issues
Order XVIII Rule 4 – Recording Evidence
Order XVIII Rule 5 – How Evidence Shall Be Taken
Order XVIII Rule 6 – Power to Record Evidence in Writing
Order XVIII Rule 17 – Court May Recall and Examine Witness
Order XIX – Affidavits
Order XIX Rule 1 – Power to Order Any Point to Be Proved by Affidavit
Order XIX Rule 2 – Cross-Examination of Deponent
Order XIX Rule 3 – Matters to Which Affidavits Shall Be Confined
Order XX – Judgment and Decree
Order XX Rule 1 – Judgment When Pronounced
Order XX Rule 2 – Power to Pronounce Judgment Written by Predecessor
Order XX Rule 3 – Judgment to Be Signed
Order XX Rule 4 – Contents of Judgment
Order XX Rule 5 – Court to State Decision on Each Issue
Order XX Rule 6 – Contents of Decree
Order XX Rule 6A – Preparation of Decree
Order XX Rule 7 – Date of Decree
Order XX Rule 8 – Proceedings on Pronouncement of Judgment
Order XX Rule 11 – Payment by Instalments
Order XX Rule 12 – Decree for Possession and Mesne Profits
Order XX Rule 18 – Decree in Suit for Partition
Order XXI – Execution of Decrees and Orders
Order XXI Rule 10 – Execution Application
Order XXI Rule 11 – Oral and Written Application for Execution
Order XXI Rule 16 – Execution by Transferee
Order XXI Rule 17 – Procedure on Receiving Execution Application
Order XXI Rule 21 – Simultaneous Execution
Order XXI Rule 22 – Notice to Show Cause
Order XXI Rule 23 – Procedure After Notice
Order XXI Rule 24 – Process for Execution
Order XXI Rule 26 – Stay of Execution
Order XXI Rule 29 – Stay of Execution Pending Suit
Order XXI Rule 30 – Money Decree
Order XXI Rule 31 – Specific Movable Property
Order XXI Rule 32 – Decree for Specific Performance
Order XXI Rule 35 – Decree for Immovable Property
Order XXI Rule 36 – Delivery of Immovable Property in Occupancy of Tenant
Order XXI Rule 37 – Arrest in Execution
Order XXI Rule 38 – Warrant of Arrest
Order XXI Rule 40 – Proceedings on Appearance of Judgment-Debtor
Order XXI Rule 41 – Examination of Judgment-Debtor
Order XXI Rule 43 – Attachment of Movable Property
Order XXI Rule 46 – Attachment of Debt
Order XXI Rule 48 – Attachment of Salary
Order XXI Rule 54 – Attachment of Immovable Property
Order XXI Rule 55 – Removal of Attachment
Order XXI Rule 58 – Adjudication of Claims to Attached Property
Order XXI Rule 64 – Sale of Attached Property
Order XXI Rule 66 – Proclamation of Sale
Order XXI Rule 72 – Decree-Holder as Purchaser
Order XXI Rule 84 – Deposit by Purchaser
Order XXI Rule 85 – Time for Payment
Order XXI Rule 89 – Setting Aside Sale on Deposit
Order XXI Rule 90 – Setting Aside Sale for Irregularity or Fraud
Order XXI Rule 91 – Setting Aside Sale on Ground of No Saleable Interest
Order XXI Rule 92 – Sale to Become Absolute
Order XXI Rule 94 – Certificate to Purchaser
Order XXI Rule 95 – Delivery of Property to Purchaser
Order XXI Rule 97 – Resistance or Obstruction to Possession
Order XXI Rule 98 – Orders After Adjudication
Order XXI Rule 99 – Dispossession by Decree-Holder
Order XXI Rule 100 – Order to Restore Possession
Order XXI Rule 101 – Questions to Be Determined
Order XXI Rule 102 – Transferee Pendente Lite
Order XXI Rule 103 – Orders to Be Treated as Decrees
Order XXII – Death, Marriage and Insolvency of Parties
Order XXII Rule 1 – No Abatement by Death if Right Survives
Order XXII Rule 2 – Procedure Where Several Plaintiffs or Defendants
Order XXII Rule 3 – Death of Plaintiff
Order XXII Rule 4 – Death of Defendant
Order XXII Rule 5 – Determination of Legal Representative
Order XXII Rule 6 – No Abatement by Death After Hearing
Order XXII Rule 7 – Marriage of Female Party
Order XXII Rule 8 – Insolvency of Plaintiff
Order XXII Rule 9 – Effect of Abatement or Dismissal
Order XXII Rule 10 – Assignment, Creation or Devolution of Interest
Order XXII Rule 11 – Application to Appeals
Order XXIII – Withdrawal and Adjustment of Suits
Order XXIII Rule 1 – Withdrawal of Suit or Abandonment of Part of Claim
Order XXIII Rule 3 – Compromise of Suit
Order XXIII Rule 3A – Bar to Separate Suit
Order XXIII Rule 4 – Proceedings Where Representative Plaintiff Abandons Suit
Order XXIV – Payment into Court
Order XXIV Rule 1 – Deposit by Defendant
Order XXIV Rule 2 – Notice of Deposit
Order XXIV Rule 3 – Interest on Deposit
Order XXV – Security for Costs
Order XXV Rule 1 – Security for Costs
Order XXV Rule 2 – Effect of Failure to Furnish Security
Order XXVI – Commissions
Order XXVI Rule 1 – Commission for Examination of Witnesses
Order XXVI Rule 2 – When Commission May Be Issued
Order XXVI Rule 4 – Persons for Whom Commission May Be Issued
Order XXVI Rule 9 – Commission for Local Investigation
Order XXVI Rule 10 – Procedure of Commissioner
Order XXVI Rule 11 – Commission to Examine Accounts
Order XXVI Rule 13 – Commission to Make Partition
Order XXVI Rule 15 – Commission for Scientific Investigation
Order XXVI Rule 16 – Commission for Sale
Order XXVI Rule 17 – Commission to Perform Ministerial Act
Order XXVI Rule 18 – Court to Fix Time
Order XXVII – Suits by or Against Government or Public Officers
Order XXVII Rule 1 – Suits by or Against Government
Order XXVII Rule 2 – Persons Authorised to Act for Government
Order XXVII Rule 4 – Agent for Government
Order XXVII Rule 5 – Fixing Time for Government to Answer
Order XXVII Rule 5A – Government Undertakings
Order XXVII Rule 8 – Procedure in Suits Against Public Officer
Order XXVII-A – Suits Involving Constitutional or Statutory Questions
Order XXVII-A Rule 1 – Notice to Attorney-General or Advocate-General
Order XXVIII – Suits by or Against Military, Naval or Air Force Personnel
Order XXIX – Suits by or Against Corporations
Order XXIX Rule 1 – Subscription and Verification of Pleadings
Order XXIX Rule 2 – Service on Corporation
Order XXIX Rule 3 – Service on Corporation Officer
Order XXX – Suits by or Against Firms
Order XXX Rule 1 – Suing of Partners in Firm Name
Order XXX Rule 2 – Disclosure of Partners
Order XXX Rule 3 – Service on Partners
Order XXX Rule 8 – Appearance of Partners
Order XXXI – Suits by or Against Trustees, Executors and Administrators
Order XXXII – Suits by or Against Minors and Persons of Unsound Mind
Order XXXII Rule 1 – Minor to Sue by Next Friend
Order XXXII Rule 2 – Next Friend to File Undertaking
Order XXXII Rule 3 – Guardian for the Suit
Order XXXII Rule 4 – Who May Act as Next Friend or Guardian
Order XXXII Rule 6 – Receipt of Property by Next Friend or Guardian
Order XXXII Rule 7 – Agreement or Compromise by Next Friend or Guardian
Order XXXII Rule 12 – Attainment of Majority
Order XXXII-A – Suits Relating to Family Matters
Order XXXIII – Suits by Indigent Persons
Order XXXIII Rule 1 – Suits May Be Instituted by Indigent Persons
Order XXXIII Rule 2 – Contents of Application
Order XXXIII Rule 5 – Rejection of Application
Order XXXIII Rule 7 – Procedure at Hearing
Order XXXIII Rule 8 – Procedure After Admission
Order XXXIII Rule 9 – Withdrawal of Permission
Order XXXIII Rule 15 – Refusal to Allow Indigent Suit
Order XXXIV – Suits Relating to Mortgages
Order XXXIV Rule 1 – Parties to Mortgage Suits
Order XXXIV Rule 2 – Preliminary Decree in Foreclosure Suit
Order XXXIV Rule 3 – Final Decree in Foreclosure Suit
Order XXXIV Rule 4 – Preliminary Decree in Sale Suit
Order XXXIV Rule 5 – Final Decree in Sale Suit
Order XXXIV Rule 6 – Recovery of Balance
Order XXXIV Rule 7 – Redemption Suit
Order XXXIV Rule 8 – Final Decree in Redemption Suit
Order XXXV – Interpleader
Order XXXV Rule 1 – Plaint in Interpleader Suit
Order XXXV Rule 2 – Payment of Thing Claimed into Court
Order XXXV Rule 3 – Procedure at First Hearing
Order XXXVI – Special Case
Order XXXVII – Summary Procedure
Order XXXVII Rule 1 – Courts and Classes of Suits
Order XXXVII Rule 2 – Institution of Summary Suit
Order XXXVII Rule 3 – Procedure for Appearance and Defence
Order XXXVII Rule 4 – Power to Set Aside Decree
Order XXXVIII – Arrest and Attachment Before Judgment
Order XXXVIII Rule 1 – Arrest Before Judgment
Order XXXVIII Rule 2 – Security or Deposit
Order XXXVIII Rule 5 – Attachment Before Judgment
Order XXXVIII Rule 6 – Attachment Before Judgment
Order XXXVIII Rule 7 – Mode of Attachment
Order XXXVIII Rule 9 – Removal of Attachment
Order XXXIX – Temporary Injunctions and Interlocutory Orders
Order XXXIX Rule 1 – Cases for Grant of Temporary Injunction
Order XXXIX Rule 2 – Injunction to Restrain Breach
Order XXXIX Rule 2A – Consequence of Disobedience
Order XXXIX Rule 3 – Notice Before Granting Injunction
Order XXXIX Rule 3A – Disposal of Application Within Thirty Days
Order XXXIX Rule 4 – Discharge or Variation of Injunction
Order XXXIX Rule 5 – Injunction Against Corporation
Order XL – Appointment of Receivers
Order XL Rule 1 – Appointment of Receiver
Order XL Rule 2 – Remuneration of Receiver
Order XL Rule 3 – Duties of Receiver
Order XL Rule 4 – Enforcement of Receiver’s Duties
Order XLI – Appeals from Original Decrees
Order XLI Rule 1 – Form of Appeal
Order XLI Rule 2 – Grounds Which May Be Taken in Appeal
Order XLI Rule 3 – Rejection or Amendment of Memorandum
Order XLI Rule 3A – Application for Condonation of Delay
Order XLI Rule 5 – Stay by Appellate Court
Order XLI Rule 11 – Power to Dismiss Appeal Without Sending Notice
Order XLI Rule 14 – Service of Notice
Order XLI Rule 17 – Dismissal of Appeal for Appellant’s Default
Order XLI Rule 19 – Re-admission of Appeal
Order XLI Rule 21 – Re-hearing on Respondent’s Application
Order XLI Rule 22 – Cross-Objections
Order XLI Rule 23 – Remand of Case
Order XLI Rule 23A – Remand in Other Cases
Order XLI Rule 24 – Where Evidence on Record Sufficient
Order XLI Rule 25 – Power to Frame Issues
Order XLI Rule 26 – Findings and Evidence to Be Returned
Order XLI Rule 27 – Production of Additional Evidence
Order XLI Rule 31 – Contents of Appellate Judgment
Order XLI Rule 33 – Power of Appellate Court
Order XLII – Appeals from Appellate Decrees
Order XLII Rule 1 – Procedure
Order XLII Rule 2 – Formulation of Substantial Question of Law
Order XLIII – Appeals from Orders
Order XLIII Rule 1 – Appealable Orders
Order XLIII Rule 2 – Procedure
Order XLIV – Appeals by Indigent Persons
Order XLIV Rule 1 – Appeal by Indigent Person
Order XLV – Appeals to the Supreme Court
Order XLV Rule 1 – Definitions
Order XLV Rule 2 – Application for Certificate
Order XLV Rule 3 – Certificate of Fitness
Order XLV Rule 7 – Security and Deposit
Order XLV Rule 13 – Execution of Decree
Order XLVI – Reference
Order XLVI Rule 1 – Reference of Question to High Court
Order XLVI Rule 2 – Court May Pass Order
Order XLVI Rule 3 – Decree to Conform to Decision
Order XLVII – Review
Order XLVII Rule 1 – Application for Review
Order XLVII Rule 2 – To Whom Applications for Review May Be Made
Order XLVII Rule 3 – Form of Application
Order XLVII Rule 4 – Application Where Rejected
Order XLVII Rule 5 – Application Where Granted
Order XLVII Rule 7 – Order of Rejection Not Appealable
Order XLVIII – Miscellaneous
Order XLVIII Rule 1 – Process
Order XLVIII Rule 2 – Costs of Service
Order XLIX – Chartered High Courts
Order L – Provincial Small Cause Courts
Order LI – Presidency Small Cause Courts

C. Major CPC Doctrines & Principles

Provision / Principle – Topic
Section 9 – Presumption in Favour of Civil Court Jurisdiction
Section 10 – Doctrine of Res Sub Judice
Section 11 – Doctrine of Res Judicata
Section 11 Explanation IV – Constructive Res Judicata
Section 11 Explanation VI – Representative Res Judicata
Section 12 – Bar of Further Suit
Section 13 – Doctrine Relating to Foreign Judgments
Section 20 – Cause of Action and Territorial Jurisdiction
Section 21 – Waiver of Objection to Jurisdiction
Order II Rule 2 – Doctrine Against Splitting of Claims
Order I Rule 8 – Representative Litigation
Order XXII – Doctrine of Abatement
Order XXIII Rule 3 – Compromise of Suit
Section 34 – Principle Governing Interest
Section 35 – Principle of Costs
Section 47 – Doctrine of Executing Court
Section 48 – Limitation on Execution
Section 51 – Modes of Execution
Section 73 – Rateable Distribution
Section 89 – Alternative Dispute Resolution
Section 96 – Right of First Appeal
Section 100 – Substantial Question of Law
Section 104 – Appealable Interlocutory Orders
Section 113 – Reference
Section 114 – Review
Section 115 – Revision
Section 144 – Restitution
Section 148A – Caveat
Section 149 – Court-Fee Deficiency
Section 151 – Inherent Powers
Section 152 – Correction of Clerical or Arithmetical Errors
Section 153 – General Power to Amend
Order VI Rule 17 – Amendment of Pleadings
Order VII Rule 10 – Return of Plaint
Order VII Rule 11 – Rejection of Plaint
Order VIII – Right of Set-Off and Counterclaim
Order IX Rule 13 – Setting Aside Ex Parte Decree
Order XII Rule 6 – Judgment on Admissions
Order XXXVII – Summary Procedure
Order XXXVIII – Attachment Before Judgment
Order XXXIX – Temporary Injunction
Order XL – Receivership
Order XLI – Appellate Procedure
Order XLI Rule 27 – Additional Evidence in Appeal
Order XLVII – Review

D. Core CPC Comparative Topics

Topic
Decree vs Judgment
Decree vs Order
Preliminary Decree vs Final Decree
Res Sub Judice vs Res Judicata
Res Judicata vs Constructive Res Judicata
Return of Plaint vs Rejection of Plaint
Set-Off vs Counterclaim
Necessary Party vs Proper Party
Misjoinder vs Non-Joinder
Appeal vs Review
Review vs Revision
Appeal vs Revision
Reference vs Review vs Revision
First Appeal vs Second Appeal
Substantive Law vs Procedural Law
Mandatory vs Directory Procedural Provisions
Ex Parte Decree vs Ex Parte Proceedings
Withdrawal of Suit vs Dismissal of Suit
Temporary Injunction vs Permanent Injunction
Attachment Before Judgment vs Attachment in Execution
Arrest Before Judgment vs Arrest in Execution
Stay of Suit vs Stay of Execution
Restitution vs Mesne Profits
Decree-Holder vs Judgment-Debtor
Legal Representative vs Representative Party
Compromise Decree vs Consent Decree
Foreign Judgment vs Foreign Decree
Territorial vs Pecuniary Jurisdiction
Inherent Powers vs Statutory Powers
Caveat vs Injunction
Remand vs Retrial
Review on Error Apparent vs Appeal on Error
Summary Suit vs Ordinary Suit
Representative Suit vs Class Action
Interpleader Suit vs Declaratory Suit
TopicDetailsReference Links
Introduction to CPCDefinition, Scope, Object, ApplicabilityRead More
History & Evolution of CPCEnactment of CPC 1908, Amendments, Landmark ChangesRead More
Important Definitions (Section 2, CPC)Decree, Judgment, Order, Mesne Profits, Foreign Court, Foreign JudgmentRead More
Jurisdiction of CourtsSubject Matter, Territorial, Pecuniary, Original & Appellate JurisdictionRead More
Institution of Suit (Section 26 & Order 4)Essentials, Cause of Action, Plaint, Drafting of PlaintRead More
Parties to the SuitNecessary vs Proper Parties, Joinder, Non-Joinder, MisjoinderRead More
Service of SummonsModes (Personal, Substituted, Newspaper), Consequences of Non-ServiceRead More
Written Statement & Set-OffTime Limit, Counter-Claim, Rules under Order 8Read More
Pleadings & AmendmentsMeaning, Object, Order 6 CPC, Leading CasesRead More
Framing of IssuesTypes of Issues (Legal & Factual), Order 14Read More
Appearance & Non-Appearance of PartiesEx-Parte Orders, Remedies, Dismissal & Restoration of SuitRead More
Discovery & InspectionInterrogatories, Production of Documents, Order 11Read More
Interlocutory ApplicationsTypes (Temporary Injunctions, Receiver, Security, Attachment), Orders 38-40Read More
Temporary & Permanent InjunctionsEssentials, Types, Orders 39, Section 94 CPCRead More
Summary Suits (Order 37 CPC)Procedure, Requirements, Scope, Landmark CasesRead More
Suits Against Government & Public OfficersSpecial Provisions, Sections 79-82 CPCRead More
Representative Suits (Order 1 Rule 8 CPC)Meaning, Essentials, ApplicabilityRead More
Res Judicata & Res Sub JudiceSection 10 & 11 CPC, Applicability, Landmark CasesRead More
Judgment, Decree & OrderMeaning, Essentials, Types, DifferencesRead More
Execution of Decrees & OrdersModes, Section 36-74, Attachment & Sale of PropertyRead More
Appeals in CPCFirst Appeal, Second Appeal, Appeal from Orders, Appeals to SCRead More
Reference, Review & RevisionSections 113, 114, 115 CPCRead More
Suits by Indigent Persons (Order 33 CPC)Procedure, Exemption of Court FeesRead More
Foreign Judgments & Their EnforcementSection 13 & 14 CPC, Recognition & ExecutionRead More
Inherent Powers of the CourtSection 151 CPC, Judicial Discretion, LimitationsRead More
Alternative Dispute Resolution (ADR) & CPCSection 89 CPC, Mediation, Conciliation, ArbitrationRead More
Commission for Examination of WitnessesOrder 26 CPC, Procedures & RoleRead More
Suits Relating to Public Nuisance & Public CharitiesSections 91 & 92 CPCRead More
Restitution under CPCSection 144 CPC, Scope, Case LawsRead More
Bar on Second Suit (Constructive Res Judicata)Scope, Judicial InterpretationsRead More
Amendments to CPC (Latest Updates)2002 Amendments, E-Filing, Fast Track ProceduresRead More

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