CIVIL PROCEDURE CODE
158 Sections (Substantive part); 1 Schedule- 51 Orders (procedural part)
Hierarchy of Courts-
Subject matter jurisdiction, Pecuniary jurisdiction (based on valuation
capacity), and territorial jurisdiction
Pecuniary jurisdiction: Upto 10 lakhs – munsiff court; Above 10 lakhs-
subordinate court
Munsiff and Subordinate courts’ appeal goes to District Court
Appeal from munsiff goes to district court
AS- Appeal Suit (filed in district court)
RSA – Regular Second Appeal (to HC)
Above 20 lakhs – Subordinate court (original jurisdiction)
RFA – Regular First Appeal (when it is above 20 lakh) – goes to HC
Plaint is not equal to suit- Only if it has all the ingredients, it become a
suit
If less than 10 lakh--- OS-AS-RSA
If above 20 lakh- OS-RFA
Order 7- Plaint
Order 8- Written Statement
Set off- adjustment
Counter claim
Judgment and Decree
Court can combine two or more case, can give a joint trial and also give a
common judgment, but will have separate decrees
IA- Interlocutory Application—Injuctions/Commission/Appointment of
Receiver applications- temporary injunction- (end product of IA is
Orders)
Conditions for granting temporary injunction:
there should be a prima facie case, there is abalance of convenience in my
favour, if the judgment is not in my favour I’ll suffer irreparable damages
If I lose IA , then I can appeal against it to District Court—CMA (
Civil Miscellaneous Appeal)
FAO- First Appeal on Order
Receiver- ministerial or managerial affairs
IA-CMA-FAO
Order 5 – Summons or Notice
If summons served but no filing of Written Statement- then ex parte
decree
Later if the other party comes to court and is able to convince the court,
then the court can set aside the ex parte decree
Substituted Service- Order 5 Rule 20—when summons not served, then it
will be published in a newspaper
Written Statement (Pleadings)- Order 6- Plaint or Written Statement
Framing of issues-
Plaint-Suit-Notice-Summons (Substituted Order)- Witness Schedule-
Trial-- Production of Documents- Arguments- Judgment- Decree –
Execution Proceedings
Definitions of Judgment, Decree and Order
Decree – 2(2)
Preliminary Decree—then the decree holder – Final Decree Application-
Final Decree—only in partition suit there is prelim decree and final
decree
Judgment- 2(9)
Amendment to CPC – Sections-- 1. Parliament, 2. State Legislature
Rules- Parliament, State Legislature and HC
S. 9 – Suits of civil nature- the courts shall have jurisdiction to try all
suits of civil nature except for those that are except those expressly or
impliedly barred (Eg. Cooperative Societies Act- cannot be tried by civil
court; expressly barred in the Act; Alien enemies, foreigner- implied bar)
Order 16 – Pleadings. Pleadings can be amended
2(12)- Means Profit- definition
2(11)- Legal Representative- person entitled to carry out the cause of
action in case of death of a party
S. 10- Res Subjudice- same parties, same cause of action and sam subject
matter and if similar suit is pending then no similar suit on it can be filed
S. 11- Res Judicata- Already decided—then no further similar suit
If you filed a suit for recovery of possession but did not ask for Accounts
for means property, then you cannot later file another suit for it (should
have included in the earlier one)- Constructive Res Judicata
Civil court has the power to try a matter unless they are expressly barred
Essentials of Suit
- Name of Parties
- Cause of Action- reason for suit- set of facts and circumstances that a
plaintiff is required to prove
- Subject matter
- Relief claimed by the plaintiff-
Two types of reliefs- Specific relief and alternative relief
Plaint – Order 7
- Definition
- Particulars of plaint-
Name of the Court
Name, age, description and residential address of plaintiff and
defendant
Facts constituting cause of action and when such cause of action
arose
Facts showing Court’s jurisdiction
Value of subject matter
Relief claimed by the plaintiff
If the plaintiff is rep capacity, showing his actual existing
interest
……. Complete it
- Representative Suit- when a person who is part of a group of
aggrieved persons, files a suit representing them
- In 3 years – file Money Suit- Limitation Act
- Affidavit- sworn written statement-
Return of Plaint (Order VII, R 10)- Where at any stage of the suit, the
court finds that it has no jurisdiction, either territorial or pecuniary or with
regard to the subject matter of the suit, it will return the plaint of is
appealable
Rejection of Plaint (Order VII R. 11)- Where it does not disclose cause
of action, where the relief claimed is under valued, where it is
insufficiently stamped, where it is barred by any law. An order of rejection
of plaint is a decree within the meaning of S. 2(2) of CPC and therefore it
is appealable. When a suit or appeal is re-subumitted it is treated as if
from first presentation.
Return of the plaint- procedural act ----------------
Ex parte decree ------------
If the plaintiff is not coming to the court then there is abatement
(dismissed)- can restore it (restoration)
If the defendant is not coming to court then there will be ex parte decree –
can set aside
S. 151- rehearing of the case on grounds of violation of principles of
natural justice