Introduction to the Civil Procedure Code, 1908, Slides of Law

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• Introduction to CPC 1908Introduction to CPC

CIVIL PROCEDURE CODE, 1908CIVIL PROCEDURE CODE, 1908

• Scheme of the Act:- It consolidates theScheme of the Act:- It consolidates the

law relating to procedure of Civil Courts. law relating to procedure of Civil Courts.

• It has 158 sections in the first part (theIt has 158 sections in the first part (the

main part) and 51 ORDERS in the second main part) and 51 ORDERS in the second

part containing Rules and 8 appendices. part containing Rules and 8 appendices.

• TheThe SectionsSections containcontain thethe fundamental

principles , andand thusthus createcreate jurisdictionjurisdiction

hence hence aa substantivesubstantive lawlaw whereaswhereas thethe

Rules deal with the Rules deal with the detailed proceduredetailed procedure

as as toto howhow thethe jurisdictionjurisdiction shouldshould bebe

exercised. exercised.

S. 11S. 11:: Res - JudicataRes - Judicata - - A suit or anA suit or an issue decided by a Competent issue decided by a Competent Court cannot be reopened and re- Court cannot be reopened and re- adjudicated in a subsequent suit adjudicated in a subsequent suit between the same parties or between the same parties or parties claiming through them, in parties claiming through them, in another Court or the same Court. another Court or the same Court. The matter should be directly The matter should be directly and substantially issue, in the and substantially issue, in the former suit, former suit,

● (S.15)- in the Court of lowest● (S.15)- in the Court of lowest grade competent to try. grade competent to try. ● (S.16)- if relating to immovable ● (S.16)- if relating to immovable property, where the property is property, where the property is situated, or where the situated, or where the defendant defendant resides or works forresides or works for gain. gain. If the property is situated within If the property is situated within jurisdiction of different Courts, jurisdiction of different Courts, in in any of those Courts, orany of those Courts, or Where cause of action / part Where cause of action / part

Institution of SuitsInstitution of Suits

• Filed by presentation of plaint in Court.Filed by presentation of plaint in Court.
• Plaint to contain all facts alleged byPlaint to contain all facts alleged by

plaintiff and the relief prayed for by him. plaintiff and the relief prayed for by him.

• Plaint is to be filed along with thePlaint is to be filed along with the

prescribed Court Fees, wherever applicable. prescribed Court Fees, wherever applicable.

• After preliminary scrutiny, the Court ordersAfter preliminary scrutiny, the Court orders

issuance of summons issuance of summons upon the defendant, ifupon the defendant, if

the plaint is in order. the plaint is in order.

Issuance & Services ofIssuance & Services of Summons Summons

• Additional copies of the plaint are filed by the plaintiff inAdditional copies of the plaint are filed by the plaintiff in Court. Court.
• Additional copied are served upon the defendant by variousAdditional copied are served upon the defendant by various means such as through Court staff personally, by Registered means such as through Court staff personally, by Registered post, through Courier or by E-mail. post, through Courier or by E-mail.
• Purpose of service is to inform the defendants about the suitPurpose of service is to inform the defendants about the suit being filed, and the allegations against them. being filed, and the allegations against them.
• Some times summons are served by pasting or publicationSome times summons are served by pasting or publication in the newspaper when defendant is not available. in the newspaper when defendant is not available.
• Refusal to accept service amounts to good service.Refusal to accept service amounts to good service.
• Service of summons is the stage when it becomes theService of summons is the stage when it becomes the defendants responsibility to appear and contest the case. defendants responsibility to appear and contest the case.

Inspection and ProductionInspection and Production

of documents of documents

• In a contested case the documentaryIn a contested case the documentary

evidence of both sides is vital. evidence of both sides is vital.

• Either side can have the documentsEither side can have the documents

relied upon by the other side to be relied upon by the other side to be

produced in Court. produced in Court.

• He can then inspect those documentsHe can then inspect those documents

and if necessary, challenge the same in and if necessary, challenge the same in

Court. Court.

AffidavitsAffidavits

• Affidavits are the statements given byAffidavits are the statements given by the parties on oath before authorized the parties on oath before authorized persons in or outside the Court. persons in or outside the Court.
• Such persons are generally lawyers em-Such persons are generally lawyers em- powered by the State and Central powered by the State and Central Government to attest the affidavits. They Government to attest the affidavits. They are known as “Oath Commissioners” or are known as “Oath Commissioners” or “Notaries”. “Notaries”.
• Affidavits can also be sworn by theAffidavits can also be sworn by the parties in the Court to support the parties in the Court to support the statements made by them in their statements made by them in their pleadings and other applications. pleadings and other applications.

Withdrawal & Compromise ofWithdrawal & Compromise of Suits Suits

• A plaintiff is at liberty to withdraw his suit against anyA plaintiff is at liberty to withdraw his suit against any defendant(s) defendant(s) or give up his claim.or give up his claim.
• Some times suits can be withdrawn with liberty to fileSome times suits can be withdrawn with liberty to file a fresh one if there is any formal defect which otherwise a fresh one if there is any formal defect which otherwise cannot be rectified while cannot be rectified while it remains pending.it remains pending.
• A suit can also be withdrawn on compromise betweenA suit can also be withdrawn on compromise between the parties if the terms of compromise are otherwise the parties if the terms of compromise are otherwise not unlawful. not unlawful.
• The compromise decree can however not beThe compromise decree can however not be challenged later own by either party on the ground of challenged later own by either party on the ground of its being illegal. its being illegal.

First & Second AppealFirst & Second Appeal

• Appeal is the proceeding which a losing partyAppeal is the proceeding which a losing party normally files in The Superior Court after the suit normally files in The Superior Court after the suit is decided against him by the Trial Court. is decided against him by the Trial Court.
• Original decrees and certain orders can beOriginal decrees and certain orders can be appealed against. appealed against.
• A compromise decree between the same partiesA compromise decree between the same parties can however not be appealed against. can however not be appealed against.
• In first appeal the findings of the Trial Court bothIn first appeal the findings of the Trial Court both on points of law and facts can be challenged. on points of law and facts can be challenged.
• However in the second appeal (before the HighHowever in the second appeal (before the High Court) only points of law can be challenged. Court) only points of law can be challenged.

ExecutionExecution

• Execution means implementation or forcedExecution means implementation or forced compliance of any decree or judgment by the compliance of any decree or judgment by the original trial Court. original trial Court.
• The party in whose favour the order was passedThe party in whose favour the order was passed applies for execution if the other party dose not applies for execution if the other party dose not comply with the order or decree passed again comply with the order or decree passed again him, within the prescribed time. him, within the prescribed time.
• In exercise its power of execution, the Court canIn exercise its power of execution, the Court can adopt various means. adopt various means.
• Some such means are :-Some such means are :-
  1. 1. Taking forcible possession of immovable property ;Taking forcible possession of immovable property ;
  2. 2. Attachment of movable property;Attachment of movable property;
  3. 3. Attachment of money such as salaries, bankAttachment of money such as salaries, bank accounts etc.; accounts etc.;
  4. 4. Detention of the defaulting party in civil prisonDetention of the defaulting party in civil prison etc.; etc.;