Kanhaiya Lal Aggarwal v. Union of India 2002

Important sections of CPC 1908

– this is the time of 1859 when the first uniform Civil code was enacted, the evolution of Code of Civil Procedure 1908 (CPC) has started. It started to run in Madras, Bengal, Bombay, and northwestern provinces.

however, CPC 1859 was not applicable in supreme court presidency towns but gradually the deficiency in the act was removed made it applicable with uniformity.

Important Sections of CPC
Important Sections of CPC
  • 21st march 1908- passed by the governor General of India

Important sections of CPC starts with the recent Amendment

Code of Civil procedure, 1908 by The commercial court, 2015

Important sections of CPC 1908

 

The important provisions below are arranged as per the index of the Code of Civil Procedure, 1908.

Preliminary [Section 01-08]

Section 1- Note the basics of the Code like extent, enforcement date etc.

Section 2- Read all the definitions but give more importance to clauses 2, 3, 5, 6, 9, 10, 11, 12, 14, 17, 19.

Section 5- CPC’s application in Revenue Courts.

Section 6- Pecuniary Jurisdiction in CPC.

Part I – Suits in General [Section 09-35B] – All Important

Part I deals about Suits. It is foundation of CPC and so all the provisions shall be dealt exhaustively.

Part II – Execution [Section 36-74]

Section 38: Provides that Decree can be executed by which Courts.

Section 39: Deals with transfer of decrees

Section 42: Deals with power of Court to execute transferred decrees

Section 46: Precepts

Section 50: Legal Representative

Section 51: Power of Courts to order execution

Section 54: Partition of estate

Section 55: Arrest and detention for execution of decree

Section 56: Women prohibited from arrest in execution

Section 60: Property that can be attached in execution (Very important)

Section 73: Proceeds to be distributed ratably amongst decree-holders

Section 74: Resistance to execution

Part III – Incidental Proceedings [Section 75-78]

Section 75: Court’s power to issue Commissions; clauses (a)-(g) are very important.

Section 77: Letter of request

Part IV – Suits in Particular Cases [Section 79-88]

Section 79: Suits by or against Central and State Government.

Section 80: Notice to be sent to Government before instituting suit.

Section 82: Deals with execution of decree against Government.

Section 88: Interpleader Suit- concept and when they can be filed.

Part V – Special Proceedings [Section 89-93]

Section 89: Settlement of disputes through Arbitration, Mediation etc.

Section 91 and 91: Brief reading on public nuisances and public charities.

Part VII – Appeals [Section 96-112]- All Important

Section 96 to 112: All the provisions are important. Read all of them exhaustively with detailed concept.

Part VIII – Reference, Review and Revision [Section 113-115] – All Important

Just like Part 07, these three Sections are also very important.

Part X – Rules [Section 121-131]

Section 122: Power of High Courts to make rules.

Section 123: Rules Committee.

Part XI – Miscellaneous [Section 132-158]

Section 132-135A: Exemptions to certain class

Section 144: Application for Restitution

Section 148: Time enlargement by Court

Section 148A: Caveat- concept and when it is filed

Section 151: Inherent powers of the Court

Section 152: Amendments in Orders and Decrees by Court

Section 153: General Powers of Court to amend.

Important Orders

Order I – Parties to Suits

Order II – Frame of Suits

Order IV – Institution of Suits

Order V – Issue and Service of Summons

Order VI – Pleadings Generally

Order VII – Plaint

Order VIII – Written Statement, Set-off and Counter Claim

Order IX – Appearance of Parties and Consequence of Non-Appearance

Order X – Examination of Parties by the Court

Order XI – Discovery and Inspection

Order XIV – Settlement of Issues and determination of Suit on Issues of Law or on Issues agreed upon

Order XV – Disposal of the Suit at the First Hearing

Order XVII – Adjournments

Order XX – Judgment and Decree (20)

Order XXA – Costs

Order XXI – Execution of Decrees and Orders (cover only these parts)

Payment under Decree (Rule 01-02)

Courts executing Decrees (Rule 03-09)

Stay of Execution (Rule 26-29)

Mode of Execution (Rule 30-36)

Arrest and Detention in the Civil Prison (Rule 37-40)

Attachment of Property (Rule 41-57)

Order XXII – Death, Marriage and Insolvency of Parties

Order XXIII – Withdrawal and Adjustment of Suits

Order XXVI – Commissions

Order XXXII – Suits by or Against Minors and Persons of Unsound Mind

Order XXXIII – Suits by Indigent Persons

Order XXXV – Interpleader

Order XXXIX – Temporary Injunctions and Interlocutory Orders

Order XLI – Appeals from Original Decrees

Order XLII – Appeals from Appellate Decree

Order XLIII – Appeals from Orders

Order XLV – Appeals to the Supreme Court

Order XLVI – Reference

Order XLVII – Review

 

 

 

 

 

 

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