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 was started to run in then 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.
- 21st march 1908- passed by the governor General of India
Important sections of CPC starts with the recent Amendment
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.
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