CPC SHORT NOTES

1. Overview of the Course and

Introduction to C.P.C

2. Extent, Code and Rules

3. Definitions - Decree and Order

4. Pleaders and Judgment

5. Suits of a Civil Nature

6. Pecuniary Jurisdiction

7. Territorial Jurisdiction
8. Objections to Jurisdiction

9. Stay of Suit

10. Res Judicata

11. Transfer of Cases

12. Institution of a Suit

13. Return and Rejection of a

Plaint
14. Written Statement

15. Set Off and Counter Claim

16. Caveat

17. Interpleader Suit

18. Precept

19. Order 2, Rule 2

20. Order VI, Pleadings

21. Order V: Issue and Service of

Summons

22. Order 1: Parties to the Suit

23. Order 1, Rule 8:

Representative Suits

24. Impleadment of Parties

25. Joinder of Causes of Action

26. Joinder, non-joinder and

misjoinder of parties

27. Order IX

28. Order XVII - Adjournments

29. A.D.R. under C.P.C

30. Order XI: Discovery and

Inspection

31. Order XV: Disposal of the Suit

at first hearing

32. Settlement of Issues

33. Summary Procedure

34. Order XII: Admissions

35. Order XIII: Production,

Impounding and Return of

Documents

36. Order XVI: Summoning and

Attendance of Witnesses

37. Judgment and Decree

38. Order XIX: Affidavits

39. Costs and Interests

40. Order XXIV: Payment into

Courts
41. Analysis of Salem Advocate

Bar Association Case

42. Interim/ Interlocutory Orders

43. Withdrawal and Compromise

of Suits

44. Appeals

45. Reference

46. Review

47. Inherent Powers of Court

48. Abatement

49. Temporary Injunction

50. Execution

Important Sections

Section 2 – Definitions

Section 6 – Pecuniary Jurisdiction

Section 9 – Courts to try all civil

suits unless barred

Section 10. Stay of suit.

Section 11. Res-judicata

Section 12. Bar to further suit

Section 13. When foreign

judgment not conclusive.

Section 14. Presumption as to

foreign judgments.

Section 15. Court in which suits to

be instituted.

Section 16. Suits to be instituted

where subject-matter situate.

Section 17. Suits for immovable

property situate within jurisdiction

of different Courts.

Section 18. Place of institution of

suit where local limits of

jurisdiction of Courts are

uncertain.

Section 19. Suits for compensation

for wrongs to person or movable.

Section 20. Other suits to be

instituted where defendants reside

or cause of action arises.

Section 21. Objections to

jurisdiction.

Section 21A. Bar on suit to set

aside decree on objection as to

place of suing.

Section 22. Power to transfer suits

which may be instituted in more

than one Court.

Section 23. To what Court

application lies.

Section 24. General power of

transfer and withdrawal.

Section 25. Power of Supreme

Court to transfer suits, etc.

Section 26. Institution of suits.

Section 27. Summons to

defendants.

Section 28. Service of summons

where defendant resides in another

State.

Section 29. Service of foreign

summonses.

Section 30. Power to order

discovery and the like.

Section 31. Summons to witness.

Section 32. Penalty for default.

Section 33. Judgment and decree.

Section 34. Interest.

Section 35. Costs.

Section 39. Transfer of decree.

Section 46. Precepts.

Section 52. Enforcement of decree

against legal representative.

Section 55. Arrest and detention.

Section 56. Prohibition of arrest or

detention of women in execution

of

decree for money.

Section 60. Property liable to

attachment and sale in execution of

decree.

Section 77. Letter of request.

Section 78. Commissions issued

by foreign Courts.

Section 79. Suits by or against

Government.

Section 80. Notice.

Section 82. Execution of decree.

Section 89. Arbitration

Section 91. Public nuisances and

other wrongful acts affecting the

public.

Section 92. Public charities.

Section 96 to Section 112 –

Appeals

Section 113 to Section 115 –

Reference, Review and Revision.

Section 144. Application for

restitution.

Section 148. Enlargement of time.

Section 148A. Right to lodge a

caveat.

Section 151. Saving of inherent

powers of Court.

Section 152. Amendment of

judgments, decrees or orders.

Section 153. General power to

amend.

Important Orders and Rules

Order 1 – PARTIES TO SUITS

Rule 1. Who may be joined as

plaintiffs.

Rule 3. Who may be joined as

defendants.

Rule 9. Mis-joinder and non-

joinder.

Rule 10. Suit in name of wrong

plaintiff.

Rule 13. Objections as to non-

joinder or mis-joinder.

Order 2 – FRAME OF SUIT

Rule 1. Frame of suit.

Rule 3. Joinder of causes of action.

Rule 7. Objections as to mis-

joinder.
Order 4 – INSTITUTION OF

SUITS

Rule 1. Suit to be commenced by

plaint.

Rule 2. Register of suits.

Order 5 – ISSUE AND SERVICE

OF SUMMONS

Rule 1. Summons.

Rule 3. Court may order defendant

or plaintiff to appear in person.

Rule 9. Delivery or transmission of

summons for service.

Rule 9A. Summons given to the

plaintiff for service.

Rule 15. Where service may be on

an adult member of defendant’s

family.

Rule 17. Procedure when

defendant refuses to accept

service, or cannot be

found.

Rule 20. Substituted service.

Rule 24. Service on defendant in

prison.

Rule 28. Service on soldiers,

sailors or airmen.

Rule 30. Substitution of letter for

summons.

Order 6 – PLEADINGS

GENERALLY

Rule 1. Pleading.

Rule 2. Pleading to state material

facts and not evidence.

Rule 3. Forms of pleading.

Rule 16. Striking out pleadings.

Rule 17. Amendment of pleadings.

Rule 18. Failure to amend after

order.

Order 7 – PLAINT

Rule 1. Particulars to be contained

in plaint.

Rule 4. When plaintiff sues as

representative.

Rule 10. Return of plaint.

Rule 11. Rejection of plaint.

Rule 14. Production of document

on which plaintiff sues.

Order 8 – WRITTEN

STATEMENT, SET-OF AND

COUNTER

CLAIM
Rule 1. Written statement.

Rule 1A. Duty of defendant to

produce documents upon which

relief is

claimed or relied upon by him.

Rule 6. Particulars of set-off to be

given in written statement.

Rule 6A. Counter-claim by

defendant.

Rule 6B. Counter-claim to be

stated.

Order 9- APPEARANCE OF

PARTIES AND CONSEQUENCE

OF

NON-APPEARANCE

Rule 1. Parties to appear on day

fixed in summons for defendant to

appear

and answer.

Rule 3. Where neither party

appears, suit to be dismissed.

Rule 5. Dismissal of suit where

plaintiff after summons returned

unserved,

fails for one month to apply for

fresh summons.

Rule 6. Procedure when only

plaintiff appears.

Rule 8. Procedure where defendant

only appears.

Rule 13. Setting aside decree ex-

parte against defendant.

Rule 14. No decree to be set aside

without notice to opposite party.

Order 10- EXAMINATION OF

PARTIES BY THE COURT

Rule 1. Ascertainment whether

allegations in pleadings are

admitted or

denied.

Rule 1A. Direction of the court to

opt for any one mode of alternative

dispute resolution.

Rule 3. Substance of examination

to be written.

Order 14- SETTLEMENT OF

ISSUES AND DETERMINATION

OF

SUIT ON ISSUES OF LAW OR

ON ISSUES AGREED UPON

Rule 1. Framing of issues.

Rule 3. Materials from which

issues may be framed.

Rule 5. Power to amend and strike

out, issues.

Order 15- DISPOSAL OF THE

SUIT AT THE FIRST HEARING

Rule 1. Parties not at issue.

Rule 2. One of several defendants

not at issue.

Rule 3. Parties at issue.

Rule 4. Failure to produce

evidence.

Order 16- SUMMONING AND

ATTENDANCE OF WITNESSES

Rule 6. Summons to produce

document.

Rule 10. Procedure whose witness

fails to comply with summons.

Rule 12. Procedure if witness fails

to appear.

Order 17- ADJOURNMENTS

Rule 1. Court may grant time and

adjourn hearing.

Rule 2. Procedure if parties fail to

appear on day fixed.

Rule 3. Court may proceed

notwithstanding either party fails

to produce

evidence, etc.

Order 20- JUDGMENT AND

DECREE

Rule 1. Judgment when

pronounced.

Rule 6. Contents of decree.

Rule 6A. Last paragraph of

judgment to indicate in precise

terms the reliefs

granted.

Rule 12. Decree for possession and

mesne profits.

Order 20A- COSTS

Rule 1. Provisions relating to

certain items.

Rule 2. Costs to be awarded in

accordance with the rules made by

High

Court.

Order 21- EXECUTION OF

DECREES AND ORDERS

Rule 3. Lands situate in more than

one jurisdiction.

Rule 6. Procedure where Court

desires that its own decree shall be

executed

by another Court.

Rule 9. Execution of High Court of

decree transferred by other Court.

Rule 11. Oral application.

Rule 18. Execution in case of

cross-decrees.

Rule 19. Execution in case of

cross-claims under same decree.

Rule 24. Process for execution.

Rule 26. When Court may stay

execution.

Rule 42. Attachment in case of

decree for rent or mesne profits or

other

matter, amount of which to be

subsequently determined.
Rule 58. Adjudication of claims to,

or objections to attachment of,

property.

LAWLOGY

CPC – Important Topics with

Sections/Orders

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Order 26- COMMISSIONS

Rule 1. Cases in which Court may

issue commission to examine

witness.

Rule 9. Commissions to make

local investigations.

Rule 10. Procedure of

Commissioner.

Rule 10A. Commission for

scientific investigation.

Rule 10B. Commission for

performance of a ministerial act.

Rule 10C. Commission for the sale

of movable property.

Rule 11. Commission to examine

or adjust accounts.

Rule 13. Commission to make

partition of immovable property.

Rule 16. Powers of

Commissioners.

Rule 19. Cases in which High

Court may issue commission to

examine

witness.

Order 32- SUITS BY OR

AGAINST MINORS AND

PERSONS OF

UNSOUND MIND
Rule 1. Minor to sue by next

friend.

Rule 2A. Security to be furnished

by next friend when so ordered.

Rule 4. Who may act as next friend

or be appointed guardian for the

suit.

Order 33- SUITS BY INDIGENT

PERSONS

Rule 1. Suits may be instituted by

indigent person.

Rule 3. Presentation of application.

Rule 4. Examination of applicant.

Rule 5. Rejection of application.

Rule 9. Withdrawal of permission

to sue as an indigent person.

Order 35- INTERPLEADER

Rule 1. Plaint in interpleader-suit.

Rule 5. Agents and tenants may

not institute interpleader suits.

Order 38- ARREST AND

ATTACHMENT BEFORE

JUDGEMENT

Rule 7. Mode of making

attachment.

Rule 9. Removal of attachment

when security furnished or suit

dismissed.

Rule 11. Property attached before

judgment not to be re-attached in

execution of decree.

Rule 11A. Provisions applicable to

attachment.
Rule 12. Agricultural produce not

attachable before judgment.

Order 39- TEMPORARY

INJUNCTIONS AND

INTERLOCUTORY

ORDERS

Rule 1. Cases in which temporary

injunction may be granted.

Rule 3A. Court to dispose of

application for injunction within

thirty days.

Order 40- APPOINTMENT OF

RECEIVERS

Rule 1. Appointment of receivers.

Rule 3. Duties.
Order 41- APPEALS FROM

ORIGINAL DECREES

Rule 2. Grounds which may be

taken in appeal.

Rule 5. Stay by Appellate Court.

Rule 37. Certified copy of decree

to be sent to Court whose decree

appealed

from.

Order 42- APPEALS FROM

APPELLATE DECREES

Rule 1. Procedure.

Order 43- APPEALS FROM

ORDERS

Rule 1A. Right to challenge non-

appealable orders in appeal against

decree.

Order 44- APPEALS BY

INDIGENT PERSONS

Rule 1. Who may appeal as an

indigent person.

Rule 3. Inquiry as to whether

applicant is an indigent person.

Order 46- REFERENCE

Rule 1. Reference of question to

High Court.

Rule 4A. Reference to high Court

under proviso to section 113.

Order 47- REVIEW

Rule 1. Application for review of

judgment.
Rule 4. Application where

rejected.