Code of Civil Procedure – Notes

Appearance of Parties and Consequences of Non-Appearance (Order IX CPC)

Meaning of Execution under Indian Law

Appeals, Reference, Review, and Revision (Orders XLI–XLVII, CPC)

Miscellaneous, Chartered High Courts, Provincial and Presidency Small Cause Courts (Orders XLVIII–LI) under the Indian Law

Interpleader, Special Case and Summary Procedure (Orders XXXV, XXXVI and XXXVII CPC)

Examination of Parties, Interrogatories, Discovery, Inspection, Admissions, and Documents under the Code of Civil Procedure, 1908


Important Concepts: Cause of Action, Jurisdiction and Place of Suing under Indian Law

Parties to a Suit, Institution of a Suit, Pleadings, Plaint and Written Statement under the Indian Law

Concepts: Res-sub judice, Res judicata, set off, counterclaim

Arrest, Detention, and Attachment under Order XXI and XXXVIII CPC

Cause of action and jurisdiction and its kind

Interim Orders and Temporary Injunctions under Indian Law (Order XXXIX CPC)


Essentials of a Suit

Withdrawal and Adjustment of Suits (Order XXIII) under the Code of Civil Procedure, 1908

Trial, Summons, Hearing ofsuit, evidence, judgment and decree and costs(Order V, Order XVI-Order XXA)


Framing of Issues and Disposal: Order XIV and XV CPC

Incidental Proceedings, Payment into Court, Security for Costs and Commissions (Orders XXIV, XXV and XXVI CPC)

History of the Code of Civil Procedure;

Amendments

1.2 Objective behind the Code

1.3 Overview of the Code

1.4 Definitions: decree, judgment, order, mesne profits, pleader, legal representative, judgment- debtor, decree- holder, foreign judgment.

1.5 Subordination and Hierarchy of Civil Courts

JURISDICTION OF CIVIL COURTS

2.1 Meaning of the word “Civil”

2.2 Kinds of Jurisdiction covered under CPC 1908

2.3 Suits Expressly and Impliedly Barred

2.4 Res Subjudice and Res Sub- Judicata

2.5 Commercial Disputes & Code of Civil Procedure

2.6 Applicability for special and local laws

FOREIGN JUDGMENT

3.1 When not Foreign Judgement not conclusive

3.2 Presumption as to foreign judgments

3.3 Enforcement

PARTIES TO SUITS

4.1 Plaintiff, Defendant, Co- plaintiffs, Co- defendants

4.2 Joinder of parties; consequences of joinder, non- joinder and mis-joinder of parties

4.3 Representative suit

4.4 Impalement and deletion of parties

4.5 Recognized agents and pleaders

INSTITUTION OF A SUIT

5.1 Pleadings Generally

5.2 Plaint: Particulars, Documents relied on in plaint, Return of Plaint, Rejection of Plaint

5.3 Written Statement

5.4 Set Off, Counter Claim

APPEARANCE OF PARTIES

6.1 Issue and Service of Summons

6.2 Consequences of non- appearance of parties, non- appearance of plaintiff or defendant

6.3 Disposal of suit at the first hearing & Case Management Hearing

6.4 Examination of Parties by the Court

ADMISSION, DISCOVERY, INSPECTION & PRODUCTION OF DOCUMENTS

7.1 Admissions & Effect of Admission

7.2 Discovery by interrogatories

7.3 Discovery by Documents

7.4 Production of Documents

7.5 Impounding and Return of Documents

TRIAL

8.1 Affidavits

8.2 Summoning and Attendance of Witnesses

8.3 Attendance of Witnesses confined or detained in prisons

8.4 Hearing of suit and examination of witnesses

8.5Death, Marriage and Insolvency of Parties

8.6 Withdrawal and Adjustment of Suits and

8.7 Commission

JUDGMENT AND DECREE

9.1 Judgment and Decree

9.2 Interests

9.3 Costs

9.4 Restitution

9.5 Settlement of Disputes outside Court

EXECUTION OF DECREES

10.1 Execution of Decree

10.2 Execution in general & courts which may execute decrees

10.3 Application for execution & Stay of Execution 10.4 Mode of Execution

10.5 Arrest & Detention & Attachment of Property

10.6 Garnishee & Resistance to Delivery of Possession to Decree Holder or Purchaser

SPECIAL SUITS /PROCEEDINGS

11.1 Suit By or Against Government

11.2 Suit By or Against Minors or Persons of Unsound Mind

11.3 Suit By or Against Indigent Persons

11.4 Interpleader Suits

11.5 Temporary Injunctions and Interlocutory Orders

APPEAL REVIEW AND REVISION

12.1 Appeals

12.2 Review

12.3 Revision

12.4 Reference

12.5 Caveat

12.6 Inherent powers

LAW OF LIMITATION

13.1 Introduction to the law of limitation

13.2 Bar of limitation, effect of expiry of limitation and extension of limitation period

13.3 Legal disability, exclusion of time and computation of limitation period


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I’m Aishwarya Sandeep

Adv. Aishwarya Sandeep is a Media and IPR Lawyer, TEDx speaker, and founder of Law School Uncensored, committed to making legal knowledge practical, accessible, and career-oriented for the next generation of lawyers.

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