Difference Between Misjoinder and Non joinder of Parties
Non-joinder and misjoinder are key procedural concepts under the Code of Civil Procedure (CPC), 1908, addressing errors related to parties […]
CODE OF CIVIL PROCEDURE 1908
The Code of Civil Procedure, 1908 (CPC) forms the procedural foundation of civil litigation in India. For LLB students, a clear understanding of the CPC is essential for semester examinations as well as for developing practical legal reasoning. This CPC category page is designed as an exam-oriented academic resource that explains civil procedure in a simplified and structured manner.
The CPC does not determine substantive rights; instead, it prescribes the procedure through which civil rights are enforced by courts. Important procedural areas such as institution of suits, jurisdiction, pleadings, appearance of parties, interim reliefs, execution of decrees, and appeals are governed by the Code. Due to its technical language and wide scope across sections and orders, students often find CPC challenging. These notes aim to simplify that complexity by presenting concepts logically and clearly.
The notes published under this category are prepared specifically for LLB semester exams and academic understanding. Each topic explains the relevant sections, orders, and procedural principles, supported by illustrations wherever required. Frequently examined doctrines such as res judicata, res sub judice, rejection of plaint, temporary injunctions, and execution proceedings are covered in a manner that helps students write structured and precise answers.
Where necessary, leading case laws are referred to show how courts interpret and apply procedural provisions in practice. The CPC is also closely connected with other civil law statutes such as the Limitation Act, 1963 and the Specific Relief Act, 1963, and internal links are provided to encourage a comprehensive understanding of civil procedural law.
Students are advised to use these CPC notes along with the bare act for effective preparation and conceptual clarity.
What is Written Statement? When can Set-off and Counterclaim be Pleaded?
I. Written Statement Definition and Meaning A written statement is the reply submitted by the defendant to the plaint filed
A Note On ‘Place of Suing’ under CPC (Code of Civil Procedure, 1908)
Short Version: Introduction The place of suing establishes the proper court for filing civil cases. Sections 15 to 20 of
A Note On ‘Transfer of Cases under CPC’ with Case Laws
Short Version: Introduction The transfer of cases under Sections 22 to 25 of the Code of Civil Procedure, 1908 (CPC),
What is Meant by Jurisdiction of the Court? Understanding the Types of Jurisdiction in CPC with Case Laws.
1. Introduction Jurisdiction refers to the legal authority of a court to hear and decide a case, as well as
Nature and Object of Res Sub Judice under CPC
Introduction: The Latin maxim “Res Sub Judice” means “a matter under judgment” or “a matter pending before a judge.” It
Power of Courts to Amend or Strike Out Issues Under Order 14 Rule 5 of CPC
Introduction Order 14, Rule 5 of the Civil Procedure Code (CPC), 1908 provides courts with the discretion to amend, add,
Arrest Before Judgment under CPC (Civil Procedure Code), 1908
Introduction The concept of arrest before judgment under Order 38, Rules 1-4 of the Civil Procedure Code, 1908, is an
Note On ‘Substituted Service under CPC’ (Code of Civil Procedure)
Short Version: Substituted Service (Order V, Rule 20, CPC) Substituted service allows courts to serve defendants through alternative methods when
Legal Provisions under CPC ‘When a Person Avoids Service of Summons’
In civil litigation, the service of summons is a crucial step in ensuring that the defendant is made aware of
Short Note On Bond
Definition and Concept A bond is a financial contract obliging the issuer to repay a specified principal amount with interest
Short Note On Temporary Injunction In CPC
Definition and Concept A temporary injunction is a preventive court order that maintains the status quo until the case is
Short Note On Interpleader Suit In CPC
Definition and Concept An interpleader suit, defined under Section 88 and Order 35 of the Civil Procedure Code (CPC), is
Short Note On Receiver In CPC
Definition and Role A receiver is a neutral third party appointed by the court to manage and protect disputed property
Short Note On Legal Representative Under the Civil Procedure Code (CPC)
Definition and Role A legal representative under Section 2(11) of the CPC is an individual authorized to manage the estate
Short Note On Mesne Profit Under the Civil Procedure Code (CPC)
Definition and Concept Mesne profits, as per Section 2(12) of the CPC, are the profits or benefits derived by a
What is a ‘Suit of Civil Nature’ and Discuss Whether a Suit Regarding the Right to Worship is a Suit of Civil Nature?
Introduction The concept of a Suit of Civil Nature is rooted in Section 9 of the Code of Civil Procedure,
Circumstances for Making a Reference to High Court Under CPC
In civil proceedings, the Civil Procedure Code (CPC) provides a crucial mechanism for subordinate courts to seek the High Court’s