The Code of Civil Procedure is vast and difficult to read and remember. CPC is a procedural law, it only deals with civil cases. under this law remedies, sanctions, and fines can be imposed. In some conditions, an arrest warrant can be issued under this Act.
So look, it doesn’t matter if you are a UPSC aspirant, a judiciary aspirant, a law student, or a Practicing Advocate, this Article is relevant for all before said.
In this article, we will understand a unique/smart strategy to remember CPC easily. There are 158 sections and 51 Orders, in this article, we will discuss the order part only, and also we will include only important orders.
To learn CPC you have to split the whole CPC into some categories like the beginning of the suit, types of Parties, interim orders, Civil suit procedure, after judgment, and special provisions. Follow this strategy it will help you to understand CPC.
Begining of Suit
Plaint(Order 7)
It is a formal written document filed by the plaintiff, the person who initiate civil lawsuit. (read about ‘Different Parts of a Plaint’)
Application(Order 33 & 36)
An application may filed by the party in case of a Summary Trial. To conduct a summary trial, this application needs sufficient documentation and argument.
Memorendum of Appeal(Order 41)
A formal document is written to review a judgment or action. this document must contain the reason for the appeal.
Types of Parties
Parties to suit (Order 01)
All persons may be joined in one suit as plaintiffs where- any right to relief in respect of, or arising out of, the same act or transaction or series of acts or
transactions are alleged to exist in such persons, whether jointly, severally or in the alternative.
Representatives (Order 03)
A pleader, an authorished agent or any person may represent the party involved in a suit.
State (Order 27)
The term “Statutory authorities” is included in this order, that means various government bodies can represent themselves as parties before the court of tribunal. In the case of suits against state or by the state the court may summon government authorities to represent the state.
Suits by public officers (Order 27A)
Order 27A states that in the case of a “Substantial question of law as to the interpretation of the law,” notice must be served to the Attorney General of India and the advocate general of India. And the government must act as a party.
In the case of any validity of the instrument, a notice must be served to the government pleader or government authority and make the government a party. A note on (‘Pre-Conditions for Institution of Suits by or Against the Government‘)
Army, navy, airforce (Order 28)
Any member of the Army, Navy, and Air Force can authorize any other person to present them before the court on certain conditions like being unable to leave.
Suits by a corporation (Order 29)
In the case of a corporation a secretary, director, or any other principal officer can sign and verify on the behalf of corporation, and a summon can also be served to aforesaid officers or in the registered address of that corporation.
Firms (Order 30)
Firms can sue and can be sued, disclosure of the partners is important. death of a partner is not subjected to abetment of the suit when other partners still operate the firm.
Trustee (Order 31)
A truste may represent a benificiary as party before the court.
Minor (Order 32)
In the case of minor. If a minor wants to file a suit there must be a next friend of minor to represent.
If the minor act as a defendent, the court may appoint a guarden ad litum.
Indegent person (Order 33)
A person who doesn’t have sufficient wealth to afford the prescribed court fee except exempted property and suit property and if there is no court fee mentioned and still he doesn’t have a minimum of thousand rupees except exempted property and suit property then he or she is an indigent person.
Suits related to mordgages (Order 34)
A secondary mortgage holder can sue to take ownership of the property or sell it without involving the primary mortgage holder. Similarly, the primary mortgage holder doesn’t need to be part of a lawsuit to pay off a secondary mortgage.
Interpleader (Order 35)
An interpleader suit is a legal action that resolves disputes over property, debts, and assets. The suit is initiated by a person or entity that holds property that two or more parties claim. The plaintiff must have no interest in the property, except for potential charges or costs. (A detailed note on ‘interpleader suit‘)
Both parties (Order 36)
Where the agreement is for the delivery of any property; or for the doing, or the refraining from doing, any particular act, the estimated value of the property to be delivered, or to which the act specified has reference, shall be stated in the agreement.
An overview of a civil suit procedure step by step
These orders are arranged according to practical scenarios.
Parties to suit (Order 1)
Order 1 tells us about the joinder of parties, who can file a suit and it is the beginning of a suit. We had already discussed it. A note on (‘What is a Suit? Discuss the different stages of a suit.‘)
Frame of suit (Order 2)
Order 2 of the CPC outlines the requirements for drafting the initial pleading, which is typically the plaint, in a civil suit. The frame of the suit essentially sets the stage for the legal action by defining the parties, the cause of action, and the relief sought.
Pleading (Order 6)
Order 6 governs the process of pleading, which is fundamental to the conduct of civil litigation. A pleading means plaint and written statement. (A note on ‘What is Pleading?)
Plaint (Order 7)
A “plaint” refers specifically to the initial document or statement filed by a plaintiff (the party initiating the lawsuit) in a civil court to commence a legal action against another party (the defendant). Read About the (‘contents of a plaint‘) & (‘When can it be rejected?‘)
Institution of suit (Order 4)
Order 4 deals with the institution of the suit as a whole. It encompasses the entire process of initiating a civil suit, from the filing of the plaint to the commencement of legal proceedings.
Summon (Order 5)
Order 5 outlines the procedure for the court to issue summons to the defendant(s) named in the plaint. Summons is a legal document issued by the court that notifies the defendant(s) of the lawsuit filed against them and directs them to appear before the court on a specified date to answer the plaintiff’s claims. Read (‘service of summons‘)
Written statement (Order 8)
Order 8 governs the procedure for the defendant to file a written statement in response to the plaint filed by the plaintiff. The written statement is the defendant’s formal response to the claims made by the plaintiff in the plaint. Read About (‘Essential Things to be Mentioned in a Written Statement.’)
Appearance (Order 9)
Order 9 outlines the procedure for the appearance of parties in court. Appearance refers to the formal act of a party indicating their participation in the legal proceedings. In civil cases, both the plaintiff and the defendant are required to appear before the court to present their case. (read about Consequences of Appearance of Parties in Suit) & (Consequences of Non Appearance of Parties in a Case)
Examination of parties (Order 10)
The primary purpose of examining parties is to clarify issues, ascertain facts, or gather evidence relevant to the case. The court may ask questions to parties or their witnesses to better understand the claims, defenses, or circumstances surrounding the dispute.
Issue frame (Order 14)
The court, after considering the pleadings of the parties, identifies the key points of dispute and frames the issues accordingly. Read Briefly About (‘What are Issues in CPC? & What is Framing of Issues in CPC?’)
Summon to witnesses (Order 16)
Order 16 outlines the procedure for summoning witnesses to appear before the court to give evidence in a civil case. Witnesses are individuals who have relevant information about the facts in dispute and may provide testimony to assist the court in reaching a decision.
Adjournment (Order 17)
Adjournment refers to the postponement of court proceedings to a later date. Order 17 provides for adjournments to accommodate various circumstances that may arise during the course of a legal proceeding.
Judgment & decree (Order 20)
Order 20 outlines the procedure for the court to deliver its judgment in a civil case after considering all the evidence, pleadings, and arguments presented by the parties. (‘Differences Between Decree, Order, and Judgment‘)
Execute (Order 21)
Overall, Order 21 of the CPC provides the procedural framework for the enforcement of judgments and decrees, ensuring that the rights and remedies granted by the court are effectively realized by the decree-holders.
Abetment (Order 22)
If one of two or more defendants dies, the court will make the legal representative of the deceased defendant a party and proceed with the suit. However, if no application is made within the time limit by law, the suit will abate as against the deceased defendant. A Short Note on (‘Interim Orders‘)
Withdrawl (Order 23)
Order 23 allows a plaintiff to withdraw a suit or abandon part of their claim with the permission of the court. This may be done voluntarily by the plaintiff if they no longer wish to pursue the case for various reasons, such as reaching a settlement with the defendant or realizing that the claim is not viable.
Payment into court (Order 24)
A defendant may apply to the court for permission to deposit a specific sum of money into court as an alternative to making a direct payment to the plaintiff. The application must specify the amount to be deposited and the reasons for seeking permission to do so.
Security for cost (Order 25)
Order 25 provides a mechanism for the court to require a plaintiff to provide security for the costs of the defendant if there are concerns that the plaintiff may not be able to pay the costs if the suit is unsuccessful.
Commission (Order 26)
Order 26 provides for the appointment of commissioners by the court for various purposes related to the administration of justice, such as the examination of witnesses, inspection of property, or taking of evidence. Read (Short Note on ‘Commission‘)
Arrest and attachment of property before judgment (Order 38)
The plaintiff may apply to the court for the arrest and attachment of the defendant’s property before judgment by filing an application supported by an affidavit stating the grounds for the application.
Temporary injunction and interlocutory order (Order 39)
A temporary injunction is a provisional remedy granted by the court to maintain the status quo or prevent irreparable harm pending the final determination of the case. It restrains a party from doing a particular act or compels them to do a specific act for the duration of the litigation.
Interlocutory orders are those passed by the court during the pendency of a case, which do not finally determine the rights of the parties but rather deal with procedural or interim matters. This may include orders for discovery, inspection, production of documents, or other procedural matters. Read A Detailed Note on ‘Define injunction & State the principles of granting an injunction.‘
Appointment of Receiver (Order 40)
The appointment of a receiver is a discretionary remedy granted by the court to protect and preserve property that is the subject of litigation pending final adjudication. A receiver may be appointed to manage, safeguard, or administer the property in dispute until a final determination is made by the court. Read Detailed Notes on (‘When Can a Court Appoint a Receiver?‘) & (‘Who is a receiver? Write down the duties of a receiver.’)
After Judgment
Remedy (Order 41)
These remedies allow the appellate court to rectify errors, address grievances, and ensure that justice is served in civil litigation.
Review (Order 47)
Order 47 provides a mechanism for parties aggrieved by a decree or order of a court to seek a review of that decree or order. The purpose of review is to correct errors or mistakes that may have occurred in the original decision.
Revision (Section 115)
Section 115 provides a mechanism for higher courts to exercise supervisory jurisdiction over subordinate courts to correct errors of jurisdiction or procedure. A detailed note on ‘Revisional Jurisdiction of High Court: Circumstances for Invocation‘
Appeal (Order 41,42 & Section 96-112)
The CPC provide a structured process for parties to challenge lower court decisions and seek corrective action in higher courts, ensuring fairness and justice in civil litigation.There are several appeals like Appeals from Original Decrees, Appeals from Appellate Decrees, Appeals are heard by higher courts, which review evidence and arguments to decide on affirming, reversing, or modifying lower court decrees.
Speacial Power
Interrogation (Order 11)
Interrogatories are written questions that one party (the interrogating party) sends to the other party (the responding party) seeking specific information relevant to the case. The responding party is required to answer the interrogatories under oath within a specified time frame.
Admission (Order 12)
The primary purpose of Order 12 is to expedite civil proceedings by enabling parties to admit certain facts or documents, thus narrowing down the issues in dispute and potentially avoiding the need for lengthy trials. Read a brief note on ‘Admission‘.
Power of Production (Order 13)
The primary purpose of Order 13 is to regulate the production, impounding, and return of documents that are relevant to the issues in a civil case.
Power to Produce Affidavit (Order 19)
The primary purpose of Order 19 is to allow parties to present their evidence or statements in writing, under oath, to the court through affidavits. Affidavits serve as a means to provide testimony or information without the need for oral examination in court. A short note on ‘Affidavit‘.
Power of Cost (Order 20)
The primary purpose of Order 20 is to ensure that parties are compensated for their legal expenses and to discourage frivolous or vexatious litigation. Costs may be awarded to the successful party as a form of reimbursement for their expenses incurred during the legal process.
Remember, mastering the CPC is not just about memorizing rules but about empowering yourself with the knowledge to navigate legal matters confidently. So, whether you’re a law student, legal professional, or simply curious about the legal system, I hope this guide has provided you with the tools and confidence to delve deeper into the CPC and gain a greater understanding of civil procedure law.”
Reference- THE CODE OF CIVIL PROCEDURE, 1908