Civil Procedure Code

 

Important Points

1. Origins
1. CPC evolved as matter of long years of experience emanating out of common law of England
2. Procedural law Vs Substantive law
1. The provisions of the code should NOT be allowed to defeat substantial justice [1]
2. Hypertechnical view should be avoid by court. [2]
3. A procedural law is always subservient to the substantive law.
4. Nothing can be GIVEN by a procedural law what is not sought to be given by a substantive law and nothing can be TAKEN away by a procedural law what is given by the substantive law.
3. Scope NOT exhaustive
1. Court has INHERENT power to act according to the principles of justice, equity and good conscience.
2. Nothing in Code SHALL be deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ENDS of justice or to PREVENT abuse of the process of the Court.
4. Interpretation
1. Procedural laws are always retrospective in operation unless there are good reasons to the contrary ( Halsbury law of England V44 p 574 )
1. No one can have a vested right in forms of procedure.
5. Order 1 to 20 - 1st Schedule - deal with suits
1. Order 1 to 4 : institution and frame of suits, parties to suit and recognized agents & pleaders
2. Order 5 : issue and service of summons.
3. Order 6 : Pleading 
4. Order 7, 8 - written statements, set-off and counter claims
5. Order 9 - parties to suit appear before court and enumerates consequences of non-appearance. - Remedy for setting aside an order of dismisal  and exparte order
6. Order 10 - examine parties
7. Order 11 to 13 : discovery, inspection and production of documents and also admission of parties
8. Order 14 : Frame issues
9. Order 15 : Court pronounce Judgment at first hearing 
10. Order 16 to 18 : Summoning, attendance, examination of witness and adjournments
11. Order 19 : empowers the court to make an order to prove fact on basis of affidavit of a party 
12. Order 39 : Temporary injunction
13. Order 20 :  Judgment and Decrees
14. Order 25 : Security of costs
15. Order 22 : effect of death, marriage  or insolvency of a party to suit
16. Order 23 : withdrawal and compromise of suits.
17. 
    
6. Sections
1. Section 9 - Civil court has jurisdiction to try all suits of a civil nature unless they are barred expressly or impliedly.
2. Section 10 - Provide STAY of suit  ( res sub judice )
3. Section 11 - RES JUDICATA
4. Section 13, 14 - Foreign Judgements
5. Section 15 to 21A - Regulate the place of suing. - Jurisdiction
6. Section 22 to 25 - make provisions from transfer & withdrawal of suit, appeals
7. Section 33 : Judgment and Decrees
8. Section 75 to 78 ( Part III ) & Order 26 - Make provisions of advocate commissions
9. Section 89 : Settlement of disputes out of court through arbitration , conciliation, mediation  and Lok adalat
10. Section 94 to 95 & Order 26 make - issue arrest of a defendant and attachment before judgment
11. Part II : Section 36 to 74 : Execution proceedings 
12. Section 148A - CPC - permit a person to lodge a caveat in a suit or proceeding instituted or about to be instituted against him.
1. It is the duty of the court to issue notice and affort an opportunity of hearing to a caveator to appear and oppose interim relief sought by applicant.

Important Case

1. Hukum Chand Boid Vs Kamalanand Singh ILR (1906) 33 Cal 927
1. The provisions of the code should NOT be allowed to defeat substantial justice
2. Court has INHERENT power to act according to the principles of justice, equity and good conscience.
2. Babu Lal Vs Hazari Lal (1982) 1 SCC 525
1. Hypertechnical view should be avoid by court
3. Saiyad Mohd Bakar Vs Abdulhabib Hasan ( 1998) 4 SCC 343
1. A procedural law is always subservient to the substantive law.
2. Nothing can be GIVEN by a procedural law what is not sought to be given by a substantive law and 
3. nothing can be TAKEN away by a procedural law what is given by the substantive law.
4. State of Punjab Vs Shamlal Murari (1976) 1 SCC 719
1. Procedural law is not to be tyrant but a servant, not an obstruction but an aid to justice.
2. Procedural law is handmaid and not the mistress, a lubricant not a resistant in administration of justice. 
3. Courts are to do justice, not to wreck this end product of technicalities