Professional’s Civil Procedure Code, 1908 popularly referred to as CPC or सिविल प्रक्रिया in Hindi incorporates all the amendments at relevant places including the latest amendment covering the Mediation Act, 2023, मध्यस्थता अधिनियम, 2023 द्वारा संशोधित. The Law relating to the practices and procedure to be followed in the Civil Courts is regulated by the Code of Civil Procedure, 1908.It decides where cases are heard, what parties say, and how decisions are enforced. It also covers appeals, orders that happen during a case, and other rules and limits.
CPC is divided in to 2 Parts: 1) The Body of the Code & 2) The Schedule. The Body of the Code is divided into 12 segments. The Schedule explains how the Court's jurisdiction is used. The body of the code discusses the Court's power. Every order has rules in it, albeit the exact number varies from order to order. The Appendices provide model formats, including Pleadings (Plaint and Written Statement formats), Process formats, Discovery, Inspection and Admission, Decrees, Effect, Supplemental Proceedings, Appeal, Reference and Reviews.
Highlights & Key Terms of the Code:
Judgment: Section 2(9) of the Code, defines Judgement. A judgment contains facts of the case, the issues involved, the evidence brought by the parties, and finding issues based on evidence and arguments. Every judgment shall include a summary of the pleadings, issues, finding on each issue, ratio decidendi, and the relief granted by the Court.
Decree: Section 2(2)... See more
Professional’s Civil Procedure Code, 1908 popularly referred to as CPC or सिविल प्रक्रिया in Hindi incorporates all the amendments at relevant places including the latest amendment covering the Mediation Act, 2023, मध्यस्थता अधिनियम, 2023 द्वारा संशोधित. The Law relating to the practices and procedure to be followed in the Civil Courts is regulated by the Code of Civil Procedure, 1908.It decides where cases are heard, what parties say, and how decisions are enforced. It also covers appeals, orders that happen during a case, and other rules and limits.
CPC is divided in to 2 Parts: 1) The Body of the Code & 2) The Schedule. The Body of the Code is divided into 12 segments. The Schedule explains how the Court's jurisdiction is used. The body of the code discusses the Court's power. Every order has rules in it, albeit the exact number varies from order to order. The Appendices provide model formats, including Pleadings (Plaint and Written Statement formats), Process formats, Discovery, Inspection and Admission, Decrees, Effect, Supplemental Proceedings, Appeal, Reference and Reviews.
Highlights & Key Terms of the Code:
Judgment: Section 2(9) of the Code, defines Judgement. A judgment contains facts of the case, the issues involved, the evidence brought by the parties, and finding issues based on evidence and arguments. Every judgment shall include a summary of the pleadings, issues, finding on each issue, ratio decidendi, and the relief granted by the Court.
Decree: Section 2(2) of the Code defines Decree. A decree is based upon judgment and always it. A decree is divided into final or preliminary, or both.
Appeals: While the Code does not define the term ‘appeal’, Section 96 of the Code gives the right to file an appeal against the Decree and Section 100 gives the right to file an appeal against an Appellate Decree, commonly known as a Second Appeal.
Review: The process for Review is outlined in Order XLVII of the Code.
Revision: Section 115 of the Code defines Revision provisions. To ensure the administration of justice and the maintenance of fairness, the High Court has the authority to review decisions of the lower Courts.
Civil Suit: The typical starting point of any proceeding governed by the Code, is the initiation of a Civil Suit. The individual initiating the suit is referred to as the Plaintiff, while the party against whom the legal action is directed is known as the Defendant. A written statement detailing the cause of action or the formal written claim used to commence a Civil Court action is called a "Plaint," and the reply to this is termed as a "Written Statement."
The main object of the Civil Procedure Code is to consolidate the laws relating to the procedure and practices followed in the Civil Courts in India. The Civil Procedure Code regulates every action in Civil Courts till the effect of the degree and order. The Aim of the Procedural law is to implement the principles of Substantive law. This Code ensures fair justice by enforcing the rights and liabilities.
