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One Liners for CPC
The 'Code of Civil Procedure' is a procedure law, i.e., an adjective law. The Code neither creates nor takes away any
right. It only helps in proving or implementing the 'Substantive Law'. The Code contains 158 Sections and 51 Orders.
2. The object of the Code is to consolidate (all the laws relating to the procedure to be adopted by the Civil Courts) and
amend the law relating to the procedure of Courts of Civil Procedure. The procedural laws are always retrospective in
operation unless there are good reasons to the contrary.
3. It extends to the whole of India.
4. The body of the Code containing sections is fundamental and cannot be amended except by the Legislature while
the First Schedule of the Code, containing Orders and Rules, can be amended by the High Courts. The sections and
Rules must be read together and harmoniously construed, but if rules are inconsistent with the sections, the latter
will prevail
5. Section 2(2) states "decree" means the formal expression of an adjudication which, so far as regards the Court
expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy
in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the
determination of any question within section 144, but shall not include (a) any adjudication from which an appeal
lies as an appeal from an order, or (b) any order of dismissal for default.
6. Section 2(11) states "legal representative" means a person who in law represents the estate of a deceased person,
and includes any person who intermeddles with the estate of the deceased and where a party sues or issued in a
representative character the person on whom the estate devolves on the death of the party so suing or sued.
7. The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit founded on the
same cause of action.
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8. A final decree is one which completely disposes of the suit and finally settles all the questions in
controversy between the patties and nothing further remains to be decided thereafter.
9. Adjudication means "the judicial determination of the matter in dispute".
10. Suit means a Civil proceeding instituted by the presentation of a Plaint. Thus, every suit is institutedby the
presentation of Plaint. Where there is no Civil suit, there is no decree; e.g., Rejection of an application for
leave to sue in forma pauper is is not a decree, because there cannot be a plaint in such case until the
application is granted.
11. In Phool Chand v. Gopal Lal A.I.R. 1967, S.C. 1470, the Apex Court has decided that "C.P.C. does not
prohibits passing of more that one preliminary decree, if circumstances justify the same and it may be
necessary to do so".
12. 2(3) "Decree-Holder" means any person in whose favour a decree has been passed or an order capable of
execution has been made.
13. 2(5) "Foreign Court" means a Court situate outside India and not established or continued by the
authority of the Central Government;
14. 2(6) "Foreign Judgment" means the judgment of a foreign Court;
15. 2(8) "Judge" means the presiding officer of a Civil Court;
16. 2(9) "Judgment" means the statement given by the Judge on the grounds of a decree or order.
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17. 2(10) "Judgment-Debtor" means any person against whom a decree has been passed or an order
capable of execution has been made.
18. "Mesne Profits" of property means those profits which the person in wrongful possession of such
property actually received there from, together with interest on such profits, but shall not include
profits due to improvements made by the person in wrongful possession.
19. 2(14) "order" means the formal expression of any decision of a Civil Court which is not a decree;
20. 2(16) "prescribed" means prescribed by rules;
21. 2(18) "rules" means rules and forms contained .in the First Schedule or made under section 122 or
section 125.
22. Jurisdiction means power of a Court to hear and decide a case. Jurisdiction of a Court means the
power or the extent of the authority of a Court to hear and determine a cause, to adjudicate and
exercise any judicial power in relation to it. The Jurisdiction of a Court means the extent of the
authority of a Court to administer justice prescribed with reference to the subject matter, pecuniary
value or local limits.
23. Each Court has vested power to exercise jurisdiction within its own territorial or local limits
beyond which it cannot go known as territorial jurisdiction
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24. The term 'Pecuniary jurisdiction' connotes the value of the subject matter of the suit. The
High Courts and District Courts have no pecuniary limitation but the other Courts have no such
unlimited pecuniary jurisdiction.
25. According to Section 9 a Civil Court has jurisdiction to try a suit, when the following two
conditions, the suit is of a Civil nature, and the cognizance of such a suit is neither expressly nor
impliedly barred.
26. Explanation- 1 of Section 8 says that a suit in which the right to property or to an office is
contested is a suit of a Civil Nature, notwithstanding that such right may depend entirely on the
decision of questions as to religious rites or ceremonies.
27. A suit is said to be "expressly barred" when it is barred by any enactment for the time being
in force by a competent Legislature, while keeping itself within the field of legislation and
without contravening any provision of the constitution.
28. A suit is said to be "impliedly barred" when it is barred by general principle of law. Where an
Act creates an obligation and enforces the performance in a specified manner, that performance
cannot be enforced in any other manner, e.g., certain suits of a civil nature are barred from the
cognizance of a Civil Court on the grounds of public policy.
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29. The object of Section 10 is to prevent Courts of concurrent jurisdiction from simultaneously
trying two parallel suits between the same parties in respect of the same matter in issue.
30. The provisions contained in Section10 are mandatory and no discretion is left with the Court.
The order staying proceedings in the subsequent suit can be made at any stage.
31. A civil court has inherent power under Section 151 to stay a suit in the ends of justice or to
consolidate different suits between the same parties containing the same matter in issue
substantially
32. "Res-judicata" consists of two Latin Words, 'Res' means a thing or a matter or a question and
'Judicata' means adjudicated, adjudged or decided. Therefore, the expression 'Res-judicata''
means "a thing or matter already adjudged or adjudicated or decided".
33. Nemo debet lis vexari pro una et eadem causa: no man should be vexed twice over for the:
same cause.
34. Interest republicae ut sit finis Iitium: it is in the interest of the State that there should be an
end to a litigation.
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35. Res judicata pro veritate occipitur: an judicial decision must be accepted as correct.
36. Res judicata pro veritate habetur: an adjudicated matter shall be deemed correct.
37. The expression 'matter in issue' means the right litigated between the parties.
38. "A matter is 'directly and substantially in issue' if it is necessary to decide it in order to
adjudicate the principal issue and if the judgment is based upon at decision.“
39. It was held in Re Gangabai v. Chhabubai AIR 1982 SC 20 that in order to operate as res
judicata the finding must be one disposing of a matter directly and substantially in issue in the
former suit and the issue should have been heard and finally decided by the court trying such
suit. A matter which is collaterally or incidentally in issue for the purposes of deciding the matter
which is directly in issue in the case cannot be made the basis of a plea of res judicata.
40. In Vithal Yashwant v. Shikandarkhan, AIR 1963 SC 385 the Court held that "It is well settled
that if the final decision in any matter at issue between the parties is based by a Court on its
decision on more than one point - each of which by itself would be sufficient for the ultimate
decision- the decision on each of these points operates as res judicata between the parties."
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41. It has been held in Lal Chand Vs Radha Kishan A IRs. 1977 S C 789 by Chandrachud, J. that
Section 11 is not exhaustive and the principle which motivates that section can be extended to
cases which do not fall strictly within the letter of Law. The principle of res judicata is convinced
in the larger public interest, which requires that all litigation must, sooner than later, come to an
end.
42. Section 13 embodies the principle of res-judicata in foreign judgments. This provision
embodies the principle of private International Law that a judgment delivered by a foreign Court
of competent jurisdiction can be enforced in India.
43. The first and the important thing is the place of suing in order that a Court can entertain,
deal with and decide a suit. Section 15 to 20 of C.P.C. regulate the forum for the institution of
suits.
44. Sections 16 to 18 deal with suits relating to immoveable property.
45. An objection as to local jurisdiction of a Court can be waived and this principle has been
given a statutory recognition in Section 21 of the Code of Civil procedure and provides that the
defect as to the place of suing under 15 to 20 may be waived
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46. The mere lack of territorial or pecuniary jurisdiction is considered as merely technical and it
can be waived in the sense that if objection with regards to them is not taken at the earliest
opportunity, at any stage, at or before the settlement of issues, the same cannot be allowed to
be raised at a later stage unless it is established that there is a consequent failure of Justice.
47. Section 21 is an exception and defect as to place of suing, that is to say, the local venue for
suits cognizable by Courts under the Code may be waived under this section. Such waiver is
limited to objections in the Appellate or Revisional Courts.
48. Order I of the code provides the provisions with respect to the parties to suits and joinder,
misjoinder and non-joinder of parties.
49. Where it appears to the Court that any joinder of plaintiffs or defendants may embarrass
delay the trial of the suit, the Court may order separate trials or make such other order as may
be expedient in the interest of justice.
50. The Court may give judgment for one or more the plaintiffs as may be found to entitle to
relief or as against one or more of the defendants as may found to be liable.
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51. Order VIII, Rule 1 is an exception to the general rule that all persons interested in a suit ought to
be joined as parties to it, in order to finally adjudicate all the matters involved therein and to avoid
the fresh litigations over the same matters.
52. Order II of the code deals with the provisions relating to the framing of suits and the rules
regarding causes of action. A cause of Action means every fact which it is necessary for the plaintiff
to establish to support his claim in obtaining judgment in his favour.
53. Order II, Rule 1 explains that every suit shall be framed so as to afford ground for the final
decision upon the subject in disputes and to prevent further litigation concerning them.
54. According to order VI Rule 1, pleading shall mean plaint or written statement."Pleadings are
statements in writing drawn up and filled by each party to a case, stating what his contentions will be
at the trial and giving all such details as his opponent needs to know in order to prepare his case in
answer.
55. The object of pleading is to bring parties to definite issues and to diminish expense and delay and
to prevent surprise at the hearing.
56. In Udhav Singh v. Madhav Rao Scinda AIR 1977 that "all the primary facts which must be proved
at the trial by a party to establish the existence of a cause of action or his defence are material facts."
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57. (Order VI Rule 16) If the pleading is unnecessary, scandalous, frivolous; or vexatious or tends to
prejudice, embarrass or delay the fair trial of the suits or is otherwise an abuse of the process of the
Court27 the Court may, at any stage of the proceedings, order to be struck out or amended any matter in
it.
58. As a general rule, material facts and necessary particulars must be stated in the pleadings and the
decision cannot be based on the grounds outside the pleadings. (Order VI rule 17)
59. In Ganga Bhai v. Vijay Kumar AIR 1974 SC 1126, the Supreme Court has observed that "the power to
allow an amendment is undoubtedly wide and may at any stage be appropriately exercised in the interest
of justice, the law of limitation notwithstanding. But the exercise of such far-reaching discretionary
powers is governed by judicial considerations, and wider the discretion, greater alight to be the care and
circumspection on the part of the Court.“
60. If a party remained failed to amend after the order of amendment, within the time specified for that
purpose in the order or if no time is specified, then within 14 days from the date of the order, he shall not
later on be permitted to amend after expiry of the specified time or of 14 days unless e time is extended
by the court.
61. Order under Order VI Rule 17 is Revisable: An order granting or refusing amendment is a 'case
decided' within the meaning of section 115 arid revisable by the Court. The above order is neither a
decree nor appealable order and hence not appealable
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62. Every civil suit shall be instituted by presenting a plaint to the Court or such officer as it
appoints in that behalf. Plaint is a pleading of the plaintiff.
63. Return of Plaint - Order VII Rule 10
64. Order VII Rule 10-A: Power of Court to fix a date of appearance in the Court where plaint is
to be filed after its return.
65. Set-Off (Order VIII, Rule 6) Set-off means a claim set up against another. It is a counter claim
against the plaintiff but in essence it is a form of defence in which the defendant while
acknowledging the justice of the plaintiffs claim sets up a demand of his own to counter balance
it either in whole or in part.
66. The provision of Rule 6 are not exhaustive. Order VIII, Rule 6 deals with legal set-off while
Order XX, Rule 19(3) recognizes an equitable set-off.
67. In Laxmidas v. Nanabhai AIR 1984, 'SC. it was held that the Court has power to treat the
counter claim as a cross suit and hear the original suit and counter claim together if the counter
claim is properly stamped.
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68. Order VIII Rule 6 B: Counter Claim to be stated- Where any defendant seeks to reply upon
ground as supporting a right of counter-claim, he shall, in his written statement, state
specifically that he does so by way of counter- claim.
69. Order VIII Rule 6 C : Exclusion of Counter Claim: Where a defendant sets up a counter-claim
and the plaintiff contends that the claim thereby raised ought not to be disposed of by way of
counterclaim but in an independent suit, the-plaintiff may, at the time before issues are settled
in relation to the counter-claim, apply to the Court which may, on the hearing of such an
application make such an order as it thinks fit.
70. Order VIII Rule 6 D: Effect of discontinuance of suit: If in any case in which the defendant sets
up a counter claim, the suit of the plaintiff is stayed, discontinued or dismissed, the counter-
claim may nevertheless be proceeded with.
71. Order VIII Rule 6 E : Default of plaintiff to reply Counter- Claim: If the plaintiff makes default
in putting in a reply to the counter claim made by the defendant, the Court may pronounce
judgment against the plaintiff in relation to the counter claim made against him, or make such
order in relation to the counter claim as it thinks fit.
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72. Order VIII Rule 6 F : Relief to defendant where Counter Claim succeeds: Where in any suit a
setoff or counter- claim is established as a defence against the plaintiff's claim and any balance is
found due to the plaintiff or the defendant, as the case may be, the Court may give judgment to the
party e'1titled to such balance.
73. Order VIII Rule 6 G : Rules relating to written statement to apply : The rules relating to a written
statement by a defendant shall apply to a written statement filed in answer to a counter claim.
74. Order VIII Rule 7: Defence or set-off or counter- claim founded upon separate grounds: Where
the defendant relies upon several distinct grounds of defence of set-off or counter - claim founded
upon separate and distinct facts, they shall be stated, as far as may be separately and distinct.
75. The provision relating to suits by an indigent person is contained in Order XXXIII, having rules
which provide various provisions regarding the purpose, procedure, examination of applicant,
rejection of application etc.
76. The general rule for the institution of a suit is that a plaintiff suing in a Court of law is bound to
pay Court-fees prescribed under the Court Fees Act at the time of presentation of plaint.
77. Rejection of Application: Order XXXIII Rule 5- The court shall reject an application for permission
to sue as an indigent person
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78. Suits by or Against the Government or the Public Officers in their Official Capacity (Section 79 to
82 and Order XXVII).
79. No suit shall be instituted, except as provided in sub-section (2) of section 80 against the
Government or against a public officer in respect of any act purporting to be done by such public
officer in his official capacity unless a Notice in writing has been issued and until the expiration of two
months next after notice.
80. Rule 8-8 of Order XXVII provides that in Order XXVII 'Government' and 'Government Pleader'
mean respectively.
81. Inter Pleader Suit (Section 88 and Order XXXV) An interpleader suit is a suit in which the real
dispute is not between the plaintiff and the defendant but between the defendants only and the
plaintiff is not really interested in. the subject matter of the suit.
82. The primary object of instituting an interpleader suit is to get claim of rival defendants
adjudicated.
83. An agent cannot sue his principal or a tenant his landlord for the purpose of compelling them to
interplead with persons claiming through such principals or landlords, because ordinarily, an agent
cannot dispute the title of his principal and a tenant cannot dispute the title of his landlord during
the subsistence of tenancy
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84. The word summons has not been defined in the Code, but according to the dictionary
meaning; "A summons is a document issued from the office of a court of justice, calling upon
the person to whom it is directed to attend before a judge or office of the court for a certain
purpose.“
85. Section 27: Where a suit has been duly instituted, a summon may be issued to the
defendant to appear and answer the claim and may be served in the manner prescribed on such
day not beyond 30 days from the date of the institution of the plaint.
86. "Substituted Service” means the service of summons by a mode which is substituted for the
ordinary mode of summons.
87. Section 30 of the Code says that subject to such conditions and limitations as may be
prescribed, the Court may, at any time, either of its own motion on the application of any party.
88. Discovery means to compel the opposite party to disclose what he has in his possession or
power. The discovery may be either discovery of facts or discovery of documents. Where
information as to fact is required, the party is allowed to put a series of questions, known as
interrogatories to his adversary.
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89. According to Section 31, the provisions in sections 27, 28 and 29 shall apply to summonses to give
evidence or to produce documents or other material objects. Rule 8 of Order VXI states that every
summons under Order VXI, except under rule 7-A, shall be served in the same manner as a summons
to a defendant, and the rules of Order V shall apply.
90. Order IX of the Code provides the law with regard to the appearance of the parties to the suits and
the consequences of their non-appearance. Where a party (Plaintiff or Plaintiff and Defendant, both)
does not appear when the suit is called on for hearing, the suit may be dismissed and where a party
(Defendant) does not appear even when the summons is duly served on him, the Court may Order for
the ex-parte hearing of the suit.
91. Ex- Parte Hearing : Where only the plaintiff appears and the defendant does not appear when the
suit is called on for hearing, and the Court observed that the summons was duly served on defendant
then the Court may pass an order that the suit be heard ex-parte.
92. Section 36 to 74 and Order 21: In a suit, after the pronouncement of judgment and passing of
decree in respect of the relief given by the Court, the next step is the execution of decree or order.
93. "Execution is the enforcement of decrees and orders of the Court by the process of the Court." As
a matter of fact, execution is the formal procedure prescribed by law whereby the partly entitled to
the benefit of a judgment may obtain that benefit
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94. Section-36 of the Code lays down that the provision of the Code relating to execution of
decrees (including provision relating to the payment under a decree) shall, so far as they are
applicable, be deemed to apply to the execution of orders (including payment under an order).
95. According to S. 38, an executing Court may be either the Court which passed the decree, or
the Court to which the decree is sent for execution.
96. There are various modes of execution of decree provided in the Code. A decree may be
enforced, as specified under section 51 of the Code of Civil Procedure.
97. Section 51 of the Code gives an option to the creditor, of enforcing the decree either against
the person or the property of the creditor; and nowhere it has been laid down that execution
against the person of the debtor shall not be allowed unless and until the decree holder has
exhausted his remedy against the property.
98. Section 51(b) The Court is empowered to order execution of a decree by attachment and
sale or by sale without attachment of any property36 and the sale of property without an
attachment is merely an irregularity and such sale is not void or without jurisdiction and does
not vitiate the sale.
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99. Sections 60 to 64 and Rules 41 to 57 of Order XXI deal with the subject of attachment of property.
100. Section 51 (c) One mode of the execution of a decree is arrest and detention61 of a judgment debtor in the Civil
Prison.
101. A warrant for the arrest may be cancelled or an arrested judgment debtor may be released by the Court on the
ground of his serious willingness, while a judgment debtor, who has been committed to civil prison, may be release of
therefrom, either by the State Government, on the ground of the existence of any infectious or contagious disease, or
by the committing court or any superior court, on the grounds of his suffering from any serious illness.
102. The duty of an executing Court is to execute the decree as it is. An executing Court cannot go behind the decree.
An executing Court has 'to take the decree as it stands and execute it according to its terms. The Court has no power to
question the correctness of the decree.
103. When the executing Court finds that there was an inherent lack of jurisdiction, the decree passed by a Court is a
nullity and when such a plea is put forward by an aggrieved party, it is obligatory on the part of the executing Court to
consider such an objection, and such a decree cannot be executed, because there cannot be said to be a decree in
such a case.
104. Before the Amendment Act of 1976, the determination of any question under section 47 was deemed to be a
decree under section 2(2) of the Code, but after the amendment, which deleted subsection (2) of section 47, by which
the Court was empowered to treat an application under Section 47 as a suit, or a suit as an application, and hence,
now any determination under section 47 is not appealable under Section 96 or 100, but a revision lies, subject to the
fulfillment of the conditions mentioned in s. 115 of the Code
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105. 'Commission' is a process through which the witnesses, who are sick or infirm and are unable to attend the Court,
are examined by issuing a commission by the Court. Sections 75 to 78 and Order XXVI of the Code deal with the various
provisions relating to the issue of Commission to examine witnesses who are unable to attend the Court for one or the
other reasons.
106. The general rule is that a creditor having a claim against the debtor has first to obtain a decree against him and then
execute the said decree according to the provisions of Order XXI and may adopt the mode of his arrest or attachment of
his property in such execution, but under special circumstances, the creditor, however can move for the arrest of the
debtor or for the attachment of hisproperty even before the judgment in order to prevent any attempt on the part of the
defendant to defeat the execution of decree that may be passed against him.
107. An application for arrest may be made by the plaintiff at any time after the plaint is presented, even before the
service of summons is effected-on the defendant and the Court may pass the order of-arrest upon the satisfaction of the
following two conditions: the Plaintiffs suit must be bona fide and his cause of action must action be prima facie
unimpeachable subject to his proving the allegations in the plaint, and the Court must have reason to-believe on
adequate materials that unless this extraordinary power is exercised there is a real danger that the defendant will remove
himself or his property from the ambit of the powers to the Court.
108. In Sardar Govind Rao v. Devi Sahai AIR 1982 S.C. 989, the Court held that "the sole object behind the order levying
attachment before judgment is to give an assurance to the plaintiff that his decree if made would be satisfied. It is a sort
of guarantee against decree becoming in fructuous for want of property available from which the plaintiff can satisfy the
decree.
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109. An injunction is a judicial process whereby a party is ordered to refrain . am doing or to do
a particular act or thing.
110. A perpetual injunction restrains a party for ever from doing the specific act and can be
granted only on merits at the conclusion of the trial after hearing both the parties to the suits.
111. After the suit is instituted by the plaintiff and before it is finally disposed of, the Court may
make interlocutory orders as may appear to the Court to be just and convenient. [Section 94 (e)]
112. Interlocutory Orders (Order XXXIX Rules 6 to 10): Interim orders or interlocutory orders are
those orders passed by a Court during the pendency of a suit or proceeding which do not
determine finally the substantive rights and liabilities of the parties in respect of the subject-
matter of the suit or proceeding.
113. "The receiver is an important person appointed by the Court to collect and receive, pending
the proceedings, the rents, issues and profits of land, or personal estate, which it does not seem
reasonable to the Court that either party should collect or receive, or for enabling the same to
be distributed among the persons entitled."
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114. The right to appeal is a vested right. The right to appeal is a substantive right and an appeal is a creature of
statute and there is no right of appeal unless it is given clearly in express terms by a statute. Appeal is a vested right
and accrues to the litigant and exists as on and from the date the lis commences and although it may be actually
exercised when the adverse judgment is pronounced.
115. Substantial Question of Law: Means a substantial question of law as between the parties in the case involved.
A question of law is a substantial as between the parties if the decision turns one way or the other on the particular
view of law. If it does not affect the decision, it cannot be said to be a substantial question of law.
116. The provisions relating to review are provided in S. 114 (substantive right) and Order XLVII (procedure). The
general rule is that once the judgment is signed and pronounced or an order is made by the Court, it has no
jurisdiction to alter it. Review is an exception to this general rule.
117. Revision (SECTION 115): 'Revision' means "the action of revising, especially critical or careful examination or
perusal with a view to correcting or improving".44 Revision is "the act of examining action in order to remove an
defect or grant relief against the irregular or improper exercise or nonexercise of jurisdiction by a lower Court".
118. The object of Section 115 is to prevent the subordinate Courts from acting arbitrarily, capricious and illegally
or irregularly in the exercise of their jurisdiction. It enables the Court to correct, when necessary, errors of
jurisdiction 'committed by the subordinate Courts and provides the means to G aggrieved party to obtain
rectification of a non- appealable order.
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119. Apex Court in Baldevdas v. Filmistan Distributors AIR 1970 SC, held that a case may be said
to have been decided if the Court adjudicates for the purpose of the suit some right or
obligation of the parties in controversy. Every order in the suit cannot be regarded as a case
decided within the meaning of Section 115.
120. Restitution is "an act of restoring a thing to its proper owner",48 and means restoring to a
party the benefit which the other party has received under a decree subsequently held to be
wrong. The provisions 'elating to restitution have been provided in section 144 of the Code.
Section 144 does not confer any new substantive right. It merely regulates the power of the
court in that behalf.
121. Lord Cairns has explained in Alexender Roser v Comptoir D's Escompte de Paris, (1871) LR 3
PC that "one of the first and highest duties of all courts is to take care that the act of the court
does no injury to the suitors". The law also imposes an obligation on the party who received
benefit of an erroneous judgment to make restitution to the other party for what he has lost;
and it is the duty of the court to enforce this obligation.
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122. CAVEAT (Section 148-A): The word has not been defined in the Code. Literally, means "let him beware",
a forma notice. It is a caution registered in a public Court or office to indicate to the officials that they are
not to act in the matter mentioned in the caveat without first giving notice to the caveat.
123. The provisions of section 148-A are applicable only in the cases where the' caveator is entitled to be
heard before any order is made on the application already filed or proposed to be filed, but does not apply
in cases where the Code does not contemplate notice.
124. The inherent powers saved by section 151 can also be used to prevent the abuse of the process of a
Court, which may be committed by a Court itself or by a party.
125. Sections 153: Confers a general power on the Court to amend defects or errors in "any proceeding in a
suit" and to make all necessary amendments for the purpose of determining the real question at the issue
between the parties to ,the suit or proceedings.
126. Sections 153-A: Provides that where the appellate Court dismisses an appeal summarily under Order
41, Rule 11, the power of amendment under Section 152 can be exercised by the Court of the first instance.
127. Under CPC 1908, the pleading must state the facts and not the law.
128. Section 303 IPC has been declared unconstitutional and violative of Articles 14 and 21 of the
Constitution of India.
129. An application under order 9 rule 13 CPC can be made within 30 days of the decree
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130. Order XXIV: Payment in Court
131. Order XXV: Security for Costs
132. Order XXXVI: Special Case
133. Order XL: Appointment of Receivers
134. Order XLI: Order from Original decree
135. Order XXXIV: Suits relating to Mortgages of immovable property
136. Order XXXIIA: Suits relating to matters concerning the family
137. Order XXIX: Suits by or against Corporations
138. Order XXIII: Withdrawal and adjustment od Suits
139. Order XVII: Adjournments
140. Order XVIA: Attendance of witnesses confined or detained in prisons
141. Order XII: Admissions
142. Order IX: Appearance of parties and consequence of non- appearance.
143. Order X: Examination of parties by the Court
144. Order XLI: Appeals from Original Decrees
145. Order XXIII: Withdrawal and adjustment of suits
 Major Case Laws for CPC
Case Name Ratio
Salem Advocates Bar Association (II) v. Union of The Preamble of the Code states that the object of the Code is two fold;
India, AIR 2005 SC 3353 (1) to consolidate and (2) to amend the laws relating to the procedure to
be followed in civil courts. It is a procedure designed to facilitate justice
and further its ends; not a penal enactment for punishment and
penalties.
Westarly Dkhar v. Sehekaya Lyngdoh, In the areas to which the Code does not extend, the courts in such areas
shall be guided by spirit of the Code.
Mahohar Lal v. Seth Hiralal Code is exhaustive on the matters specifically dealt in it. How- ever, the
legislature is incapable of contemplating all possible circumstances that
may arise in civil litigation therefore, with regard to those circumstances
the court has inherent powers to act according to principles of justice,
equity and good conscience. Such inherent powers of the court is saved
under Section 151 of the Code.
Jai Jai Ram Manohar v. National Building A party cannot be refused relief merely because of some mistake,
Material Supply negligence, inadvertence or even infraction of the rules of procedure
State of Madras v. C.P. Agencies The term 'cause of action' connotes all categories of facts which it is
necessary for the plaintiff to prove, if traversed, in order to entitle him to
a decree in suit.
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State of U.P. v. C.B. Mishra The word 'Code' includes not only sections but also rules in the First
Schedule and Rules made by High Courts amending the Rules in First
Schedule
Shankar v. Chandrakant A preliminary decree is one which declares the rights and liabilities of the
parties leaving the actual result to be worked out in further proceedings.
As a result of the further enquiries pursuant to preliminary decree rights
of the parties are fully determined and final decree is passed.
Dhani Ram v. Lala Sri Ram A decree-holder nerd not necessarily be plaintiff A person who is not a
party to the suit but in whose favour an onder capable of execution has
been made is also a decree holde
Renu Devi v. Mahendra Singh The difference between preliminary decree and final decree lies in its
purpose. A preliminary decree declares the rights and liabilities of the
parties and leaves the actual result to be worked out for a later stage.
Final decree determines the rights of the decree finally and decree is
passed in accordance with such determination.
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Phoolchand v. Gopal Lal There is nothing in the Code which prohibits the passing of more than
one preliminary decrees if circumstances justify the same and where it is
necessary to do so
Rachakonda Venkar Rao v. R. Satya Bal It is a settled law that more than one final decres can be passed
Kiran Singh v. Chaman Paswan Defect of jurisdiction goes to the root of the decree or order. A decree
passed without jurisdiction is a nullity. Supreme Court held that a decree
passed without jurisdiction is a nullity. A defect of jurisdiction strikes at
the very authority of the court and it cannot be cured even by the
consent of the parties.
Dhulabhai v. State of M.P., AIR 1969 SC 78, Every presumption is made in favour of jurisdiction of the court.
Kamla Mills v. State of Bombay, Provision of exclusion of jurisdiction of the courts must be strictly
construed. In case of doubt as to jurisdiction the courts will lean in
favour of jurisdiction.
Hakam Singh v. Gammon (India) Ltd., When two or more courts have jurisdiction to entertain a suit, an
agreement by the parties to submit to the jurisdiction of any one of such
courts to the exclusion of other is valid and binding.
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Abdulla Bin Ali v. Galappa The jurisdiction of the court has to be decided on the allegations made
by the plaintiff in the plaint and not on the allegations made by the
defendant in the written statement.
LIC v. India Automobiles When a court of limited jurisdiction has jurisdiction todecide only a
particular dispute, it has jurisdiction to consider collateral issue only
prima facie and the jurisdiction of a civil court to decide such issue
finally is not taken away.
Shashi Prakash Khemka (Dead) through LRs. v. The Supreme Court observed that the jurisdiction of the civil court is
NEPC Micon (Now called NEPC India Ltd.) & Ors completely barred in matters in respect of which power has been
conferred on the National Company Law Tribunal.
Most Rev. P.M.A. Metropolitan v. Moran Mat The words 'civil nature' are wider than the words 'civil proceedings'.
Section 9 would be available in every case where the dispute has the
characteristics of affecting one's rights which are not only civil but of
civil nature.
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Sinha Ramanuja v. Ranga Ramanuja Supreme Court laid down the following guidelines to decide whether a
right to religious office would be a right or civil1. A suit for declaration of
religious honours simpliciter will not lie.2. Suit to establish one's right to
an office in a temple and honours, privileges etc. attached to that office
will be maintainable.3. The condition for existence of office is that the
holder of the office should be under a legal obligation to discharge the
duties attached to the office.
Sneh Lata Goel v. Pushplata Section 21 of the Code of Civil Procedure makes it clear that an objection
as to the want of territorial jurisdiction does not go to the root of the
jurisdiction. It does not constitute an inherent lack of jurisdiction.
Durgesh Sharma v. Jayshree, The power under Section 24 does not authorize a High Court to transfer
any suit, appeal etc from a court subordinate to that High Court to a
court not subordinate to that High Court.
Indian Overseas Bank v. Chemical Construction Balance of convenience is prime consideration for transfer of a suit.
Balance of convenience is neither convenience of plaintiff alone nor of
the defendant alone, but of both.
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Satyadhyan Ghosal v. Deorijin Debi The principle of res judicata is based on the need of giving finality to
judicial decisions. Primarily it applies between past litigation and future
litigation.
Workmen v. Board of Trustees, Cochin Port Trust Where any matter which might and ought to have been made a ground of
defence or attack in a former proceeding but wasnot so made then such a
matter is deemed to have been constructively in issue to avoid multiplicity
of litigation.
Daryao v. State of U.P Doctrine of res judicata is of universal application and it is a part of rule of
law
Iftikar Ahmed v. Syed Meharban Ali, A matter may be res judicata between co-plaintiffs and co-defendants also
if the following conditions are satisfied.
1. There must be a conflict of interest between co-plaintiffs and co-
defendants;
2. It must be necessary to decide such conflict in order to give relief to
the plaintiff;
3. The questions between co-defendants and co-plaintiffs must be finally
decided4. Co-defendants/plaintiffs were necessary or proper parties
to the former suit
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Sulochana Amma v. Narayana Nair, JT Rule of res judiciata would apply to all judicial proceedingswhether civil
(including arbitration, taxation etc.) or criminal. It equally applies to all
quasi judicial proceedings of the tribunal's administrative order.
Pandurang v. Shantabai, A matter in respect of which no relief is claimed cannot become 'directly
and substantially' in issue, even if a decree is passed by a competent court
Sheodhan Singh v. Daryo Kumar, Decision on the former suit must have been on merits and so matter
cannot be said to be finally decided when the former suit was dismissed
by trial court for want of jurisdiction or for default of plaintiff's
appearance, or on the ground of non-joinder or mis-joinder of parties etc.
State of U.P. v. Nawab Hussain, The general principles of res judicata and constructive res judiciata will be
applicable to writ petitions
Gulam Abbas v. State of Uttar Pradesh, Section 11 is not exhaustive.
Sardar Maloji, Nar Singh Roa v. Sankar Saran Rules laid down in Section 13 are rules of substantive law and not merely
procedural law.
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Kasturi v. Iyyamperumal Supreme Court laid down following two tests to determine whether a
party is necessary party:- (i)There must be right to some relief against
such party in respect of the matter involved in the proceeding in question;
and (ii) It should not be possible to pass effective decree in absence of
such a party.
Kalyan Singh v. Chhoti The principal consideration that should weigh with the court in granting
permission for representative suit is whether it is satisfied that there is
community of interest to justify the adoption of procedure laid down in
Order 1. Rule 8.
Pramod Kumar v. Zalak Singh, Embargo in Order 2 Rule 2 will arise only of the claim, which is omitted or
relinquished and the reliefs which are omitted and not claimed, arise from
one cause of action. If there is more than one cause of action then Order
2 Rule 2 will not apply.
Udhav Singh v. Madhav Rao Scindia All primary facts which must be proved at the trial by a party to establish
the existence of a cause of action or defence are material facts.
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Raja Ram v. Jai Prakash Singh, In cases of fraud, undue influence and coercion, full particulars must be
set forth in pleadings and case can only be decided on the particulars as
laid. Parties are supposed to plead precise nature of the influence unfair
advantage obtained by anothien.
M. Revanna v. Anjanamma Leave to amend may be refused if it introduces a totally different, new
and inconsistent case or challenges the funda mental character of the
suit.The burden is on the person who seeks an amendment after
commencement of trial to show that in spite of due diligence, such an
amendment could not have been sought earlier.
ONGC v. Modem Construction Co. When the plaint is filed in the proper court after getting returned from the
wrong court, it cannot be said to be a continuation of suit. The suit must
be deemed to commence when a plaint is filed in the proper court.
Kailash v. Nankhu, AIR 2005 SC 2441 Salem Outer time limit of 90 days for filing the written statement is not
Advocate Bar Association v. Union of India, mandatory. Court can extend the time for filing written statement beyond
(2005) 90 days but it should only be done in an exceptional circumstances and
routine orders cannot be passed. The court harmoniously constructed O.
8 R. 1, 9 and 10.
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G.P. Srivastava v. R.K. Raizada 'Sufficient cause' for the purpose of 0.9 R. 13 has to be construed as
elastic expression for which no hard or fast rule can be laid down. The
material date for deciding the 'sufficient cause' for non-appearance by the
defendant is the date on which ex parte decree was passed and not his
previous negligence or past defaults.
Sangram Singh v. Election Tribunal, Kotah, Ex parte proceedings do not mean that defendant cannot be allowed to
appear at all in subsequent proceedings of the suit. It only relates to the
particular day of hearing on which the defendant remains absent
Raghunath Das v. Union of India, AIR 1969 SC The primary object of the notice under Section 80 is to afford an
Bihari Chowdhary v. State of Bihar, opportunity to the Government or public officer to settle the claim put
forward by the prospective plaintiff and to avoid unnecessary litigation.
Ram Chandra Arya v. Man Singh and others, If a decree is passed against a minor without appointing a guardian the
decree is nullity.
Union Bank of India v. Khader International The word 'persons' mentioned in O. 33 R. 1 should be given liberal
Constructions interpretation. It must refer to natural persons as well as legal persons. A
public limited company can very well maintain the application under this
provision.
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Martin Burn Ltd. v. R.N. Banerjee Supreme Court held that a prima facie case does not mean a case proved
to the hilt but a case which can be said to be established if the evidence
which is led in support of the same were believed.
Manohar Lal Chopra v. Seth Hiralal, Supreme Court held that even if the case is not covered under the
grounds mentioned in Order 39 interim injunction can be granted by the
court in exercise of inherent powers under Section 151 of the Code
Morgan Stanley Mutual Fund v. Kartick Das, Supreme Court laid down following factors which must guide the court
before granting ex parte interim injunction:(a) Whether the refusal of ex
parte interim injunction would involve a greater injustice than the grant of
it would involve;(b) The court would expect utmost good faith from the
party applying for grant of ex parte interim injunction;(c) Whether
irreparable and serious mischief will ensue to the plaintiff;(d) General
principles like prima facie case, balance of convenience and irreparable
loss would also be considered by the court;(e) Even if ex parte interim
injunction is granted it would be for a limited peri
Gujarat Agro Industries Ltd. v. Municipal Appeal is a creature of statute and it is not an inherent right
Corporation,
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Manohar Shankar Nale v. Jaipalsing Shivlalsing Where a review petition is dismissed, the doctrine of merger will have no
Rajput, application whatsoever. It is one thing to say that the judgment debtor
was entitled to file an application for review in terms of S. 114 read with
O. 47, R. 1 of C.P.C. but another thing to say that the decree passed in
favour of the decree holder merged with the order dismissing the review
application.
Afcons Infrastructure Ltd. v. Cherian Varkey Court enumerated the case in which ADR processes can be resorted to:-1.
Constructions Co. (P) Ltd. All cases relating to trade, commerce and contracts.
2. All cases arising from strained relationship, such asmatrimonial cases.
3. All cases where there is need for continuance of pre-existing
relationships.
4. All cases relating to tortious liability, including motor accidents claims.
5. All consumer disputes.Civil courts should invariably refer cases falling in
above cat- egory to ADR processes. Only in certain recognized excluded
categories the court need not refer to ADR process.
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Banwari Lal v. Chando Devi A court passing a compromise decree performs a judicial act and not a
ministerial act. Therefore, the court must satisfy itself that the agreement
is lawful and it can pass a decree in accordance with it and that such
decree can be enforced against all the parties to the compromise.
Shankar v. Balakrishna, A compromise decree is not a decision on merits and it cannot be said
that the case was 'heard and finally decided'. It is based on consent and
therefore, will operate as 'estoppel'.