CODE of CIVIL PROCEDURE 1908 Introduction q Statute

CODE of CIVIL PROCEDURE • 1908

Introduction q Statute Prescribing law relating to procedure of Civil Courts; Structure Ø 158 Sections in First (main) part; Ø 51 ORDERS in Second part (contain Rules); Scheme Sections - Basic Principles Creating Jurisdiction; Rules Detailed Procedure for Exercising Jurisdiction;

Some Basic Definitions (S. 2) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Decree (2) Decree-holder (3) Government Pleader (7) Judge (8) Judgment (9) Judgment-debtor (10) Legal representatives (11) Mesne profits (12) Order (14) Caveat : (S. 148 A)

Proceedings in Civil Courts q 1. 2. 3. 4. q 1. 2. 3. In Original / Trial Courts Original Suits of a Civil nature; Original Applications; Interlocutory Applications; Miscellaneous Applications including Reviews; In Superior Courts References; Revisions; Appeals;

The Most Basic Proceeding ---- “Suit of a Civil Nature”

Meaning & Scope (S. 9) q q Virtually Limitless connotation; Can involve disputes for Rights to a) b) Property or, Office a. Even if purely dependant on religious rites/ceremonies; b. With / Without Fees; c. Irrespective of being attached to any particular place;

S. 9 - The Bottomline q q Virtually any dispute or actionable grievance a potential Suit of Civil nature; Limiting clause – “unless expressly or impliedly barred”;

Typical Civil Suits Title Suits; Ø Money Suits; Ø Matrimonial Suits; Ø Guardianship Cases; Ø Succession Matters etc. ; Ø

“Jurisdiction” Ú The competency of a Court to entertain/ adjudicate upon any particular subject matter; Types of Jurisdiction: i) Pecuniary, ii) Territorial, iii) Of Subject matter;

Filing of Suits q In Court of Lowest Grade competent to try (S. 15); q Place of Suing (S. 16) – a. For immovable property – Where situated; b. If situated in different places - in any of those Courts or, c. Where Defendant resides / works for gain or, d. Where cause of action / part arises;

Finality of Proceedings -I u S. 10: Stay of Suits - the matter in issue is directly and substantially same, as in a former suit between same parties – u If Ø No Court to proceed with Trial in a suit, till decision of earlier Suit,

The Finality -II u. S. 11: Res – Judicata - If the in issue matter is directly & substantially same, as in a former suit – ØA suit / Issue already decided not to be reopened / re-adjudicated subsequently between same parties, or those claiming through them;

Stages in Suit hearing / trials 1. Filing in Court, 2. Preliminary Scrutiny (O. VII), 3. Issuance of Summons / Notices (O. V), 4. Ascertaining Contest after Service (O. IX), 5. Completion of pleadings (WS etc. ) (O. VIII), 6. Disposal of Interlocutory Applications,

Stages in Suit Hearing / Trials 7. Framing of Issues (At any stage), 8. Discovery, Inspection /Admissions (O. XI); 9. 10. Ø 11. Evidence of plaintiff (s); Evidence of defence side(Order XVIII); Cross-examination of witnesses giving evidence in chief by way of affidavits (Post amendment); Arguments;

The Conclusion 12. Judgment (O. XX);

The Conclusion 13. Execution – If not complied within specified time;