Civil Procedure

Law Notes – Civil Procedure

Res Sub Judice and Res Judicata

Introduction: One of the Yardsticks of Assessing the Functioning of the courts is to assess the ‘Judicial Efficiency’. The Judicial Efficiency is not only dependent on the working of the judges and…

Important definitions under CPC

Section 2 of Civil Procedure Code provides definitions relating to the civil law. This article describes some of the important definitions described in CPC. Introduction The Civil procedure code wa…

Introduction to Civil Procedure Code

The Civil Procedure Code was passed in 1908 and came into force from 1st January 1909. The Civil Procedure Code neither creates nor takes away any right. It is intended to regulate the procedures f…

Appeals

INTRODUCTION The judicial process in India depends on the application of ‘judicial mind’ and ‘judicial reasoning’ to decide a dispute. This application of mind is made by the judge, who hears the c…

Hierarchy Of Civil Courts In India

Introduction: The judiciary’, 3rd pillar of the democracy, must be suitable to the needs of the country if the peace is to exist in the country. The structure of the courts for that purpose, …

AFFIDAVITS

Order XIX deals with affidavits. An affidavit is essentially a sworn statement in writing under oath or affirmation before an authorized officer or a Magistrate. The essentials of an affidavit may …

ADJOURNMENT

Where hearing of a suit has begun, the same must be continued day to day and an adjournment must be allowed only for unavoidable reasons. The power to grant adjournment is not subject to definite r…

RESTITUTION

Restitution means restoring a thing to its proper owner The doctrine of restitution essentially provides that on reversal of a decree an obligation is cast upon the party who has received an unjust…

WITHDRAWAL AND ADJUSTMENT OF SUITS

Withdrawal Order 23 deals with withdrawal and compromise of suits. Such withdrawal may be with the leave of the court (qualified) or without the leave of the court (absolute). Rule 1 deals with bot…

SETTLEMENT OF DISPUTE OUTSIDE COURT

  This has been provided under S.89 of the Code which was introduced by the amendment of 1999 based on the recommendations of the Law Commission and the Malimath Committee. The main object beh…