Category Archives: Civil Procedure

Law Notes – Civil Procedure

Meaning and Procedure of Judgment and Decree under CPC, 1908

A very minute confusion always exists in the mind of people (including lawyers) with respect to the difference between judgment and decree. This article shall analyse the meaning and procedure of judgment and decree under the Code of Civil Procedure, 1908. It shall further explain the difference between judgment and decree. Introduction Section 2 (2) of the Code… Read More »

History of the Code of Civil Procedure

History of the Code of Civil Procedure | Overview Introduction Highlights of Amendment Act, 1976 Amendment Act of 1999 and 2002 Codification of CPC Object Retrospective Operation Introduction The Uniform Code of Civil Procedure in the Republic of India first came into effect in 1859. Before that, there have been numerous kind of civil law procedure followed in… Read More »

Place of Suits in Civil Litigation

The foremost thing which is to be determined during the filing of a suit is the place of suing. This decides the place for trial and it has nothing to do with the competency of the court. In this article, we will learn all about the place of suits. Introduction Suits are generally of various kinds depending upon… Read More »

Res Sub Judice: Object, Scope and Application

Res Sub Judice | Overview Introduction Object of Res Sub Judice Scope Conditions Res judicata and res sub-judice Suit Pending in a foreign court Inherent power to stay Contravention Interim orders Res Sub-Judice and Lis Pendens Introduction Section 10 of the Code of Civil Procedure, 1908 deals with the principle of res sub judice. The principle bars the… Read More »

Res Judicata: Meaning, Application and Explanation

Introduction Res judicata is a plea prescribed under section 11 of the Code of Civil Procedure. It is a doctrine applied to give finality to a lis in original or appellate proceedings. The doctrine in substance means that an issue or a point decided and having attained finality, should not be allowed to be re-opened and re-agitated over… Read More »

Bar of Suits

Bar of Suits | Overview Introduction Scope Proceedings under SARFAESI Act, 2002 Suits not termed as Civil Suit Suits Impliedly Barred Civil Suits Not Barred Important Case Laws This article on the bar of suits discusses the scope of section 9 of CPC by outlining the suits impliedly barred, civil suits not barred and it also deals with… Read More »

Limitation in the filing of Written Statement

In this article, we will discuss the limitation in the filing of a Written Statement. Order 8 Rule 1 provides that a Written Statement ordinarily be filed within a period of 30 days, however, an extension of 90 days can be granted by recording the reasons in writing and the payment of costs as it deems fit to… Read More »

Jurisdiction under Code of Civil Procedure 1908

Introduction The word jurisdiction is not defined under the Code of Civil Procedure. It has been derived from Latin terms “Juris” and “dicto” which denote “I speak by the law”. Jurisdiction means the authority to decide.[1] It also denotes the authority vested with a court to administer justice not only in respect to the subject-matter of the suit but… Read More »

Foreign Judgement – Meaning, Nature and Jurisdiction

Introduction The term “foreign judgement” defined under section 2(6) of the Code of Civil Procedure means the judgement of a foreign court. And ‘foreign court’ defined under section 2(5) of the code means a court situated outside India and not established by the authority of the Central Government. A decree passed before the partition of India by a… Read More »

General Rules of Denial

Introduction The Rule of denial is prescribed under Order VIII Rule 3, read with Rule 4 and 5, where the defendant is bound to deal thoroughly through each of the issues; he must either deny or state the substance of each of the issues. “The main allegations which form the foundation of the suit should be dealt with… Read More »