Category Archives: Civil Procedure

Law Notes – Civil Procedure

Hierarchy Of Civil Courts In India

Hierarchy Of Civil Courts In India | Overview Introduction Judicial System during British Era Current Judicial System in India The Hierarchy and the nomenclature of these civil courts vary in different states Conclusion 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… Read More »

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 the courts, rather it depends more on the right implementation of the ‘common law rules’ and doctrines, which are there to increase the pace of getting… Read More »

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 was passed in the year 1908. The Law relating to the practices and procedures to be followed in the Civil Courts is regulated by the Code of Civil Procedure,… Read More »

Introduction to Civil Procedure Code

Introduction 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 followed by the civil court. Laws can be divided into two groups – Substantive law Adjective or Procedural Law The substantive law determines the… Read More »

Appeals | Part VII of Civil Procedure Code, 1908

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 case. A judge, though trained to decide such disputes while applying the correct law and expounding it too to fit into the facts, is ultimately a… Read More »

Difference between Decree and Order

The essence of the distinction between decree and order lies in the nature of the decision rather than the manner of its expression. I. Decree As per Section 2(2), of the Civil Procedure Code defines the term. A decree is the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights… Read More »