Category Archives: Civil Procedure

The Civil Procedure Code is a procedural law related to the administration of civil proceedings. Law Bites provides you with study material to solve all your questions related to code.

Filing of Suit by or against the Government or Public Officers under CPC, 1908

Filing of Suit by or against the Government or Public Officers under CPC, 1908 | Overview Introduction Analysis of Procedure under Section 79 Notice under Section 80 Execution of a Decree against the Government In case of a breach, even the government can sue the other party or be sued. This article shall delve into the aspects of……...

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Revision under the Code of Civil Procedure, 1908

Revision under the Code of Civil Procedure, 1908 | Overview Introduction Nature and Scope of Section 115 Object of Revisionary Jurisdiction Conditions for Exercising Revisionary Powers Section 115 of CPC and Article 227 of Constitution Revision is the power of the High Courts to scrutinise any judgment pronounced by a subordinate court and ensuring that the judgment was……...

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Meaning and Procedure of Review under the Code of Civil Procedure, 1908

Review of a judgment passed by a lower civil court is a substantive right under Section 114 of the Civil Procedure Code and Order XLVII prescribes the conditions and procedure to review a judgment. This article aims to explain this meaning and procedure of review under CPC. Introduction The Latin doctrine ‘functus officio’ is applicable with respect to……...

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Meaning and Procedure of Second Appeal under the Civil Procedure Code, 1908

Meaning and Procedure of Second Appeal under the Civil Procedure Code, 1908 | Overview Introduction Features of Section 100, CPC Evolution of Section 100 Limitations to the Second Appeal Powers of the Appellate Court Under the Code of Civil Procedure, appeal to the High Court is referred to as the second appeal since the High Court is a……...

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Appeal from Original Decree and Order: A Comprehensive Analysis

Appeal is a statutory right of every person aggrieved by any order or judgment of a court to approach a higher court for a reversal of the order. This article shall provide a comprehensive analysis of appeal from original decree and order under the Civil Procedure Code, 1908. Introduction The Code (hereinafter ‘CPC’) does not define the term……...

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Comprehending the Concept of Foreign Judgment under the CPC, 1908

When there is a dispute between two individuals or entities residing or situated in two countries, the dispute can be resolved by either country’s court. When a court outside India passes a judgment involving an Indian citizen, it is a foreign judgment. This article shall focus on comprehending the concept of a foreign judgment under the Code of……...

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Meaning, Need and Procedure of Adjournment under CPC, 1908

The term adjourn, in layman’s term, means to postpone or to discontinue. The Code of Civil Procedure, 1908 does not define the term but, however, Order XVII deals with adjournment specifically. This article deals with the meaning, need and procedure of adjournment under the Code of Civil Procedure, 1908. Introduction “The court is adjourned!”. This is a very……...

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Concepts of Admission and Affidavits under the Code of Civil Procedure, 1908

Admission under the Evidence Act, 1872 means, in simple terms, the acceptance of the statements or facts by the party who is referred to such fact. Under the Civil Procedure, examination-in-chief takes place through affidavits and all admissions are done through affidavits as well. Hence, this article shall assist in understanding the concepts of admission and affidavits under……...

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Commencement of a Trial under the Code of Civil Procedure, 1908

Commencement of a Trial under the Code of Civil Procedure, 1908 | Overview Introduction Discovery and Inspection of Truth Framing of Issues Hearings in the Suit This article “Commencement of a Trial under the Code of Civil Procedure, 1908” shall look into the analysis of the procedure followed after a trial commences. The trial in a civil suit commences……...

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Abatement of Suit and Substitution of Parties: Meaning and Procedure

There can be many circumstances when either of the parties to the suit may die or the subject matter of the suit does not exist anymore. To deal with these situations, the Code of Civil Procedure entails Order XXII containing the meaning and procedure of Abatement of Suit and Substitution of Parties under the CPC. Introduction ‘A’ was……...

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