Code of Civil Procedure, 1908 – Notes, Case Laws And Study Material

The Code of Civil Procedure, 1908 (CPC) is an adjective law. It neither creates nor takes away any right. It is intended to regulate the procedure to be followed by civil courts. The Code of Civil Procedure came into effect on 1 January 1909. The objective of the Code is to consolidate and amend the laws related to the procedure of the Courts of Civil Judicature.

This course is divided into eight modules to provide readers with a comprehensive understanding of the Code of Civil Procedure. The systematic approach of the study material covers the vast scope of the law. Our well researched and in-depth articles, as well as the 10-part series of important questions provided towards the end of the course, have been curated to help readers master the intricacies of this essential law.

Read and learn about the Code of Civil Procedure only on Legal Bites.

Important articles and study material on Civil Procedure Code – Click on the links to Read:

Module I: Introduction

• Introduction to Civil Procedure Code
• History of the code
• Important definitions under CPC
• Difference between Decree and Order

Module II: General Principles

• Jurisdiction under the Code of Civil Procedure
• Hierarchy Of Civil Courts In India
• Bar on suits- Suits of civil nature (Sec.9);
• Doctrine of Res sub judice
• Doctrine of Res judicata
• Res Sub Judice and Res Judicata
• Foreign Judgment (Sec. 13, 14);
• Place of Suits (Ss. 15 to 20);
• Transfer of Suits: Application, Grounds and Scope
• Notice
• Caveat: Introduction, Meaning and Scope
• Inherent Power of Court (Meaning, Scope, Exercise, Regulations)

Module III: Civil Pleadings 

• Definition and Fundamental Rules of Pleadings
• Plaint, Return and Rejection of a Plaint
• General Rules of Plaint
• General Rules of Denial
• Limitation for Filing Written Statement under CPC
• Doctrine of Non-Traversal
• Joinder, Re-joinder and Misjoinder
• Misjoinder of Causes of Action & Multifariousness

Module IV    

• Summons – Issue & Service of Summons
• Appearance of Parties and Examination of Parties
• Appearance and Non-Appearance of Parties before a Court
• Abatement & Substitution

Module V

• Commencement of a Trial under the Code of Civil Procedure, 1908
• Admission and Affidavit
• Adjournment
• Death, marriage-Insolvency of the parties (O.22)
• Withdrawal and compromise of suits (O.23)

Module VI: Judgement 

• Judgment and Decree
• Comprehending the Concept of Foreign Judgment
• Appeal (Ss. 96, 107; Ord. XLI Rr. 1, 5, 23, 23A, 24, 25, 27) – Appeal from Orders (S. 104; Ord. XLIII)
• Appeals | Part VII of Civil Procedure Code, 1908
• Second Appeal (S. 100; Ord. XLII)
• Meaning and Procedure of Review under the Code of Civil Procedure, 1908
• Revision (S. 115)
• Application to Miscellaneous Proceedings (S. 141)

Module VII

• Suits in particular cases;
• Suits by or against Governments (Sec. 79 to 82, O.27)
• Suits by aliens and by or against foreign rulers, ambassadors (Sec. 85 to 87)
• Suits relating to public matters (Sec. 91 to 93)
• Suits by or against firms (O.30)
• Suits by or against minors 75, O.26);
• Arrest before judgment and attachments before judgment (O.38);
• Temporary injunctions (O.39);
• Appointment of receivers (O.40);
• Appeals (Ss. 90 to 109, O.41, 42, 43, 45);
• Reference- Review and Revision (Ss. 113, 114, 115, O.46, O.46); Caveat (Sec. 144.A)
• Inherent Powers of the Court under CPC

Module VIII

• The General Principle of Execution of a Decree
• Power of Executing Court: Introduction, Explanation & Limitation
• Transfer of Decrees for Execution
• Modes of Execution of a Decree

Important Questions for Exams | Judiciary, University, APO etc.

1. CPC Mains Questions Series: Important Questions Part – I of X
2. CPC Mains Questions Series: Important Questions Part – II of X
3. CPC Mains Questions Series: Important Questions Part – III of X
4. CPC Mains Questions Series: Important Questions Part – IV of X
5. CPC Mains Questions Series: Important Questions Part – V of X
6. CPC Mains Questions Series: Important Questions Part – VI of X
7. CPC Mains Questions Series: Important Questions Part – VII of X
8. CPC Mains Questions Series: Important Questions Part – VIII of X
9. CPC Mains Questions Series: Important Questions Part – IX of X
10. CPC Mains Questions Series: Important Questions Part – X of X

Your valuable feedback in the form of comments or any desired inputs are encouraged and always welcome. Every contribution toward a goal is valuable, regardless of how small it may be.