Overview of the Code of Civil Procedure, 1908 (CPC)
The Code of Civil Procedure, 1908 (CPC) is a procedural law that governs the process of civil litigation in India. It provides the framework for how civil courts function, ensuring fair trial, justice, and uniformity in civil proceedings.
⚖️ 1. Objective of CPC
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To regulate procedure of civil courts
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To ensure justice, fairness, and efficiency
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To provide a mechanism for enforcement of rights
📌 CPC is procedural law, not substantive law
🧾 2. Structure of CPC
The CPC consists of:
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158 Sections (substantive provisions)
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51 Orders (procedural rules)
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Schedules (detailed rules)
📌 Orders and Rules are very important for exams
🏛️ 3. Jurisdiction of Civil Courts
🔹 Section 9 – Jurisdiction
Civil courts have jurisdiction to try all suits of civil nature unless barred.
Types of Jurisdiction:
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Territorial
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Pecuniary
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Subject-matter
📍 4. Institution of Suit
🔹 Sections 26 & Order IV
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Suit begins by filing a plaint
Essentials of Plaint (Order VII):
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Name of parties
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Cause of action
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Relief claimed
📜 5. Pleadings
🔹 Order VI
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Includes plaint and written statement
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Must contain material facts only (not evidence)
🧾 6. Written Statement
🔹 Order VIII
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Filed by defendant
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Must specifically deny allegations
📌 Non-denial may be treated as admission
⚖️ 7. Framing of Issues
🔹 Order XIV
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Issues are framed when material facts are disputed
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Helps court identify points for decision
📑 8. Trial & Evidence
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Examination of witnesses
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Production of documents
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Cross-examination
⚖️ 9. Judgment & Decree
🔹 Section 2 Definitions:
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Judgment: Statement of reasons
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Decree: Formal expression of adjudication
📌 Every decree follows a judgment
🔄 10. Execution of Decree
🔹 Sections 36–74 & Order XXI
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Process to enforce court’s decree
Methods:
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Attachment of property
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Arrest & detention
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Sale of property
🔁 11. Appeals
🔹 Sections 96–112
Types:
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First Appeal (Sec 96)
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Second Appeal (Sec 100)
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Appeal from Orders (Sec 104)
🔍 12. Review & Revision
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Review (Sec 114, Order XLVII)
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Revision (Sec 115)
📌 Used to correct errors
🚫 13. Res Judicata
🔹 Section 11
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Matter already decided cannot be re-litigated
📌 Based on principle: finality of litigation
⛔ 14. Res Sub Judice
🔹 Section 10
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Stay of suit when similar matter is pending
🛡️ 15. Temporary Injunction & Interlocutory Orders
🔹 Order XXXIX
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Prevents harm during pendency of suit
🤝 16. Alternative Dispute Resolution (ADR)
🔹 Section 89
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Includes:
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Arbitration
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Mediation
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Conciliation
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Lok Adalat
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🧍 17. Parties to Suit
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Necessary party
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Proper party
📌 Misjoinder & non-joinder rules apply
⚖️ 18. Important Doctrines
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Res Judicata
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Res Sub Judice
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Constructive Res Judicata
🇮🇳 19. Importance in Judicial Exams
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Highly scoring subject
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Questions from:
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Orders & Rules
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Case-based problems
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Definitions
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🎯 20. Exam Strategy (WBJS Focus)
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📌 Remember Sections + Order numbers
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📌 Focus on:
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Order 7 (Plaint)
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Order 8 (Written Statement)
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Order 14 (Issues)
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Order 21 (Execution)
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📌 Practice problem-based questions
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📌 Revise definitions regularly
🧠 Final Note
The CPC is the backbone of civil litigation, and strong command over its provisions is essential for success in judicial service examinations.