Order II of the Civil Procedure Code deals with the framing of suit. It lays down the rules as to how a suit should be framed.
While drafting a plaint, the plaintiff must draft his plaint in such a way that includes all the important assertions and the claims that the plaintiff wishes to put before the court.KEEP READING
An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; it is hereby enacted as follows- PRELIMINARY – SECTION 1 to 8KEEP READING
SUITS IN GENERAL – PART I – SECTION 9-35B – CPC Jurisdiction of the Courts and Res-judicata Section 9. Courts to try all civil suits unless barred. The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of whichKEEP READING
EXECUTION – PART II – Section 36 to 74 – CIVIL PROCEDURE CODE (CPC) General Section 36. Application to orders. The provisions of this Code relating to the execution of decree (including provisions relating to payment under a decree) shall, so far as they are applicable, be deemed to applyKEEP READING
INCIDENTAL PROCEEDINGS – PART III, Section 75-78 of CIVIL PROCEDURE CODE (CPC) Commissions Section 75. Power of court to issue commissions. Subject to such conditions and limitations as may be prescribed, the court may issue a commission- (a) to examine any person; (b) to make a local investigation; (c) toKEEP READING
SUITS IN PARTICULAR CASES – PART IV, Section 79 to 88 of CIVIL PROCEDURE CODE (CPC) Suits by or against the Government or public officers in their official capacity. Section 79. Suits by or against Government. In a suit by or against the Government, the authority to be named asKEEP READING
SPECIAL PROCEEDINGS – PART V, Section 89-93 of CIVIL PROCEDURE CODE (CPC) Arbitration Section 89. [Arbitration] Rep. by the Arbitration Act, 1940 (10 of 1940), s. 49 and Sch. III Special case Section 90. Power to state case for opinion of Court. Where any person agree in writing to stateKEEP READING
SUPPLEMENTAL PROCEEDINGS – PART VI, Section 94-95 of CIVIL PROCEDURE CODE (CPC) Section 94. Supplemental Proceedings. In order to prevent the ends of justice from being, defeated the Court may, if it is to prescribed,- (a) issue a warrant to arrest the defendant and bring him before the Court toKEEP READING
APPEALS – PART VII, Section 96-112 of CIVIL PROCEDURE CODE (CPC) Appeals from original decrees Section 96. Appeal from original decree. (1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from everyKEEP READING
REFERENCE, REVIEW, AND REVISION – PART VIII, Section 113-115 of CIVIL PROCEDURE CODE (CPC) Section 113. Reference to High Court. Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the HighKEEP READING
SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER – PART IX, Section 116-120 of CIVIL PROCEDURE CODE (CPC) Section 116. Part to apply only to certain High Courts. This Part applies only to High Courts not being the Court of a Judicial Commissioner.KEEP READING
RULES – PART X, Section 121-131 of CIVIL PROCEDURE CODE (CPC) Section 121. Effect of rules in First Schedule. The rules in First Schedule shall have effect as if enacted in the body of this Code until annulled or altered in accordance with the provisions of this Part. Section 122.KEEP READING
MISCELLANEOUS – PART XI, Section 132-158 of CIVIL PROCEDURE CODE (CPC) Section 132. Exemption of certain women from personal appearance. (1) Women who, according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal appearance in Court. (2) NothingKEEP READING
ORDER I of CIVIL PROCEDURE CODE (CPC) – PARTIES TO SUITS 1. Who may be joined as plaintiffs. All persons may be joined in one suit as plaintiffs where- (a) any right to relief in respect of, or arising out of, the same act or transaction or series of actsKEEP READING
ORDER II of CIVIL PROCEDURE CODE (CPC) – FRAME OF SUIT 1. Frame of suit. Every suit shall as far as practicable be framed so as to afford ground for final decision upon the subjects in dispute and to prevent further litigation concerning them. 2. Suit to include the wholeKEEP READING
ORDER III of CIVIL PROCEDURE CODE (CPC) – RECOGNISED AGENTS AND PLEADERS 1. Appearances, etc, may be in person, by recognised agent or by pleader. Any appearance, application or act in or to any Court, required or authorised by law to be made or done by a party in suchKEEP READING
