Important Provisions in Civil Procedure Code, 1908

22 Nov 2022  Read 581 Views

When it comes to procedural laws, the Code of Civil and Criminal Procedures are the two laws that come into play. Since both are procedural laws, there is a noticeable difference in the thickness of bare acts of both compared to bare acts of other substantive laws. This extra-thickness brings some extra apprehension in the minds of students who are preparing either for semester exams or any competitive exams because it gets really difficult to comprehend each and every provision in a short period of time.

At this point, an obvious approach for any student is to focus more on any subject's important provisions. To make this approach even easier, we’re here to table some of the important provisions of the Code of Civil Procedure which will help you to grab the most out of this subject.  

Before we proceed to the main content, it should be kept in mind that before focusing on the important Sections and Orders of CPC, a student must go through all the provisions so to have a brief understanding of the subject. A student must be familiar with the provisions of the subject before directly jumping into the ‘important only’ provisions. The provisions in procedural law are inter-connected with other provisions, and therefore it becomes important to at least address all the provisions so to understand the underlying concept.

Important Sections in Civil Procedure Code

The important provisions below are arranged as per the Code of Civil Procedure index, 1908. 

Preliminary [Section 01-08]

  • Section 1- Note the basics of the Code like extent, enforcement date etc.

  • Section 2- Read all the definitions but give more importance to clauses 2, 3, 5, 6, 9, 10, 11, 12, 14, 17, 19.

  • Section 5- CPC’s application in Revenue Courts.

  • Section 6- Pecuniary Jurisdiction in CPC.

Part I – Suits in General [Section 09-35B] - All Important

  • Part I deals about Suits. It is foundation of CPC and so all the provisions shall be dealt exhaustively. 

Part II – Execution [Section 36-74]

  • Section 38: Provides that Decree can be executed by which Courts.

  • Section 39: Deals with transfer of decrees.

  • Section 42: Deals with power of Court to execute transferred decrees.

  • Section 46: Precepts

  • Section 50: Legal Representative

  • Section 51: Power of Courts to order execution.

  • Section 54: Partition of estate.

  • Section 55: Arrest and detention for execution of decree.

  • Section 56: Women prohibited from arrest in execution.

  • Section 60: Property that can be attached in execution (Very important)

  • Section 73: Proceeds to be distributed ratably amongst decree-holders.

  • Section 74: Resistance to execution.

Part III – Incidental Proceedings [Section 75-78]

  • Section 75: Court’s power to issue Commissions; clauses (a)-(g) are very important.

  • Section 77: Letter of request.

Part IV – Suits in Particular Cases [Section 79-88]

  • Section 79: Suits by or against Central and State Government.

  • Section 80: Notice to be sent to Government before instituting suit. 

  • Section 82: Deals with execution of decree against Government.

  • Section 88: Interpleader Suit- concept and when they can be filed.

Part V – Special Proceedings [Section 89-93]

  • Section 89: Settlement of disputes through Arbitration, Mediation etc.

  • Section 91 and 91: Brief reading on public nuisances and public charities.

Part VII – Appeals [Section 96-112]- All Important

  • Section 96 to 112: All the provisions are important. Read all of them exhaustively with detailed concept. 

Part VIII – Reference, Review and Revision [Section 113-115] - All Important

  • Just like Part 07, these three Sections are also very important. 

Part X – Rules [Section 121-131]

  • Section 122: Power of High Courts to make rules.

  • Section 123: Rules Committee.

Part XI – Miscellaneous [Section 132-158]

  • Section 132-135A: Exemptions to certain class.

  • Section 144: Application for Restitution.

  • Section 148: Time enlargement by Court.

  • Section 148A: Caveat- concept and when it is filed

  • Section 151: Inherent powers of the Court.

  • Section 152: Amendments in Orders and Decrees by Court

  • Section 153: General Powers of Court to amend.

Orders in CPC

  • Order I - Parties to Suits.

  • Order II - Frame of Suits.

  • Order IV – Institution of Suits

  • Order V – Issue and Service of Summons

  • Order VI – Pleadings Generally

  • Order VII – Plaint

  • Order VIII – Written Statement, Set-off and Counter Claim.

  • Order IX - Appearance of Parties and Consequence of Non-Appearance.

  • Order X – Examination of Parties by the Court

  • Order XI – Discovery and Inspection

  • Order XIV - Settlement of Issues and determination of Suit on Issues of Law or on Issues agreed upon

  • Order XV - Disposal of the Suit at the First Hearing.

  • Order XVII – Adjournments

  • Order XX – Judgment and Decree (20)

  • Order XXA – Costs

  • Order XXI – Execution of Decrees and Orders (cover only these parts)

  1. Payment under Decree (Rule 01-02)

  2. Courts executing Decrees (Rule 03-09)

  3. Stay of Execution (Rule 26-29)

  4. Mode of Execution (Rule 30-36)

  5. Arrest and Detention in the Civil Prison (Rule 37-40).

  6. Attachment of Property (Rule 41-57)

  • Order XXII – Death, Marriage and Insolvency of Parties.

  • Order XXIII – Withdrawal and Adjustment of Suits

  • Order XXVI – Commissions

  • Order XXXII - Suits by or Against Minors and Persons of Unsound Mind.

  • Order XXXIII – Suits by Indigent Persons

  • Order XXXV – Interpleader

  • Order XXXIX - Temporary Injunctions and Interlocutory Orders

  • Order XLI - Appeals from Original Decrees

  • Order XLII – Appeals from Appellate Decree

  • Order XLIII – Appeals from Orders.

  • Order XLV – Appeals to the Supreme Court.

  • Order XLVI – Reference

  • Order XLVII – Review

It is reiterated that CPC is a vast subject, and one cannot pick and choose individual chapters or provisions for any sort of preparation. It is in the great interest of the students to be thorough with the subject and then go for revising the important provisions.

About the Author: Kakoli Nath | 110 Post(s)

Kakoli Nath is a legal Content Curator at Finology Legal who pursued BBA.LL.B (5 years integrated course) & she is a patent analyst. She has pursued advanced certification in Forensics Psychology and Criminal Profiling from IFS, Pune.

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