Important Orders and Rules in CPC: Frequently Used Civil Procedure Code Provisions
A practical, court-oriented reference to commonly used provisions of the Code of Civil Procedure, 1908 (CPC), covering parties, pleadings, summons, documents, evidence, execution, commissions, appeals and review.
Reviewed: 1 September 2026
Important: This is a ready-reference guide, not a substitute for the statutory text. State amendments, High Court rules and special statutes may alter the procedure applicable in a particular court. Commercial disputes are also subject to the special CPC amendments made by the Commercial Courts Act, 2015.
Parties, Pleadings, Summons and Appearance
| Purpose | CPC provision | Practical reference |
|---|---|---|
| Add or strike out a party | Order I Rule 10 | Court may add a necessary/proper party or strike out an improperly joined party. |
| Amend plaint after addition of defendant | Order I Rule 10(4) | Plaint is amended as necessary after a defendant is added. |
| Substituted service of summons | Order V Rule 20 | Used when the Court is satisfied that ordinary service cannot be effected in the circumstances specified by the rule. |
| Amendment of pleadings | Order VI Rule 17 | After trial begins, the due-diligence proviso applies. |
| Documents relied upon by plaintiff | Order VII Rule 14 | Rule 14(3) concerns later production with leave of Court. |
| Subsequent / additional written statement | Order VIII Rule 9 | Subsequent pleadings require leave except as provided by the rule; Court may also require a written statement/additional written statement. |
| Set aside order proceeding ex parte | Order IX Rule 7 | Applies where the hearing has been adjourned after the defendant was proceeded against ex parte. |
| Restore suit dismissed for plaintiff's default | Order IX Rule 9 | Application to set aside dismissal under Rule 8, subject to sufficient cause and other requirements. |
| Set aside ex parte decree | Order IX Rule 13 | Available on the statutory grounds stated in the rule. |
Documents, Witnesses and Evidence
| Purpose | CPC provision | Practical reference |
|---|---|---|
| Court-ordered production of documents | Order XI Rule 14 | General CPC discovery provision; commercial disputes have a modified disclosure/discovery regime. |
| Inspection of documents referred to in pleadings or affidavits | Order XI Rule 15 | General CPC provision, subject to applicable amendments. |
| Notice to produce documents | Order XII Rule 8 | Notice may be given for production of documents in the manner contemplated by the rule. |
| Return of rejected documents | Order XIII Rule 7 | Deals with recording of admitted documents and return of rejected documents. |
| Return of admitted documents | Order XIII Rule 9 | Return is governed by the conditions in the rule. |
| Summoning witnesses | Order XVI Rule 1 | List of witnesses and summons to persons required to give evidence or produce documents. |
| Summons to produce document only | Order XVI Rule 6 | A person may be summoned merely to produce a document without being summoned to give evidence. |
| Person present in Court required to give evidence or produce document | Order XVI Rule 7 | Court may require a person present in Court to give evidence or produce a document then in that person's possession or power. |
| Adjournment | Order XVII Rule 1 | Adjournments are controlled by statutory conditions, reasons and costs. |
| Recall and examination of witness by Court | Order XVIII Rule 17 | Court may recall a witness already examined and put questions as it thinks fit. |
Judgment, Decree and Execution
| Purpose | CPC provision | Practical reference |
|---|---|---|
| Payment of decretal amount by instalments after decree | Order XX Rule 11(2) | After decree, instalments ordinarily require the decree-holder's consent, subject to the rule. |
| Stay by executing Court to permit application to appropriate Court | Order XXI Rule 26 | Temporary stay power in transferred-decree situations covered by the rule. |
| Delivery of specific movable property | Order XXI Rule 31 | Execution of decree for specific movable property. |
| Delivery of immovable property | Order XXI Rule 35 | Possession may be delivered to the decree-holder/person appointed to receive it. |
| Access to building or enclosure for delivery of possession | Order XXI Rule 35(3) | Court officers may take the steps authorised by the rule after required warning/facilities are given. |
| Attachment of movable property other than agricultural produce | Order XXI Rule 43 | Attachment by actual seizure, subject to the rule. |
| Attachment of agricultural produce | Order XXI Rule 44 | Procedure for attachment of agricultural produce. |
| Provisions concerning attached agricultural produce | Order XXI Rule 45 | Addresses custody and related arrangements after attachment. |
| Attachment of salary or allowances of Government / railway / local-authority employees | Order XXI Rule 48 | Subject also to the exemptions and limits in Section 60 CPC. |
| Attachment of immovable property | Order XXI Rule 54 | Attachment is made by prohibitory order in the manner prescribed. |
| Sale of attached property | Order XXI Rule 64 | Only so much property as necessary to satisfy the decree should be sold. |
| Adjournment or stoppage of execution sale | Order XXI Rule 69 | Governs adjournment/stoppage of sale and related proclamation requirements. |
| Resistance or obstruction to possession | Order XXI Rules 97-101 | Execution Court adjudicates covered questions relating to right, title or interest. |
| Correction of clerical or arithmetical mistakes | Section 152 | Applies to clerical/arithmetic mistakes and accidental slips or omissions in judgments, decrees or orders. |
Death of Parties, Compromise, Commissions, Minors and Interim Protection
| Purpose | CPC provision | Practical reference |
|---|---|---|
| Bring legal representative of deceased plaintiff on record | Order XXII Rule 3 | Subject to survival of right to sue and limitation. |
| Bring legal representative of deceased defendant on record | Order XXII Rule 4 | Subject to the rule, limitation and any applicable exemption. |
| Lawful compromise of suit | Order XXIII Rule 3 | Compromise must satisfy the requirements of the rule. |
| Commission to examine witness | Order XXVI Rule 1 | Commission may issue in circumstances stated in the Order. |
| Commission for local investigation | Order XXVI Rule 9 | Used where local investigation is requisite or proper for the statutory purposes. |
| Commission to examine or adjust accounts | Order XXVI Rule 11 | May be issued where examination/adjustment of accounts is necessary. |
| Commission to make partition | Order XXVI Rule 13 | Applicable after a preliminary decree for partition in cases covered by the rule. |
| Disclosure of names and addresses of partners | Order XXX Rule 2 | Applies to suits by or against firms. |
| Guardian for minor defendant | Order XXXII Rule 3 | Court appoints a guardian for the suit for a minor defendant. |
| Removal of next friend | Order XXXII Rule 9 | Provides grounds and procedure for removal. |
| Minor plaintiff attaining majority | Order XXXII Rule 12 | Prescribes course to be followed after attaining majority. |
| Persons of unsound mind | Order XXXII Rule 15 | Specified rules concerning minors apply, with necessary adaptation, to persons covered by Rule 15. |
| Attachment before judgment | Order XXXVIII Rule 5 | Exceptional protective remedy requiring the statutory conditions to be satisfied. |
| Temporary injunction | Order XXXIX Rules 1 & 2 | Frequently invoked for interim injunctive relief. |
| Appointment of receiver | Order XL Rule 1 | Court may appoint a receiver where it appears just and convenient. |
Appeals, Additional Evidence and Review
| Purpose | CPC provision | Practical reference |
|---|---|---|
| First appeal from original decree | Section 96 & Order XLI | Order XLI contains procedure for appeals from original decrees. |
| Form and filing of appeal | Order XLI Rule 1 | Appeal is preferred by memorandum accompanied as required by the rule. |
| Stay of decree/order pending appeal | Order XLI Rule 5 | Filing an appeal does not by itself operate as a stay; statutory conditions apply. |
| Readmission of appeal dismissed for default | Order XLI Rule 19 | Readmission may be sought on showing sufficient cause. |
| Additional evidence in appellate Court | Order XLI Rule 27 | Additional evidence is permitted only within the circumstances stated in the rule. |
| Second appeal | Section 100 & Order XLII | Second appeal is governed principally by Section 100 and substantial question of law requirements. |
| Review | Section 114 & Order XLVII Rule 1 | Review is available only on the limited statutory grounds. |
| Inherent powers of Court | Section 151 | Preserves inherent powers to make orders necessary for the ends of justice or to prevent abuse of process, subject to settled limitations. |
Official CPC Text and Related Law
For the authoritative central text, amendments and schedules, refer to the Code of Civil Procedure, 1908 on India Code. For commercial litigation, also consult the India Code portal for the Commercial Courts Act, 2015 and the CPC amendments applicable to commercial disputes.
State and High Court variations: Civil procedure may be affected by State amendments, High Court rules, Civil Rules of Practice and local procedural directions. Expressions such as local
"Rule 109" or "Rule 188" are therefore not presented here as CPC provisions unless tied to the applicable State/High Court rules.
Related Civil Procedure Guide
Partition Suit: who can file, procedure, court fee and limitation
This page is intended for general legal information and quick reference. Always verify the current statutory text, applicable amendments, court rules and binding judicial decisions before filing or advising in a case.