CPC (THE CODE OF CIVIL PROCEDURE) 1908
Sections and Provisions in CPC
What is Short title, extent, commencement and
provisions? Section
1 of Code of Civil Procedure 1908
What
are the definitions? Section
2 of Code of Civil Procedure 1908
What
is Subordination of Courts, What is Savings? What is the
Application of the Code to Revenue Courts? Section
3, 4, and 5 of Code of Civil Procedure 1908
What
is Pecuniary jurisdiction? What are Provincial Small Cause
Courts? What is Presidency Small Cause Courts? Section
6, 7, and 8 of Code of Civil Procedure 1908
What
is the meaning Courts to try all civil suits unless barred?
What is Stay of suit? What is Res judicata? Section
9, 10 and 11 of Code of Civil Procedure 1908
What is Bar to further suit? When foreign judgment not
conclusive? What is Presumption as to foreign judgments? Section
12, 13 and 14 of Code of Civil Procedure 1908
Court in which suits to be instituted? What is the meaning
Suits to be instituted where subject matter situate? Section
15 and 16 of Code of Civil Procedure 1908
What is the meaning Suits for immovable property situate
within jurisdiction of different Courts? Section
17 of Code of Civil Procedure 1908
Where is the Place of institution of suit where local limits
of jurisdiction of Courts are uncertain? Section
18 of Code of Civil Procedure 1908
What is Suits for compensation for wrongs to person or
movables? Section
19 of Code of Civil Procedure 1908
What is the meaning Other suits to be instituted where
defendants reside or cause of action arises? Section
20 of Code of Civil Procedure 1908
What is Objections to jurisdiction? What is Power to
transfer suits which may be instituted in more than one
Court? Section
21 and 22 of Code of Civil Procedure 1908
Section 21A Baron suit to set aside decree on objection as
to place of suing
To what Court application lies? What is General power of
transfer and withdrawal? Section
23 and 24 of Code of Civil Procedure 1908
What is Power of Supreme Court to transfer suits, etc? What
is Institution of suits? Section
25 and 26 of Code of Civil Procedure 1908
What is Summons to defendants? What is the procedure for
Service of summons where defendant resides in another State? Section
27 and 28 of Code of Civil Procedure 1908
What is
the procedure for Service of foreign summonses? What is
Power to order discovery and the like? Section
29 and 30 of Code of Civil Procedure 1908
What is
Summons to witness? What is Penalty for default? What is
Judgment and decree? Section
31, 32 and 33 of Code of Civil Procedure 1908
What is
Interest? What is Costs? What is Compensatory costs in
respect of false or vexatious claims or defenses? What is
Costs for causing delay? Section
34, 35, 35A and 35B of Code of Civil Procedure 1908
What is
Application to orders? What is Definition of Court which
passed a decree? Section
36 and 37 of Code of Civil Procedure 1908
Court by which decree may be executed? What is Transfer of
decree? What is Transfer of decree to Court in another State? Section
38, 39 and 40 of Code of Civil Procedure 1908
Code of Civil Procedure 1908 Section 41 to 80 CPC 1908
Section 81 to 120 of Code of Civil Procedure 1980 CPC 1908
Section
121 to 158 of Code of Civil Procedure 1980 CPC 1908
ORDER I PARTIES TO SUIT
Who may be joined as plaintiffs?
What is Power of court to order separate trails? Who may be
joined as defendants? What is Power to order separate trials
where joinder of defendants may embarrass or delay trial?,
What are the Conditions for entertainment of suits? Rule 1,
2, 3, 3A and 3B of Order I of Code of Civil Procedure 1908
What is the meaning of Court may give judgment for or
against one or more of joint parties? What is the meaning of
Defendant need not be interested in all the relief claimed?
What is the meaning of Joinder of parties liable on same
contract? When plaintiff in doubt from whom redress is to be
sought? What is the meaning One person may sue or defend on
behalf of all in same interest? What is the Power of court
to permit a person or body of persons to present opinion or
to take part in the proceedings? Rule 4, 5, 6, 7, 8 and 8A of
Order I of Code of Civil Procedure 1908
What is Misjoinder and nonjoinder? What is Suit in name of
wrong plaintiff? What is Conduct of suit? What is Appearance
of one of several plaintiffs or defendants for others? What
is Objections as to non-joinder or mis-joinder? Rule 9, 10,
11, 12 and 13 of
Order I of Code of Civil Procedure 1908
ORDER II FRAME OF SUIT
What is Frame of suit?, What is the meaning Suit to include
the whole claim?, What is Joinder of causes of action?, What
is the meaning of Only certain claims to be joined for
recovery of immovable property?, What is Claims by or
against executor?, Who is administrator or heir?, What is
Power of Court to order separate trials?, What is Objections
as to misjoinder? Rule 1, 2, 3, 4, 5, 6 and 7 of
Order II of Code of Civil Procedure 1908
ORDER III RECOGNIZED AGENTS AND PLEADERS
What is the meaning of Appearance etc may be in person by
recognized agent or by pleader?, Who are Recognized agents?,
How is Service of process on recognized agent?, What is
Appointment of pleader?, What is Service of process on
pleader?, What is the meaning Agents to accept service? Rule
1, 2, 3, 4, 5 and 6 of
Order III of Code of Civil Procedure 1908
ORDER IV INSTITUTION OF SUITS
What is the meaning of
Suit to be commenced by plaint? What is Register of suits? Rule
1 and 2 of
Order IV of Code of Civil Procedure 1908
ORDER V ISSUE AND SERVICE OF SUMMONS
What is Summons? What is the Copy or statement annexed to
summons? What is the meaning of Court may order defendant or
plaintiff to appear in person? What is the meaning of No
party to be ordered to appear in person unless resident
within certain limits? What is the meaning of Summons to be
either to settle issues or for final disposal? Rule
1, 2, 3, 4 and 5 of Order V of Code of Civil Procedure 1908
How is Fixing day for appearance of defendant? What is
Summons to order defendant to produce documents relied on by
him? What is the meaning of On issue of summons for final
disposal, defendant to be directed to produce his witnesses?
What is Delivery or transmission of summons for service?
What is the Mode of service? Rule
6, 7, 8, 9 and 10 of Order V of Code of Civil Procedure 1908
How to complete Service on several defendants? What is the
meaning Service to be on defendant on person when
practicable, or on his agent? What is Service on agent by
whom defendant carries on business? How is Service on agent
in charge in suits for immovable property? Where service may
be on an adult member of defendant's family? Rule
11, 12, 13, 14 and 15 of Order V of Code of Civil Procedure 1908
What is the meaning of Person served to sign
acknowledgement? What is the Procedure when defendant
refuses to accept service, or cannot he found? What is
Endorsement of time and manner of service? What is
Examination of serving officer? What is Simultaneous issue
of summons for service by post in addition to personal
service? What is Substituted services? Rule
16, 17, 18, 19, 19A and 20 of Order V of Code of Civil Procedure 1908
What is the method of Service of summons where defendant
resides within jurisdiction of another Court? What is
Service within presidency-towns of summons issued by Courts
outside? What is the Duty of Court to which summons is sent?
What is the mode of Service on defendant in prison? How to
Service where defendant resides out of India and has no
agent? Rule
21, 22, 23, 24 and 25 of Order V of Code of Civil Procedure 1908
How to do Service in foreign territory through Political
Agent or Court- Where? How Summonses to be sent to officer
to foreign countries? How to do Service on civil public
officer or on servant of railway company or local authority?
How to do Service on soldiers, sailors or airmen? What is
the Duty of person to whom summons is delivered or sent for
service? What is Substitution of letter for summons? Rule
26, 26A, 27, 28, 29 and 30 of Order V of Code of Civil Procedure 1908
ORDER VI PLEADINGS GENERALLY
What is Pleading? What is the meaning Pleading to state
material facts and not evidence? What are the Forms of
pleading? What are the Particulars to be given where
necessary? What is Further and better statement, or
particulars? What is Condition precedent? Rule
1, 2, 3, 4, 5 and 6 of Order VI of Code of Civil Procedure 1908
What is Departure? What is Denial of contract? What is the
Effect of document to be stated, Malice, knowledge, etc?
What is notice Notice? What is Implied contract, or relation? Rule
7, 8, 9, 10, 11 and 12 of Order VI of Code of Civil Procedure 1908
What is Presumptions of law? What is the meaning of Pleading
to be signed? What is Address for service of notice? What is
Verification of pleadings? What is Striking out pleadings?
What is Amendment of pleadings? What is Failure to amend
after order? Rule
13, 14, 14A, 15, 16, 17 and 18 of Order VI of Code of Civil Procedure 1908
ORDER VII PLAINT
What is Pleading? What is the meaning Pleading to state
material facts and not evidence? What are the Forms of
pleading? What are the Particulars to be given where
necessary? What is Further and better statement, or
particulars? What is Condition precedent? Rule
1, 2, 3, 4, 5 and 6 of Order VI of Code of Civil Procedure 1908
What
is the meaning of Relief to be specially? What is Relief
founded on separate grounds? What is the Procedure on
admitting plaint- Concise statements? What is Return of
plaint? What is the Power of Court to fix a date of
appearance in the Court where plaint is to be filed after
its return? What is the Power of appellate Court to transfer
suit to the proper Court? What is Rejection of plaint? What
is the Procedure on rejecting plaint? Rule
7, 8, 9, 10, 10A, 10B, 11 and 12 of Order VII of Code of Civil Procedure 1908
Where rejection of plaint does not preclude presentation of
fresh plaint? What is the meaning of Production of document
on which plaintiff sues? What is Statement in case of
documents not in plaintiff's possession or power? What are
Suits on lost negotiable instruments? What is Production of
shop-book? What is Inadmissibility of document not produced
when plaint filed? Rule
13, 14, 15, 16, 17 and 18 of Order VII of Code of Civil Procedure 1908
ORDER VIII WRITTEN STATEMENT, SET OFF AND COUNTER CLAIM
What is Written statement? What is the meaning of New facts
must be specially pleaded? What is Denial to be specific?
What is Evasive denial? What is Specific denial? Rule
1, 2, 3, 4 and 5 of Order VIII of Code of Civil Procedure 1908
What are the Particulars of set-off to be given in written
statement? What is Counter-claim by defendant? How
Counter-claim to be stated? What is Exclusion of
counter-claim? What is the Effect of discontinuance of suit?
What is Default of plaintiff to reply to counter-claim? What
is Relief to defendant where counter claim succeeds? What
are Rules relating to written statement to apply? What is
Defence or set-off founded upon separate grounds? What is
New ground of defence? What is the Duty of defendant to
produce documents upon which relief is claimed by him? What
is Subsequent pleadings? What is the Procedure when party
fails to present written statement called for by Court? Rule
6, 6A, 6B, 6C, 6D, 6E, 6F, 6G, 7, 8, 8A, 9 and 10 of Order VIII of Code of Civil Procedure 1908
ORDER IX APPEARANCE OF PARTIES AND CONSEQUENCE OF NON
APPEARANCE
What is the meaning of Parties to appear on day fixed in
summons for defendant to appear and answer? What is
Dismissal of suit where summons not served in consequence of
plaintiffs failure to pay costs? Where neither party
appears, suit to be dismissed? What is the meaning Plaintiff
may bring fresh suit or Court may restore suit to file? What
is Dismissal of suit where plaintiff after summons returned
un served, fails for one month to apply for fresh summons?
What is the Procedure when only plaintiff appears? What is
the Procedure where defendant appears on day of adjourned
hearing and assigns good cause for previous non-appearance? Rule
1, 2, 3, 4, 5, 6 and 7 of Order IX of Code of Civil Procedure 1908
What is the Procedure where defendant only appears? What is
the meaning of Decree against plaintiff by default bars
fresh suit? What is the Procedure in case of non-attendance
of one or wore of several plaintiff's? What is the Procedure
in case of non-attendance of one or more of several
defendants? What is the Consequence of non-attendance,
without sufficient cause shown, of party ordered to appear
in person? What is Setting aside decree ex parte against
defendant? What is the meaning of No decree to be set aside
without notice to opposite party? Rule
7, 8, 9, 10, 11, 12, 13 and 14 of Order IX of Code of Civil Procedure 1908
ORDER X EXAMINATION OF PARTIES BY THE COURT
How to do Ascertainment whether allegations in pleadings are
admitted or denied? What is Oral examination of party, or
companion of party? What is the Substance of examination to
be written? What is the Consequence of refusal or inability
of pleader to answer? Rule
1, 2, 3 and 4 of Order X of Code of Civil Procedure 1908
ORDER XI DISCOVERY AND INSPECTION
What is Discovery by interrogatories? What is the meaning
Particular interrogatories to be submitted? What is Costs of
interrogatories? What is Form of interrogatories? What are
Corporations? What are Objections to interrogatories by
answer? What is Setting aside and striking out
interrogatories? What is Affidavit in answer, filing? Rule
1, 2, 3, 4, 5, 6, 7 and 8 of Order XI of Code of Civil Procedure 1908
What is Form of affidavit in answer? What is the meaning No
exception to be taken? What is Order to answer or answer
further? What is Application for discovery of documents? How
to prepare Affidavit of documents? How to do Production of
documents? What is Inspection of documents referred to in
pleadings or affidavits? What is Notice to produce? Rule
9, 10, 11, 12, 13, 14, 15 and 16 of Order XI of Code of Civil Procedure 1908
What is the Time for inspection when notice given? What is
Order for inspection? What are Verified copies? What is
Premature discovery? What is Non-compliance with order for
discovery? What is Using answers to interrogatories at
trial? Is Order to apply to minors? Rule
17, 18, 19, 29, 21, 22 and 23 of Order XI of Code of Civil Procedure 1908
*[ORDER XI Disclosure, Discovery and inspection of
documents in suits before the commercial division of a high
court or a commercial court
Rule
1, 2, 3, 4, 5, 6 and 7 of Order XI of Code of Civil Procedure 1908
*Shall be applicable to commercial disputes of a specified
value by Act 4 of 2016, s. 16 and the Sch. (w.e.f.
23-10-2015).
ORDER XII ADMISSION
What is Notice of admission of case? What is notice Notice
to admit documents? What is the meaning Document to be
deemed to be admitted if not divided after service of notice
to admit documents? What is Form of notice? What is the
Power of Court to record admission? What is Notice to admit
acts? Rule
1, 2, 3 and 4 of Order XII of Code of Civil Procedure 1908
What is Form of admissions? What is the meaning of Judgment
on admissions? What is Affidavit of signature? What is the
meaning of Notice to produce documents? What are Costs? Rule
5, 6, 7, 8 and 9 of Order XII of Code of Civil Procedure 1908
ORDER XIII
PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS
What is the meaning of documentary evidence to be produced
at or before the settlement of issues?, What is the Effect
of non-production of documents? What is Rejection of
irrelevant or inadmissible documents? What are Endorsements
on documents admitted in evidence? What is Endorsements on
copies of admitted entries in books, accounts and records? Rule
1, 2, 3, 4 and 5 of Order XIII of Code of Civil Procedure 1908
What is Endorsements on documents rejected as inadmissible
in evidence? What is Recording of admitted and return of
rejected documents? What is the meaning Court may order any
document to be impounded? What is the process of Return of
admitted documents? What is the meaning Court may send for
papers from its own records or from other Courts? What is
the Provision as to documents applied to material objects? Rule
6, 7, 8, 9, 10 and 11 of Order XIII of Code of Civil Procedure 1908
ORDER XIII-A SUMMARY JUDGMENT
Rule 1, 2, 3, 4, 5, 6, 7 and 8 of Order XIII-A of Code of Civil Procedure 1908
ORDER XIV
SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF
LAW OR ON ISSUES AGREED UPON
What is Framing of issues? Does Court to pronounce judgment
on all issues? What are the Materials from which issues may
be framed? Can Court may examine witnesses or documents
before framing issues? What is Power to amend and strike
out, issues? What is the meaning Questions of fact or law
may by agreement be stated in form of issues? Can Court, if
satisfied that agreement was executed in good faith, may
pronounce judgment? Rule
1, 2, 3, 4, 5, 6 and 7 of Order XIV of Code of Civil Procedure 1908
ORDER XV
DISPOSAL OF THE SUIT AT THE FIRST HEARING
Who are Parties not at issue? What is the meaning of One of
several defendants not at issue? Who are Parties at issue?
What is the consequence of Failure to produce evidence? Rule
1, 2, 3 and 4 of Order XV of Code of Civil Procedure 1908
ORDER XV-A CASE MANAGEMENT HEARING
Rule 1, 2, 3, 4, 5, 6, 7 and 8 of Order XIII-A of Code of
Civil Procedure 1908
ORDER XVI SUMMONING ATTENDANCE OF WITNESSES
What is List of witnesses and summons to witnesses? What is
the procedure for Production of witnesses without summons?
What is the meaning of Expenses of witness to be paid into
Court on applying for summons? How to Tender of expenses to
witness? What is the Procedure where insufficient sum paid
in? What is the meaning of Time, place and purpose of
attendance to be specified in summons? What is Summons to
produce document? What is Power to require persons present
in Court to give evidence or produce document? Rule
1, 2, 3, 4, 5, 6 and 7 of Order XVI of Code of Civil Procedure 1908
Summons how served? What is the Time for serving
summons? What is the Procedure whose witness fails
to comply with summons? What is the meaning If
witness appears attachment may be withdrawn? What is
the Procedure if witness fails to appear? What is
the Mode of attachment? What is the meaning of Court
may of its own accord summon as witnesses strangers
to suit? Rule
8, 9, 10, 11, 12, 13 and 14 of Order XVI of Code of Civil Procedure 1908
What is the Duty of persons summoned give evidence
or produce document? When they may depart? What is
Application of rule 10 to 13, Procedure where
witness apprehended cannot give evidence or produce
document? What is the meaning of No witness to be
ordered to attend in person unless resident within
certain limits? What is the Consequence of refusal
of party to give evidence when called on by Court?
What are the Rules as to witnesses to apply to
parties summoned? Rule
15, 16, 17, 18, 19, 20 and 21 of Order XVI of Code of Civil Procedure 1908
ORDER XVI A SUMMONING ATTENDANCE OF WITNESSES
What are the Definitions? What is the Power to
require attendance of prisoners to give evidence?
What are the Expenses to be paid into Court? What is
the Power of State Government to exclude certain
persons from the operation of rule 2? What is the
meaning of officer in charge of prison to abstain
from carrying out order in certain cases? What is
the meaning Prisoners to be brought to Court in
custody? What is the Power to issue commission for
examination of witness in prison? Rule
1, 2, 3, 4, 5, 6 and 7 of Order XVI A of Code of Civil Procedure 1908
ORDER XVII ADJOURNMENT
Rule 1, 2 and 3 of Order XVII of Code of Civil Procedure
1908
ORDER XVIII SUMMONING ATTENDANCE OF WITNESSES
What is Right to begin? What is Statement and
production of evidence? What is the Evidence where
several issues? What is the meaning of Party to
appear before other witnesses? Is Witnesses to be
examined in open Court? How evidence shall be taken
in appealable cases? When deposition to be
interpreted? Rule
1, 2, 3, 4, 5 and 6 of Order XVIII of Code of Civil Procedure 1908
What is Evidence under section 138? What is
Memorandum when evidence not taken down by Judge?
When evidence may be taken in English? Any
particular question and answer way he taken down?
What are the Questions objected to and allowed by
Court? What is Remarks on demeanour of witnesses? Rule
7, 8, 9, 10, 11 and 12 of Order XVIII of Code of Civil Procedure 1908
What is Memorandum of evidence in unappealable
cases? When Judge unable to make such memorandum to
record reasons of his inability? What is the Power
to deal with evidence taken before another Judge?
What is the Power to examine witness immediately?
What is the meaning Court may recall and examine
witness? What is Production of evidence not
previously known or which could not be produced
despite due diligence? What is the Power of Court to
inspect? Rule
13, 14, 15, 16, 17, 17A, 18 and 19 of Order XVIII of Code of Civil Procedure 1908
ORDER XIX AFFIDAVITS
What is the Power to order any point to be proved by
affidavit? What is the Power to order attendance of deponent
for cross-examination? Matters to which affidavits shall be
confined? Rule
1, 2 and 3 of Order XIX of Code of Civil Procedure 1908
ORDER XX
JUDGMENT AND DECREE
Judgment when pronounced? What is the Power to pronounce
judgment written by judge's predecessor? Is Judgment to be
signed? What is Judgments of Small Cause Courts? What is the
meaning Court to state its decision on each issue? What is
the meaning of Court to inform parties as to where an appeal
lies in cases where parties are not represented by pleaders?
What are the Contents of decree? Is Last paragraph of
judgment to indicate in precise terms the reliefs granted?
Copies of typewritten judgments when to be made available,
What is the Date of decree? Rule
1, 2, 3, 4, 5, 5A, 6, 6A, 6B and 7 of Order XX of Code of Civil Procedure 1908
What is the Procedure where Judge has vacated office before
signing decree? What is Decree for recovery of immovable
property? What is Decree for delivery of movable property?
What is the meaning Decree may direct payment by
installments? What is Decree for possession and mesne
profits? What is Decree in administration suit? What is
Decree in pre-emption suit? Rule
8, 9, 10, 11, 12, 12A, 13 and 14 of Order XX of Code of Civil Procedure 1908
What is Decree in suit for dissolution of partnership? What
is Decree in suit for account between principal and agent?
What is Special directions as to accounts? What is Decree in
suit for partition of property or separate possession of a
share therein? Decree when set-off or counter-claim is
allowed? What is the meaning of Certifies copies of judgment
and decree to be furnished? Rule
15, 16, 17, 18, 19 and 20 of Order XX of Code of Civil Procedure 1908
ORDER XX A COSTS
What is
Provision relating to certain items? What is the Costs to be
awarded in accordance with the rules made by High Court? Rule
1 and 2 of Order XX A of Code of Civil Procedure 1908
ORDER XXI EXECUTION OF DECREES AND ORDERS PAYMENT UNDER
DECREE
What are the Modes of paying money under decree? What is
Payment out of Court to decree-holder? What is the procedure
for Lands situate in more than one jurisdiction? What is
Transfer to Court of Small Causes? What is Mode of transfer?
What is the Procedure where Court desires that its own
decree shall be executed by another Court? Which is the
Court receiving copies of decree etc., to file some without
proof? How is Execution of decree or order by Court to which
it is sent? How is Execution by High Court of decree
transferred by other Court? How to file Application for
execution? What is Oral application? How to file Application
for arrest to state grounds? How to file Application for
attachment of movable property not in judgment-debtor's
possession? Rule
1, 2, 2A, 3, 4, 4A, 5, 6, 7, 8, 9, 10, 11, 11A and 12 of Order XXI of Code of Civil Procedure 1908
What is the meaning of Application for attachment of
immovable property to contain certain particulars? What is
the Power to require certified extract from Collector's
register in certain cases? What is Application for execution
by joint decree-holders? What is Application for execution
by transferee of decree? What is the Procedure on receiving
application for execution of decree? What is Execution in
case of cross-decrees? What is Execution in case of
cross-claims under same decree? What is Cross-decrees and
cross-claims in mortgage-suits? What is Simultaneous
execution? What is the procedure for Notice to show cause
against execution in certain cases? What is the meaning of
Sale not to be set aside on the death of the judgment-debtor
before the sale but after the service of the proclamation of
sale? Rule
13, 14, 15, 16, 17, 18, 19, 29, 21, 22 and 22A of Order XXI of Code of Civil Procedure 1908
What is the Procedure after issue of notice? What is the
Process for execution? What is Endorsement on process? When
Court may stay execution? What is Liability of
judgment-debtor discharged? When Liability of
judgment-debtor discharged? What is Stay of execution
pending suit between decree-holder and judgment-debtor? Rule
23, 24, 25, 26, 27, 28 and 29 of Order XXI of Code of Civil Procedure 1908
What is Decree for payment of money? What is Decree for
specific movable property? What is Decree for specific
performance for restitution of conjugal rights or for an
injunction? What is Discretion of Court in executing decrees
for restitution of conjugal rights? What is Decree for
execution of document or endorsement of negotiable
instrument? What is Decree for immovable property? What is
Decree for delivery of immovable property when in occupancy
of tenant? Rule
30, 31, 32, 33, 34, 35 and 36 of Order XXI of Code of Civil Procedure 1908
What is Discretionary power to permit judgment debtor to
show cause against detention in prison? What is warrant for
arrest to direct judgment-debtor to be brought up? What is
Subsistence allowance? What is Proceedings on appearance of
judgment-debtor in obedience to notice or after arrest? Rule
37, 38, 39 and 40 of Order XXI of Code of Civil Procedure 1908
What is the meaning of Examination of judgment-debtor as to
his property? What is Attachment in case of decree for rent
or mesne profits or other matter, amount of which to be
subsequently determined? What is Attachment of movable
property, other than agricultural produce, in possession of
judgment-debtor? What is Custody of movable property? What
is Attachment of agricultural produce? What is the Provision
as to agricultural produce under attachment? What is
Attachment of debt, share and other property not in
possession of judgment-debtor? What is Attachment of share
in movables? Rule
41, 42, 43, 44, 45, 46 and 47 of Order XXI of Code of Civil Procedure 1908
What is Attachment of salary or allowances of servant of the
Government or railway company or local authority? What is
Attachment of salary or allowances of private employees?
What is Attachment of partnership property? What is
Execution of decree against firm? What is Attachment of
negotiable instruments? What is the process of Attachment of
property in custody of Court or Public officer? What is
Attachment of decrees? What is Attachment of immovable
property? How is Removal of attachment after satisfaction of
decree? What is Order for payment of coin or currency notes
to party entitled under decree? What is Determination of
attachment? Rule
48, 49, 50, 51, 52, 53, 54, 55, 56 and 57 of Order XXI of Code of Civil Procedure 1908
What is Adjudication of claims to, or objections to
attachment of, property? What is Stay of sale? What is the
Power to order property attached to be sold and proceeds to
be paid to person entitled? Sales by whom conducted and how
made? What is Proclamation of sales by public auction? Rule
58, 59, 64, 65 and 66 of Order XXI of Code of Civil Procedure 1908
What is the Mode of making proclamation, Time of sale? What
is Adjournment or stoppage of sale? What is the meaning of
Defaulting purchaser answerable for loss on re-sale? What is
the meaning of Decree holder not to bid for or buy property
without permission? What is the meaning of Mortgagee not to
bid at sate without the leave of the Court? What is
Restriction on bidding or purchase by officers? Rule
67, 68, 69, 70, 71, 72 and 73 of Order XXI of Code of Civil Procedure 1908
What is the procedure for Sale of agricultural produce? What
is the Special provisions relating to growing crops?
Negotiable instruments and shares in corporate, What is Sale
by public auction? What is the meaning Irregularity not to
vitiate sale, but any person injured may sue? How to do
Delivery of movable property? debts and shares, Transfer of
negotiable instruments and shares, What is Vesting order in
case of other property? Rule
74, 75, 76, 77, 78, 79, 80 and 81 of Order XXI of Code of Civil Procedure 1908
What Courts may order sales? What is Postponement of sale to
enable judgment- debtor to raise amount of decree? What is
Deposit by purchaser and re-sale on default? What is Time
for payment in full of purchase money? What is the Procedure
In default of payment? What is Notification on re-sale? What
is Bid of co-sharer to have preference? What is Application
to set aside sale on depositor? Rule
82, 83, 84, 85, 86, 87, 88 and 89 of Order XXI of Code of Civil Procedure 1908
What is Application to set aside sale on ground of
irregularity or fraud? What is Application by purchaser to
set aside sale on ground of judgment-debtor having no
saleable interest? Sale when to become absolute or be set
aside? What is Return of purchase-money in certain cases?
What is Certificate to purchaser? What is Delivery of
property in occupancy of judgment-debtor? How is Delivery of
property in occupancy of tenant? Rule
90, 91, 92, 93, 94, 95 and 96 of Order XXI of Code of Civil Procedure 1908
What is Resistance or obstruction to possession of immovable
property? What are Orders after adjudication? What is
Dispossession by decree-holder or purchaser? What are the
Order to be passed upon application complaining of
dispossession? What are the Question to be determined? What
is the meaning of Rules not applicable to transferee pendent
lite? What are Orders to be treated as decrees? What is the
meaning of Order under rule 101 or rule 103 to be subject to
the result or pending suit? What is Hearing of application,
Setting, aside orders passed ex parte, etc.? Rule
97, 98, 99, 100, 101, 102, 103, 104, 105 and 106 of Order XXI of Code of Civil Procedure 1908
ORDER XXII DEATH, MARRIAGE AND INSOLVENCY OF PARTIES
What is the meaning of No abatement by party's death if
right to sue survives? What is the Procedure where one of
several plaintiffs or defendants dies and right to sue
survives? What is the Procedure in case of death of one of
several plaintiff or of sole plaintiff? What is the
Procedure in case of death of one of several defendants or
of sole defendant? What is Determination of question as to
legal representative? What is the meaning of No abatement by
reason of death after hearing? Rule
1, 2, 3, 4, 5 and 6 of Order XXII of Code of Civil Procedure 1908
What is the meaning of Suit not abated by marriage
of female party? When plaintiffs insolvency bars
suit? What is the Effect of abatement or dismissal?
What is the Procedure in case of assignment before
final order in suit? What is the Duty of pleader to
communicate to Court death of a party? What is
Application of Order to appeals? What is Application
of Order to proceedings? Rule
7, 8, 9, 10, 10A, 11 and 12 of Order XXII of Code of Civil Procedure 1908
ORDER XXIII WITHDRAWAL AND ADJUSTMENT OF SUITS
What is Withdrawal of suit or abandonment of part of
claim? Rule
1 of Order XXIII of Code of Civil Procedure 1908
ORDER XXIV PAYMENT INTO COURT
What is the meaning of Deposit by defendant of
amount in satisfaction of claim? What is Notice of
deposit? Is Interest on deposit not allowed to
plaintiff after notice? What is the Procedure where
plaintiff accepts deposit as satisfaction in part? Rule
1, 2, 3 and 4 of Order XXIV of Code of Civil Procedure 1908
ORDER XXV SECURITY FOR COSTS
When security for costs may be required front
plaintiff? What is the Effect of failure to furnish
security? Rule
1 and 2 of Order XXV of Code of Civil Procedure 1908
ORDER XXVI COMMISSIONS
What are the Cases in which Court may issue commission to
examine witness? What is Order for commission? Where witness
resides within Court's jurisdiction? Persons for whose
examination commission may issue? Process when Commission or
request to examine witness not within India? Is Court to
examine witness pursuant to Commission? What is Return of
commission with depositions of witnesses? When depositions
may be read in evidence? Rule
1, 2, 3, 4, 5, 6, 7 and 8 of Order XXVI of Code of Civil Procedure 1908
What are Commissions to make local investigations? What is
Procedure of Commissioner? What is Commission for scientific
investigations? Who will be in Commission for performance of
a ministerial act? How to constitute Commission for the sale
of movable property? Rule
9, 10, 10A, 10B and 10C of Order XXVI of Code of Civil Procedure 1908
What is Commission to examine or adjust accounts? What is
the meaning Court to give Commissioner necessary
instructions? What is Commission to make partition of
immovable property? What is Procedure of Commissioner? Rule
11, 12, 13 and 14 of Order XXVI of Code of Civil Procedure 1908
Is Expenses of commission to be paid into Court? What are
the Powers of Commissioners? What are the Questions objected
to before the Commissioner? Attendance and examination of
witnesses before Commissioner, Are Parties to appear before
Commissioner? Application of Order to execution proceedings,
Is Court to fix a time for return of commission? Rule
15, 16, 16A, 17, 18, 18A and 18B of Order XXVI of Code of Civil Procedure 1908
What are the cases in which High Court may issue commission
to examine witness? What is Application for issue of
commission? To whom commission may be issued? How to Issue,
execution and return of commissions, and transmission of
evidence to foreign Court? Rule
19, 20, 21 and 22 of Order XXVI of Code of Civil Procedure 1908
ORDER XXVII SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC
OFFICERS IN THEIR OFFICIAL CAPACITY
What are the
Suits by or against Government? Who are Persons authorised
to act for Government? What is Plaints in suits by or
against Government? What is the meaning of Agent for
Government to receive process? What is Fixing of day for
appearance on behalf of Government? Is Government to be
joined as a party in a suit against a public officer? What
is the Duty of Court in suits against the Government or a
public officer to assist in arriving at a settlement?
Attendance of person able to answer questions relating to
suit against Government, Extension of time to enable public
officer to make reference to Government, What is the
Procedure in suits against public officer? Is No security to
be required from Government or a public officer in certain
cases? What is Definitions of "Government" and "Government
pleader"? Rule
1, 2, 3, 4, 5, 6, 7, 8A and 8B of Order XXVII of Code of Civil Procedure 1908
ORDER XXVII A SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW
AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THE
VALIDITY OF ANY STATUTORY INSTRUMENT
Notice to the Attorney General or the Advocate - General,
What is the Procedure in suits involving validity of any
statutory instrument? Court may add Government as party?
What is the Power of Court to add Government or other
authority as a defendant in a suit relating to the validity
of any statutory instrument? Costs, What is Application of
Order to appeals? Rule
1, 1A, 2, 2A, 3 and 4 of Order XXVII A of Code of Civil Procedure 1908
ORDER XXVIII SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR
AIRMEN
Can Officers, soldiers, sailors or airmen who cannot obtain
leave may authorize any person to sue or defend for them?
Person so authorized may act personally or appoint pleader,
Service on person so authorized, or on his pleader, to be
good service? Rule
1, 2 and 3 of Order XXVIII of Code of Civil Procedure 1908
ORDER XXIX SUITS BY OR AGAINST CORPORATIONS
What is Subscription and verification of pleading? How
Service on corporation? What is Power to require personal
attendance of officer of corporation? Rule
1, 2 and 3 of Order XXIX of Code of Civil Procedure 1908
ORDER XXX SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON
BUSINESS IN NAMES OTHER THAN THEIR OWN
How is Suing of partners in name of firm? Disclosure of
partners' names, Service, What are the Rights of suit on
death of partner? Notice in what capacity served? Appearance
of partners, No appearance except by partners, What is
Appearance under protest? Suits between co-partners, Suit
against person carrying on business in name other than his
own ? Rule
1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Order XXX of Code of Civil Procedure 1908
ORDER XXXI SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND
ADMINISTRATORS
What is Representation of beneficiaries in suits concerning
property vested in trustees, etc.? What is Joinder of
trustees, executors and administrators? Is Husband of
married executrix not to join? Rule
1, 2 and 3 of Order XXXI of Code of Civil Procedure 1908
ORDER XXXII SUITS BY OR AGAINST MINORS AND PERSONS OF
UNSOUND MIND
Can Minor to sue by next friend? Where suit is instituted
without next friend, plaint to be taken off the file?
Security to be furnished by next friend when so ordered,
Should Guardian for the suit to be appointed by Court for
minor defendant? Who may act as next friend or be appointed
guardian for the suit? Representation of minor by next
friend or guardian for the suit, Receipt by next friend or
guardian for the suit of property under decree for minor,
Agreement or compromise by next friend or guardian for the
suit, Retirement of next friend? Rule
1, 2, 3, 4, 5, 6, 7 and 8 of Order XXXII of Code of Civil Procedure 1908
What is Removal of next friend? What is Stay of proceedings
on removal, etc., of next friend? How is the Retirement,
removal or death of guardian for the suit? What is the
Course to be followed by minor plaintiff or applicant or
attaining majority? Where minor co-plaintiff attaining
majority desires to repudiate suit? What is Unreasonable or
improper suit? Rules 1 to 14 (except rule 2A) to apply to
persons of unsound mind, Savings, Rule
9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of Order XXXII of Code of Civil Procedure 1908
ORDER XXXII A SUITS RELATING TO MATTERS CONCERNING THE
FAMILY
What is Application of the Order? Are Proceedings to be held
in camera? What is the Duty of Court to make efforts for
settlement? How to get Assistance of welfare expert? What is
the Duty to inquire into facts? What is "Family"-meaning of? Rule
1, 2, 3, 4, 5 and 6 of Order XXXII A of Code of Civil Procedure 1908
ORDER XXXIII SUITS BY INDIGENT
PERSONS
What is the meaning of Suits may be instituted by indigent
person? What Inquiry into the means of an indigent person?
What is Contents of application? What is Presentation of
application? What is Examination of applicants? What is
Rejection of application? What is Notice of day for
receiving evidence of applicant's indigency? Rule
1, 2, 3, 4, 5 and 6 of Order XXXIII of Code of Civil Procedure 1908
What is the Procedure at hearing? What is the Procedure if
application admitted? What is Withdrawal of permission to
sue as an indigent person? What is Costs where indigent
person succeeds? What is the Procedure where Indigent person
fails? What is the Procedure where indigent persons suit
abates? State Government may apply for payment of court-fees Rule
7, 8, 9, 10, 11 and 12 of Order XXXIII of Code of Civil Procedure 1908
State Government to be deemed a party? How to do Recovery of
amount of court-fees? What is Refusal to allow applicant to
sue as indigent person to bar subsequent application of like
nature? What is Grant of time for payment of court-fee?
Costs, How to Defence by an indigent person? What is the
Power of Government to provide for free legal services to
indigent person? Rule
13, 14, 15, 16, 17 and 18 of Order XXXIII of Code of Civil Procedure 1908
ORDER XXXIV
SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY
Who are the Parties to suits for foreclosure sale and
redemption? What is Preliminary decree in foreclosure suit?
What is Final decree in foreclosure suit? What is
Preliminary decree in suit for sale? What is Final decree in
suit for sale? What is Recovery of balance due on mortgage
in suit for sale? What is Preliminary decree in redemption
suit? Rule
1, 2, 3, 4, 5, 6 and 7 of Order XXXIV of Code of Civil Procedure 1908
What is Final decree in redemption suit? What is Recovery of
balance due on mortgage in suit for redemption? What is
Decree where nothing is found due or where mortgagee has
been overpaid, Costs of mortgagee subsequent to decree? What
is Power of Court to direct mortgagee to pay mesne profits?
What is Payment of interest? What is Sale of property
subject to prior mortgage? What is Application of proceeds?
What is Suit for sale necessary for bringing mortgaged
property to sale? What is Mortgages by the deposit of title
deeds and charges? Rule
8, 9, 10, 11, 12, 13, 14 and 15 of Order XXXIV of Code of Civil Procedure 1908
ORDER XXXV
INTERPLEADER
What is Plaint in interpleader-suit? Payment of thing
claimed into Court, What is the Procedure where defendant is
suing plaintiff? What is the Procedure at first hearing? Can
Agents and tenants may not institute interpleader suits?
What is Charge for plaintiff's costs? Rule
1, 2, 3, 4, 5 and 6 of Order XXXV of Code of Civil Procedure 1908
ORDER XXXVI
SPECIAL CASE
What is the Power to state case for Courts opinion? Where
value of subject-matter must be stated? Rule
1 and 2 of Order XXXVI of Code of Civil Procedure 1908
ORDER XXXVII
SUMMARY PROCEDURE
What are the Court and classes of suits to which the Order
is to apply? What is the process for Institution of summary
suits? What is the Procedure for the appearance of
defendant? What is the Power to set aside decree? What is
the Power to order bill, etc., to be deposited with officer
of Court? What is Recovery of cost of noting non-acceptance
of dishonoured bill or note? What is the Procedure in suits? Rule
1, 2, 3, 4, 5, 6 and 7 of Order XXXVII of Code of Civil Procedure 1908
ORDER XXXVIII
ARREST AND ATTACHMENT BEFORE JUDGMENT
Where defendant may be called upon to furnish security for
appearance? Security, What is Procedure on application by
surety to be discharged? Procedure Where defendant fails to
furnish security or find fresh security? Rule
1, 2, 3, and 4 of Order XXXVIII of Code of Civil Procedure 1908
Where defendant may be called upon to furnish security for
production of property? Attachment where cause not shown or
security not furnished? What is the Mode of making
attachment? What is Adjudication of claim to property
attached before judgment? How is Removal of attachment when
security furnished or suit dismissed? What is Attachment
before judgment not to affect rights of strangers, nor bar
decree -holder from applying for sale? What is the meaning
Property attached before judgment not to be re-attached in
execution of decree? What are the Provisions applicable to
attachment? Is Agriculture produce not attachable before
judgment? Is Small Cause Court not to attach immovable
property? Rule
5, 6, 7, 8, 9, 10, 11, 12 and 13 of Order XXXVIII of Code of Civil Procedure 1908
ORDER XXIX
TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS
What are the Cases in which temporary injunction may be
granted? What is Injunction to restrain repetition or
continuance of breach, Consequence of disobedience or breach
of injunction, Before granting injunction? Is Court to
direct notice to opposite party? Is Court to dispose of
application for injunction within thirty days? Can Order for
injunction may he discharged, varied or set aside? Is
Injunction to corporation binding on its officer? Rule
1, 2, 2A, 3, 3A, 4 and 5 of Order XXIX of Code of Civil Procedure 1908
What is the Power to order interim sale? What is Detention
preservation, inspection, etc., of subject-matter of suit?
What is the meaning of Application for such orders to be
after notice? When party may be put in immediate possession
of land the subject-matter of suit? What is Deposit of
money, etc. in Court? Rule
6, 7, 8, 9 and 10 of Order XXIX of Code of Civil Procedure 1908
ORDER XL
APPOINTMENT OF RECEIVERS
What is the process of Appointment of receivers?
Remuneration, Duties, How to do Enforcement of receiver's
duties? When Collector may be appointed receiver? Rule
1, 2, 3, 4 and 5 of Order XL of Code of Civil Procedure 1908
ORDER XLI APPEALS FROM ORIGINAL DEGREES
Form of appeal, What to accompany memorandum? What are the
Grounds which may be taken in appeal? What is Rejection or
amendment of memorandums? How to file Application for
condonation of delay? What is the meaning of One of several
plaintiffs or defendants may obtain reversal of whole decree
where it proceeds on ground common to all? Rule
1, 2, 3 and 4 of Order XLI of Code of Civil Procedure 1908
What is Stay by Appellate Court? What is Security in
case of order for execution of decree appealed from?
What is Exercise of powers in appeal from order made
in execution of decree? Rule
5, 6, 7 and 8 of Order XLI of Code of Civil Procedure 1908
What is Registry of memorandum of appeals? Do
Appellate Court may require appellant to furnish
security for costs? What is the Power to dismiss
appeal without sending notice to Lower Courts? How
to fix Day for hearing appeal? Should Appellate
Court to give notice to Court whose decree applied
from? How is Publication and service of notice of
day for hearing appeal? What are the Contents of
notice? Rule
9, 10, 11, 12, 13, 14 and 15 of Order XLI of Code of Civil Procedure 1908
What is Right to begin? What is the meaning of
Dismissal of appeal for appellants' default? When
Dismissal of and where notice not served in
consequence of appellant's failure to deposit costs?
How to do Re-admission of appeal dismissed for
default? What is the Power to adjourn hearing and
direct persons appearing interested to be made
respondents? How to do Re-hearing on application of
respondent against whom ex parte decree made? Can
Upon hearing respondent may object to decree as if
he had preferred a separate appeal? Rule
16, 17, 18, 19, 20, 21 and 22 of Order XLI of Code of Civil Procedure 1908
What is Remand of case by Appellate Court? What is
Remand in other Cases? Where evidence on record
sufficient Appellate Court may determine case
finally? Where Appellate Court may frame issues and
refer them for trial to Court whose decree appealed
from? Should Findings and evidence to be put on
record? What are the Objections to finding? Should
Order of remand to mention date of next hearing? Can
Production of additional evidence in Appellate Court
allowed? What is the Mode of taking additional
evidence? What are the Points to be defined and
recorded? Rule
23, 24, 25, 26, 27, 28 and 29 of Order XLI of Code of Civil Procedure 1908
Judgment when and where pronounced? What are
Contents, date and signature of Judgment? What
Judgment may direct? What is the Power of Court of
Appeal? Is dissent to be recorded? Rule 30, 31, 32,
33 and 34 of Order XLI of Code of Civil Procedure 1908
What are Date and contents of decree? How many
Copies of Judgment and decree to be furnished to
parties? Should Certified copy of decree to be sent
to Court whose decree appealed from? Rule 35, 36 and
37 of Order XLI of Code of Civil Procedure 1908
ORDER XLII APPEALS FROM
APPELLATE DECREES
What is Procedure? What is the Power of Court to direct that
the appeal be heard on the question formulated by it? What
is Application of rule 14 of Order XLI? Rule 1, 2 and 3 of Order XLII of Code of Civil Procedure 1908
ORDER XLIII
APPEALS FROM ORDERS
Appeal from orders and Procedure Rule 1 and 2 of Order XLIII of Code of Civil Procedure 1908
ORDER XLIV APPEALS BY INDIGENT PERSONS
Who may appeal as an indigent person? Grant of time for
payment of court-fee, Inquiry as to whether applicant is an
indigent person? Rule 1, 2 and 3 of Order XLIV of Code of Civil Procedure 1908
ORDER XLV APPEALS TO THE SUPREME COURT
"Decree" defined, What is Application to Court whose decree
complained of? What is Certificate as to value or fitness?
What is the Effect of refusal of certificate? Are Security
and deposit required on grant of certificate? What is
Admission of appeal and procedure thereon? Rule 1, 2, 3, 4,
5, 6, 7 and 8 of Order XLV of Code of Civil Procedure 1908
What is Revocation of acceptance of security? What is the
Power to dispense with notices in case of deceased parties?
What is the Power to order further security or payment? What
is the Effect of failure to comply with order? Refund of
balance deposit, Powers of Court pending appeal, Increase of
security found inadequate, What is the Procedure to enforce
orders of the Supreme Court? How to file Appeal from order
relating to execution? Rule 9, 9A, 10, 11, 12, 13, 14, 15 and
16 of Order XLV of Code of Civil Procedure 1908
ORDER XLVI REFERENCE
What is Reference of question to High Court? Court may pass
decree contingent upon decision of High Court, Should
Judgment of High Court to be transmitted and case disposed
of accordingly? What is Costs of reference to High Court?
What is Reference to high Court under proviso to section
113? What is the Power to alter, etc., decree, of Court
making reference? What is the Power to refer to High Court
questions as to jurisdiction in small causes? What is the
Power to District Court to submit for revision proceeding
had under mistake as to jurisdiction in small causes? Rule
1, 2, 3, 4, 5, 6 and 7 of Order XLVI of Code of Civil Procedure 1908
ORDER XLVII REVIEW
What is Application for review of judgment? To whom
applications for review may be made? What is the Form of
applications for review? When Application where rejected?
How to file Application for review in Court consisting of
two or more judges? Application where rejected? When Order
of rejection not appealable? Objections to order granting
application, Registry of application granted, and order for
re-hearing, Bar of certain application? Rule 1, 2, 3, 4, 5,
6, 7, 8 and 9 of Order XLVII of Code of Civil Procedure 1908
ORDER XLVIII MISCELLANEOUS
Is Process to be served at expense of party issuing? Orders
and notices how served? Use of form in appendices? Rule 1, 2
and 3 of Order XLVIII of Code of Civil Procedure 1908
ORDER XLIX CHARTERED HIGH COURTS
Who may serve processes of High Court? What is Saying in
respect of Chartered High Courts? Application of rules? Rule
1, 2 and 3 of Order XLIX of Code of Civil Procedure 1908