C.P.C Made Easy

C.P.C Sections

This table brings you simplified summary of CPC Sections laying the principles of Order and Rules given in second table. The Section 1-8 are Preliminary Sections, which are not covered in this table as Part 1 starts from Section 9.

Part	Section	Section Title	Summary
PART I - SUITS IN GENERAL (JURISDICTION OF THE COURTS AND RES JUDICATA)	9	Courts to try all civil suits unless barred.	Civil courts can try all civil matters unless a law clearly or implicitly bars them. Disputes involving property or office rights are civil even if they involve religious questions. Whether the office has fees or a fixed location doesn’t affect the court’s power to hear the case.
PART I - SUITS IN GENERAL (JURISDICTION OF THE COURTS AND RES JUDICATA)	10	Stay of suit.	If a case on the same issue between the same parties is already pending in a court with proper jurisdiction, then no other court shall proceed with a fresh suit on that issue. This rule avoids duplicate trials on the same matter. However, if the case is pending in a foreign court, Indian courts can still hear the same issue.
PART I - SUITS IN GENERAL (JURISDICTION OF THE COURTS AND RES JUDICATA)	11	Res judicata.	A court cannot try a case or issue again if it was already directly and substantially decided in an earlier case between the same parties (or their representatives) by a competent court. This rule prevents repeated litigation on the same matter and ensures finality of judgments. Even execution proceedings and decisions by courts of limited jurisdiction can operate as res judicata in later cases.
PART I - SUITS IN GENERAL (JURISDICTION OF THE COURTS AND RES JUDICATA)	12	Bar to further suit.	If the rules of the Code prohibit filing another suit on the same cause of action, then the plaintiff cannot file such a suit in any court governed by the Code of Civil Procedure. This prevents re-litigation of matters that are already barred by procedural rules.
PART I - SUITS IN GENERAL (JURISDICTION OF THE COURTS AND RES JUDICATA)	13	When foreign judgment not conclusive.	A foreign judgment is generally final and binding between the same parties for issues already decided. However, it won’t be considered valid in India if it lacks jurisdiction, wasn't on merits, violates Indian law, natural justice, or was obtained by fraud. This ensures only fair and lawful foreign judgments are recognized by Indian courts.
PART I - SUITS IN GENERAL (JURISDICTION OF THE COURTS AND RES JUDICATA)	14	Presumption as to foreign judgments.	Indian courts will presume a foreign judgment is valid if a certified copy is produced. It is assumed that the foreign court had proper jurisdiction to pass the judgment. However, this presumption can be challenged by proving lack of jurisdiction.
PART I - SUITS IN GENERAL (PLACE OF SUING)	15	Court in which suits to be instituted.	A case must be filed in the lowest court that is legally allowed to hear and decide it.
PART I - SUITS IN GENERAL (PLACE OF SUING)	16	Suits to be instituted where subject-matter situate.	Cases related to immovable property (like land, building, mortgage, partition, damage, or possession) must be filed in the court where the property is located. If relief can be granted solely through the defendant's personal action, the case can also be filed where the defendant resides or works. The term "property" here refers only to property within India.
PART I - SUITS IN GENERAL (PLACE OF SUING)	17	Suits for immovable property situate within jurisdiction of different Courts.	If a case involves immovable property located in more than one court’s area, it can be filed in any one court where any part of the property is situated. However, that court must have the authority to handle the full value of the claim.
PART I - SUITS IN GENERAL (PLACE OF SUING)	18	Place of Institution of suit where local limits of jurisdiction of Courts are uncertain.	If it’s unclear which court’s area an immovable property falls under, any one of the possible courts can hear the case after recording the reason for uncertainty. The court’s decision will be valid as if it had clear jurisdiction, as long as it's competent based on the case's nature and value. An objection to jurisdiction won’t be accepted on appeal unless there was no real confusion at the start and it caused injustice.
PART I - SUITS IN GENERAL (PLACE OF SUING)	19	Suits for compensation for wrongs to person or movables.	If someone suffers harm to their body or movable property, the case can be filed in: • the court where the wrong happened, or • the court where the defendant lives, works, or does business. The plaintiff can choose either of these courts.
PART I - SUITS IN GENERAL (PLACE OF SUING)	20	Other suits to be instituted where defendants reside or cause of action arises.	A suit can be filed where the defendant lives, works, or does business, or where the cause of action arises, fully or partly. If there are multiple defendants, the suit can be filed where any one of them lives or works, with the court’s permission or their consent. For companies, the suit can be filed at their head office or at a branch office if the dispute arose there.
PART I - SUITS IN GENERAL (PLACE OF SUING)	21	Objections to jurisdiction.	A party cannot raise objections about court jurisdiction (place, pecuniary, or territorial) in appeal or revision unless the objection was raised early in the trial court and before issues were settled. Even then, the objection is valid only if it caused a failure of justice.
PART I - SUITS IN GENERAL (PLACE OF SUING)	21A	Bar on suit to set aside decree on objection as to place of suing.	You cannot file a new suit to invalidate a previous decree just because the earlier case was filed in the wrong place (jurisdiction). This rule applies to disputes between the same parties (or their legal successors) from the earlier suit. It ensures that procedural technicalities like place of suing cannot undo valid court decisions.
PART I - SUITS IN GENERAL (PLACE OF SUING)	22	Power to transfer suits which may be instituted in more than one Court.	If a suit can be legally filed in two or more courts, and it's filed in one, a defendant may request a transfer to another suitable court at the earliest stage, before issues are settled. The court will then decide which of the competent courts should hear the case, after hearing all parties.
PART I - SUITS IN GENERAL (PLACE OF SUING)	23	To what Court application lies.	If all the courts involved are under the same Appellate Court, the transfer application goes to that Appellate Court. If the courts fall under different Appellate Courts but the same High Court, apply to the High Court. If the courts are under different High Courts, apply to the High Court where the suit was originally filed.
PART I - SUITS IN GENERAL (PLACE OF SUING)	24	General power of transfer and withdrawal.	The High Court or District Court can transfer or withdraw any suit, appeal, or proceeding from a subordinate court at any stage, either on a party's request or on its own. It may then try the case itself, send it to another competent subordinate court, or return it to the original court. Even if the original court lacked jurisdiction, the transfer is valid, and the new court may start fresh or continue from where it left off.
PART I - SUITS IN GENERAL (PLACE OF SUING)	25	Power of Supreme Court to transfer suits, etc.	The Supreme Court can transfer any suit, appeal, or proceeding from one State’s High Court or Civil Court to another’s if it deems it necessary for justice. The receiving court may retry the case or continue from where it was left, as directed by the Supreme Court. If the transfer request is found frivolous, the applicant may be ordered to pay compensation up to ₹2000 to the opposing party.
PART I - SUITS IN GENERAL (INSTITUTION OF SUITS)	26	Institution of suits.	Every civil suit must be formally initiated by presenting a plaint or as otherwise prescribed by law. All facts stated in the plaint must be supported by an affidavit, ensuring truthfulness and legal accountability. This affidavit must follow the format prescribed in Order 6 Rule 15A of the Code of Civil Procedure.
PART I - SUITS IN GENERAL (SUMMONS AND DISCOVERY)	27	Summons to defendants.	Once a suit is properly filed, the Court may issue a summons to the defendant to appear and respond to the claim. This summons must be served within 30 days from the date the suit was instituted.
PART I - SUITS IN GENERAL (SUMMONS AND DISCOVERY)	28	Service of summons where defendant resides in another State.	If the defendant lives in another State, the Court can send the summons to a Court in that State as per that State’s rules. The receiving Court will handle the summons as if it had issued it and return it with a record of what was done. If the languages differ, a translation in Hindi or English must also be sent along with the record.
PART I - SUITS IN GENERAL (SUMMONS AND DISCOVERY)	29	Service of foreign summonses.	Summonses issued by courts outside the territories where the CPC applies— including courts in areas of India not governed by CPC, or foreign courts authorized by the Central Government— can be served within India as if they were issued by an Indian Civil Court under the Code of Civil Procedure.
PART I - SUITS IN GENERAL (SUMMONS AND DISCOVERY)	30	Power to order discovery and the like.	The Court has the authority—on its own or on a party’s request— to make necessary orders for discovery, admission, or production of documents or facts relevant to the case. It may also summon witnesses or allow facts to be proved through affidavits.
PART I - SUITS IN GENERAL (SUMMONS AND DISCOVERY)	31	Summons to witness.	The rules for serving summons to defendants also apply to summonses issued to witnesses for giving evidence or producing documents.
PART I - SUITS IN GENERAL (SUMMONS AND DISCOVERY)	32	Penalty for default.	If a person fails to comply with a summons issued under Section 30, the Court can enforce their attendance using legal means. This includes issuing an arrest warrant, attaching and selling their property, imposing a fine (up to ₹5,000), or requiring security for appearance. If security is not furnished, the person can be sent to civil prison.
PART I - SUITS IN GENERAL (JUDGMENT AND DECREE)	33	Judgment and decree.	After hearing the case, the Court gives its judgment, and a formal decree is issued based on that judgment.
PART I - SUITS IN GENERAL (INTEREST)	34	Interest.	This section allows the Court to grant interest on the principal amount from the date of the suit to the date of the decree, and further interest (up to 6% per annum) from the decree date until payment. For commercial transactions, interest beyond 6% may be allowed, but it cannot exceed the contractual rate or the lending rate of nationalised banks. If the decree doesn’t mention further interest after the decree date, it is considered denied, and no separate suit for it is allowed.
PART I - SUITS IN GENERAL (COSTS)	35	Costs.	This section gives the Court full discretion to decide who will bear the costs of a suit, how much, and when, including in commercial disputes. Generally, the losing party pays the costs of the winning party, unless the Court records reasons for deciding otherwise.
PART I - SUITS IN GENERAL (COSTS)	35A	Compensatory costs in respect of false or vexatious claims or defences.	This section allows the Court to award compensatory costs (up to ₹3,000 or within pecuniary limits) if a party knowingly files a false or vexatious claim or defence, and it is later disallowed or withdrawn. Such compensation does not protect the party from any related criminal liability and may be considered in future damage claims.
PART I - SUITS IN GENERAL (COSTS)	35B	Costs for causing delay.	If a party delays court proceedings by failing to take required steps or seeking adjournments, the Court may order them to pay costs to the other party for that day's expenses. These costs must be paid before the case proceeds further, and if unpaid, can be executed like a decree.
PART II - EXECUTION (GENERAL)	36	Application to orders.	The rules for executing decrees also apply to executing court orders, including payment-related orders.
PART II - EXECUTION (GENERAL)	37	Definition of Court which passed a decree.	The term "Court which passed a decree" includes both the original court and, if it no longer exists or lacks jurisdiction, any court that would now have jurisdiction to try the case. Even if jurisdiction changes due to territorial transfer, both the old and new courts can execute the decree.
PART II - EXECUTION (COURTS BY WHICH DECREES MAY BE EXECUTED)	38	Court by which decree may be executed.	A decree can be executed by the court that passed it or by another court to which it is transferred for execution.
PART II - EXECUTION (COURTS BY WHICH DECREES MAY BE EXECUTED)	39	Transfer of decree.	A court that passed a decree can transfer it to another competent court for execution if conditions like the judgment-debtor’s residence, property location, or other valid reasons exist. However, it cannot execute the decree outside its own jurisdiction limits.
PART II - EXECUTION (COURTS BY WHICH DECREES MAY BE EXECUTED)	40	Transfer of decree to Court in another State.	When a decree is sent for execution to another State, it must be sent to and executed by the appropriate court as per that State’s procedural rules.
PART II - EXECUTION (COURTS BY WHICH DECREES MAY BE EXECUTED)	41	Result of execution proceedings to be certified.	The Court executing a transferred decree must inform the original Court whether the decree was successfully executed. If not, it must report the reasons for the failure.
PART II - EXECUTION (COURTS BY WHICH DECREES MAY BE EXECUTED)	42	Powers of Court in executing transferred decree.	A court executing a transferred decree has the same powers as if it passed the decree itself, including powers like attachment and execution against legal representatives. However, it cannot authorize execution by a transferee or against certain third parties without specific permissions.
PART II - EXECUTION (COURTS BY WHICH DECREES MAY BE EXECUTED)	43	Execution of decrees passed by Civil Courts in places to which this Code does not extend.	A decree passed by a Civil Court in areas where the CPC doesn’t apply (including outside India under Central Government authority) can still be executed within India, as per the procedure in the Code. This applies when the original Court lacks territorial jurisdiction for execution.
PART II - EXECUTION (COURTS BY WHICH DECREES MAY BE EXECUTED)	44	Execution of decrees passed by Revenue Courts in places to which this Code does not extend.	Decrees passed by Revenue Courts in areas where the CPC doesn’t apply can be executed within a State if the State Government, by official notification, permits it. These decrees will then be treated as if passed by that State’s own Courts.
PART II - EXECUTION (COURTS BY WHICH DECREES MAY BE EXECUTED)	44A	Execution of decrees passed by Courts in reciprocating territory.	A decree from a superior court in a reciprocating foreign territory can be executed in India as if it were passed by an Indian District Court. However, execution can be refused if the decree falls under any of the exceptions listed in Section 13 (e.g., lack of jurisdiction, fraud, violation of Indian law).
PART II - EXECUTION (COURTS BY WHICH DECREES MAY BE EXECUTED)	45	Execution of decrees outside India.	This provision allows Indian Courts to send decrees for execution to Courts established **outside India** by the Central Government. Such execution is permitted only if the **State Government notifies** that this section applies to that foreign Court.
PART II - EXECUTION (COURTS BY WHICH DECREES MAY BE EXECUTED)	46	Precepts.	A precept is a direction from the Court that passed a decree to another competent Court to temporarily attach the judgment-debtor's property. This attachment lasts up to two months, unless extended or the decree is formally transferred for execution and sale is requested.
PART II - EXECUTION (QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE)	47	Questions to be determined by the Court executing decree.	All disputes related to the execution, satisfaction, or discharge of a decree between parties (or their representatives) must be decided by the executing court, not through a separate suit. This includes questions about legal representatives, and purchasers of property in execution are also treated as parties for possession-related issues.
	48(Repealed)
PART II - EXECUTION (TRANSFEREES AND LEGAL REPRESENTATIVES)	49	Transferee.	A person who receives a transferred decree holds it **subject to any rights or defenses** the judgment-debtor had against the original decree-holder.
PART II - EXECUTION (TRANSFEREES AND LEGAL REPRESENTATIVES)	50	Legal representative.	If a judgment-debtor dies, the decree-holder can execute the decree against the legal representative, but only to the extent of the deceased’s property received and not properly used. The Court may require the legal representative to produce accounts to determine this liability.
PART II - EXECUTION (PROCEDURE IN EXECUTION)	51	Powers of Court to enforce execution.	The Court can execute a decree by delivering property, selling assets, arresting the judgment-debtor, or appointing a receiver, depending on the nature of relief. However, detention in prison for money decrees is allowed only in specific cases of fraud, willful non-payment, or bad faith, after giving the debtor a chance to respond.
PART II - EXECUTION (PROCEDURE IN EXECUTION)	52	Enforcement of decree against legal representative.	If a decree orders payment from the deceased's property, it can be enforced by attaching and selling that property in the legal representative's possession. If the legal representative fails to show proper use of the property received, the Court may enforce the decree against him personally to that extent.
PART II - EXECUTION (PROCEDURE IN EXECUTION)	53	Liability of ancestral property.	If a son or descendant inherits ancestral property liable under Hindu law for a deceased ancestor’s debt (for which a decree exists), that property is treated as the deceased’s property in the heir’s hands for execution purposes.
PART II - EXECUTION (PROCEDURE IN EXECUTION)	54	Partition of estate or separation of share.	When a court passes a decree for partition or separate possession of an undivided estate paying land revenue to the government, the Collector or a gazetted officer appointed by him will carry out the partition as per the applicable law.
PART II - EXECUTION (ARREST AND DETENTION)	55	Arrest and detention.	A judgment-debtor can be arrested anytime for executing a money decree, but with protections like no arrest in homes at night and special care for women. If the debtor pays the dues during arrest, he must be released immediately. He can also seek insolvency relief and be released on providing security, failing which the court may detain him or forfeit the security.
PART II - EXECUTION (ARREST AND DETENTION)	56	Prohibition of arrest or detention of women in execution of decree for money.	A woman cannot be arrested or detained in civil prison for recovery of money under a court decree.
PART II - EXECUTION (ARREST AND DETENTION)	57	Subsistence-allowance.	The State Government can set different monthly subsistence allowance rates for judgment-debtors based on their rank, race, and nationality.
PART II - EXECUTION (ARREST AND DETENTION)	58	Detention and release.	A judgment-debtor may be detained in civil prison up to 3 months if the decree amount exceeds ₹5,000, and up to 6 weeks if it is between ₹2,000–₹5,000. No detention is allowed if the decree amount is ₹2,000 or less, and release from prison does not cancel the debt, though re-arrest is barred.
PART II - EXECUTION (ARREST AND DETENTION)	59	Release on ground of illness.	A judgment-debtor may be released or not arrested if seriously ill or suffering from infectious disease. However, such a person can be re-arrested later, but total detention cannot exceed the time limits under Section 58.
PART II - EXECUTION (ATTACHMENT)	60	Property liable to attachment and sale in execution of decree.	This section outlines what property of a judgment-debtor can be attached and sold in execution of a decree. It includes most movable and immovable property but exempts essentials like clothes, tools, pensions, partial salary, provident funds, and personal rights. Exemptions aim to protect basic livelihood and rights, especially for agriculturists, workers, and government servants.
PART II - EXECUTION (ATTACHMENT)	61	Partial exemption of agricultural produce.	The State Government can declare certain portions of agricultural produce as exempt from attachment or sale. This exemption ensures the judgment-debtor agriculturist can cultivate land and support their family until the next harvest.
PART II - EXECUTION (ATTACHMENT)	62	Seizure of property in dwelling house.	Seizure of movable property from a dwelling-house must follow strict rules: entry is barred between sunset and sunrise, doors can't be broken unless access is denied, and if a woman who doesn't appear in public occupies a room, she must be given notice and time to withdraw before entry is made.
PART II - EXECUTION (ATTACHMENT)	63	Property attached in execution of decrees of several Courts.	When multiple courts attach the same property, the court of the highest rank—or the one that first ordered attachment if ranks are equal—will handle its sale, claims, and objections. Proceedings by other courts remain valid, except set-off orders for decree-holder buyers.
PART II - EXECUTION (ATTACHMENT)	64	Private alienation of property after attachment to be void.	Once a property is attached by the Court, any private transfer or payment made in violation of that attachment is void against claims under the attachment—unless the transfer was based on a registered agreement made before the attachment.
PART II - EXECUTION (SALE)	65	Purchaser’s title.	When immovable property is sold in execution and the sale becomes absolute, the buyer’s ownership is considered effective from the date of sale—not from the date the sale is confirmed.
	66 (Repealed)
PART II - EXECUTION (SALE)	67	Power for State Government to make rules as to sales of land in execution of decrees for payment of money.	The State Government may make rules for the sale of uncertain land interests in execution of money decrees, where their value cannot be fixed. It can also continue or modify pre-existing local rules through notification. All such rules must be laid before the State Legislature after being made.
	68-72 (Repealed)
PART II - EXECUTION (DISTRIBUTION OF ASSETS)	73	Proceeds of execution-sale to be rateably distributed among decree-holders.	When a Court holds sale proceeds and multiple decree-holders have applied for execution against the same judgment-debtor, the proceeds—after costs—are distributed rateably among them. Special provisions apply if the sold property is mortgaged or charged, ensuring mortgagees can either retain rights in surplus or proceeds based on consent. If any entitled person is wrongly denied their share, they may sue to recover it; government rights remain unaffected.
PART II - EXECUTION (DISTRIBUTION OF ASSETS)	74	Resistance to execution.	If a decree-holder or purchaser is obstructed from taking possession of immovable property without just cause by the judgment-debtor or someone on their behalf, the Court may order their civil imprisonment for up to 30 days. The Court may also direct that possession of the property be handed over to the decree-holder or purchaser.
PART III - INCIDENTAL PROCEEDINGS (COMMISSIONS)	75	Power of Court to issue commissions.	The Court may issue a commission for various purposes such as examining a person, conducting local or expert investigations, examining accounts, making partition, conducting sales of perishable property, or performing ministerial acts—subject to prescribed conditions and limitations.
PART III - INCIDENTAL PROCEEDINGS (COMMISSIONS)	76	Commission to another Court.	A Court may issue a commission to another Court in a different State to examine a person residing there; the receiving Court must conduct the examination and return the executed commission with the recorded evidence to the issuing Court, unless directed otherwise.
PART III - INCIDENTAL PROCEEDINGS (COMMISSIONS)	77	Letter of request.	Instead of issuing a commission, the Court may issue a letter of request to examine a witness residing outside India.
PART III - INCIDENTAL PROCEEDINGS (COMMISSIONS)	78	Commissions issued by foreign Courts.	Provisions for executing and returning witness examination commissions apply equally to those issued by: (a) Courts in areas where CPC doesn't apply, (b) Courts established by the Central Government outside India, or (c) foreign Courts outside India.
PART IV - SUITS IN PARTICULAR CASES (SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY)	79	Suits by or against Government.	In suits involving the government, the party named shall be: (a) "Union of India" for the Central Government, and (b) the concerned "State" for a State Government.
PART IV - SUITS IN PARTICULAR CASES (SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY)	80	Notice.	Before suing the Government or a public officer for acts in official capacity, a 2-month prior written notice must be served to the designated authority (e.g., Secretary, Collector, General Manager of Railway), stating cause of action and relief claimed. Urgent suits may proceed without notice with Court’s permission, but relief isn’t granted without giving Government/public officer a chance to respond. No suit will be dismissed for minor errors in notice if it enables identification of the plaintiff and outlines cause of action and relief.
PART IV - SUITS IN PARTICULAR CASES (SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY)	81	Exemption from arrest and personal appearance.	In suits against public officers for acts done in official capacity: (a) They cannot be arrested nor their property attached except in execution of a decree; (b) If their absence harms public duty, the Court must exempt them from personal appearance.
PART IV - SUITS IN PARTICULAR CASES (SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY)	82	Execution of decree.	If a decree, order, or award is passed against the Union, State, or a public officer for an official act, it cannot be executed for 3 months from the date of the decree. Execution can proceed only if it's still unsatisfied after that period. This rule also applies to executable awards and orders, treating them like decrees.
PART IV - SUITS IN PARTICULAR CASES (SUITS BY ALEINS AND BY OR AGAINST FOREIGN RULERS, AMBASSSADORS AND ENVOYS)	83	When aliens may sue.	Alien friends and alien enemies with Central Government's permission can sue in Indian courts like citizens. Alien enemies without such permission, or residing in a hostile country, cannot sue.
PART IV - SUITS IN PARTICULAR CASES (SUITS BY ALEINS AND BY OR AGAINST FOREIGN RULERS, AMBASSSADORS AND ENVOYS)	84	When foreign States may sue.	A foreign State can sue in a competent Court, provided the suit enforces a private right vested in its Ruler or an officer in his public capacity.
PART IV - SUITS IN PARTICULAR CASES (SUITS BY ALEINS AND BY OR AGAINST FOREIGN RULERS, AMBASSSADORS AND ENVOYS)	85	Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.	The Central Government may appoint persons to prosecute or defend suits on behalf of a foreign Ruler, who shall be deemed recognized agents under the Code. Such appointment may be for one or more specified suits or for all necessary suits. These appointed persons can further authorize others to act in such suits as if they were parties.
PART IV - SUITS IN PARTICULAR CASES (SUITS BY ALEINS AND BY OR AGAINST FOREIGN RULERS, AMBASSSADORS AND ENVOYS)	86	Suits against foreign Rulers, Ambassadors and Envoys.	A foreign State (or its ruler, envoy, ambassador, etc.) cannot be sued in Indian courts without prior written consent of the Central Government, except when the suit relates to tenancy of immovable property. Consent may be specific or general and may be granted only if the foreign State has waived immunity, trades within jurisdiction, owns property there, or has itself filed a suit. No decree can be executed against foreign State property without such consent, and such entities are exempt from arrest; the applicant must be heard before consent is denied.
PART IV - SUITS IN PARTICULAR CASES (SUITS BY ALEINS AND BY OR AGAINST FOREIGN RULERS, AMBASSSADORS AND ENVOYS)	87	Style of foreign Rulers as parties to suits.	A foreign Ruler shall sue or be sued in the name of their State. However, the Central Government may direct that the Ruler be sued in the name of an agent or another name when granting consent under Section 86.
PART IV - SUITS IN PARTICULAR CASES (SUITS BY ALEINS AND BY OR AGAINST FOREIGN RULERS, AMBASSSADORS AND ENVOYS)	87A	Definitions of 'foreign State' and 'Ruler'.	A “foreign State” is any State outside India recognized by the Central Government, and a “Ruler” is the person recognized as its head. All Courts must take judicial notice of such recognition.
PART IV - SUITS IN PARTICULAR CASES (SUITS AGAINST RULERS OF FORMER INDIAN STATES)	87B	Application of sections 85 and 86 to Rulers of former Indian States.	These provisions apply to suits or proceedings based on causes of action arising before 26 January 1950 involving Rulers of former Indian States. "Former Indian State" and "Ruler" are as defined by the Central Government and Article 363 of the Constitution.
PART IV - SUITS IN PARTICULAR CASES (INTERPLEADER)	88	Where interpleader-suit may be instituted.	When multiple parties claim the same money or property from someone who holds it without personal interest (except charges/costs), that person may file an interpleader suit to determine the rightful claimant and seek indemnity. However, if another suit is already pending to decide these rights, no interpleader suit can be filed.
PART V - SPECIAL PROCEEDINGS (ARBITRATION)	89	Settlement of disputes outside the Court.	If the Court sees scope for settlement, it may draft terms and refer the case for arbitration, conciliation, judicial settlement (including Lok Adalat), or mediation. Each method follows its governing law: Arbitration & Conciliation Act, 1996 or Legal Services Authority Act, 1987. In mediation, the Court facilitates compromise using the prescribed procedure.
PART V - SPECIAL PROCEEDINGS (SPECIAL CASE)	90	Power to state case for opinion of Court.	When parties agree in writing, the Court may decide a stated case as per prescribed procedure.
PART V - SPECIAL PROCEEDINGS (PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC)	91	Public nuisances and other wrongful acts affecting the public.	For public nuisance or wrongful acts affecting the public, a suit may be filed by the Advocate-General or by two or more persons with the Court’s permission, even without special damage. This does not affect any existing independent right to sue.
PART V - SPECIAL PROCEEDINGS (PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC)	92	Public charities.	A suit relating to breach or administration of public charitable or religious trusts may be filed by the Advocate-General or two interested persons with the Court’s permission. Reliefs include removing or appointing trustees, directing accounts, or settling schemes. The Court may also modify the trust's original purpose and apply its property cy pres (as near as possible), if the original purpose is unfulfillable or outdated.
PART V - SPECIAL PROCEEDINGS (PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC)	93	Exercise of powers of Advocate-General outside presidency-towns.	Outside presidency-towns, powers under Sections 91 and 92 may also be exercised by the Collector or any officer appointed by the State Government with its prior sanction.
PART VI - SUPPLEMENTAL PROCEEDINGS	94	Supplemental proceedings.	To prevent justice from being defeated, the Court may arrest the defendant for security, attach property, grant temporary injunctions, or appoint a receiver. Non-compliance may lead to civil imprisonment or property sale. The Court may also issue other necessary interim orders.
PART VI - SUPPLEMENTAL PROCEEDINGS	95	Compensation for obtaining arrest, attachment or injunction on insufficient ground.	If arrest, attachment, or injunction was obtained on insufficient or baseless grounds, or the plaintiff’s suit fails without reasonable cause, the defendant may seek compensation. The Court may award up to ₹50,000 (within its pecuniary limits) for expenses or injury, including harm to reputation. Once decided, no separate suit for such compensation can be filed.
PART VII - APPEALS (APPEALS FROM ORIGINAL DECREES)	96	Appeal from original decree.	An appeal lies from any original decree unless barred by law, including those passed ex parte. No appeal is allowed if the decree is passed with consent of parties. In Small Cause suits under ₹10,000, appeal is allowed only on a question of law.
PART VII - APPEALS (APPEALS FROM ORIGINAL DECREES)	97	Appeal from final decree where no appeal from preliminary decree.	If a party doesn't appeal a preliminary decree, they can't challenge it later in an appeal from the final decree. This rule applies to preliminary decrees passed after the Code came into force.
PART VII - APPEALS (APPEALS FROM ORIGINAL DECREES)	98	Decision where appeal heard by two or more Judges.	If an appeal is heard by two or more Judges, it's decided by the majority opinion. If there's no majority to change the decree, it stands confirmed. If two Judges differ on a legal point, it can be referred to more Judges for a majority decision.
PART VII - APPEALS (APPEALS FROM ORIGINAL DECREES)	99	No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.	A decree won't be reversed or modified on appeal due to errors or defects that don’t affect the case's merits or the Court’s jurisdiction. However, this doesn’t apply if a necessary party was not joined.
PART VII - APPEALS (APPEALS FROM ORIGINAL DECREES)	99A	No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected.	An order under Section 47 won't be reversed or changed just because of any defect or error in procedure, unless it has actually affected the outcome of the case in a harmful way.
PART VII - APPEALS (APPEALS FROM APPELLATE DECREES)	100	Second appeal.	A second appeal to the High Court is allowed only when there is a substantial question of law involved in a decree passed by a subordinate appellate court. The appeal must clearly state that legal question, and the High Court will formally frame it for hearing. The court can also consider other legal questions not initially framed, if justified with reasons.
PART VII - APPEALS (APPEALS FROM APPELLATE DECREES)	100A	No further appeal in certain cases.	When an appeal from an original or appellate decree or order is decided by a Single Judge of a High Court, no further appeal is allowed. This applies despite anything stated in Letters Patent or any other prevailing law.
PART VII - APPEALS (APPEALS FROM APPELLATE DECREES)	101	Second appeal on no other grounds.	A second appeal is allowed only on the grounds stated in Section 100.
PART VII - APPEALS (APPEALS FROM APPELLATE DECREES)	102	No second appeal in certain cases.	No second appeal is allowed if the original suit involves recovery of money not exceeding ₹25,000.
PART VII - APPEALS (APPEALS FROM APPELLATE DECREES)	103	Power of High Court to determine issues of fact.	In second appeals, the High Court may decide an issue of fact if there's enough evidence on record, and the issue was either not decided or wrongly decided due to a legal error under Section 100.
PART VII - APPEALS (APPEALS FROM ORDERS)	104	Orders from which appeal lies.	Appeals lie only from specific orders like those under Sections 35A, 91, 92, 95, or orders imposing fines or arrest (excluding decree execution), or orders expressly appealable under rules. No appeal lies from any order passed in appeal under this section. Also, appeals under clause (ff) are limited to challenging excess or unjustified compensation.
PART VII - APPEALS (APPEALS FROM ORDERS)	105	Other orders.	Generally, no appeal lies from an order, but if a decree is appealed, related order errors can be challenged in the appeal. If a party doesn't appeal a remand order (when appealable), they can't later question its correctness.
PART VII - APPEALS (APPEALS FROM ORDERS)	106	What Courts to hear appeals.	An appeal from an order lies to the same Court as an appeal from the decree in that suit, or to the High Court if made in appellate jurisdiction.
PART VII - APPEALS (GENERAL PROVISIONS RELATING TO APPEALS)	107	Powers of Appellate Court.	The Appellate Court can finally decide the case, remand it, frame issues, or take additional evidence. It also exercises similar powers and duties as the original Court, subject to prescribed limits.
PART VII - APPEALS (GENERAL PROVISIONS RELATING TO APPEALS)	108	Procedure in appeals from appellate decrees and orders.	The rules for appeals from original decrees also apply to appeals from appellate decrees and certain orders. This includes orders under the Code or any special/local law unless a different procedure is specified.
PART VII - APPEALS (APPEALS TO THE SUPREME COURT)	109	When appeals lie to the Supreme Court.	An appeal lies to the Supreme Court from a High Court's judgment, decree, or final order in civil matters, if the High Court certifies a substantial question of law of general importance needing Supreme Court decision.
	110-111A (Repealed)
PART VII - APPEALS (APPEALS TO THE SUPREME COURT)	112	Savings.	This Code does not affect the Supreme Court's constitutional powers or its rules on appeals. It also doesn’t apply to criminal, admiralty, or Prize Court matters.
PART VIII - REFERENCE, REVIEW AND REVISION	113	Reference to High Court.	A Court may refer a case to the High Court for its opinion on legal issues. If a law's validity is in question and not yet declared invalid, the Court must refer it with reasons.
PART VIII - REFERENCE, REVIEW AND REVISION	114	Review.	A person aggrieved by a decree or order (whether appealable or not, but no appeal filed) may seek review. The same Court that passed the order may review and decide as it deems appropriate.
PART VIII - REFERENCE, REVIEW AND REVISION	115	Revision.	The High Court may revise decisions of subordinate courts where no appeal lies and jurisdictional errors or material irregularity exist. However, it cannot interfere with interlocutory orders unless they would have finally disposed of the case. Revisions don’t automatically stay proceedings unless expressly ordered by the High Court.
PART IX - SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER	116	Part to apply only to certain High Courts.	This part of the Code applies only to High Courts and does not apply to Courts of Judicial Commissioners.
PART IX - SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER	117	Application of Code to High Courts.	Unless otherwise stated in this Part, Part X, or in rules, the Code’s provisions apply to High Courts as well.
PART IX - SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER	118	Execution of decree before ascertainment of costs.	A High Court may allow immediate execution of its decree (excluding costs), and the cost portion can be executed once the amount is determined through taxation.
PART IX - SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER	119	Unauthorised persons not to address Court.	Only those authorized by the Court’s charter or rules (like advocates, vakils, attorneys) may address the Court or examine witnesses; others are not permitted.
PART IX - SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER	120	Provisions not applicable to High Court in original civil jurisdiction.	Sections 16, 17, and 20 do not apply when a High Court exercises original civil jurisdiction.
PART X - RULES	121	Effect of rules in First Schedule.	Rules in the First Schedule shall operate as if part of the Code itself, unless annulled or changed under this Part.
PART X - RULES	122	Power of certain High Courts to make rules.	High Courts (excluding those of Judicial Commissioners) may frame rules for their own and subordinate courts’ procedure, and may amend or override rules in the First Schedule.
PART X - RULES	123	Constitution of Rules Committees in certain States.	Every High Court (as per Section 122) must have a Rule Committee at its principal seat, consisting of 3 High Court Judges (one with 3 years as District or Divisional Judge), 2 enrolled legal practitioners, and 1 subordinate judge. Members are appointed by the High Court, which also appoints a president and a secretary (remunerated by the State Government).
PART X - RULES	124	Committee to report to High Court.	Before a High Court makes or alters rules under Section 122, its Rule Committee must submit a report on the proposed changes, and the High Court must consider that report before finalizing any rules.
PART X - RULES	125	Power of other High Courts to make rules.	High Courts not covered under Section 122 can also make procedural rules, subject to conditions set by the State Government, and may adopt rules made by other High Courts within their own jurisdiction after prior publication.
PART X - RULES	126	Rules to be subject to approval.	Rules made under earlier provisions require prior approval—by the State Government if the Court is within a State, or by the Central Government if not.
PART X - RULES	127	Publication of rules.	Once approved, rules must be published in the Official Gazette and will have the same effect as those in the First Schedule from the date specified.
PART X - RULES	128	Matters for which rules may provide.	ules, consistent with the Code, may govern civil court procedures such as service of summons, custody and sale of attached property, counterclaims, garnishee procedures, contribution/indemnity claims, and summary procedures for recovery of money or property. They may also include originating summons, consolidation of cases, delegation of duties to court officers, and required court forms and registers.
PART X - RULES	129	Power of High Courts to make rules as to their original civil procedure.	High Courts (except Judicial Commissioners’ Courts) may make rules for their original civil procedure, provided they are not inconsistent with their Letters Patent or founding laws. Existing valid rules remain unaffected by this Code.
PART X - RULES	130	Power of other High Courts to make rules as to matters other than procedure.	High Courts (excluding those under section 129) may, with State Government approval, make rules on non-procedural matters. These rules apply to areas under their jurisdiction outside presidency towns under Article 227 of the Constitution.
PART X - RULES	131	Publication of rules.	Rules made under section 129 or 130 must be published in the Official Gazette. They attain the force of law from the date of publication or a later specified date.
PART XI - MISCELLANEOUS	132	Exemption of certain women from personal appearance.	Women who, by custom or societal norms, should not appear in public are exempt from personal appearance in court. However, they are not exempt from arrest under civil process unless specifically prohibited by the Code.
PART XI - MISCELLANEOUS	133	Exemption of other persons.	High constitutional authorities like the President, Vice-President, Union Ministers, Supreme Court and High Court Judges, Governors, and certain legislators are exempt from personal court appearance. If such exempted persons need to be examined, it must be done by commission, and the cost is to be borne by them unless the other party agrees to pay.
PART XI - MISCELLANEOUS	134	Arrest other than in execution of decree.	Sections 55, 57, and 59 of the Code shall apply, as far as possible, to all arrests made under this Code other than for decree execution.
PART XI - MISCELLANEOUS	135	Exemption from arrest under civil process.	(1) Judges and judicial officers are exempt from civil arrest while going to, presiding in, or returning from court. (2) Parties, their lawyers, agents, and summoned witnesses are protected from civil arrest while attending a tribunal in good faith. (3) This exemption doesn’t apply to judgment-debtors facing immediate execution or appearing for imprisonment proceedings.
PART XI - MISCELLANEOUS	135A	Exemption of members of legislative bodies from arrest and detention under civil process.	(1) Members of Parliament, State Legislatures, and their committees are exempt from arrest under civil process during sessions, meetings, and for 40 days before and after such sessions. (2) If released under this exemption, the person can be re-arrested after the protected period ends.
PART XI - MISCELLANEOUS	136	Procedure where person to be arrested or property to be attached is outside district.	If a person/property to be arrested/attached is outside the court's district, the court may send the arrest/attachment order and cost estimate to the relevant District Court. That District Court or its subordinate court will carry out the arrest or attachment and report back. The arrested person may be sent to the original court unless they show cause or give sufficient security; special procedure applies in Calcutta, Madras, and Bombay via Small Causes Courts.
PART XI - MISCELLANEOUS	137	Language of subordinate Courts.	(1) The language used in subordinate courts at the start of the Code shall continue until the State Government decides otherwise. (2) The State Government can declare the court language and script for applications and proceedings. (3) Documents (except evidence) may be in English, but if a party doesn’t understand English, a translated copy in the court's language must be provided on request, and the court will decide who bears the translation cost.
PART XI - MISCELLANEOUS	138	Power of High Court to require evidence to be recorded in English.	(1) The High Court can notify that certain judges must record evidence in English in appealable cases. (2) If a judge cannot follow this, they must record the reason and have the evidence written from their dictation in open court.
PART XI - MISCELLANEOUS	139	Oath on affidavit by whom to be administered.	Oaths on affidavits under this Code can be administered by a Court, Magistrate, notary, or any officer authorized by the High Court or State Government. These officials ensure the affidavit is sworn properly by the deponent.
PART XI - MISCELLANEOUS	140	Assessors in causes of salvage, etc.	In admiralty cases like salvage, wreck, or collision, the Court may summon two expert assessors to assist, especially if either party requests it. The assessors are paid fees as directed by the Court or prescribed rules.
PART XI - MISCELLANEOUS	141	Miscellaneous proceedings.	The procedure for suits under this Code applies, as far as possible, to all civil court proceedings. Explanation: This includes proceedings under Order IX but excludes those under Article 226 of the Constitution.
PART XI - MISCELLANEOUS	142	Orders and notices to be in writing.	All orders and notices under this Code must be served or given in writing.
PART XI - MISCELLANEOUS	143	Postage.	If postage or registration fees apply to a notice, summons, or letter sent by post under this Code, they must be paid within a set time. However, the State Government may waive these charges or set a fixed court-fee instead.
PART XI - MISCELLANEOUS	144	Application for restitution.	If a decree or order is changed, reversed, or set aside later, the court must restore parties to their original position, including refund, interest, or compensation if needed. No separate suit is needed—relief must be sought by application to the same court.
PART XI - MISCELLANEOUS	145	Enforcement of liability of surety.	If someone gives a guarantee or security in a case—for decree, property, or money—then the court can execute the decree against them, either personally or by selling secured property. They’re treated as a party to the case, but must first be given proper notice by the court.
PART XI - MISCELLANEOUS	146	Proceedings by or against representatives.	Unless otherwise stated, legal proceedings can be continued by or against anyone claiming through the original party.
PART XI - MISCELLANEOUS	147	Consent or agreement by persons under disability.	In suits involving a person under disability, any consent or agreement made by their guardian with the Court’s permission is as valid as if made by the person themselves.
PART XI - MISCELLANEOUS	148	Enlargement of time.	The Court may extend any time it had fixed for doing an act, up to a total of 30 days, even if the original time has expired.
PART XI - MISCELLANEOUS	148A	Right to lodge a caveat.	Any person expecting an application to be filed in a case can file a caveat to ensure they are heard. The caveator must inform the applicant, and if the application is later filed, the Court must notify the caveator. The caveat is valid for 90 days unless the application is made within that time.
PART XI - MISCELLANEOUS	149	Power to make up deficiency of court-fees.	If the required court fee hasn’t been fully paid, the Court may allow it to be paid later. Once paid, the document is treated as valid as if the fee was paid initially.
PART XI - MISCELLANEOUS	150	Transfer of business.	If a Court's work is transferred to another Court, the new Court gets the same powers and duties. It will handle the cases as if it were the original Court.
PART XI - MISCELLANEOUS	151	Saving of inherent powers of Court.	Courts can always pass necessary orders to ensure justice or prevent misuse of the legal process.
PART XI - MISCELLANEOUS	152	Amendment of judgments, decrees or orders.	Courts can correct accidental slips or clerical mistakes in judgments, decrees, or orders anytime, on their own or on a party’s request.
PART XI - MISCELLANEOUS	153	General power to amend.	The Court can amend any defect or error in a suit’s proceedings anytime to properly decide the real issue involved.
PART XI - MISCELLANEOUS	153A	Power to amend decree or order where appeal is summarily dismissed.	If an appeal is summarily dismissed, the original Court can still amend its decree or order under Section 152.
PART XI - MISCELLANEOUS	153B	Place of trial to be deemed to be open Court.	Civil Court trials are open to the public unless the Judge orders otherwise for any specific case.
	154-156 (Repealed)
PART XI - MISCELLANEOUS	157	Continuance of orders under repealed enactments.	Orders or rules made under earlier Civil Procedure laws will remain valid if they align with the current Code.
PART XI - MISCELLANEOUS	158	Reference to Code of Civil Procedure and other repealed enactments.	Any old law or notification referring to earlier Civil Procedure Codes or repealed Acts shall be treated as referring to the present Code. Such references will be understood as pointing to the corresponding section or rule in this Code, wherever possible.

C.P.C Made Easy .xlsx

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Order	Related Section	Intoduction	Sructure of Order	Explaination	Examples
Order1	Sections 26, 79-90 of CPC	Order 1 of the Civil Procedure Code (CPC), 1908, deals with the parties to a suit—who can be included in a lawsuit as plaintiffs (petitioners) and defendants (respondents). It also explains the joinder, misjoinder, and non-joinder of parties, representative suits, and adding or removing parties.	Order1Rule1	Who may be joined as Plaintiffs? • Multiple plaintiffs can be joined in one suit if: 1. Their claim is based on the same act or transaction. 2. Common questions of law or fact arise.	If 10 workers of a company are wrongfully dismissed under the same order, they can jointly file a suit against the employer.
			Order1Rule2	Right of Plaintiff to Sue Individually • Even if multiple people have the right to sue together, they can choose to file separate suits.	If two shopkeepers sue a mall for wrongful eviction, they may file separate suits instead of joining in one.
			Order1Rule3	Who may be joined as Defendants? • Multiple defendants can be joined in a single suit if: 1.The case is based on the same act or transaction. 2.There is a common question of law or fact.	If a landlord evicts multiple tenants using the same illegal order, they can sue him together.
			Order1Rule4	Court’s Power to Order Separate Trials • If joining multiple plaintiffs or defendants confuses the case, the court may order separate trials.	If two people jointly sue a company, but their claims are very different, the court may separate their cases.
			Order1Rule5	Defendant Need Not be Interested in All Reliefs • A defendant can be part of the suit even if some claims do not concern him.	If a fraud case involves multiple accused, one accused can still be part of the case even if some fraud claims do not relate to him directly.
			Order1Rule6	Non-Joinder of Parties • If a necessary party is not included in the suit, the court may allow the case to continue without them if justice can still be done. • However, in cases like partnership disputes, all partners must be included.	A person files a suit for property division but does not include all legal heirs—this is non-joinder, and the court may dismiss the suit.
			Order1Rule7	Misjoinder of Parties • If a case has wrongly joined plaintiffs or defendants, the court may remove unnecessary parties without dismissing the whole suit.	If A and B file a case against C, but B has no legal right to sue, the court can remove B and allow A’s case to continue.
			Order1Rule8	Representative Suit (Class Action Suit) •If many people have the same interest in a case, one or more people can sue on behalf of everyone. •Such a suit is called a Representative Suit. Landmark Case: DDA v. Joginder S. Monga (2004) – The Supreme Court ruled that housing society members can file a representative suit against a builder.	•A group of villagers affected by pollution can collectively sue a factory through one or two representatives. •A housing society can authorize its secretary to file a case against illegal construction.
			Order1Rule9	When Suit Cannot be Dismissed for Misjoinder or Non-Joinder • A suit will not be dismissed just because: 1. A party was wrongly added (misjoinder). 2. A necessary party was not added (non-joinder). • However, necessary parties must be included in certain cases like property disputes, partnership cases, etc. Rule
			Order1Rule10	Adding or Removing Parties (Striking Out or Adding Parties) • The court can add, remove, or substitute a party at any stage of the case if: 1. They are wrongly included. 2. They are necessary for deciding the case.	If a fraud case is filed against two people, but later evidence shows that a third person was also involved, the court can add the third person as a defendant.
			Order1Rule10A	Duty to Inform the Added Party • If a person is added to a case, they must be notified by the court.	If the court adds a legal heir in a property dispute, the heir must be formally informed.
			Order1Rule11	Conducting the Case in Absence of Some Parties • If some parties are absent, the court can continue the case with the available parties.	In a property dispute, if one legal heir does not appear, the court can still proceed with the others.
			Order1Rule12	Court Can Give Separate Reliefs to Separate Plaintiffs • If multiple plaintiffs file a suit, the court can give different judgments for each person.	If two people sue a builder for different property defects, the court can award separate compensation to each one.
			Order1Rule13	Objections to Misjoinder or Non-Joinder Must be Raised at the Earliest • If a party believes that some necessary parties are missing (non-joinder) or wrongly included (misjoinder), they must object at the earliest stage. • If they fail to object early, they cannot complain later.
Order2	Section 26 of CPC	Order 2 of the Civil Procedure Code (CPC), 1908, lays down rules about how a suit should be structured (framed). It ensures that: 1. All claims related to the dispute are included in one case. 2. A person does not file multiple cases for the same cause of action (legal issue). 3. The suit is clear and complete, preventing unnecessary litigation.	Order2Rule1	Frame of Suit • A suit must be properly framed to include all legal claims (causes of action) that arise from the same transaction. • This prevents unnecessary or separate lawsuits for the same matter.	If a tenant refuses to pay rent and also damages the property, the landlord must claim both rent and damages in the same suit, instead of filing two separate suits.
			Order2Rule2	Suit to Include the Whole Claim (Bar on Splitting Claims) • A plaintiff must include all claims arising from the same cause of action in one suit. • If any part of the claim is left out, the plaintiff cannot sue for it later. Exception: If the court allows, a plaintiff may file a separate suit for a portion of the claim. Landmark Case: Mohd. Khalil Khan v. Mahbub Ali Mian (1949) – The Supreme Court held that if a person omits a part of their claim, they cannot file another case later for the omitted part.	• A lends ₹1,00,000 to B but files a suit only for ₹50,000. Later, A cannot file another suit for the remaining ₹50,000. • This prevents splitting claims into multiple suits and burdening courts.
			Order2Rule3	Joinder of Multiple Claims • A plaintiff can combine multiple claims in one suit if they arise from the same contract or transaction. • If the claims are unrelated, they must be filed separately.	A shopkeeper sues a supplier for: • Non-delivery of goods • Refund of advance payment • Compensation for loss All these claims can be included in one suit because they are related.
			Order2Rule4	Different Claims for Different Parties • If the plaintiff has multiple claims against multiple defendants, each claim must be clearly separated.	If A sues B for breach of contract and C for trespass, the claims should be framed separately in the same suit.
			Order2Rule5	Claims that Cannot be Joined • The court can disallow unrelated claims in a single suit if it finds them confusing or irrelevant.	If a person files one suit for: • Recovery of property (civil matter) • Criminal defamation (criminal matter) The court may reject the suit since these are different legal issues.
			Order2Rule6	Separate Trial for Misjoined Claims • If the court finds that two claims should not be joined, it can order separate trials.	If a person sues for breach of contract and personal injury, the court may separate the cases if they are unrelated.
Order3	Sections 30 to 35B of CPC	Order 3 of the Civil Procedure Code (CPC), 1908, governs how a party to a suit (plaintiff or defendant) can act through an agent or a pleader (advocate) instead of personally appearing in court. It provides rules regarding: 1. Who can represent a party in a case? 2. How pleaders (lawyers) and recognized agents can act on behalf of parties? 3. What powers they have in legal proceedings?	Order3Rule1	Appearance of Parties through Recognized Agents • A party does not need to appear personally in court. • They can be represented by: 1. Recognized Agents – Authorized persons such as family members, managers, or legal representatives. 2. Pleaders (Lawyers) – Advocates appointed to argue the case.	A businessman residing in Delhi can authorize his manager to appear in a case filed in Mumbai instead of going personally.
			Order3Rule2	Recognized Agents Who Can Act for a Party A recognized agent can be: 1. A person holding a power of attorney (POA) from the party. 2. A legal guardian of a minor or mentally incapacitated person. 3. An authorized family member or agent in special cases. Exception: If the court finds that the agent is not competent, it may demand the party to appear personally.	• A company’s legal officer can represent the company in a court case. • A father can act as an agent for his minor child in a case.
			Order3Rule3	Appointment of Pleader (Advocate) • A party may appoint a pleader (lawyer/advocate) to act on their behalf. • The appointment must be done through a Vakalatnama (power of attorney for an advocate). • Once appointed, the pleader has the authority to: o File documents o Argue the case o Take legal actions necessary for the suit Exception: A pleader cannot compromise or withdraw a case unless explicitly authorized in writing by the client.	If A hires a lawyer to fight his property case, the lawyer can: • Appear in court. • Submit applications. • Conduct cross-examinations.
			Order3Rule4	Pleader Must be Appointed by a Written Document (Vakalatnama) • A pleader cannot act for a party without proper authorization. • The party must sign a Vakalatnama (written authorization).	If X hires an advocate, but there is no Vakalatnama, the court will not recognize the advocate as a legal representative.
			Order3Rule5	Service of Legal Notices on Pleaders • If a pleader is appointed, all legal notices related to the case can be sent to the pleader instead of the party. • The pleader is responsible for informing the client. Exception: If a party removes their lawyer, they must inform the court. Otherwise, notices sent to the old lawyer will still be valid.	If a court issues a notice regarding a hearing, it is sufficient to send it to the advocate instead of the plaintiff.
			Order3Rule6	Powers and Duties of Pleaders • A pleader can act on behalf of a party only within the limits of their authority. • If a pleader does something beyond his authority, the party is not bound by it.	A lawyer cannot accept a settlement offer on behalf of a client unless specifically authorized in writing.
			Order3Rule7	Court’s Power to Demand Personal Appearance • The court may require a party to appear personally if: 1. The agent or pleader is unable to answer questions properly. 2. The case involves personal knowledge of the party.	If a person files a divorce case, the court may ask them to appear personally instead of allowing a lawyer to represent them fully.
Order4	Section 26 of CPC	Order 4 of the Civil Procedure Code (CPC), 1908, lays down the procedure for instituting a civil suit in court. It ensures that every lawsuit is properly filed and meets all necessary legal requirements.	Order4Rule1	Procedure for Instituting a Suit • Every suit must be initiated by presenting a plaint (written complaint) to the court. • The plaint should contain: 1. The name of the court where the suit is filed. 2. Names and addresses of both the plaintiff and defendant. 3. Facts of the case (cause of action). 4. Legal basis for the claim (relevant laws). 5. Relief sought (e.g., compensation, declaration, injunction). Important Point: • The plaint must be signed by the plaintiff and verified as per Order 6, Rule 15 (verification of pleadings). • The court will not accept an incomplete plaint.	A tenant is evicted illegally by the landlord. The tenant files a plaint in civil court, requesting restoration of possession and compensation.
			Order4Rule2	Registration of Suits • When a plaint is filed, it is registered in the court's records. • The court assigns a case number and issues a summons to the defendant. Exception: If the plaint does not follow legal rules, the court may reject it under Order 7, Rule 11.	If a case is filed on March 1, 2024, the court clerk will: 1. Register it as Civil Suit No. 2024/001 2. Send a notice (summons) to the defendant to appear in court.
Order5	Sections 27 to 32 of CPC	• Order 5 deals with the issuance and service of summons to the defendant after a suit has been filed. • The purpose of the summons is to notify the defendant about the case and require them to appear in court.	Order5Rule1	Issue of summons • The court issues a summons to the defendant once a suit is filed.
			Order5Rule2	Copy of plaint to accompany summons • A copy of the plaint must be sent along with the summons.	If A files a case against B, the court will send a summons + copy of A’s plaint to B.
			Order5Rule3	Delivery of summons by officer • The summons is delivered by a court officer (process server).
			Order5Rule4	Service by court or officer • The court can serve the summons either directly or through an officer.
			Order5Rule5	Service when defendant has an agent • If the defendant has an agent (e.g., a lawyer), the summons can be served to the agent.
			Order5Rule6	Fixing a date for defendant’s appearance • The court mentions a date on the summons when the defendant must appear.
			Order5Rule7	Power to direct copies • The court can order additional copies of the summons if needed.
			Order5Rule8	Service of summons on multiple defendants • If there are multiple defendants, each one must receive a separate summons.
			Order5Rule9	Delivery or transmission of summons • Summons can be served personally, via post, email, or electronic means.	If a landlord sues two tenants, both tenants will receive separate summonses.
			Order5Rule10	Mode of service • If possible, summons is served personally.
			Order5Rule11	Service on adult male member • If the defendant is not home, it can be given to an adult male family member.
			Order5Rule12	Service on servant not valid • The summons cannot be given to a servant unless specifically authorized.
			Order5Rule13	Service in case of joint family • If the defendant is in a joint family, the summons can be given to the head of the family.
			Order5Rule14	Service at defendant’s workplace • If the defendant is not at home, the summons can be delivered to their office.
			Order5Rule15	Service on defendant’s agent • If the defendant has an agent (e.g., lawyer), the summons can be served to them.
			Order5Rule16	Person serving summons must verify • The court officer must verify that the summons was delivered.
			Order5Rule17	If the defendant avoids summons, it can be affixed on their house.
			Order5Rule18	Endorsement of time and manner of service • The process server must note the date and time of service.
			Order5Rule19	Court may examine the process server • If there is doubt, the court can question the process server.
			Order5Rule20	Substituted service (newspaper notice, court notice board) if the defendant cannot be found.	If a defendant refuses to open the door, the court may order newspaper publication of the summons.
			Order5Rule21	Service on a minor • If the defendant is a minor, the summons must be served to their guardian.
			Order5Rule22	Service on a lunatic • If the defendant is mentally ill, the summons must be served to their legal representative.
			Order5Rule23	Service on a corporation (company) • Summons is served to the director or secretary of the company.
			Order5Rule24	Service on partnership firm • Summons is served to the managing partner of the firm.
			Order5Rule25	Service on government employees • The summons is sent through their head of department.
			Order5Rule26	Service on soldiers and military personnel • The summons is sent to their commanding officer.
			Order5Rule27	Service on prisoners • Summons is sent through the jail superintendent.
			Order5Rule28	Service on a foreigner in India • If the defendant is a foreigner in India, the summons is served normally.
			Order5Rule29	Service on diplomats • Diplomats and foreign officials cannot be sued without government permission.
			Order5Rule30	Court may send summons via email, WhatsApp, or any modern method.	If a case is filed against Reliance Industries, the summons will be sent to its managing director.
Order6	Section 26 of CPC	Order 6 of the Civil Procedure Code (CPC), 1908, deals with pleadings in a civil suit. • Pleadings refer to plaint (filed by plaintiff) and written statement (filed by defendant). • It sets the foundation of a case by clearly stating facts, claims, and defenses.	Order6Rule1	Definition of pleadings • "Pleadings" include plaint and written statement.
			Order6Rule2	Pleadings must contain only material facts • A party should only mention important facts, not legal arguments or evidence.
			Order6Rule3	Forms of pleadings • Pleadings must follow the prescribed format as per CPC.	If A files a case against B for breach of contract, A must only mention facts like date of contract, terms, and breach – not legal arguments.
			Order6Rule4	Particulars to be given in pleadings • If a party relies on fraud, misrepresentation, undue influence, etc., they must provide detailed facts.
			Order6Rule5	How to state facts • Facts should be stated concisely but clearly.
			Order6Rule6	Pleadings of condition precedent • If a party claims that certain conditions were fulfilled before a contract was made, they must mention it.
			Order6Rule7	Departure from pleadings • A party cannot bring a new claim that was not mentioned in the original pleadings.
			Order6Rule8	Denial of contract • If a defendant denies a contract, they must specifically state which part they deny.
			Order6Rule9	Effect of failure to plead • If a fact is not denied, it may be considered admitted by the court.	If a plaintiff alleges fraud, they must specify how, when, and where the fraud occurred. A vague statement like "Defendant committed fraud" is not enough.
			Order6Rule10	Special damages must be pleaded • If a party claims special damages (e.g., loss of business, extra expenses), they must mention it in pleadings.
			Order6Rule11	Pleadings must be divided into paragraphs • Each fact should be separately numbered for clarity.
			Order6Rule12	Striking out unnecessary pleadings • The court can remove unnecessary or scandalous statements from pleadings.
			Order6Rule13	Time for filing pleadings • Pleadings must be filed within the prescribed time limit.
			Order6Rule14	Documents relied upon must be filed • If a party relies on a document, it must be filed with pleadings.
			Order6Rule15	Verification of pleadings • The party filing the pleading must sign and verify that the facts are true.	If a businessman claims ₹5 lakh loss due to breach of contract, he must mention this amount specifically in the plaint.
			Order6Rule16	Striking out irrelevant pleadings • The court can remove offensive, irrelevant, or frivolous content from pleadings.
			Order6Rule17	Amendment of pleadings • A party can amend pleadings at any stage before the trial begins, with court permission.
			Order6Rule18	Failure to amend within time • If a party is given time to amend but fails to do so, the previous pleading stands.	If a plaintiff forgets to mention an important fact in the plaint, he can request the court to allow an amendment before the trial.
Order7		Order 7 of the Civil Procedure Code (CPC), 1908, deals with plaint, which is the formal document submitted by the plaintiff to initiate a civil suit. It contains the facts, claims, and reliefs sought against the defendant. • A plaint is the foundation of a civil suit. • If it does not meet legal requirements, the suit can be dismissed at the initial stage.	Order7Rule1	Particulars in a plaint • A plaint must include: (a) Name of the court (b) Name, address of plaintiff & defendant (c) Material facts of the case (d) Cause of action (e) Jurisdiction of the court (f) Relief sought
			Order7Rule2	Plaint in money suits • If the suit is for money recovery, the exact amount must be mentioned.
			Order7Rule3	Where subject matter is immovable property • If the suit involves land or property, a proper description (boundaries, location) must be given.
			Order7Rule4	When plaintiff sues as a representative • If the plaintiff represents a group or community, they must specify the basis.
			Order7Rule5	Plaint must show cause of action • The plaint must mention when and how the defendant violated the plaintiff’s rights.
			Order7Rule6	Facts showing jurisdiction • The plaint must specify why the court has jurisdiction to hear the case.
			Order7Rule7	Relief to be stated • The plaintiff must clearly state what relief is sought (e.g., compensation, injunction, recovery).
			Order7Rule8	Relief for multiple claims • If the plaintiff seeks multiple reliefs (e.g., damages + injunction), all must be stated separately.	If A files a suit against B for breach of contract, A must clearly state when the contract was made, how it was breached, and what compensation is sought.
			Order7Rule9	Procedure for filing plaint • The plaint must be properly signed, verified, and filed in court.
			Order7Rule10	Return of plaint • If the court does not have jurisdiction, the plaint is returned to the plaintiff to file in the correct court.
			Order7Rule10A	Hearing before returning plaint • Before returning the plaint, the court must hear the plaintiff.
			Order7Rule11	Rejection of plaint • A plaint can be rejected if: (a) It does not disclose cause of action (b) Relief claimed is not clear (c) Court fee is not paid (d) Plaint is barred by law
			Order7Rule12	Procedure on rejection • The judge must record reasons in writing while rejecting a plaint.
			Order7Rule13	Where rejection does not preclude fresh suit • If a plaint is rejected, the plaintiff can file a new suit with proper corrections.	If a plaintiff files a suit without stating any cause of action, the court may reject the plaint under Rule 11.
			Order7Rule14	Production of documents with plaint • The plaintiff must attach all supporting documents (agreements, receipts, etc.).
			Order7Rule15	Statement of documents relied upon • A list of all documents relied upon must be submitted.
			Order7Rule16	Court can demand additional documents • The court can ask for more documents if needed.
			Order7Rule17	Document not in plaintiff’s possession • If the plaintiff does not have a document, they must explain why.
			Order7Rule18	Return of original documents • After verification, the original documents are returned to the plaintiff.	If a plaintiff files a suit for property ownership, they must attach the property deed, sale agreement, or any other relevant document.
Order8		Order 8 of the Civil Procedure Code (CPC), 1908, deals with the written statement, which is the defendant's reply to the plaintiff's plaint. This order also includes provisions regarding set-off and counterclaims, which allow the defendant to claim an adjustment or make a separate claim against the plaintiff. • Written Statement: The defendant’s response to the plaintiff’s claims. • Set-off: A defendant’s right to claim an adjustment in money suits. • Counterclaim: A defendant’s independent claim against the plaintiff.	Order8Rule1	Time limit for filing written statement • The defendant must file a written statement within 30 days from the date of service of summons.
			Order8Rule1A	Duty to produce documents • The defendant must attach all supporting documents with the written statement.
			Order8Rule2	New facts must be specifically pleaded • If the defendant relies on new facts, they must be clearly mentioned (e.g., fraud, contract termination, illegality).
			Order8Rule3	Denial of allegations must be specific • The defendant must specifically deny each allegation; general denials are not accepted.
			Order8Rule4	Evasive denial is treated as admission • If a defendant does not clearly deny an allegation, it may be treated as admitted.
			Order8Rule5	Effect of not denying an allegation • If the defendant does not deny a fact, the court may assume it is admitted.
			Order8Rule6	Conditions for set-off • A set-off can be claimed when: (a) The suit is for money (b) The defendant has a legally recoverable debt against the plaintiff.
			Order8Rule7	Grounds of defence must be clearly stated • Defendants must explain why they deny the plaintiff’s claim.
			Order8Rule8	Denial by persons under disability • If the defendant is a minor or mentally unsound, their guardian must file the written statement.
			Order8Rule9	Subsequent pleadings • If required, the defendant can file an additional written statement with court permission.
			Order8Rule10	Procedure if written statement is not filed • If the defendant does not file a written statement, the court can proceed ex parte (without the defendant).	If a plaintiff claims ₹10 lakh for breach of contract, but the defendant has already paid ₹5 lakh, the defendant can claim a set-off of ₹5 lakh under Rule 6.
			Order8Rule11	Counterclaim by the defendant • The defendant can file a counterclaim if they have a claim against the plaintiff.
			Order8Rule12	Counterclaim treated as a separate suit • A counterclaim is considered a separate suit and will be decided with the main case.
			Order8Rule13	Reply to counterclaim • The plaintiff must file a reply to the counterclaim.
			Order8Rule14	Counterclaim can be filed at any stage • The defendant can file a counterclaim at any stage before the judgment.
			Order8Rule15	Combined trial of counterclaim and original suit • The counterclaim is heard along with the original suit.
			Order8Rule16	Exclusion of set-off and counterclaim • If a set-off or counterclaim is not raised in the written statement, it cannot be claimed later.
			Order8Rule17	Amendments in written statement • A defendant can amend the written statement with the court’s permission.	If a plaintiff sues for ₹5 lakh, but the defendant also has a claim of ₹3 lakh against the plaintiff, the defendant can file a counterclaim under Rule 11.
Order9	Sections 27, 32, 33, 99 & 151 of CPC	Order 9 of the Civil Procedure Code (CPC), 1908, lays down the rules regarding the appearance and non-appearance of parties in a civil suit. It defines the procedure when either party fails to appear and the remedies available to them. Key Highlights of Order 9 1. If the plaintiff does not appear, the suit may be dismissed. 2. If the defendant does not appear, the suit may proceed ex parte (without the defendant). 3. Provisions for restoring dismissed suits and setting aside ex parte decrees.	Order9Rule1	Parties to appear on the hearing date • Both plaintiff and defendant must appear on the scheduled court date.
			Order9Rule2	Dismissal if summons is not served due to the plaintiff’s fault • If the suit is dismissed because the plaintiff failed to serve summons, it can only be restored if the plaintiff proves a valid reason.
			Order9Rule3	Dismissal if neither party appears • If both plaintiff and defendant do not appear, the suit is dismissed.
			Order9Rule4	Restoration of suit dismissed under Rule 2 or 3 • The plaintiff can apply for restoration of the suit by showing a valid reason.	If A files a suit against B but does not ensure summons is served properly, the suit may be dismissed under Rule 2.
			Order9Rule5	If the plaintiff appears but the defendant does not • The court may proceed ex parte against the defendant.
			Order9Rule6	If the defendant appears but the plaintiff does not • The suit may be dismissed if the plaintiff does not appear.
			Order9Rule7	Plaintiff can restore suit dismissed under Rule 6 • If a suit is dismissed due to the plaintiff’s absence, the plaintiff may apply for restoration.	If B does not appear despite proper summons, the court may proceed ex parte against B under Rule 5.
			Order9Rule8	If the suit is dismissed, plaintiff can bring a fresh suit • The plaintiff can file a fresh suit if it was dismissed due to absence.
			Order9Rule9	When a fresh suit is barred • If a suit was dismissed due to plaintiff’s negligence, the plaintiff cannot file a fresh suit but must apply for restoration.	If A's suit is dismissed due to non-appearance, he cannot file a new case on the same matter but must apply for restoration under Rule 9.
			Order9Rule10	Procedure in case of multiple defendants • If some defendants appear and others don’t, the court may proceed ex parte against absent defendants.
			Order9Rule11	Restoration of a dismissed suit • The plaintiff can apply for restoration within 30 days.
			Order9Rule12	Setting aside an ex parte decree • The defendant can apply to set aside the ex parte decree if a valid reason for non-appearance is shown.
			Order9Rule13	Conditions for setting aside an ex parte decree • The ex parte decree can be set aside if the defendant proves: (a) Summons was not properly served. (b) There was a valid reason for non-appearance.
			Order9Rule14	No setting aside if defendant deliberately avoids summons • If the defendant intentionally avoids summons, the ex parte decree will not be set aside.	If B was sick and could not attend court, leading to an ex parte decree, he can apply to set it aside under Rule 13.
Order10	Section 30, 33, 151 of CPC	Order 10 of the Civil Procedure Code (CPC), 1908 deals with the examination of parties by the court. The purpose of this order is to clarify the issues in dispute and ensure that there is no unnecessary litigation due to lack of understanding between the parties. Objective of Order 10 1. Helps the court identify real points of dispute. 2. Prevents frivolous and baseless claims. 3. Saves time by avoiding unnecessary trials. 4. Aids in speedy disposal of cases.	Order10Rule1	Ascertainment Whether Allegations are Admitted or Denied • The court may examine both parties to clarify their claims and defenses. • The court may record admissions or denials made by the parties. • Helps in identifying the real issues for trial.	If A files a suit for recovery of money and B denies taking any loan, the court may ask direct questions to ascertain the truth.
			Order10Rule2	Oral Examination of the Parties • The court can orally examine the parties regarding the matter in dispute. • This ensures clear understanding of the case before the trial. • The answers given by the parties may be recorded.	If A claims B agreed to pay rent but B denies, the court may orally ask both parties about the rent agreement to clear doubts.
			Order10Rule3	Court May Record Admissions and Denials • The court has the power to record the statements of parties regarding facts. • This helps in avoiding unnecessary disputes on admitted facts.	If A admits borrowing ₹50,000 but denies ₹1,00,000, the court may record this admission to limit the dispute to ₹50,000
			Order10Rule4	Consequences of Refusal to Answer • If a party refuses to answer the court’s questions, the court may: 1. Draw an adverse inference against them. 2. Proceed with the case based on available evidence.	If B refuses to answer whether he signed a contract, the court may assume that he signed it based on other evidence.
Order11	Section 30, 122, 151 of CPC	Order 11 of the Civil Procedure Code (CPC), 1908 deals with discovery and inspection of documents and facts. It allows parties to obtain relevant information from each other before the trial to avoid surprises and ensure a fair trial. Objective of Order 11 1. Helps parties gather evidence before trial. 2. Prevents unnecessary delays and false claims. 3. Ensures transparency and fairness in litigation. 4. Avoids surprise elements by disclosing important documents beforehand.	Order11Rule1	Discovery by interrogatories • A party may send written questions (interrogatories) to the opposite party to obtain facts before the trial.
			Order11Rule2	Limits on interrogatories • Interrogatories must be relevant to the case and not unnecessary.
			Order11Rule3	Form of interrogatories • Interrogatories should be clear and specific.
			Order11Rule4	Objection to interrogatories • If a party believes a question is irrelevant, they can object.
			Order11Rule5	Affidavit in answer to interrogatories • The party answering must file an affidavit stating the answers.
			Order11Rule6	Objections to answers • If an answer is false or incomplete, the court can order a proper answer.
			Order11Rule7	Consequences of refusal • If a party refuses to answer, the court may compel them or take adverse action.
			Order11Rule8	Interrogatories during examination • A party may be questioned under oath.
			Order11Rule9	Costs of interrogatories • The court may order the losing party to bear the costs of unnecessary interrogatories.
			Order11Rule10	Using answers as evidence • Answers to interrogatories can be used as evidence in court.
			Order11Rule11	Interrogatories by corporations • In cases involving a company or firm, the court can allow questioning of its representatives.	If A sues B for a contract breach, A can send interrogatories asking B to admit whether he signed the contract.
			Order11Rule12	Discovery of documents • A party may ask the other to disclose relevant documents.
			Order11Rule13	Affidavit of documents • A party must submit an affidavit listing all documents they possess.
			Order11Rule14	Order to produce documents • The court may order a party to produce documents in their control.
			Order11Rule15	Inspection of documents • The other party may inspect the documents disclosed.
			Order11Rule16	Power of the court to order discovery • The court may order discovery of specific documents if relevant.
			Order11Rule17	Document not in possession • If a document is lost or unavailable, the party must inform the court.
			Order11Rule18	Court’s power to limit discovery • The court can limit unnecessary discovery requests.
			Order11Rule19	Inspection by agreement • Parties can agree to mutual inspection of documents.
			Order11Rule20	Application for discovery order • A party can apply to the court for an order to force the other party to disclose documents.
			Order11Rule21	Consequence of non-compliance • If a party refuses to disclose documents, the court may strike out pleadings or give an adverse order.
			Order11Rule22	Non-admissibility of privileged documents • Certain documents like confidential communications with lawyers cannot be disclosed.
			Order11Rule23	Costs of discovery • The court can impose costs on a party if their discovery request is unnecessary.	If A files a suit against B for land ownership, A can ask B to produce sale deed documents for inspection.
Order12	Section 17, 58, 30	Order 12 of the Civil Procedure Code (CPC), 1908 deals with admissions made by parties in a suit. Admissions help in narrowing down disputes and ensuring a speedy trial. If certain facts are admitted by either party, the court does not need to investigate them further, saving time and effort. Objective of Order 12 1. To reduce unnecessary litigation by acknowledging undisputed facts. 2. To shorten trial duration by eliminating issues already admitted. 3. To ensure judicial efficiency and avoid delays. 4. To allow parties to rely on clear admissions instead of proving obvious facts.	Order12Rule1	Notice of admission of case • A party can give a notice to the opposite party asking them to admit any fact or document.
			Order12Rule2	Notice to admit documents • If the opposite party does not deny a document within 7 days, it is considered admitted.
			Order12Rule3	Notice to admit facts • A party can serve a notice requesting the other party to admit specific facts.
			Order12Rule4	Judgment on admissions • If a fact is admitted, the court may pass a judgment without further trial on that issue.
			Order12Rule5	Affidavit of signature on documents • If a party admits or denies a document, they may be asked to file an affidavit regarding their signature.
			Order12Rule6	Judgment based on admissions • The court can decide the whole or part of the case if the admissions are clear and sufficient.
			Order12Rule7	Recording of oral admissions • The court may record oral admissions made during proceedings.
			Order12Rule8	Effect of admissions • Admissions made in pleadings or orally before the court are binding on the party who made them.	If A sues B for non-payment of ₹1 lakh and B admits owing ₹50,000, the court may immediately pass a judgment for ₹50,000 without trial.
			Order12Rule9	Costs for neglecting to admit documents • If a party refuses to admit a document that is later proved, they may have to bear the costs.
			Order12Rule10	Court’s power to inspect documents • The court has the power to inspect documents if necessary.
			Order12Rule11	Return of admitted documents • After the case is over, admitted documents may be returned to the party who produced them.	If B denies signing a contract, but later it is proved that B had indeed signed it, the court may order B to pay the costs of proving the contract.
Order13	Section 30, 144, 151 of CPC	Order 13 of the Civil Procedure Code (CPC), 1908 deals with the production, impounding, and return of documents during court proceedings. It lays down the procedure for submitting documents in court, their scrutiny, and their return after the case is disposed of. Objective of Order 13 1. Ensures proper submission of documents relevant to the case. 2. Prevents tampering or suppression of evidence. 3. Allows courts to impound forged or suspicious documents. 4. Regulates the return of documents after the case concludes.	Order13Rule1	Original documents to be produced at or before the settlement of issues • Parties must produce all documents they intend to rely on at the beginning of the trial.
			Order13Rule2	Effect of non-production of documents • If a document is not produced in time, it cannot be used as evidence later unless the court allows it.
			Order13Rule3	Rejection of irrelevant or inadmissible documents • The court can reject documents that are irrelevant or legally inadmissible.
			Order13Rule4	Endorsements on documents admitted in evidence • When a document is admitted, the court must endorse (mark) it with details such as the date of production and party submitting it.	If A files a suit against B for property ownership, A must produce the sale deed at the beginning of the trial. If A fails to do so, he may not be allowed to submit it later.
			Order13Rule5	Endorsements on rejected documents • If a document is rejected, the court must record the reason for rejection.
			Order13Rule6	Endorsement on documents objected to but admitted in evidence • If a party objects to a document, but the court allows it, the objection must be recorded.
			Order13Rule7	Recording of admission and return of documents • The court must keep a record of all admitted documents and return them when no longer needed.
			Order13Rule8	Court may impound documents • If a document appears to be forged or suspicious, the court can impound (confiscate) it for investigation.
			Order13Rule9	Return of documents • After the case is concluded, the court may return documents to the party who submitted them.
			Order13Rule10	Court’s discretion in retaining documents • The court may retain documents for further legal proceedings if necessary.	If B submits a fraudulent sale deed, the court may impound it and send it for verification.
Order14	Section 2(9), 30 of CPC and 101-114 of Indian Evidence Act, 1872	Order 14 of the Civil Procedure Code (CPC), 1908 deals with the settlement of issues in a suit. Issues are the disputed questions of fact or law that the court must decide upon to resolve the case. The framing of proper issues helps in speedy disposal of cases and ensures that both parties understand the key points under dispute. Objective of Order 14 1. Identifies the real points of dispute between the parties. 2. Helps in limiting the scope of evidence to relevant matters. 3. Ensures a systematic and fair trial. 4. Helps the court in making a proper judgment based on framed issues.	Order14Rule1	Framing of issues • The court must frame issues of fact and law based on the pleadings and documents of both parties.
			Order14Rule2	Court to decide issues of law first • If the case involves both legal and factual issues, the court must first decide the legal issues that may dispose of the case. Disposal of Cases on Issues of Law (Rule 2 Explained) • If an issue of law (like limitation, jurisdiction, or res judicata) can decide the case, the court must decide it first before proceeding with factual issues. • If the legal issue disposes of the entire suit, no further trial on facts is required.	If A files a suit against B beyond the limitation period, the court may decide on this legal issue first. If the suit is time-barred, no need to proceed with other factual issues.
			Order14Rule3	Materials from which issues may be framed • Issues can be framed based on pleadings, documents, and statements of parties.
			Order14Rule4	Issues to be framed for proper adjudication • The court must ensure that only material issues (which affect the decision of the case) are framed.
			Order14Rule5	Power to amend and strike out issues • The court may add, modify, or remove issues if required for proper adjudication.	If A sues B for property ownership and B claims the property was gifted to him, the court will frame issues such as: 1. Whether A is the rightful owner of the property? 2. Whether the gift deed claimed by B is valid?
Order15	Section 2(9), 33 and Order 8, Rule 5 of CPC	Order 15 of the Civil Procedure Code (CPC), 1908 provides the procedure for the disposal of a suit at the first hearing when there is no need for further trial. If the court finds that the case can be decided on admitted facts or if no real dispute exists between the parties, it can pronounce judgment immediately. Objective of Order 15 1. Speedy disposal of suits where no genuine dispute exists. 2. Reduces unnecessary litigation and avoids prolonged trials. 3. Ensures that parties do not misuse procedural delays.	Order15Rule1	Parties not at issue • If both parties agree on the facts and legal position, the court can pronounce judgment immediately without trial.
			Order15Rule2	One of several defendants not at issue • If one or more defendants do not contest the suit, the court may decide against them and proceed with the remaining defendants.
			Order15Rule3	Disposal of suit when only a question of law arises • If only a legal issue (such as jurisdiction or limitation) is in dispute, the court may decide the case based on legal arguments alone.
			Order15Rule4	Failure to produce evidence • If a party fails to submit required evidence, the court can decide the case based on available records.
			Order15Rule5	Disposal of the suit at first hearing in certain cases • The court can dismiss the suit if it lacks merit or can pronounce judgment if the case is clear.
			Order15Rule6	Fixing a date for production of evidence when suit is not disposed of • If the case cannot be decided immediately, the court fixes a date for further proceedings.	• A files a suit against B for the recovery of ₹10,000. If B admits the liability and agrees to pay, the court may pass a judgment in A’s favor without trial. • If A files a suit against B, but B does not appear in court, the court may proceed ex-parte and decide the case based on available records.
Order16	Section 30, 32, 75 of CPC	Order 16 of the Civil Procedure Code (CPC), 1908 governs the process of summoning and ensuring the attendance of witnesses in a civil suit. The presence of witnesses is essential for proving or disproving the facts of a case, and this order lays down the rules regarding their summoning, appearance, and consequences of non-compliance. Objective of Order 16 1. Ensures the presence of necessary witnesses for a fair trial. 2. Prevents delays by ensuring compliance with court orders. 3. Defines the rights and duties of witnesses. 4. Provides for penalties in case of non-appearance.	Order16Rule1	List of witnesses • Parties must submit a list of witnesses they intend to call before the court within a prescribed time.	Mangilal vs. State of M.P. (2004) – The Supreme Court held that a party cannot call witnesses not listed earlier unless exceptional circumstances exist.
			Order16Rule1A	Production of witnesses without summons • A party may present a witness without issuing a formal summons if the witness is willing to appear.	Raj Kumar vs. Tarapada Ghosh (2019) – The court ruled that if a party produces a witness voluntarily, no formal summons is needed.
			Order16Rule2	Court may order a party to present witnesses • The court may order a party to produce their witnesses within a fixed time.	K.K. Velusamy vs. N. Palanisamy (2011) – The Supreme Court emphasized the discretionary power of courts in summoning witnesses.
			Order16Rule3	Application for summons • A party must apply for summons to call a witness if they are not appearing voluntarily.	Kailash vs. Nanhku (2005) – It was held that a court must ensure that summons are issued properly and in a timely manner.
			Order16Rule4	Expenses for summoning a witness • The party calling a witness must deposit the expenses for their travel and stay.	State of U.P. vs. Ramesh Prasad Misra (1996) – The Supreme Court ruled that non-payment of witness expenses can be a valid ground for non-appearance.
			Order16Rule5	Time and place for witness appearance • The summons specifies when and where the witness must appear.	Sukhdev Singh vs. State of Haryana (2013) – The court emphasized that witnesses must be given reasonable time and place for attendance.
			Order16Rule6	Summons to a witness in prison • If a witness is in prison, the court can direct the jail authority to present them.	Dhananjoy Chatterjee vs. State of W.B. (1994) – The Supreme Court held that even convicts have the right to testify in relevant cases.
			Order16Rule7	Summoning public officers as witnesses • Special rules apply for summoning government officials as witnesses.	Union of India vs. T.R. Verma (1957) – The court ruled that public officers cannot refuse to testify unless there are valid security concerns.
			Order16Rule8	Summoning through a court in another jurisdiction • If the witness is in another court’s jurisdiction, summons can be sent through that court.	Hussainara Khatoon vs. State of Bihar (1979) – The case emphasized procedural fairness in summoning distant witnesses.
			Order16Rule9	Service of summons • The court ensures that the summons is properly served to the witness.	State of Maharashtra vs. Dr. Praful Desai (2003) – The Supreme Court ruled that summons may be served electronically if required.
			Order16Rule10	Mode of service • Summons may be served personally or by registered post.	Nathu Singh vs. State of U.P. (1976) – The court ruled that improper service of summons can lead to the case being adjourned.
			Order16Rule11	Procedure in case of refusal to accept summons • If a witness refuses to accept summons, the court may take further action.	Sanjay Dutt vs. State through CBI (1994) – The court ruled that refusal to accept summons can result in a warrant.
			Order16Rule12	Consequences of failure to comply with summons • If a witness fails to appear, the court can issue a bailable or non-bailable warrant.	K. Anbazhagan vs. Superintendent of Police (2004) – Non-appearance of witnesses caused unnecessary delays and justified issuance of warrants.
			Order16Rule13	Imposition of fine • The court may impose a fine on witnesses who fail to appear without a valid reason.	Hari Singh vs. Sukhbir Singh (1988) – The Supreme Court ruled that courts should use fines to prevent misuse of procedural delays.
			Order16Rule14	Court may examine witness despite absence • The court may record the statement of a witness even if they fail to appear.	Vinod Kumar vs. State of Punjab (2015) – The Supreme Court held that courts can use prior statements of absent witnesses in special cases.
			Order16Rule15	Arrest of a witness • In extreme cases, a witness can be arrested for non-compliance.	State of Bihar vs. Radha Krishna Singh (1983) – The Supreme Court ruled that arrest should only be a last resort.
			Order16Rule16	Expenses payable to witnesses • Witnesses must be paid for their travel, stay, and other expenses.	Balwant Singh vs. State of Punjab (1995) – The Supreme Court held that failure to reimburse witnesses may result in non-appearance.
			Order16Rule17	Procedure when the witness does not appear after summons • The court may adjourn the case or proceed with available evidence.	Bihar State Electricity Board vs. Bhowra Kankanee Collieries Ltd. (2008) – The court ruled that cases should not be delayed indefinitely due to non-appearance of witnesses.
			Order16Rule18	Deposition of witness unable to attend • If a witness is too old or sick to attend, the court may record their statement at their residence.	Khatri vs. State of Bihar (1981) – The Supreme Court held that old and sick witnesses must be given special consideration.
			Order16Rule19	No imprisonment for non-appearance • A witness cannot be imprisoned for failure to appear but may be fined.	Sunil Batra vs. Delhi Administration (1978) – It was ruled that imprisonment for witness non-appearance is unconstitutional.
			Order16Rule20	Exemption of pardanashin women • Women in purdah (veil) cannot be compelled to attend court.	Md. Yusuf vs. State of A.P. (2002) – The court upheld the protection of pardanashin women.
			Order16Rule21	Rules applicable to witness summons • The rules of summons in general also apply to witnesses.	Jai Prakash vs. State of Delhi (2008) – The court held that witness protection is necessary for fair trials.
Order17	Section 35B, 148 of CPC	Order 17 of the Civil Procedure Code (CPC), 1908 deals with adjournments, i.e., postponement of court proceedings to a later date. Adjournments may be granted for valid reasons, but excessive or unnecessary adjournments can delay justice. This order provides rules to ensure fair and efficient case proceedings while preventing misuse of adjournments. Objective of Order 17 1. Ensures that adjournments are granted only for genuine reasons. 2. Prevents delays in the judicial process. 3. Ensures that both parties get a fair opportunity to present their case. 4. Gives the court the power to impose costs for unnecessary adjournments.	Order17Rule1	Power of court to grant adjournment • The court may grant adjournments if necessary, but must record reasons.	Salem Advocate Bar Association vs. Union of India (2005) – The Supreme Court ruled that adjournments should be granted only in exceptional circumstances.
			Order17Rule2	Procedure when parties fail to appear • If a party fails to appear, the court may: (i) Proceed ex-parte (without the absent party), or (ii) Dismiss the case.	Sushil Kumar Sen vs. State of Bihar (1975) – The court held that procedural laws should not be interpreted to cause undue hardship to parties.
			Order17Rule3	Costs for adjournment • If an adjournment is granted at a party’s request, the court may impose costs to compensate the other party.	Arjun Singh vs. Mohindra Kumar (1964) – The Supreme Court emphasized that adjournments must not be used to cause delays.
			Order17Rule4	Court may proceed despite adjournment application • The court is not bound to grant an adjournment just because a party has applied for it.	K.K. Velusamy vs. N. Palanisamy (2011) – The court ruled that frequent adjournments defeat the purpose of justice.
			Order17Rule5	Time limit for next hearing • The court should fix a specific date for the next hearing and ensure timely disposal.	Krishna Swami vs. Union of India (1992) – The Supreme Court stressed the need for timely case resolution.
		Key Principles Derived from Case Laws 1. Adjournments must be granted only for sufficient cause o Courts should not allow unnecessary delays. o M. Balakrishna Naidu vs. Shanmugham (1981) – The Supreme Court held that repeated adjournments without valid reasons are against justice. 2. Courts must record reasons for adjournments o Ramji Dass vs. Mohan Singh (1997) – The court emphasized that adjournments should be recorded to ensure transparency. 3. Costs should be imposed for unnecessary adjournments o Swarnalata Ghosh vs. Harendra Kumar Banerjee (1969) – The Supreme Court ruled that cost imposition discourages misuse of adjournments.	Order17Rule6	Adjournment in absence of parties • If both parties are absent, the court may dismiss the case or adjourn it at its discretion.	Bhaskar Industries Ltd. vs. Bhiwani Denim & Apparels Ltd. (2001) – The court ruled that absence of parties should not lead to indefinite adjournments.
Order18	Section 137, 138, 148	Order 18 of the Civil Procedure Code (CPC), 1908 lays down the procedure for conducting hearings in civil suits and the examination of witnesses. It ensures that the trial proceeds in a structured manner and that both parties get an opportunity to present their case. Objective of Order 18 1. Establishes a systematic procedure for conducting hearings. 2. Ensures proper examination and cross-examination of witnesses. 3. Gives courts the power to control proceedings and prevent delays. 4. Protects the principles of natural justice by allowing both parties to present evidence.	Order18Rule1	Right to begin • The plaintiff has the right to present their case first, unless the burden of proof is on the defendant.	Union of India vs. Vasavi Co-op. Housing Society Ltd. (2014) – The Supreme Court held that the burden of proof determines who starts the case.
			Order18Rule2	Statement and production of evidence • The party presenting evidence must state all points they wish to prove. If they fail to do so, they cannot introduce new points later.	M.C. Mehta vs. Union of India (1987) – The Supreme Court ruled that evidence must be presented at the earliest stage.
			Order18Rule3	Evidence of the party beginning • The plaintiff must produce all evidence first, and the defendant may respond afterward.	Ram Rattan vs. State of U.P. (1977) – The court ruled that evidence must be presented in a logical sequence.
			Order18Rule3A	Party appearing as a witness • If a party wants to be a witness, they must examine themselves first before other witnesses.	Man Kaur vs. Hartar Singh Sangha (2010) – The Supreme Court held that a party cannot hold back their testimony until later.
			Order18Rule4	Witnesses to be examined in open court • All witnesses must be examined in open court unless the court orders otherwise.	State of Maharashtra vs. Dr. Praful Desai (2003) – The court allowed video conferencing for witness testimony.
			Order18Rule5	How evidence should be recorded • The court must record evidence properly, either by writing it down or dictating it to a stenographer.	Zahira Habibullah Sheikh vs. State of Gujarat (2004) – The court emphasized that proper recording of evidence is crucial for a fair trial.
			Order18Rule6	When evidence need not be recorded • If both parties agree, the court can record only the substance of the evidence instead of detailed notes.	K. Anbazhagan vs. Superintendent of Police (2004) – The Supreme Court ruled that proper evidence recording is essential for appeals.
			Order18Rule7	Manner of recording evidence • Evidence should be recorded in a narrative form, unless the court directs otherwise.	Bipin Shantilal Panchal vs. State of Gujarat (2001) – The court ruled that courts should not unnecessarily reject evidence during recording.
			Order18Rule8	Memorandum of evidence • The judge must make a memorandum of important points if evidence is not recorded verbatim.	Mangilal vs. State of M.P. (2004) – The Supreme Court held that accurate recording is necessary for fair trial proceedings.
			Order18Rule9	When evidence must be read over • After recording, the evidence must be read back to the witness to ensure accuracy.	Nathuni Yadav vs. State of Bihar (1997) – The court emphasized the importance of confirming recorded statements.
			Order18Rule10	Court may recall and examine witness • The court has the power to recall and re-examine witnesses if necessary for justice.	Ram Chander vs. State of Haryana (1981) – The Supreme Court ruled that recalling witnesses should not be used to fill gaps in evidence.
			Order18Rule11	Power to examine a witness immediately • If necessary, the court can examine a witness immediately without following regular procedures.	State of Karnataka vs. Yarappa Reddy (1999) – The court held that urgent witness examination can be allowed in exceptional cases.
			Order18Rule12	Power to deal with evidence taken before another judge • If a judge is transferred, the new judge can use evidence recorded by the previous judge.	Krishna Swami vs. Union of India (1992) – The court ruled that judicial continuity must be maintained.
			Order18Rule13	Memo of substance • If evidence is not recorded in full, a memo of substance must be maintained.	Bhimappa Chandappa Hosamani vs. State of Karnataka (2006) – The court emphasized the importance of maintaining proper trial records.
			Order18Rule14	Exhibits • Documents and objects presented as evidence (exhibits) must be properly marked and recorded.	Tukaram S. Dighole vs. Manikrao Shivaji Kokate (2010) – The Supreme Court ruled that all exhibits must be numbered and indexed.
			Order18Rule15	Arguments to be heard before judgment • Before passing judgment, the court must allow both parties to present final arguments.	Shiv Kumar Sharma vs. Santosh Kumari (2007) – The Supreme Court ruled that final arguments are a crucial part of the trial process.
		Key Principles Derived from Case Laws 1. Evidence must be recorded systematically o Ritesh Tiwari vs. State of Uttar Pradesh (2010) – The court ruled that evidence should be recorded clearly and in an organized manner. 2. Witnesses should be examined in open court o Dr. Praful Desai vs. State of Maharashtra (2003) – The court allowed video conferencing for witness testimony to ensure fairness. 3. Judges must record reasons for recalling witnesses o Tukaram S. Dighole vs. Manikrao Shivaji Kokate (2010) – The Supreme Court held that witnesses should only be recalled when necessary for justice.	Order18Rule16	Power to limit time for arguments •The court can limit the time for arguments to prevent unnecessary delays.	V.K. Periya Pandi vs. Muthusamy (2012) – The court ruled that time limits must be reasonable and fair.
Order19	Section 139, 145 of CPC	Order 19 of the Civil Procedure Code (CPC), 1908 deals with affidavits as a mode of evidence. Affidavits are sworn written statements that serve as proof of facts in court. This order gives courts the discretion to accept affidavits instead of oral evidence in certain situations, making the legal process more efficient. Key Principles from Order 19 1. Courts have discretion to accept or reject affidavits as evidence. 2. Affidavits must contain only facts, not opinions. 3.Opposing parties have a right to cross-examine the deponent if needed. 4. Affidavits should be properly verified and signed before an authorized officer.	Order19Rule1	Power to order any point to be proved by affidavit • The court may allow facts to be proved by affidavit instead of requiring a witness to appear in court. • However, if necessary, the court may also order cross-examination of the deponent (person making the affidavit).	In procedural matters like proving service of summons, an affidavit may be sufficient. Case Law: State of J&K vs. Bakshi Gulam Mohammad (1966) – The Supreme Court ruled that affidavits can be used as evidence unless there is a dispute over the facts.
			Order19Rule2	Power to order attendance of deponent for cross-examination • If the opposite party challenges the truthfulness of an affidavit, the court may order the deponent to appear for cross-examination. • This ensures fairness and prevents misuse of affidavits.	If a party submits an affidavit claiming that a contract was signed, and the other party denies it, the deponent may be asked to testify in court. Case Law: Khandesh Spinning and Weaving Mills vs. Rashtriya Girni Kamgar Sangh (1960) – The Supreme Court held that courts must allow cross-examination when requested by the other party.
			Order19Rule3	Matters to which affidavits shall be confined • Affidavits should only contain facts that the deponent personally knows. • Affidavits must not include opinions, legal arguments, or hearsay statements (statements based on someone else's knowledge).	A person cannot submit an affidavit stating that "the defendant is a fraud"; instead, they can only mention facts proving fraud. Case Law: A.K.K. Nambiar vs. Union of India (1970) – The Supreme Court ruled that affidavits must be based on direct knowledge and not assumptions or legal arguments.
			Order19Rule3A	Affidavit cannot be used in interlocutory applications unless permitted by law • This rule states that in interlocutory (temporary) applications, an affidavit cannot replace oral evidence unless the law allows it. • This prevents misuse of affidavits in important matters.	In an application for an injunction, affidavits may be allowed, but in complex cases like fraud allegations, the court may insist on oral evidence. Case Law: Mehta Parikh & Co. vs. CIT (1956) – The Supreme Court held that affidavits cannot be the sole evidence in disputed matters.
Order20		Order 20 of the Civil Procedure Code (CPC), 1908 deals with the pronouncement of judgments and preparation of decrees in civil cases. A judgment is the final decision of a court explaining the reasons for the decision, while a decree is the formal order that enforces the judgment.	Order20Rule1	Judgment when pronounced • The court must pronounce the judgment in open court after completing the hearing. • The judgment should be delivered within 30 days, but in exceptional cases, it may be extended to 60 days.	After the final arguments in a property dispute case, the court must declare its decision in open court within the prescribed period. Case Law: Ajay Bansal vs. Anup Mehta (2007) – The Supreme Court emphasized that delayed judgments should be avoided as they affect justice.
			Order20Rule2	Power to pronounce judgment written by predecessor • If a judge retires or is transferred before delivering judgment, the successor judge can pronounce it, provided the judgment was already written.	If Judge A writes a judgment but is transferred before pronouncing it, Judge B can read out the same judgment in court. Case Law: Surendra Singh vs. State of UP (1954) – The Supreme Court ruled that a successor judge cannot pronounce judgment if it was not completely written by the predecessor.
			Order20Rule3	Judgment to be signed • Once the judgment is delivered, the judge must sign it immediately to prevent alterations. • The signed judgment is the final version and is binding.	A judge delivering a judgment on March 1st must sign it on the same day to maintain authenticity. Case Law: Dhanpat Rai vs. Shamsher Singh (1980) – It was held that an unsigned judgment has no legal value.
			Order20Rule4	Judgments of Small Cause Courts • In Small Cause Courts, judgments may be brief and not require detailed reasoning unless an appeal is allowed.	In a minor rent dispute case, a Small Cause Court may simply declare that the tenant must pay rent without detailed legal analysis. Case Law: Shiv Kumar Chadha vs. MCD (1993) – The Supreme Court stated that even in Small Cause Courts, the judgment must be clear and explain the decision.
			Order20Rule5	Court to state its decision on each issue • The court must decide each issue separately and give its reasoning. • If multiple issues arise, the judgment should cover all of them.	In a divorce case, if the wife alleges both cruelty and desertion, the court must give findings on both issues separately. Case Law: Balraj Taneja vs. Sunil Madan (1999) – The Supreme Court ruled that courts cannot ignore or skip important issues raised in a case.
			Order20Rule6	Contents of decree • A decree should clearly mention: 1. Suit number and date of decision 2. Names of parties 3. Decision and relief granted	In a land dispute case, the decree should specify who is the rightful owner. Case Law: Bhavan Vaja vs. Solanki Hanuji (1972) – The Supreme Court ruled that a decree must be specific and executable without ambiguity.
			Order20Rule7	Decree should agree with judgment • The decree must be in line with the judgment and should not contain anything extra or different.	If a judgment orders Rs. 1 lakh as compensation, the decree cannot state Rs. 2 lakh. Case Law: Sita Ram vs. State of UP (1979) – The Supreme Court ruled that any discrepancy between judgment and decree is illegal.
			Order20Rule8	Procedure where Judge has vacated office before decree signed • If a judge delivers a judgment but leaves office before signing the decree, the successor judge can sign it. • However, if the judgment is incomplete, the successor judge must hear the case again.	If Judge A delivers a judgment on April 1st but retires before signing the decree, Judge B can sign it if there are no changes. Case Law: Uday Shankar Triyar vs. Ram Kalewar Prasad Singh (2006) – The Supreme Court held that a successor judge can sign the decree only if the judgment is complete.
Order21	Sections 36, 38, 39, 51 and 60 of CPC	Order 21 of the Civil Procedure Code (CPC), 1908 is one of the longest and most important orders as it governs the execution of decrees and orders. Execution means enforcing the judgment or decree passed by the court. If a party wins a case but does not get the relief granted in the decree, they can file for execution under Order 21. Key Terminologies • Decree-holder → The party in whose favor the decree is passed. • Judgment-debtor → The party against whom the decree is passed. • Executing Court → The court that enforces the decree. • Modes of Execution → Attachment of property, arrest and detention, appointment of a receiver, etc.	Order21Rule1-2	Payment under Decree • The judgment-debtor can pay the decree amount either: 1. To the decree-holder directly, or 2. To the court which passed the decree. • Once the amount is paid, the execution is considered complete.	If a court orders a tenant to pay ₹1 lakh to the landlord, the tenant can pay it in court or directly to the landlord. Case Law: State of Punjab vs. Krishan Dayal Sharma (2011) – The Supreme Court ruled that if payment is made to the court, it must be credited to the decree-holder immediately.
			Order21Rule3-6	Application for Execution • The decree-holder must apply for execution in the same court that passed the decree or a competent transferee court. • The application must include: o Suit number and decree details. o Mode of execution (attachment, arrest, etc.).	If a bank wins a recovery suit against a borrower, it can apply for execution in the same court where the decree was passed. Case Law: Ghanshyam Das vs. Anant Kumar Sinha (1984) – The Supreme Court held that execution applications must be filed within 12 years from the date of the decree.
			Order21Rule10-16	Transfer of Decree for Execution • If a decree is passed in one court but needs to be executed in another (different jurisdiction), it can be transferred. • The executing court cannot question the validity of the decree but can only enforce it.	A decree against a person in Delhi can be transferred to a court in Mumbai if the judgment-debtor owns property there. Case Law: M.V. Shankar Bhat vs. Claude Pinto (2003) – The Supreme Court ruled that execution courts must not modify the decree but only execute it.
			Order21Rule17-29	Modes of Execution Execution can be carried out through the following methods:
			Order21Rule30-40	Arrest and Detention • If the judgment-debtor fails to pay, the decree-holder can apply for his arrest. • However, women, minors, and senior citizens cannot be arrested for money decrees. • The arrested person can be sent to civil prison for up to three months.	If a company director refuses to pay damages despite a court order, he can be jailed. Case Law: Jolly George Varghese vs. Bank of Cochin (1980) – The Supreme Court held that arrest for non-payment of debt violates Article 21, unless fraud is proved.
			Order21Rule41-57	Attachment of Property • The court can attach the movable or immovable property of the judgment-debtor. • The attached property cannot be sold until a court order is passed. • Some properties cannot be attached, such as: o Salaries of government employees (except for maintenance decrees). o Pensions. o Houses of agriculturists.	If a person refuses to pay a decree amount, their bank account can be frozen. Case Law: K.K. Velusamy vs. N. Palanisamy (2011) – The court ruled that attached property cannot be sold below market price.
			Order21Rule58-64	Sale of Property • If the decree remains unpaid, the court can order the sale of attached property. • The sale must be conducted through public auction, and the proceeds go to the decree-holder.	If a borrower defaults on a home loan, the bank can auction the house to recover the money. Case Law: Desh Bandhu Gupta vs. N.L. Anand (1994) – The Supreme Court held that fraudulent sales in execution can be set aside.
			Order21Rule65-97	Delivery of Property • If a decree involves land or house possession, the judgment-debtor must vacate and hand it over. • If they refuse, the court can use police assistance.	If a tenant illegally occupies a rented house despite an eviction order, the landlord can request the court to forcefully remove them. Case Law: Shreenath vs. Rajesh (1998) – The Supreme Court ruled that police assistance can be used to enforce possession orders.
Order22	Section 50, 52 and 146 of CPC	Order 22 of the Civil Procedure Code (CPC), 1908 deals with the procedures to be followed when parties to a suit die, marry, or become insolvent during legal proceedings. It ensures that justice is not delayed due to such circumstances and that the legal rights of the concerned parties are safeguarded.	Order22Rule1	No Abatement by Death of a Party in Certain Cases • If the right to sue survives, the case does not end with the death of a party. • Legal representatives (LRs) can step in and continue the case.	If A files a suit for property partition and dies, his legal heirs can continue the case. Case Law: Krishna Kumar vs. Narsingh Kumar (2014) – The Supreme Court held that a suit does not abate if the legal representatives are brought on record within time.
			Order22Rule2	Marriage of Female Plaintiff or Defendant • If a female party to a suit marries and her rights are affected, the husband or any other affected party may be substituted.	If a woman sues for property rights and marries, the husband may have a role in the case.
			Order22Rule3	Procedure in Case of Death of a Plaintiff • If the plaintiff dies and the right to sue survives, the legal representatives (LRs) must be added within 90 days. • If no LRs are brought on record, the suit abates (ends).	A files a suit for recovery of money but dies. His son, as a legal representative, can continue the suit. Case Law: Smt. Suresh Devi vs. Om Prakash (2016) – If legal representatives are not substituted within the prescribed time, the suit automatically abates.
			Order22Rule4	Death of a Defendant • If the defendant dies, the plaintiff must substitute the LRs within 90 days. • If no substitution is made, the suit abates against the deceased defendant.	If A sues B for defamation and B dies, A must add B’s legal heir to continue the case. Case Law: Bhagwan Swaroop vs. Mool Chand (1966) – Held that a suit abates if the legal representative is not impleaded within 90 days, but courts can grant extensions in special cases.
			Order22Rule4A	Procedure When There is No Legal Representative • If a deceased defendant has no legal representatives, the court may appoint someone to represent the estate. • This ensures that the case does not automatically abate.	If a person dies without family, the court can appoint an executor to represent the estate.
			Order22Rule5	Determining Legal Representatives • If there is doubt about who the LR is, the court must decide before proceeding.	If two sons claim to be the legal heirs, the court must verify documents and settle the matter before continuing the case.
			Order22Rule6	Abatement of Appeal • If an appellant (person filing an appeal) dies during the appeal, the LRs must continue the case. • If no LRs appear, the appeal abates.	If A appeals a civil court decree but dies, his son must step in. Case Law: Haji Abdul vs. Mohd. Ishaq (1984) – Appeals abate if LRs are not added within time.
			Order22Rule7	No Abatement if a Legal Representative is Already on Record • If the deceased has another legal representative already in the case, the suit does not abate.	A father and son are co-plaintiffs in a case. If the father dies, the case continues with the son.
			Order22Rule8	Effect of Abatement • If a suit abates, it is as if it was never filed. • However, an abated suit can be revived if sufficient cause is shown.	If a case abates due to delay in filing LR details, but the delay was genuine, the court may allow it to continue. Case Law: Madhukar vs. Vasantrao (2007) – The Supreme Court ruled that courts can condone delays if there is a valid reason for not adding LRs in time.
			Order22Rule9	Revival of an Abated Suit • The court may set aside abatement if the delay was due to a valid reason (e.g., illness, lack of information). • Application must be filed within 60 days of abatement.	If a lawyer forgets to add an LR, the court can revive the suit upon request. Case Law: Gurpal Singh vs. Mahendra (2000) – Delay in adding LRs can be excused in cases of genuine hardship.
			Order22Rule10	Insolvency of a Party • If a plaintiff becomes insolvent, the case continues unless it involves personal rights. • If a defendant becomes insolvent, the case still proceeds.	If a businessman sues for contract breach and later goes bankrupt, his official receiver can continue the suit. Case Law: Harish vs. Punjab National Bank (2018) – The Supreme Court ruled that insolvency does not automatically end a case unless personal rights are involved.
Order23	Section 89 and 151	Order 23 of the Civil Procedure Code (CPC), 1908 deals with two important aspects of civil litigation: 1. Withdrawal of suits – When a plaintiff wants to withdraw their suit, either absolutely or with permission to file a fresh suit. 2. Compromise of suits – When parties reach a mutual settlement and agree to compromise. This order ensures that unnecessary litigation is avoided and that disputes are resolved amicably whenever possible.	Order23Rule1	Withdrawal of Suit or Abandonment of Part of Claim (1) Absolute Withdrawal • A plaintiff can withdraw the entire suit or any part of their claim at any stage of the proceedings. • However, if withdrawn without permission, they cannot file a fresh suit on the same cause of action. (2) Withdrawal with Permission to File a Fresh Suit • If the court is satisfied that the suit suffers from a formal defect or other valid reasons exist, it may allow the plaintiff to withdraw with permission to file a fresh suit. • A formal defect includes: o Jurisdictional error o Wrong parties sued o Misjoinder of parties	(1) If A files a suit against B for land possession and later withdraws it without permission, A cannot file the same suit again. Case Law: K.S. Bhoopathy vs. Kokila (2000) – The Supreme Court held that courts should not allow withdrawal if it causes injustice to the defendant. (2) If A sues B in the wrong court and later realizes the mistake, A can seek withdrawal with permission to file in the correct court. Case Law: Smt. Sonmati Devi vs. Dharampal (1973) – The court ruled that not every mistake is a formal defect, and permission should be granted only in genuine cases.
			Order23Rule2	Limitation on Withdrawal in Representative Suits • In cases where a plaintiff sues on behalf of others (e.g., class actions or public interest litigations), they cannot withdraw without court permission. • The court must ensure that withdrawal does not affect the rights of others.	A person filing a suit for environmental damage on behalf of a community cannot withdraw it unilaterally. Case Law: Bishnu Charan vs. State of Orissa (1972) – The Supreme Court held that a representative suit affects multiple parties, so withdrawal requires court scrutiny.
			Order23Rule3	Compromise of Suit (Settlement or Agreement) • If both parties agree to a settlement or compromise, the court records the terms and disposes of the suit accordingly. • The compromise must be lawful and voluntary.	A and B are fighting a case over property rights. If they reach a mutual settlement, the court can record it and close the case. Case Law: Bihari Lal vs. Gajadhar (1960) – The court ruled that a fraudulent or illegal compromise is not binding.
			Order23Rule3A	Bar on Suits Challenging Compromise Decrees • Once a compromise decree is passed, no separate suit can be filed to challenge it. • If a party claims the compromise was fraudulent, they must challenge it in the same case.	If A and B settle a case and A later claims B cheated him, A cannot file a new suit but must challenge the original settlement in the same case. Case Law: Banwari Lal vs. Chando Devi (1993) – The Supreme Court ruled that a compromise decree cannot be challenged separately.
Order24	Section 151 and 89 of CPC	Order 24 of the Civil Procedure Code (CPC), 1908 deals with payment into court by the defendant when they admit a part or whole of the plaintiff’s claim. This provision helps in speedy disposal of cases and avoids unnecessary litigation by allowing the defendant to deposit the admitted amount in court. Objective of Order 24: • Encourages early settlement of financial disputes. • Protects plaintiff’s interest by ensuring they receive the admitted claim amount. • Reduces the burden on courts by avoiding unnecessary trials.	Order24Rule1	Deposit by Defendant Admitting Claim • If a defendant admits that they owe a certain amount to the plaintiff, they can deposit that amount in court before the trial starts. • The deposit can be for the entire claim or a part of it.	A files a suit against B for ₹1,00,000. B admits they owe ₹50,000 but disputes the rest. B can deposit ₹50,000 in court. Case Law: K. Muthuswami vs. P. K. Krishnan (1986) – The court ruled that if a defendant admits liability, they should deposit the amount immediately to prevent unnecessary litigation.
			Order24Rule2	Notice of Deposit to Plaintiff • When the defendant deposits money, the court must notify the plaintiff. • The plaintiff has the right to accept or reject the amount.	If B deposits ₹50,000 in court, A must be informed so they can decide whether to accept it. Case Law: Mohammad Hussain vs. Abdul Rehman (1953) – The court ruled that failing to inform the plaintiff violates their rights, and the deposit cannot be considered valid.
			Order24Rule3	Acceptance of Deposit by Plaintiff • If the plaintiff accepts the deposited amount, they can apply to the court to withdraw it. • The case will proceed only for the remaining disputed amount, if any. • If the plaintiff rejects the amount, the case proceeds as usual.	If A accepts ₹50,000 but insists on fighting for the remaining ₹50,000, the case continues for that amount only. Case Law: Krishna Das vs. Govind (1978) – The Supreme Court held that accepting the deposit does not prevent the plaintiff from pursuing the remaining claim.
			Order24Rule4	Effect of Acceptance as Full Settlement • If the plaintiff accepts the deposit as full satisfaction, the suit is dismissed. • If they accept it as partial payment, the suit continues for the remaining amount.	If A accepts ₹50,000 in full satisfaction, the case ends. But if A says they still need ₹50,000 more, the trial continues. Case Law: Bashir Ahmed vs. Abdul Rahim (1965) – The court ruled that if a plaintiff accepts money as full settlement, they cannot claim more later.
Order25	Section 35 and 151 of CPC	Order 25 of the Civil Procedure Code (CPC), 1908 provides for cases where the plaintiff may be required to deposit security for costs. This ensures that if the plaintiff loses the case, the defendant can recover their legal expenses. Objective of Order 25: • Protects defendants from unnecessary litigation. • Prevents frivolous suits where plaintiffs may not be able to pay costs. • Ensures fairness in legal proceedings.	Order25Rule1	When Plaintiff May Be Ordered to Give Security • The court may order a plaintiff to deposit security for costs if: 1. The plaintiff does not reside in India. 2. The court believes the plaintiff may not be able to pay costs if they lose the case.	A foreign national sues an Indian citizen. The court may ask the foreign plaintiff to deposit security to ensure the defendant can recover costs if they win. Case Law: Ganga Bai vs. Vijay Kumar (1974) – The Supreme Court ruled that security for costs should not be used to discourage genuine litigation but to prevent misuse of the legal system.
			Order25Rule2	Dismissal of Suit for Failure to Provide Security • If the plaintiff fails to deposit security within the time fixed by the court, the court can dismiss the suit. • The plaintiff can apply for restoration by showing a valid reason for failure.	A plaintiff ordered to deposit ₹50,000 as security does not pay within the given time. The court may dismiss the case. Case Law: Janki Dass vs. Jugal Kishore (1969) – The court ruled that dismissal should be a last resort, and plaintiffs should be given reasonable time.
			Order25Rule3	Refund of Security if Plaintiff Wins • If the plaintiff wins the case, the security amount is returned. • If the defendant wins, the security is used to cover their legal costs.	If A (plaintiff) deposits ₹50,000 and wins the case, they get the money back. If A loses, the amount is used to pay B’s legal expenses. Case Law: Hari Shankar vs. Triloki Nath (1982) – The court held that security should not be misused to delay justice and should be returned if the plaintiff wins.
Order26	Section 75, 76 and Section 77 of CPC	Order 26 of the Civil Procedure Code (CPC), 1908 deals with the appointment of commissions by the court. The commission is appointed when the court needs assistance in matters like: • Recording evidence when a witness cannot attend court. • Local investigation to examine property or facts on-site. • Scientific investigation or technical examination. • Examination of accounts or partitions.	Order26Rule1	Appointment of a Commissioner for Examination of Witnesses • If a witness cannot attend court due to age, illness, or any valid reason, the court can appoint a commissioner to record their evidence. • The evidence recorded by the commissioner has the same effect as if recorded in court.	A key witness in a case is hospitalized and cannot appear in court. The court can appoint a commissioner to visit the hospital and record their statement. Case Law: Ameer Ali vs. Yusuf (1989) – The court held that a commission can be appointed when a witness physically cannot attend court, but it should not be misused to delay proceedings.
			Order26Rule2	Application for Commission • Any party to the case can apply for a commission. • The court can also appoint a commission on its own discretion.	If a witness is abroad, the party can request the court to appoint a commissioner to record their statement through video conferencing. Case Law: S. R. Ejaz vs. T.N. Narayanan (2005) – The Supreme Court ruled that commissions should be used only when necessary, not as a tool for delaying cases.
			Order26Rule3&4	Commissioner for Local Investigation • The court may appoint a commissioner to visit a property and submit a report based on observations. • Useful in cases involving boundary disputes, property valuation, or encroachments.	A and B dispute over land boundaries. The court appoints a commissioner to visit the land, take measurements, and report back. Case Law: Shantibai vs. Baburao (1999) – The Supreme Court held that local investigation helps ascertain facts more accurately than verbal testimony.
			Order26Rule5&6	Commissioner for Scientific, Technical, or Expert Investigation • A commission can be appointed to examine accounts, handwriting, signatures, or scientific/technical matters.	A court may appoint a handwriting expert to verify a disputed signature in a will. Case Law: Lalit Kumar vs. Govind Prasad (1980) – The court ruled that expert commissions should only be used when the matter requires specialized knowledge.
			Order26Rule7-10	Commissioner’s Report and Its Use in Court • The commissioner must submit a report to the court after completing the investigation. • If the parties object to the report, the court may call the commissioner for cross-examination. • The court may accept, reject, or modify the report.	A commissioner submits a land boundary report that favors A. If B disputes it, they can challenge it in court. Case Law: State of Maharashtra vs. Ramdas Shrinivas Nayak (1982) – The Supreme Court held that a commissioner’s report is not final and can be challenged.
			Order26Rule11-18	Powers and Duties of the Commissioner • The commissioner can examine witnesses, visit locations, and collect evidence. • The court can give specific instructions about what the commissioner can and cannot do. • Commissioners must remain neutral and act according to the court’s instructions.	A commissioner appointed to inspect a factory cannot make personal judgments about the working conditions but can report factual findings. Case Law: N. S. Venkataraman vs. K. R. Venkataraman (1985) – The court ruled that commissioners should not act beyond their authority.
Order27	Section 79, 80 and 81	Order 27 of the Civil Procedure Code (CPC), 1908 deals with suits filed by or against the Government or public officers in their official capacity. Since the Government represents the state and public interest, special rules apply to legal proceedings involving it. Objective of Order 27: • Ensures fair representation of the Government in legal matters. • Provides special procedure for filing suits against public officers. • Protects public funds from unnecessary litigation.	Order27Rule1	Suits by or Against the Government • When a suit is filed by or against the Government, it must be represented by the appropriate authority (Union or State). • The Government pleader (Advocate for Government) represents it in court.	If someone sues the Central Government for not fulfilling a contract, the suit must be filed against the Union of India, represented by the appropriate department. Case Law: State of Punjab vs. Geeta Iron & Brass Works Ltd. (1978) – The Supreme Court ruled that the Government must be given a fair opportunity to respond in lawsuits.
			Order27Rule2	Authority to Sue or Be Sued • A person filing a case against the Government must state the specific department and the responsible authority. • If a suit is against a public officer, it must mention their official capacity.	If a citizen sues the Railway Department, they must file the case against the General Manager, Railways (not against any individual officer).
			Order27Rule3	Plaint to Set Forth Government Pleader’s Name • In any suit against the Government, the plaintiff must mention the Government pleader’s name in the plaint. • Ensures proper legal representation and response from the Government.	A petitioner filing a case against a State Government must mention the State’s Advocate General or Government pleader in court records.
			Order27Rule4	Fixing Time for Answering the Plaintiff’s Claim • The court grants the Government sufficient time to file a written statement or response. • This is because Government cases require internal approvals and legal consultation.	If a private company sues the Government for breach of contract, the Government may get extra time to file a reply due to bureaucratic processes. Case Law: Union of India vs. A. K. K. Nambiar (1970) – The court held that the Government should not misuse delays and must reply within a reasonable time.
			Order27Rule5	Extension of Time for Filing Written Statement • The court may allow extra time for the Government to file its response. • However, unnecessary delays should be avoided.	If a Government department needs more time to gather documents, the court may extend the deadline to submit its reply.
			Order27Rule6	Procedure in Suits Against Public Officers • If a suit is filed against a public officer for actions done in their official capacity, they must be given time to defend themselves. • The Government can step in to defend its officers.	A police officer is sued for wrongful arrest in their official duty. The Government may provide legal representation to the officer. Case Law: State of Bihar vs. Sonabati Kumari (1961) – The Supreme Court ruled that public officers should not be held personally liable for acts done in their official capacity unless there was malafide intention.
			Order27Rule7	Government to Be Heard in Cases Involving Public Interest • If a case involves public interest, the Government must be given a chance to present its side. • The court may seek a Government report before passing any order.	In a case challenging environmental policies, the court must hear the Government’s response before making a decision.
			Order27Rule8	Procedure When Public Officer Is a Party • When a public officer is sued, the case is handled like a regular civil suit, but special considerations may apply.	If a municipal officer is sued for negligence in maintaining roads, the suit may proceed as a normal case, but the Municipality or State Government may intervene.
			Order27Rule8A	Exemption from Security for Costs • The Government does not have to deposit security for costs like private litigants. • This prevents unnecessary financial burden on the public treasury.	If the Government files a suit against a contractor, it is not required to deposit security money as private parties do. Case Law: Union of India vs. Raman Iron Foundry (1974) – The court ruled that the Government should not be treated as an ordinary litigant and is exempted from security deposits.
Order28	Section 79, 80 and 132	Order 28 of the Civil Procedure Code (CPC), 1908 deals with suits filed by or against military personnel, naval officers, and airmen. Since members of the armed forces often serve in remote or war-prone areas, special provisions ensure they can safely participate in legal proceedings without affecting national security. Objective of Order 28: • Provides legal protection to military personnel in lawsuits. • Ensures they can appoint authorized representatives for court cases. • Prevents disruptions in national security due to legal matters.	Order28Rule1	Appointment of an Authorized Representative • If a military, naval, or air force officer is involved in a lawsuit and cannot appear in court, they can appoint another person to act as their authorized representative. • The representative must be approved by the officer’s commanding officer.	A soldier posted in a war zone is sued for a property dispute. Instead of attending court, he can appoint his lawyer or family member to represent him. Case Law: Major General N.C. Jain vs. Union of India (1989) – The court ruled that military personnel must be given fair chances to defend themselves in lawsuits.
			Order28Rule2	Power of Attorney for Military Personnel • Military personnel can issue a power of attorney in favor of their representative to handle court matters. • The power of attorney should be certified by the commanding officer.	An air force pilot stationed abroad gives his brother power of attorney to fight a legal case on his behalf.
			Order28Rule3	Special Exemptions for Military Personnel • Courts cannot force a military officer to appear in person if they are on duty. • If a case requires their presence, the court may postpone the hearing or allow them to participate via their representative.	A navy officer on a submarine mission is unable to attend a hearing. The court grants an extension until he is available. Case Law: Lt. Col. R.K. Singh vs. State of Bihar (2002) – The Supreme Court held that courts must accommodate military officers who are unable to attend due to national duties.
			Order28Rule4	Court’s Discretion in Cases Involving Armed Forces • The court has the discretion to postpone cases involving military personnel if their absence is due to service obligations. • The court can also issue orders to ensure justice without disturbing military duties.	A soldier stationed at the border is involved in a civil case. The court may decide to defer the case until he can participate.
Order29	Section 79, 80 and 132	Order 29 of the Civil Procedure Code (CPC), 1908 deals with suits filed by or against corporations. A corporation is a legal entity separate from its members, meaning it can sue or be sued in its own name. This order ensures that corporations follow proper legal procedures while participating in lawsuits. Objective of Order 29: • Provides a legal framework for corporations in civil cases. • Ensures corporate representation in court. • Defines how corporations can sue or be sued.	Order29Rule1	Subscription and Verification of Plaint • When a corporation files a lawsuit, the plaint (legal complaint) must be signed and verified by a director, secretary, or principal officer of the company. • This ensures that an authorized representative is responsible for legal proceedings.	If ABC Pvt. Ltd. sues a vendor for breach of contract, the plaint must be signed by the company’s managing director or legal officer. Case Law: Seth Banarsi Das vs. Cane Commissioner (1963) – The Supreme Court ruled that corporations must be properly represented in court filings.
			Order29Rule2	Service of Summons on a Corporation • If a corporation is sued, court summons must be delivered to: 1. The secretary, or 2. A director, or 3. A principal officer of the corporation. • The summons can be personally delivered or sent to the company’s registered office.	If XYZ Ltd. is sued, the court notice can be served at its corporate headquarters or to its CEO. Case Law: Delhi Development Authority vs. Skipper Construction Co. (1996) – The Supreme Court held that summons must be served properly to ensure a fair trial.
			Order29Rule3	Power to Require Personal Appearance of Officer • The court can order the personal appearance of a corporate officer if necessary. • Usually, companies are represented by lawyers, but in special cases, the court can summon a director or senior officer.	If a fraud case is filed against a corporation, the court may summon the CEO or CFO to answer specific questions. Case Law: Tata Engineering & Locomotive Co. Ltd. vs. State of Bihar (2000) – The court ruled that directors may be summoned if their testimony is essential to the case.
Order30	Section 69, 25 of the Indian Partnership Act, 1932	Order 30 of the Civil Procedure Code (CPC), 1908 deals with suits filed by or against firms and partnerships. A partnership firm is not a separate legal entity like a company, but it can still sue or be sued in its firm name. Objective of Order 30: • Provides a legal framework for lawsuits involving partnerships. • Allows firms to sue or be sued in their firm name. • Ensures proper representation of partners in legal proceedings.	Order30Rule1	Suing in the Name of the Firm • A partnership firm can file a suit in its own name, even though it is not a separate legal entity. • However, all partners are legally responsible for the firm’s actions.	If ABC & Co. enters a contract and the other party violates it, the firm can sue in its own name instead of listing each partner separately. Case Law: Purushottam Umedbhai vs. Manilal & Sons (1961) – The Supreme Court ruled that a registered firm can sue in its own name, but all partners remain liable.
			Order30Rule2	Disclosure of Partners' Names • When a firm files a lawsuit, the names of all partners must be disclosed upon request by the opposing party. • This ensures transparency and accountability.	If XYZ & Partners sues a supplier, the supplier can ask for a list of all partners to know who is legally responsible.
			Order30Rule3	Defending a Suit Against a Firm • If a lawsuit is filed against a firm, any one or more partners can represent the firm in court. • However, the court’s decision binds all partners, even those who did not appear in court.	If LMN & Co. is sued for breach of contract, only two out of five partners may appear in court, but the judgment will apply to all five partners. Case Law: M/s Shankar Finance & Investments vs. State of AP (2008) – The Supreme Court ruled that all partners are bound by the court’s decision, even if some did not participate in the case.
			Order30Rule4	Right of a Partner to Appear • Any partner can appear in court and defend the suit on behalf of the firm. • However, a partner cannot withdraw or compromise the case without the consent of all partners.	If a lawsuit is filed against RST & Co., Partner A can represent the firm, but he cannot agree to a settlement without Partner B and C’s approval.
			Order30Rule5	Notice to a Partner Who is No Longer in the Firm • If a person leaves a partnership before a lawsuit is filed, he cannot be sued unless proper notice is given. • This prevents unfair liability on former partners.	If John leaves ABC & Co. in 2023 and a case is filed against the firm in 2024, he cannot be held liable unless he was properly notified. Case Law: Kashinath v. Kesarimal (1956) – The court ruled that former partners must receive notice before being held responsible for the firm’s actions.
			Order30Rule6	When a New Partner Joins the Firm • If a new partner joins after a lawsuit is filed, he is not automatically liable for the firm’s previous legal issues.	If Mary joins XYZ & Co. in 2024 but the firm was sued in 2023, she cannot be held responsible for the previous case
			Order30Rule7	No Suit Against a Partner If the Firm is Sued • If a firm is sued, individual partners cannot be sued separately for the same issue. • The case must be handled as a firm case to avoid multiple lawsuits for the same matter.	If a client sues PQR & Co., they cannot file a separate lawsuit against Partner X for the same claim.
			Order30Rule8	Suit by a Third Party Against a Firm • If an outsider sues a partnership firm, the firm must respond as a single entity, not as separate partners. • However, if the firm denies being a partnership, the plaintiff can modify the lawsuit to sue each partner individually.	If MNO & Co. is sued but denies being a partnership, the court can allow the plaintiff to sue individual partners instead.
Order31	Section 92 of CPC, 211 and 302 of the Indian Succession Act, 1925	Order 31 of the Civil Procedure Code (CPC), 1908 deals with suits involving trustees, executors, and administrators. These individuals manage property or estates on behalf of others and may need to initiate or defend legal proceedings related to their duties. Objective of Order 31: • Establishes rules for lawsuits involving trustees, executors, and administrators. • Ensures that legal actions do not disrupt the management of estates and trusts. • Protects beneficiaries and legal heirs by defining the responsibilities of estate managers.	Order31Rule1	Representation in Suits • If two or more trustees, executors, or administrators are managing an estate or trust, they can all be sued jointly or one can be sued individually. • A single trustee, executor, or administrator can represent the entire group in legal proceedings.	If A, B, and C are co-trustees of a property, and a dispute arises, a lawsuit can be filed against all three or just one of them. Case Law: Shyamlal vs. Official Trustee of Bengal (1942) – The court held that a trustee can be sued alone, but the decree will bind all trustees.
			Order31Rule2	Personal Liability of Trustees, Executors, and Administrators • Trustees, executors, and administrators are not personally liable for actions taken in their official capacity. • However, if they misuse the trust property or act fraudulently, they can be personally sued.	If a trustee sells trust property for personal gain, beneficiaries can file a lawsuit against the trustee personally. Case Law: J.K. Trust vs. CIT (1957) – The Supreme Court ruled that a trustee is only liable in cases of fraud, negligence, or misuse of trust property.
			Order31Rule3	Right to Sue Without All Trustees • A lawsuit can continue even if all trustees or executors are not present in court. • This prevents delays in legal proceedings due to the absence of a trustee.	If a trust has five trustees and one is out of the country, the other four can still participate in legal proceedings. Case Law: Ghanashyam Mishra vs. Gopi Nath (1985) – The court ruled that a lawsuit against a trust can proceed even if not all trustees are present.
			Order31Rule4	Decree Against Trustees, Executors, or Administrators • If a court passes a decree against a trustee, executor, or administrator, it will be executed only against the estate or trust property, not their personal assets. • However, if there is fraud or mismanagement, their personal property can be attached.	If a court orders a trust to pay compensation, the payment must come from trust funds, not from the personal wealth of the trustee. Case Law: Hemraj vs. Official Trustee (1951) – The court ruled that trustees cannot use personal assets to satisfy a decree unless there is proof of misconduct.
			Order31Rule5	Enforcement of Court Orders • Any court order against a trustee, executor, or administrator must be executed only on the estate property. • The personal assets of trustees remain protected unless fraud or misconduct is proven.	If a trust defaults on loan repayment, the lender can claim trust assets but not personal assets of trustees. Case Law: Board of Trustees vs. Union of India (2000) – The Supreme Court ruled that trust property can be attached to enforce a decree, but trustees’ personal assets remain safe.
Order32	Section 2(11) of CPC, Section 118 of Indian Contract Act, 1872 and Section 7 of the Indian Majority Act, 1875	Order 32 of the Civil Procedure Code (CPC), 1908 provides special provisions for minors (children under 18) and persons of unsound mind in civil cases. Since these individuals lack legal capacity, they must be represented by a guardian or next friend in lawsuits. Objective of Order 32: • Protects the legal rights of minors and mentally incapacitated persons. • Ensures that fair representation is given to them in legal proceedings. • Prevents fraud or misuse by requiring a responsible guardian.	Order32Rule1	Who is a Minor? • A minor is a person below 18 years of age. • If a guardian is appointed by court, then the minor remains a minor until 21 years of age. • A minor cannot file a lawsuit or defend a case directly.	A 16-year-old boy cannot file a property dispute case on his own; he needs a guardian to represent him. Case Law: Sheela Devi vs. Lal Chand (1981) – The court ruled that any legal action taken by a minor without a guardian is invalid.
			Order32Rule2	Suit on Behalf of Minor – Representation by Next Friend • A minor must be represented by a "next friend" in a lawsuit. • The "next friend" can be a parent, guardian, or any responsible adult. • The court must approve the next friend before the suit proceeds.	A minor girl seeks compensation for an accident. Her father can act as a next friend and file the lawsuit on her behalf. Case Law: Ganga Dayal vs. Mani Ram (1959) – The court held that a minor’s lawsuit is not valid unless filed through a legally approved next friend.
			Order32Rule3	Guardian for Minor Defendants • If a minor is a defendant in a lawsuit, the court appoints a guardian ad litem (a guardian for the lawsuit). • The guardian ensures that the minor’s defense is properly represented. • A minor cannot personally make decisions in court.	A 15-year-old boy is sued for property inheritance. The court appoints a guardian ad litem to defend him. Case Law: Chunilal vs. Surajmal (1968) – The court ruled that any decree against a minor without a proper guardian is invalid.
			Order32Rule4	Who Can be a Guardian or Next Friend? • Must be an adult of sound mind. • Should not have conflicting interests in the case. • Needs to submit written consent to act as a guardian.	A father can be a guardian for a minor son in a property dispute, but not if the father himself is a party to the dispute. Case Law: Kasturi Devi vs. State of UP (1980) – The court disqualified a next friend who had personal interest in the minor’s property.
			Order32Rule5	Court's Power to Remove or Replace a Guardian • If the court finds that a guardian is acting against the minor’s interest, it can remove or replace them. • The court can appoint a new guardian if necessary.	If a guardian misuses the minor’s funds, the court can appoint another responsible person. Case Law: Sundari Dasi vs. Ashutosh (1920) – The court removed a guardian who was mismanaging the minor’s assets.
			Order32Rule6	When a Minor Becomes an Adult • If a minor turns 18 during a pending lawsuit, they must inform the court. • The next friend or guardian ceases to have authority once the minor reaches adulthood.	A 17-year-old girl files a case through her father. When she turns 18, she takes over the case herself. Case Law: Krishna vs. Gopal (1962) – The court ruled that a person who attains majority must inform the court and take over the case.
			Order32Rule7	No Agreement or Compromise Without Court’s Permission • A guardian cannot settle, compromise, or withdraw a minor’s case without court approval. • This ensures that the minor’s legal rights are protected.	A father acting as a next friend cannot sell the minor’s property as part of a court settlement without court permission. Case Law: Md. Hussain vs. Syed Lal (1961) – The court ruled that a compromise made by a minor’s guardian without permission is invalid.
			Order32Rule8	Application of Rules to Persons of Unsound Mind • The same rules apply to people who are mentally incapacitated. • They must be represented by a next friend or guardian.	A mentally ill person cannot sign contracts, so a court-appointed guardian must represent them in lawsuits. Case Law: Hari Ram vs. Shobha Devi (1974) – The court ruled that persons of unsound mind must have proper legal representation.
Order33	Section 304 CrPC, Article 39A of the Constitution and Section 9 CPC	Order 33 of the Civil Procedure Code (CPC), 1908 provides special provisions for individuals who cannot afford court fees. Such individuals are called "indigent persons" (पूर्वनिर्वि व्यनि), and they are allowed to file lawsuits without paying court fees. Objective of Order 33: • Ensures that justice is not denied due to financial hardship. • Allows poor individuals to file suits without paying fees upfront. • Protects the rights of financially weaker sections of society. Government Aid and Order 33 • The government may provide legal aid for indigent persons. • The Legal Services Authorities Act, 1987 ensures free legal services to poor people.	Order33Rule1	Who is an Indigent Person? A person is considered indigent (pauper) if: 1. They do not own sufficient property to pay the required court fees. 2. The total value of their property does not exceed ₹1000, excluding clothes, utensils, and house (if used for residence). 3. They are not receiving financial support that covers legal expenses.	A daily wage laborer wants to file a suit for land rights but cannot afford the court fee. He can apply to file the case as an indigent person under Order 33. Case Law: Janaki vs. Kesavan (1982) – The court ruled that a person owning substantial property cannot claim to be indigent.
			Order33Rule1	Who is an Indigent Person? A person is considered indigent (pauper) if: 1. They do not own sufficient property to pay the required court fees. 2. The total value of their property does not exceed ₹1000, excluding clothes, utensils, and house (if used for residence). 3. They are not receiving financial support that covers legal expenses.	A daily wage laborer wants to file a suit for land rights but cannot afford the court fee. He can apply to file the case as an indigent person under Order 33. Case Law: Janaki vs. Kesavan (1982) – The court ruled that a person owning substantial property cannot claim to be indigent.
			Order33Rule2&3	How to File a Suit as an Indigent Person? A person seeking to file a suit as an indigent must: 1. Submit an application (pauper petition) stating their financial status. 2. Provide a full list of their assets and liabilities. 3. The application must be signed and verified like a plaint.	Case Law: Gurushantappa vs. Abdul Khader (1996) – The court held that false declarations in an indigent suit application can lead to its rejection.
			Order33Rule4-7	Inquiry into Indigency • The court conducts an inquiry to verify the applicant's financial status. • If the person is found indigent, the suit is registered without court fee. • If the person is not indigent, they must pay the full court fee.	If a person claims indigency but has ₹10 lakh in a bank account, the court will reject their application. Case Law: S. Venkatesh vs. Karnataka Bank Ltd. (2004) – The court ruled that if a person falsely claims to be indigent, they must pay double the court fees as a penalty.
			Order33Rule5	Rejection of Indigent Application The court rejects the application if: • The applicant has sufficient means to pay the fee. • The case is frivolous or malicious. • The applicant has sold property to appear indigent. • The applicant failed to disclose all assets.	A businessman trying to evade court fees by transferring his assets to his wife will have his application rejected. Case Law: Mahabir Prasad vs. Kapoor Chand (1972) – The court ruled that concealing property while applying for indigent status is fraud.
			Order33Rule15	Effect of Rejection If the indigent person's application is rejected, they can: 1. Pay the court fee and continue the suit. 2. File a fresh suit if circumstances change.
			Order33Rule10	If the Indigent Person Wins the Case? • If the indigent person wins the case, the court will recover court fees from their winnings. • If they lose, they do not have to pay.	If an indigent person wins ₹5 lakh in a property dispute, the court fee will be deducted from this amount. Case Law: Sundaram vs. Gopalan (1997) – The court ruled that a successful indigent litigant must pay the court fees from the judgment amount.
Order34	Section 58, 60, 67 of the Transfer of Property Act, 1882, and Order 21 of CPC	Order 34 of the Civil Procedure Code (CPC), 1908, deals with suits related to mortgages of immovable property. It provides a legal framework for mortgage-related litigation, including redemption, foreclosure, and sale of mortgaged property. Objective of Order 34: • Protects the rights of mortgagors (borrowers) and mortgagees (lenders). • Ensures a proper legal process for enforcing mortgage rights. • Provides rules for redemption, foreclosure, and sale of mortgaged property.	Order34Rule1	Parties to Mortgage Suits • Every mortgage suit must include all necessary parties, such as: • Mortgagor • Mortgagee • Any other parties with an interest in the property	Case Law: Krishna Pillai v. Kothandarama Pillai (1911) – The court held that all interested parties must be included in a mortgage suit.
			Order34Rule2	Preliminary Decree for Foreclosure • If the mortgagee seeks foreclosure (ending the right of redemption), the court can pass a preliminary decree. • This decree fixes a time limit for the mortgagor to pay the debt. • If the mortgagor fails to pay, the mortgagee gets absolute ownership of the property.	Case Law: Ramaswamy v. Rajagopalan (1955) – The court ruled that foreclosure is allowed only in specific types of mortgages (like conditional sale mortgages).
			Order34Rule3	Final Decree for Foreclosure • If the mortgagor does not pay within the given time, the court passes a final decree confirming the foreclosure.	A mortgagor fails to pay ₹10 lakh within six months. The court then confirms foreclosure, and the mortgagee gets full ownership.
			Order34Rule4	Right of Redemption • The mortgagor can redeem the property before the final decree is passed by paying the loan amount. • If the court finds that the mortgagee has unfairly refused redemption, it can grant relief to the mortgagor.	Case Law: Ganga Dhar v. Shankar Lal (1958) – The Supreme Court ruled that the right of redemption cannot be taken away unfairly.
			Order34Rule5	Preliminary Decree for Sale • If the mortgagee seeks sale of the property, the court can pass a preliminary decree for sale. • The decree states: 1) The amount to be paid by the mortgagor. 2) The time limit for payment. 3) The consequences of non-payment (i.e., sale of property).
			Order34Rule6	Final Decree for Sale • If the mortgagor does not pay within the time limit, the court orders the sale of the mortgaged property. • The sale is conducted under Order 21 of CPC. • The mortgagee can recover their loan from the sale proceeds.	Case Law: Narandas Karsondas v. S.A. Kamtam (1977) – The Supreme Court ruled that ownership of mortgaged property does not transfer to the mortgagee unless a sale is completed through a final decree.
			Order34Rule7	Personal Liability of Mortgagor • If the sale amount is less than the loan amount, the mortgagee can claim the remaining balance from the mortgagor. • However, this does not apply in certain types of mortgages, such as usufructuary mortgages.	If a property is sold for ₹8 lakh, but the loan was ₹10 lakh, the mortgagor must pay the remaining ₹2 lakh.
			Order34Rule8	Right of Mortgagee to Sue for Mortgage Money • In some cases, the mortgagee can sue for the mortgage money directly instead of seeking foreclosure or sale.	Case Law: Kedar Nath v. Sheonarain (1911) – The court ruled that a mortgagee can sue for money only if the mortgage deed allows it.
			Order34Rule9	Mortgagee in Possession • If the mortgagee is in possession of the property, they must maintain accounts of income and expenses.	Case Law: Mulla v. Poonam Chand (1920) – The court ruled that a mortgagee in possession must not misuse the property.
Order35	Section 88, Order 35 Rule 1 and Order 35 Rule 3 of CPC	Order 35 of the Civil Procedure Code (CPC), 1908, deals with Interpleader Suits. This type of suit is filed when a person is holding property or money on behalf of others but does not know who the rightful owner is. Objective of Order 35: • Protects a person from multiple claims on the same property or money. • Ensures that the dispute is resolved through the court. • Prevents unnecessary litigation between claimants. Meaning of Interpleader Suit An Interpleader Suit is filed by a person who: • Holds money, property, or assets. • Faces rival claims from two or more people. • Does not claim any interest in the property/money. • Wants the court to decide who the rightful owner is.	Order35Rule1	When Interpleader Suit Can Be Filed An interpleader suit can be filed when: • The plaintiff holds property or money in dispute. • Two or more persons claim the same property. • The plaintiff has no personal interest in the property/money. Not Allowed If: • The plaintiff is making a claim on the property. • The plaintiff is acting as an agent for one of the parties.	A warehouse owner stores goods for a trader. Two people claim ownership of the goods. The warehouse owner is neutral and does not want legal trouble. So, he files an interpleader suit to let the court decide.
			Order35Rule2	Procedure for Filing an Interpleader Suit The plaintiff must state: • The property or money in dispute. • The names of all claimants. • That the plaintiff has no interest in the dispute. • The request for the court to decide the rightful owner.
			Order35Rule3	Court's Power to Order Deposit or Sale The court may order that the disputed property be: • Deposited in court, if it is money. • Sold, if it is perishable goods. • Kept with a neutral third party, if necessary.	A gold dealer has a gold bar in dispute. The court may order the gold to be stored in a bank locker until the case is decided.
			Order35Rule4	Procedure for Claimants • The claimants must appear and present their claims. • If any claimant does not appear, the court may decide the case in their absence.
			Order35Rule5	Cost and Expenses of the Plaintiff • The court may allow the plaintiff to recover legal costs from the property in dispute. • This is to ensure that a neutral person does not suffer a loss for approaching the court.
Order36	Section 90, Order 36 Rule 1 and Order 36 Rule 3 of CPC	Order 36 of the Civil Procedure Code (CPC), 1908, deals with Special Case Suits. This provision allows parties in a dispute to seek the court’s opinion on a legal question without undergoing a full trial. Objective of Order 36: • Provides a fast-track method for resolving legal doubts. • Saves time and expenses of full litigation. • Helps parties avoid unnecessary disputes by obtaining a court decision. Meaning of Special Case Suits A Special Case Suit arises when: • Parties agree on the facts of a case but need the court’s opinion on a legal issue. • The matter does not require witness examination or a detailed trial. • The parties voluntarily submit the case to the court for a legal decision.	Order36Rule1	Agreement to State a Special Case • When two or more parties agree on certain facts but need legal clarification, they can file a special case suit. • The agreement must be in writing and signed by all parties. • The case must involve a question of law, not factual disputes.	A landlord and tenant agree on the facts of a lease dispute but are uncertain about the legal interpretation of a rent clause. They file a special case suit to get the court’s legal view.
			Order36Rule2	Presentation of Special Case to the Court • The special case is filed like a plaint but with an agreement on facts. • It should include: 1) The exact legal question for the court’s decision. 2) The agreed facts that are undisputed. 3) The relief or opinion sought from the court.
			Order36Rule3	Hearing and Judgment on Special Case • The court examines the case and issues a decision based on the legal question presented. • No witnesses or evidence are required since facts are agreed upon. • The court may call for legal arguments if necessary.	Two companies disagree on a tax law interpretation. Since both accept the same financial records, they ask the court for a legal opinion instead of going through a full trial.
			Order36Rule4	Enforcement of Judgment • The court’s decision in a special case is binding on both parties. • If the judgment requires enforcement, it will be executed like a decree in a regular civil suit.	If a court rules that a tenant must pay additional rent, the landlord can enforce the judgment like a civil decree.
Order38	Section 94, Order 38 Rule 1 and Order 38 Rule 5 of CPC	Order 38 of the Civil Procedure Code (CPC), 1908, provides provisions for: 1. Arrest before judgment – To prevent a defendant from escaping jurisdiction to avoid a decree. 2. Attachment before judgment – To ensure that the defendant does not dispose of assets to evade liability. These provisions are preventive measures to protect the plaintiff’s interests before a court judgment is passed. Objective of Order 38: • Prevents the defendant from avoiding legal obligations. • Ensures that assets remain available to satisfy a future decree. • Acts as a safeguard against fraud by the defendant.	Order38Rule1	When a Defendant May Be Arrested Before Judgment • If the plaintiff proves that: 1) The defendant intends to leave India to avoid a decree. 2) The defendant is likely to delay or defeat the plaintiff’s claim. 3) The plaintiff has a strong case against the defendant. Exceptions: Women, minors, and government employees cannot be arrested under this provision.
			Order38Rule2	Security for Release from Arrest • The defendant can avoid arrest by providing: 1) A security deposit as a guarantee. 2) A personal undertaking to remain in court jurisdiction.	A businessman accused of fraud is arrested but provides a bank guarantee to secure his release.
			Order38Rule3	Procedure for Arrest Before Judgment • The plaintiff must apply to the court with supporting evidence. • The court may issue a warrant of arrest. • If arrested, the defendant must give security or remain in custody.
			Order38Rule4	Release of Defendant on Providing Security • If the defendant gives a security bond, the court must release them. • The security ensures that the plaintiff’s claim is protected.	A trader accused of non-payment deposits ₹5 lakh in court to avoid arrest.
			Order38Rule5	Attachment of Property Before Judgment • If the court finds that: 1) The defendant is trying to dispose of property to avoid a decree. 2) The defendant is hiding movable/immovable assets. 3) The defendant has no intention of paying if a decree is passed. The court may attach (freeze) the defendant’s property before judgment.	A company owes suppliers ₹50 lakh but is transferring its assets abroad. The supplier can request attachment before judgment.
			Order38Rule6	Removal of Attachment if Security is Provided • If the defendant provides security, the court may remove the attachment. • The security acts as a replacement for the attached property.
			Order38Rule7	Mode of Attachment • The attachment may be of: 1) Movable property – Seized by the court. 2) Immovable property – A legal order is issued to prevent sale. 3) Bank accounts – The court may freeze the account.
			Order38Rule8	When Attachment Before Judgment May Be Lifted • If the defendant proves they were not trying to evade payment, the court may remove the attachment. • The plaintiff must prove that the attachment was necessary.	A businessman proves that selling his car was for medical expenses, not to evade debt. The court removes the attachment.
Order39	Section 94, Order 39 Rule 1 and Order 39 Rule 2 of CPC	Order 39 of the Civil Procedure Code (CPC), 1908, deals with temporary injunctions and interlocutory orders. It allows courts to issue temporary relief to prevent irreparable loss or injury to parties before the final judgment is passed. Objective of Order 39: • To preserve the status quo of a case before the final decision. • To prevent irreparable loss to any party. • To protect the subject matter of the suit from being destroyed or altered.	Order39Rule1	Cases in Which Temporary Injunction May Be Granted A court may issue a temporary injunction in the following cases: • When the property in dispute is in danger of being wasted, damaged, or illegally sold. • When the defendant is planning to dispose of the property to avoid execution of a possible decree. • When the plaintiff would suffer irreparable loss if the injunction is not granted.	A land dispute is pending in court. The defendant tries to sell the land before judgment. The court may issue a temporary injunction to stop the sale.
			Order39Rule2	Injunction to Restrain Breach of Contract or Injury • A court can issue an injunction to stop a breach of contract or prevent any wrongful act that may cause injury to the plaintiff.	A company tries to sell a patented product without permission. The patent owner may get a temporary injunction to stop sales until the case is decided.
			Order39Rule3	Notice to the Opposite Party Before Granting an Injunction • Normally, courts issue a notice to the opposite party before granting an injunction. • However, in urgent cases, courts may grant an ex-parte injunction (without hearing the opposite party).	If a builder is demolishing a disputed building, the court may immediately issue an ex-parte injunction to stop it.
			Order39Rule4	Discharge or Variation of Injunction • If a party misrepresents facts or if circumstances change, the injunction can be canceled or modified.	A temporary injunction was granted to stop a construction project. Later, it is found that the plaintiff gave false information. The court may cancel the injunction.
			Order39Rule5	Injunction to Corporation Binding on Its Officers • If an injunction is granted against a company, government, or institution, all its officers must comply with the order.	If a court stops a municipality from demolishing a historical site, all officers of the municipality must follow the order.
			Order39Rule6	Power to Order Interim Sale • Courts can order an interim sale of perishable goods that may get damaged if left unused.	If a large stock of perishable fruits is in dispute, the court may order their sale before they rot.
			Order39Rule7	Power to Order Inspection of Property • The court can inspect disputed property or appoint a commissioner for this purpose.	In a land encroachment case, the court may appoint a commissioner to survey the land.
			Order39Rule8	Application of Rules to Orders Under Sections 75 and 94 • Rules under Order 39 also apply to other interlocutory orders, such as appointing a receiver or freezing bank accounts.
Order40	Section 94, Order 40 Rule 1 and Order 40 Rule 3 of CPC	Order 40 of the Civil Procedure Code (CPC), 1908, deals with the appointment of receivers in legal proceedings. A receiver is a neutral third party appointed by the court to manage, protect, and preserve disputed property during a pending case. Objective of Order 40: 1) To protect disputed property from misuse, destruction, or wrongful sale. 2) To ensure fair management of the property until the case is decided. 3) To prevent one party from gaining an unfair advantage over the other.	Order40Rule1	Appointment of Receiver The court may appoint a receiver if it considers it just and convenient. The receiver may be given powers to: 1. Manage the property. 2. Collect rents, profits, or income from the property. 3. Protect the property from being wasted or damaged. 4. Take legal action in the name of the owner.	A disputed factory is lying vacant. The court appoints a receiver to manage the factory and ensure that it remains operational.
			Order40Rule2	Remuneration of the Receiver • The court decides the salary or remuneration of the receiver. • The amount is usually paid from the income of the property.	A receiver managing a rented property may get his salary from the rent collected.
			Order40Rule3	Duties of Receiver A receiver must: 1. Protect and manage the property responsibly. 2. Submit regular reports to the court. 3. Not misuse or profit from the property.	A receiver managing a shop must keep records of sales and expenses and submit reports to the court.
			Order40Rule4	When a Receiver Can Be Removed A receiver may be removed or replaced if: 1. They misuse funds or property. 2. They do not follow the court’s directions. 3. They fail to perform their duties properly.	If a receiver sells property without court approval, they may be removed.
Order41	Section 97 and 100 of CPC	Order 41 of the Civil Procedure Code (CPC), 1908, deals with appeals from original decrees. It provides a legal remedy to a party who is dissatisfied with a trial court’s judgment. Objective of Order 41: • To ensure that justice is served by allowing a higher court to review a decision. • To correct legal or factual errors made by a lower court. • To give fair opportunity to a party if a decision is based on misinterpretation of law or evidence.	Order41Rule1	Order 41 of the Civil Procedure Code (CPC), 1908, deals with appeals from original decrees. It provides a legal remedy to a party who is dissatisfied with a trial court’s judgment. Objective of Order 41: • To ensure that justice is served by allowing a higher court to review a decision. • To correct legal or factual errors made by a lower court. • To give fair opportunity to a party if a decision is based on misinterpretation of law or evidence.	A land dispute case was decided against the plaintiff in a trial court. The plaintiff can file an appeal in the district court or high court with proper documents.
			Order41Rule2	Grounds of Objection Cannot Be Taken Without Being in the Memorandum of Appeal • The appellant cannot raise new objections in the appeal that were not included in the memorandum of appeal.	If a party did not challenge evidence during the trial, they cannot introduce new objections in the appeal.
			Order41Rule3	Rejection of Memorandum of Appeal • If the memorandum of appeal does not follow the required format or is incomplete, the court can reject it.	An appeal filed without necessary documents may be rejected by the court.
			Order41Rule4	Power of Appellate Court to Dismiss Appeal Without Sending Notice to Lower Court • If the appellate court finds that the appeal has no merit, it may dismiss it without sending notice to the lower court.	If a baseless appeal is filed just to delay execution of a decree, the appellate court can reject it immediately.
			Order41Rule5	Stay of Proceedings and Execution • The appellate court may stay (pause) execution of the decree if necessary to prevent injustice. • The appellant must prove that substantial loss will occur if execution is not stayed.	A court orders the sale of disputed property. The losing party appeals and requests a stay to stop the sale.
			Order41Rule9	Registry of Appeal • Once an appeal is admitted, it is registered in the court records and a notice is sent to the respondent (opposite party).	A defendant appeals a decision, and the court officially records the case and informs the plaintiff.
			Order41Rule10	Power to Transfer Appeal • The appellate court has the power to transfer the appeal to another competent court if required.	If a case is filed in the wrong appellate court, it can be transferred to the correct one.
			Order41Rule17	Dismissal of Appeal for Default • If the appellant does not appear in court, the appeal may be dismissed for default.	A party fails to attend hearings without valid reason, so the court dismisses the appeal.
			Order41Rule19	Rehearing of Appeal • If an appeal is dismissed for default, the appellant may apply for a rehearing, showing a valid reason for absence.	A lawyer misses a hearing due to medical emergency. The court may allow rehearing if a proper application is filed.
			Order41Rule21	Right to be Heard in Appeal • The respondent (opposite party) has the right to be heard before the court decides on the appeal.	If a trial court rejects a compensation claim, the claimant can appeal, and the opposite party must be given a chance to respond.
			Order41Rule27	Production of Additional Evidence • Generally, no new evidence can be introduced in appeal. • However, the appellate court may allow additional evidence if: 1. It was not available during trial. 2. It is necessary for justice.	New video footage emerges proving innocence. The appellate court may allow it.
Order42	Section 100, 101, 102 and 103 of CPC	Order 42 of the Civil Procedure Code (CPC), 1908, deals with appeals to the High Court. It mainly applies to second appeals under Section 100 CPC and follows the same procedure as Order 41 (Appeals from Original Decrees), with some modifications. Objective of Order 42: • To ensure that important legal issues are properly reviewed. • To correct serious legal errors made by lower courts. • To provide an efficient process for High Court appeals.	Order42Rule1	Procedure for Second Appeals • The procedure for second appeals in the High Court is similar to that of first appeals under Order 41. • However, a second appeal can be entertained only on a substantial question of law.	If a lower court wrongly applied a legal principle, the High Court can intervene in a second appeal. Case Law - Kondiba Dagadu Kadam v. Savitribai Sopan Gujar (1999) Fact: A second appeal was filed based on factual disputes. Judgment: The Supreme Court held that a second appeal is only allowed on legal questions, not factual disputes.
			Order42Rule2	Power of High Court to Decide the Case Finally • If the High Court believes that the case can be decided without sending it back to a lower court, it has the power to do so.	In a property dispute, if the High Court finds that the trial court’s interpretation of a law was incorrect, it can correct it without ordering a retrial. Case Law - Smt. Krishnawati v. Hans Raj (1974) Fact: A High Court refused to entertain a second appeal due to no substantial legal question. Judgment: The Supreme Court upheld the decision, reinforcing that second appeals must involve legal errors, not mere factual disputes.
Order43	Section 104	Order 43 of the Civil Procedure Code (CPC), 1908, provides a list of appealable orders. Unlike Order 41 (Appeals from Decrees), which deals with appeals against final judgments (decrees), Order 43 deals with interlocutory orders (intermediate orders passed during a case). Objective of Order 43 • Ensures that important interim orders can be challenged. • Prevents misuse of judicial power by lower courts. • Maintains justice and procedural fairness in pending cases.	Order43Rule1	Orders Appealable Under Section 104 CPC This rule lists 14 types of orders that can be appealed. Clause Appealable Order (a) Order rejecting a plaint (b) Order returning a plaint (c) Order granting or refusing an application for an interim injunction (d) Order setting aside or refusing to set aside a sale in execution (e) Order on an application under Order 21, Rule 58 (claim to attached property) (f) Order under Rule 9 of Order 22 (abatement of suit) (g) Order setting aside or refusing to set aside an abatement or dismissal for default (h) Order rejecting an application for leave to sue as an indigent person (i) Order under Rule 5 or 7 of Order 33 (permission to sue as an indigent person) (j) Order for costs under Rule 10 of Order 33 (k) Order refusing to set aside dismissal of a suit (l) Order granting or refusing to grant a review (m) Order determining questions under Section 144 CPC (restitution) (n) Order refusing to refer a case to arbitration	Relevant CPC Order (a) Order 7, Rule 11 (b) Order 7, Rule 10 (c) Order 39, Rules 1 & 2 (d) Order 21, Rules 89, 90, 91 (e) Order 21, Rule 58 (f) Order 22, Rule 9 (g) Order 9, Rules 9 & 13 (h) Order 33, Rule 1 (i) Order 33, Rule 5 & 7 (j) Order 33, Rule 10 (k) Order 9, Rule 9 (l) Order 47, Rule 1 (m) Section 144 CPC (n) Section 8 of the Arbitration and Conciliation Act, 1996
			Order43Rule1A	Right to Object Without Filing Appeal If a party does not file an appeal against an interlocutory order, they can still object to it in an appeal against the final decree.	Case Laws 1) A. Venkatasubbiah Naidu v. S. Chellappan (2000) Fact: A court rejected a temporary injunction application and the party appealed. Judgment: The Supreme Court held that such orders are appealable under Order 43, Rule 1(r). 2) Smt. Ganga Bai v. Vijay Kumar (1974) Fact: A party attempted to file an appeal against an order not covered under Order 43. Judgment: The Supreme Court ruled that only orders listed in Order 43 are appealable.
Order44	Section 107 and Order 33 of CPC	Order 44 of the Civil Procedure Code (CPC), 1908, provides the procedure for filing an appeal as an indigent person (pauper). It allows financially weaker individuals to appeal without paying court fees, ensuring equal access to justice. Objective of Order 44 • Ensures that poor litigants are not denied justice due to financial constraints. • Provides a fair opportunity to appeal even when a person cannot afford legal costs. • Prevents frivolous appeals by requiring the applicant to prove genuine indigency.	Order44Rule1	Right to Appeal as an Indigent Person • If a person was permitted to sue as an indigent person under Order 33, they can also appeal as an indigent person. • If the person was not allowed to sue as an indigent person earlier, they must prove their indigency at the appeal stage. • The appellate court examines whether the appellant is genuinely indigent before granting permission.	If a poor person was allowed to file a suit as an indigent person in the lower court, they can appeal without paying fees.
			Order44Rule2	Inquiry into Indigency • If the appellant was not declared indigent at the lower court stage, the appellate court conducts an inquiry. • The inquiry follows the same procedure as Order 33, which deals with indigent plaintiffs. • If the person is found not indigent, the appeal can proceed only if the required court fee is paid.	A person claims indigency while filing an appeal. The court examines their financial status before deciding. Case Laws 1) Union Bank of India v. Khader International Construction (2001) Fact: A person sought to file an appeal as an indigent person but failed to prove indigency. Judgment: The Supreme Court held that merely claiming indigency is not enough; it must be proved with evidence. 2) Ganga Bai v. Vijay Kumar (1974) Fact: The court rejected an appeal because the person did not apply for indigency status before filing the appeal. Judgment: The Supreme Court ruled that an indigency application must be made first, and only after approval can an appeal proceed without fees.
Order45	Article 132 & 133 of the Constitution, Section 109 and 112 of CPC	Order 45 of the Civil Procedure Code (CPC), 1908, provides the procedure for filing civil appeals to the Supreme Court of India. These appeals are generally against high court judgments in cases involving substantial legal questions. Objective of Order 45 • Ensures that important legal matters are reviewed at the highest judicial level. • Provides constitutional protection to litigants by allowing appeals on fundamental legal issues. • Prevents frivolous appeals by imposing strict conditions for Supreme Court appeals.	Order45Rule1	Who Can Appeal to the Supreme Court? A person can file an appeal to the Supreme Court if: 1. The High Court certifies that the case involves a substantial question of law (Article 133 of the Constitution). 2. The case satisfies the monetary threshold set by law (previously ₹20,000, but now irrelevant after 1972). 3. The case involves interpretation of the Constitution (Article 132).	If the High Court passes a judgment involving a significant constitutional interpretation, the Supreme Court can hear the appeal.
			Order45Rule2	Application for Leave to Appeal • The applicant must apply for leave to appeal before the High Court within 60 days of the judgment. • The High Court grants or rejects the application based on whether the case involves a substantial question of law.	If a High Court rejects an appeal saying it lacks substantial legal importance, the Supreme Court may refuse to hear it.
			Order45Rule3	Security for Costs and Deposit of Money • The appellant must deposit security money as required by the court. • If the appellant fails to deposit security, the appeal may be dismissed.	If a litigant appeals but does not deposit security money, the Supreme Court can reject the appeal.
			Order45Rule4	Admission of Appeal and Transmission of Record • If the High Court allows the appeal, it sends case records to the Supreme Court. • The Supreme Court then examines the case and decides whether to proceed.	A property dispute involving constitutional interpretation is sent to the Supreme Court after High Court certification.
			Order45Rule5	Stay of Proceedings • The High Court or Supreme Court can grant a stay on the execution of the decree until the appeal is decided.	If a person wins a monetary decree in the High Court, the Supreme Court can stay the execution until it hears the appeal.
			Order45Rule6	Power to Reject Appeal • The Supreme Court can dismiss an appeal if it finds no valid legal issue.	If a case is purely factual and lacks a substantial legal question, the Supreme Court can reject it at the admission stage.
Order46	Section 113 of CPC and Article 228 of the Constitution	Order 46 of the Civil Procedure Code (CPC), 1908, provides the procedure for referring a legal question from a lower court to the High Court when the subordinate court has doubt on a legal issue. This ensures uniformity in legal interpretations and prevents incorrect judgments. Objective of Order 46 • Helps subordinate courts seek guidance on complex legal issues. • Ensures consistency in the application of the law. • Prevents erroneous decisions due to a lack of clarity in legal principles.	Order46Rule1	When Can a Subordinate Court Make a Reference? A subordinate court may refer a question to the High Court when: 1. The case depends on a legal question that is doubtful. 2. The court is unable to proceed without resolving the legal issue. 3. The issue involves constitutional interpretation or conflicting case laws.	A civil judge is unsure about the interpretation of a tax law. Instead of making a wrong decision, they refer it to the High Court for clarification.
			Order46Rule2	Power of the High Court on Reference • The High Court can either answer the question or refuse to entertain it if unnecessary. • The High Court’s decision is binding on the referring court.	If a subordinate court asks whether a new law applies retroactively, the High Court will provide clarity, and the subordinate court must follow it.
			Order46Rule3	Judgment After Reference is Answered • Once the High Court gives its decision, the subordinate court must dispose of the case accordingly.	If a reference was frivolous, the High Court can impose costs on the party requesting it.
			Order46Rule4	Costs of Reference • The High Court may decide who should bear the costs of the reference (parties or government).	If a reference was frivolous, the High Court can impose costs on the party requesting it.
Order47	Section 114 of CPC and Article 137 of the Constitution	Order 47 of the Civil Procedure Code (CPC), 1908) provides the procedure for seeking a review of a judgment or order passed by a court. A review means reconsidering a case due to errors or new evidence without appealing to a higher court. Objective of Order 47 • Allows courts to correct mistakes in judgments. • Prevents unnecessary appeals by resolving issues within the same court. • Ensures justice when new facts or legal points arise after a judgment.	Order47Rule1	Grounds for Review A party can apply for a review if: 1. New evidence is found that was not available earlier. 2. There is an error on the face of the record (clear mistakes in judgment). 3. There is another sufficient reason for a review.	If a court dismissed a property dispute based on a missing document, and that document is later found, a review can be requested.
			Order47Rule2	Who Can Apply for a Review? • Only the party affected by the judgment can apply. • A third party cannot seek a review.	If A loses a case against B due to a clerical error in judgment, A can apply for a review, but C (a stranger) cannot.
			Order47Rule3	Rejection of Review Application • If the court finds that the review application lacks valid grounds, it can be rejected.	If a person applies for a review just because they are unhappy with the judgment, the court will reject it.
			Order47Rule4	Hearing of Review Application • The same judge who passed the original judgment must hear the review application, if available. • If the original judge is not available, another judge can hear it.	If Judge X passed an order, Judge X should ideally hear the review. But if Judge X is transferred, another judge can review it.
			Order47Rule5	Result of Review • If the court allows the review, it may: 1) Modify the judgment 2) Reverse the judgment 3) Confirm the judgment after re-examining it	If a court incorrectly calculates compensation in a land dispute and later corrects it through a review, the amount may increase or decrease.
Order48	Section 27 and 148 of CPC	Order 48 of the Civil Procedure Code (CPC), 1908) deals with miscellaneous provisions related to filing and serving of copies in civil proceedings. These provisions ensure that documents are submitted and communicated properly between the court and the parties involved. Objective of Order 48 • Ensures proper filing of documents in court. • Facilitates efficient communication between parties and the court. • Prevents delays and procedural errors in civil litigation.	Order48Rule1	Filing of Documents • When any document needs to be submitted in court, a copy must be filed as required by the rules. • This applies to pleadings, petitions, applications, and other documents.	If a party files a written statement, a copy must be given to the opposite party to ensure fairness.
			Order48Rule2	Endorsement of Copies • If any document is filed by a party, a copy must be endorsed (signed & verified) by the party or their advocate. • This ensures authenticity and prevents disputes over submissions.	If A files a reply to a plaint, A's lawyer must endorse (sign) it before submission.
			Order48Rule3	Service of Copy on the Opposite Party • Any document submitted in court must also be served to the opposite party. • This maintains transparency and fairness in proceedings.	If one party files an affidavit, they must provide a copy to the other party before the court proceeds further.
Order49	Section 120 and Article 225 of the Constitution	Order 49 of the Civil Procedure Code (CPC), 1908) applies specifically to Chartered High Courts in India. These are High Courts established under Royal Charters before independence, including: • Bombay High Court • Calcutta High Court • Madras High Court Order 49 modifies certain procedural rules of the CPC for these High Courts, as they follow their own special civil rules and procedures in some cases. Objective of Order 49 • Recognizes the special status of Chartered High Courts. • Provides exemptions from certain CPC rules. • Ensures that these courts function as per their established procedures.	Order49Rule1	Exemptions from CPC Provisions Chartered High Courts are not bound by certain CPC provisions related to: 1. Pleadings (Order 6) 2. Summons (Order 9) 3. Examination of parties (Order 10)	If a civil suit is filed in the Bombay High Court, the court may have different rules for issuing summons instead of following Order 9 of CPC.
			Order49Rule2	Application of Special Rules • Chartered High Courts can frame their own procedural rules for civil cases. • They do not need to follow general CPC provisions strictly.	The Calcutta High Court may have its own process for verifying affidavits, which may differ from the CPC process.
			Order49Rule3	Powers of Chartered High Courts • These High Courts can modify CPC provisions through their own rules and notifications. • However, such modifications must align with justice and fairness.	The Madras High Court can issue a notification changing certain procedural requirements for civil suits.
Order50	Section 32, 96(4) of CPC and Provincial Small Cause Courts Act, 1887	Order 50 of the Civil Procedure Code (CPC), 1908) applies to Provincial Small Cause Courts. These courts handle small-value civil disputes quickly and with minimal procedural complexity. The purpose of Order 50 is to exempt Small Cause Courts from following certain CPC provisions that are generally applicable to regular civil courts. Objective of Order 50 • Ensures speedy disposal of small civil cases. • Reduces procedural delays for minor disputes. • Allows Small Cause Courts to function efficiently with fewer formalities.	Order50Rule1	Exemption from CPC Provisions • Provincial Small Cause Courts do not need to follow the following Orders of CPC: 1. Order 2 (Frame of Suit) 2. Order 10 (Examination of Parties) 3. Order 16 (Summoning & Attendance of Witnesses) 4. Order 17 (Adjournments) 5. Order 20 (Judgment & Decree) 6. Order 22 (Death of Parties & Substitution)	If a small loan recovery case is filed in a Provincial Small Cause Court, the court does not need to conduct a detailed examination of parties (Order 10), allowing faster resolution.

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