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? When multiple people have been affected by the same act or event, and the legal or factual questions in their cases are similar, they can file one case together as plaintiffs.	A group of 5 tenants in a building sues the landlord for not providing water. Since their complaint arises from the same issue (lack of water) and legal question (breach of contract), they can file one case together instead of filing 5 separate suits.
			Order1Rule2	Power of Court to order separate trial If the court feels that having multiple plaintiffs in one case will cause confusion, delay, or make things complicated, it can either: ask them to choose whether to continue together or separately, or it can order separate trials.	Suppose A, B, and C sue D together, but their issues are very different even though they are against the same person. If the court thinks this will slow down the case or create confusion, it can order that A, B, and C’s cases be heard separately.
			Order1Rule3	Who may be joined as Defendants? When someone wants to sue multiple people because of the same act or event, and the legal or factual issues are common for all, they can be made defendants in a single case.	A customer sues a company and its two delivery agents for damage caused during one delivery. Since the event (the damaged goods) and legal questions are the same, all three can be sued together in one case.
			Order1Rule3A	Power to order separate trials where joinder of defendants may embarrass or delay trial If suing multiple defendants together is likely to cause delay or confusion, the court can order separate trials or take any other suitable step to ensure a fair and speedy trial.	A sues B and C for separate frauds in the same business deal. If the court feels that combining both claims will complicate or slow the case, it can order A’s claims against B and C to be heard in separate trials.
			Order1Rule4	Court may give judgment for or against one or more of joint parties • The court can give judgment in favor of some plaintiffs and against others, or against some defendants and not others, depending on who is actually entitled or liable — without needing to change (amend) the original suit.	A and B sue X and Y together. The court finds only A deserves relief, and only X is responsible. The court can pass judgment in A’s favor against X, and dismiss the case against Y and B — without changing the original pleadings.
			Order1Rule5	Defendant Need Not be Interested in All Reliefs • A person can be made a defendant even if they are not connected to every part of the claim. It is not necessary that every defendant must have a role in all the reliefs asked for in the case.	A sues B for unpaid rent and C for damage to property. Even though C has nothing to do with the rent issue, he can still be made a defendant for the damage part. Both claims can go on together.
			Order1Rule6	Joinder of parties liable on same contract • If multiple people are responsible under the same contract (whether together or separately), the plaintiff can choose to sue all or just some of them in one case.	A lends money to B and C through a promissory note. A can sue just B, just C, or both together in one case, since they are both liable under the same contract.
			Order1Rule7	When plaintiff is in doubt from whom redress is to be sought • If the plaintiff is uncertain about who is legally responsible, he can sue multiple people together so that the court can decide who is actually liable.	A's goods are damaged in transit, but he doesn’t know if the transporter or the warehouse is at fault. He can sue both, and the court will decide who is responsible.
			Order1Rule8	Representative Suit (Class Action Suit) •If many people have the same legal interest, one or a few of them can sue or defend the case on behalf of the entire group, with the court’s permission. Court must notify others about the suit. The final judgment will bind everyone in the group.	500 flat owners sue a builder for poor construction. Instead of each filing a separate case, 5 of them file a suit on behalf of all with the court’s permission. The court's decision will apply to all 500. Landmark Case: DDA v. Joginder S. Monga (2004) – The Supreme Court ruled that housing society members can file a representative suit against a builder.
			Order1Rule8A	Power of Court to allow a person or body to give opinion in public interest If the case involves a serious legal question affecting public interest, the court can allow a person or organization (like an NGO or expert body) to present their opinion and participate in the proceedings, to help the court reach a better decision.	In a case about environmental damage, the court allows an environmental NGO to submit its expert opinion on pollution laws, even though it is not a party in the case.
			Order1Rule9	Misjoinder and non-joinder of parties • A case won’t be dismissed just because someone was wrongly added or missed, as long as the court can decide the case among the people who are present. But if a necessary party (whose presence is essential) is missing, this rule won’t apply.	A sues B and wrongly adds C, or forgets to add D (a minor party). The case can still go on between A and B. But if A forgets to add X (co-owner of the property), and X is a necessary party, the case may be affected.
			Order1Rule10	Correction of parties in a suit • If the wrong person is made plaintiff by genuine mistake, the court can correct it. The court can also remove or add any party (plaintiff or defendant) at any stage to help resolve the real dispute. If a new defendant is added, the plaint must be amended and served on them.	A files a suit in his own name, but the court finds the property is actually in B’s name (his brother). The court can replace A with B. If C should also be sued but was missed, he can be added later and served properly.
			Order1Rule10A	Power of Court to request any pleader to address it • If someone’s interest may be affected by the court’s decision but they don’t have a lawyer, the court can ask a pleader to speak on their behalf.	n a property dispute, a co-owner is not represented. The court may request a lawyer already present to explain how the decision might affect that co-owner’s rights.
			Order1Rule11	Conduct of suit • The court can allow one or more parties to manage the case on behalf of others.	In a suit with 4 plaintiffs, the court permits only 2 to conduct the case for all.
			Order1Rule12	One plaintiff or defendant may appear for others • One or more plaintiffs or defendants can authorize another from their side to appear, act, or plead for them in the case — but this must be in writing and filed in court.	A, B, and C are co-defendants. B and C give written authority to A to represent them in court, so only A needs to appear and argue.
			Order1Rule13	Objections to Misjoinder or Non-Joinder Must be Raised at the Earliest • Any objection about wrongly added or missing parties must be raised as early as possible, ideally before issues are settled — or else the objection is treated as waived.	In a property case, B doesn’t object early that C (a necessary co-owner) wasn’t added. If B raises it later in the trial, the court may ignore it since he waived his right by not raising it earlier.
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.	• 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. 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.
			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	Only certain claims can be joined with suit for recovery of immovable property • In a property recovery suit, only related claims (like rent, mesne profits, damages, or same cause of action) can be added — unless the court allows more.	A sues to get back his land and also adds claims for unpaid rent and damage to the property. These can be joined since they are directly connected to the land.
			Order2Rule5	Claims by or against executor, administrator, or heir • A person can’t mix personal claims with claims made as an executor, administrator, or heir, unless both are related to the same estate or jointly involve the deceased.	A sues B (the heir of X) to recover money owed by X. B can also be sued personally only if the personal liability is related to X’s estate or a joint obligation with X.
			Order2Rule6	Power of Court to order separate trials • If combining different claims in one suit may cause confusion or delay, the court can order separate trials.	A sues B for unpaid rent and also for defamation. Since these are unrelated, the court may separate the two claims into different trials to avoid confusion.
			Order2Rule7	Objections as to misjoinder of causes of action If someone wants to object that unrelated claims are wrongly joined in one case, they must raise it early, or it will be treated as waived.	In a suit where A sues B for both unpaid rent and a loan, B must raise a misjoinder objection at the start. If he stays silent and waits, he loses the right to object later.
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 may be in person, by agent, or pleader • A party can appear or act in court personally, through a recognized agent, or via a pleader, unless the law or court says otherwise.	A is out of town, so he appoints a lawyer to appear in court on his behalf. The court allows it, but may ask A to appear personally if needed.
			Order3Rule2	Recognized Agents Recognised agents include those with a power of attorney or those managing business on behalf of non-resident parties within court limits.	A businessman from Delhi appoints his manager in Mumbai through a power of attorney to appear in court for a case related to his Mumbai office. The manager is a recognized agent.
			Order3Rule3	Service of process on recognised agent • Serving legal documents on a recognized agent is legally the same as serving the party directly, unless the court says otherwise.	A has a power of attorney holder B who is his recognized agent. If the court sends the summons to B, it's considered as properly served on A.
			Order3Rule4	Appointment of pleader • A pleader can appear in court only if appointed in writing, and the appointment remains valid unless formally ended or all court proceedings are over.	A appoints Advocate X through a written document. X can act in court for A until the case is over, A or X withdraws, or either of them dies. Even review petitions or appeals are included in “proceedings.”
			Order3Rule5	Service of process on pleader • If a party has appointed a pleader, any court notice served on the pleader is treated as if it was served directly on the party.	A has appointed Advocate B. The court sends a summons to B’s office — it's considered legally served on A as well.
			Order3Rule6	Agent to accept service •A party can appoint someone within court’s jurisdiction to accept legal documents on their behalf, through a written and filed appointment.	A non-local defendant appoints a friend living near the court as his agent to receive summons. He signs and files a written document with the court to make it official.
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	Suit to be commenced by plaint • A civil case must start with a plaint filed in duplicate and must follow the format and content rules in Order VI and VII. Otherwise, it won't be considered properly filed.	A files a property dispute and submits only one copy of the plaint. The court rejects it until two copies are filed and proper details (as per Order VI & VII) are included.
			Order4Rule2	Register of suits • Every suit admitted by the court must be entered in a register of civil suits, in the order received, with a new number assigned each year.	A files a suit in January and B files another in February. The court enters them as Suit No. 1/2025 and Suit No. 2/2025 in the civil register.
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	Summons to defendant • After a suit is filed, the court issues a summons asking the defendant to appear and file a written statement within 30 days (extendable up to 120 days with court’s permission). If not filed within 120 days, the right is forfeited.	A is sued by B. A gets a summons on 1st August. He must file his written defence by 30th August. With valid reasons and court permission, he can file it until 29th November, but not after that.
			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	Court may order personal appearance • The court can ask the defendant or plaintiff to appear personally in court if it finds it necessary for the case.	In a fraud case, the judge wants to directly question both A (plaintiff) and B (defendant), so orders them to appear in person on the next hearing date.
			Order5Rule4	Limits on ordering personal appearance • A person cannot be forced to appear in person unless they live within the court’s area or within 50 miles (or 200 miles with good transport) from the court.	A defendant living 300 miles away with no proper transport can’t be ordered to appear personally. But one living 180 miles away with train access can be asked to appear.
			Order5Rule5	Summons to settle issues or dispose of suit • When issuing a summons, the court must mention whether it is for settling issues or for final disposal of the suit. Small Causes Court always issues it for final disposal.	In a regular civil case, the court issues summons for settling issues. But in a rent recovery case before a Small Causes Court, summons is issued directly for final hearing.
			Order5Rule6	Fixing a date for defendant’s appearance • The court must choose a date for the defendant’s appearance that gives enough time for summons delivery and for the defendant to prepare and attend.	A defendant lives far from the court. The court fixes the appearance date 30 days later, considering the time needed to serve summons and travel.
			Order5Rule7	Summons to order defendant to produce documents • The summons must direct the defendant to bring all supporting documents or copies that he plans to rely on in his defence.	A is sued for breach of contract. When he receives the summons, it also asks him to produce any documents he plans to use to defend himself, like email exchanges or agreements.
			Order5Rule8	Defendant to bring witnesses if summons is for final disposal • If the summons is for final hearing, the defendant must also be directed to bring all supporting witnesses on the same day.	In a Small Causes Court case for unpaid rent, the summons tells the defendant not only to appear but also to bring his witnesses on the hearing date.
			Order5Rule9	Delivery of summons by court • The court can serve summons through an officer, approved courier, post, email, or other digital means. If the defendant refuses to accept it, it will still be treated as valid service.	A summons is sent to the defendant by speed post and email. The postman notes that the defendant refused to accept it. The court declares that summons is duly served.
			Order5Rule9A	Plaintiff may serve summons The plaintiff can be allowed to personally serve summons on the defendant, but if service fails, the court will take over and re-issue it.	A files a case and requests the court to allow him to serve the summons directly. He goes to serve B, but B refuses to accept it. A applies again, and now the court arranges official service.
			Order5Rule10	Mode of service • Summons must be served by giving or offering a signed and sealed copy issued by the judge or a court officer.	The court issues a summons for A to serve on B. A serving officer hands B a copy that's signed and sealed by the court, completing valid service.
			Order5Rule11	Service on multiple defendants • If there are multiple defendants, a separate summons must be served on each one individually.	A sues B, C, and D. The court sends out three separate summonses — one each for B, C, and D.
			Order5Rule12	Service on defendant in person or agent • Summons should be served personally on the defendant, if possible. If the defendant has an authorized agent, service on the agent is enough.	A summons is served directly on B at his home. But if B has a registered legal agent, service to that agent also counts.
			Order5Rule13	Service on local business agent • If the defendant lives outside the court’s area, but runs a business locally, summons can be served on their local agent or manager, which counts as valid service.	A Delhi-based company is sued in Mumbai. The court serves summons on the company’s Mumbai branch manager. That is considered proper service under this rule.
			Order5Rule14	Service on agent in property suits • In property-related cases, if the defendant can’t be found and has no authorized agent, the summons can be served on any agent managing the property.	A files a case for trespass on land owned by B. B isn’t traceable, but the caretaker of the land is served the summons. This is valid under this rule.
			Order5Rule15	Service on adult family member • If the defendant is not at home and can't be reached soon, and has no agent, the summons can be served on an adult family member living with him. Servants are not included.	A is not home and cannot be found soon. The court server gives the summons to his wife, who lives with him. This is valid service under the rule.
			Order5Rule16	Signature for acknowledgment of service • When summons is delivered, the serving officer must ask the recipient (defendant or agent) to sign an acknowledgment on the original summons.	A process server hands B the summons. B signs on the original as acknowledgment. This serves as proof of delivery.
			Order5Rule17	If defendant refuses or cannot be found, summon to be affixed on door If the defendant or his agent refuses to accept or can’t be found despite efforts, the summons must be pasted on a visible part of his house, and a report must be filed.	B avoids the process server and hides. The server pastes the summons on B’s front door and files a report with witness details. This is valid substituted service.
			Order5Rule18	Officer must record service details • The process server must write on the summons the time, method of service, and witness details, if any, when delivering it under Rule 16.	A court server delivers summons to B and has a neighbor witness it. He writes the time, method of service, and witness name on the original summons and returns it to the court.
			Order5Rule19	Court may verify affixation service by examining server • If summons was pasted on the door (Rule 17), the court can examine the process server under oath to confirm whether service was proper and decide if it was duly served or not.	B avoids service, and the server pastes the summons on his door. The court may call the server to verify his report and then declare the summons duly served.
			Order5Rule20	Substituted service (e.g., newspaper) If the defendant is hiding to avoid summons or can’t be served normally, the court may allow alternate methods like publishing in a local newspaper or affixing at the court and defendant’s last known house.	A is avoiding court summons. The court orders service by pasting it at the court gate and publishing in a local newspaper. This counts as valid service.
			Order5Rule21	Service in another court's jurisdiction • If the defendant lives under another court's area, the court can send the summons to that local court through post, approved courier, email, or fax for service.	A Delhi court issues a summons, but B lives in Lucknow. The Delhi court sends the summons to the Lucknow court via courier or email for proper service.
			Order5Rule22	Summons served inside presidency towns • If a court outside Calcutta, Madras, or Bombay issues a summons to be served within those cities, it must be sent to the Court of Small Causes having jurisdiction there.	A court in Patna wants to serve summons to someone in Chennai. It must send the summons to the Chennai Small Causes Court for service.
			Order5Rule23	Receiving court must act as if it issued the summons • The court receiving the summons (under Rule 21 or 22) must treat it like its own, serve it properly, and then send it back with details of what it did.	A Delhi court sends a summons to Mumbai. The Mumbai Small Causes Court serves it and sends back the report to Delhi.
			Order5Rule24	Service on a defendant in prison • If the defendant is in prison, the summons must be sent to the prison officer, who will serve it on the defendant.	A court summons is issued to X, who is in Tihar Jail. The summons is sent to the jail officer for delivery to X.
			Order5Rule25	Service on defendant outside India (no agent in India) • If the defendant lives outside India and has no agent here, the summons must be sent to their foreign address by post, courier, email, etc., if postal services are available.	X lives in the UK and has no agent in India. The court sends the summons to his UK address via speed post or email.
			Order5Rule26	Service in foreign country through Political Agent or Court • If allowed by the Central Government, a summons may be sent to a Political Agent or foreign Court to serve a defendant living abroad. Their confirmation of service is treated as valid evidence.	A defendant lives in a Gulf country. The Indian court sends the summons to a designated Indian Political Agent in that country, who serves it and confirms the same — which is treated as proof of service.
			Order5Rule26A	Sending summons to foreign officers If the Indian Government allows it, summons can be sent to a foreign officer (named by that foreign government) through India’s Foreign Affairs Ministry. Their confirmation of service is valid evidence.	A court in India sends a summons to a defendant in Germany via a German government officer (designated under a treaty). Once the officer confirms service, it is accepted as proof.
			Order5Rule27	Service on civil public officer or railway/local authority employee • If the defendant is a government officer, or works for a railway company or local authority, the court can send the summons to the head of their office for easier delivery.	If a defendant works for a municipality, the court may send the summons to the Municipal Commissioner (his boss) to serve it efficiently.
			Order5Rule28	Service on Soldiers, Sailors, or Airmen • If the defendant is in the military, navy, or air force, the court must send the summons to their commanding officer, along with a copy for the defendant.	If the defendant is in the Indian Army, the summons will be sent to his unit commander to deliver it.
			Order5Rule29	Duty of Person to Whom Summons is Sent • The person (like a commanding officer or agent) who receives a summons for service must try to serve it and return it with proof of delivery. If service isn’t possible, they must explain why and what steps they took.	If a court sends a summons to an army unit to serve a soldier, the commanding officer must either serve and return it signed, or return it with reasons if not possible.
			Order5Rule30	Substitution of Letter for Summons If the defendant is of high rank, the Court may send a respectful letter instead of a summons. This letter will serve the same legal purpose as a summons.	A High Court sends a formal letter instead of a summons to a retired Chief Justice, respecting his status, containing the same legal directions as a summons.
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	Pleading to State Material Facts, Not Evidence • A pleading must include only the key facts (not evidence) that support a party’s case, written clearly in paragraphs with figures stated both in words and numbers.	In a money recovery suit, the plaintiff pleads: “The defendant borrowed ₹1,00,000 (Rupees One Lakh) from me on 1st January 2024,” but does not attach the promissory note as evidence in the pleading.
			Order6Rule3	Forms of pleadings • Pleadings should follow the sample formats in Appendix A of the CPC. If not applicable, a similar format should be used.	In a money suit, the plaint should follow the form given in Appendix A (Form No. 1) or be drafted in a similar style if the exact form doesn't apply.
			Order6Rule3A	Forms of Pleading in Commercial Courts In commercial cases, pleadings must follow the specific formats given under High Court Rules or Practice Directions for such disputes.	In a contract dispute filed in a Commercial Court, the plaint must follow the structured form as prescribed by the relevant High Court for commercial matters.
			Order6Rule4	Particulars to be given in pleadings • When a party alleges fraud, misrepresentation, breach of trust, or similar claims, they must clearly mention all details like dates and specific facts in the pleading.	If a plaintiff claims that a contract was signed under undue influence, they must explain when and how the undue influence happened, with dates and facts.
			Order6Rule6	Condition precedent • If a party wants to challenge a required condition before the case (like notice or approval), they must clearly mention it in their pleading. Otherwise, the court assumes that all required conditions were met.	If a lease required a 30-day notice before eviction and the tenant wants to argue that no notice was given, they must clearly state this in their written defense.
			Order6Rule7	Departure • A party cannot change their claim or bring in new, contradictory facts later, unless the court allows an amendment.	If a plaintiff first claims that the contract was written, they can't later say it was only oral unless they amend the earlier pleading.
			Order6Rule8	Denial of contract • If someone denies a contract in court, it's treated only as denial of the facts, not of the legal validity of the contract—unless they clearly mention legal objections.	If a defendant simply denies signing a loan agreement, it's taken as denying the signing, not claiming the contract is illegal unless they say so.
			Order6Rule9	Effect of Document to be Stated • If a document is important in a case, you can briefly mention its effect in your pleading instead of quoting the whole document—unless exact wording is important.	If a plaintiff relies on a contract, they can say “the contract allowed termination for non-payment” instead of reproducing the entire contract.
			Order6Rule10	Malice, Knowledge, etc. • If a party needs to allege malice, fraud, or knowledge, they can simply state it as a fact—they don’t need to explain all the reasons or proof in the pleading.	A plaintiff can say “the defendant acted with fraud” without explaining the whole story in the pleading.
			Order6Rule11	Notice • When notice of a fact is important in a case, it's enough to say that notice was given—unless the exact words or details of the notice are important to the case.	You can say “Defendant was given notice” without quoting the full notice, unless its wording matters.
			Order6Rule12	Implied Contract or Relation • If a contract or relationship is implied from letters, talks, or other facts, you can state it simply without detailing everything—just refer to the communications or circumstances.	“There existed a contract between the parties, as implied from their emails,” is enough—you don’t need to list each email in the pleading.
			Order6Rule13	Presumptions of Law • You don’t have to state facts in pleadings that the law already presumes in your favor—unless the other side specifically denies them.	You don’t need to mention that a bill of exchange has consideration unless the defendant denies it.
			Order6Rule14	Pleading to be Signed • Every pleading must be signed by the party and their lawyer (if any), or by someone authorized if the party is unable to sign.	If the plaintiff is out of town, their authorized representative can sign the plaint.
			Order6Rule14A	Address for Service of Notice Every party must provide a registered address for court notices, and if the address is false or incomplete, the case can be stayed or defence struck off.	If a plaintiff gives a fake address, the court may pause the case until the correct address is given.
			Order6Rule15	Verification of pleadings • The person filing a pleading must verify it by stating what they know personally and what they believe to be true, and must also give an affidavit.	If a plaintiff files a plaint, they must say which parts they know themselves and which are based on trusted information.
			Order6Rule15A	Verification in Commercial Disputes In commercial cases, every pleading must be verified with a special affidavit called a "Statement of Truth". If it's not properly verified, the court may reject it and the party can't rely on it as evidence.	In a business contract dispute, the company must file a “Statement of Truth” along with the plaint. If it doesn’t, the court may ignore their pleading.
			Order6Rule16	Striking out pleadings • The court can remove any part of a pleading if it's irrelevant, abusive, offensive, causes delay, or misuses court process.	If a defendant includes insulting language or irrelevant personal attacks in the written statement, the court may strike those parts out.
			Order6Rule17	Amendment of pleadings •The court can allow changes to the pleadings at any stage to help decide the real issues in dispute. But after the trial starts, changes are allowed only if the party could not have raised the issue earlier even with proper effort.	If a plaintiff later finds a key fact that was missed despite due diligence, they may be allowed to amend the plaint, even after the trial has started.
			Order6Rule18	Failure to Amend after Order • If a party is allowed by the court to amend their pleadings but fails to do it within the given time (or within 14 days if no time is set), they cannot make the amendment later unless the court extends the time.	If a court allows a defendant to correct his written statement but he does not do it within 14 days, he will lose the chance to amend unless he requests more time and the court agrees.
Order7	Section 26, 27, 29, 30 & 151 of CPC	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 to be Contained in Plaint • A plaint must include key details like: (a) the name of the court, (b) names and addresses of both parties, (c) statement if any party is a minor or mentally unfit, (d) facts of the case and when it happened, (e) how the court has jurisdiction, (f) the relief claimed, (g) any part of the claim given up, and (h) the value of the claim for court fees and jurisdiction.	In a money recovery case, the plaintiff must mention the amount due, how and when it became due, both parties’ details, and which court has the authority to hear the matter.
			Order7Rule2	In Money Suits • If the suit is for money recovery, the exact amount must be mentioned.	If a plaintiff is claiming ₹2,00,000 from a loan, that exact amount should be mentioned. But if he is suing for profits from a rented shop or for items whose value is unknown, he should give an estimated value like “approximately ₹50,000.”
			Order7Rule2A	Where Interest is Sought in the Suit If the plaintiff wants to claim interest, they must clearly mention it in the plaint. The plaint should also explain: (1) whether the claim is under a commercial transaction, law, or contract (and name it); (2) the rate of interest; (3) the time period; and (4) the total interest till date and daily rate after that.	If a plaintiff claims 12% annual interest on unpaid invoices from 01-01-2024 to 01-08-2025, they must specify the start date, end date, total amount of interest (e.g., ₹18,000), and daily interest after 01-08-2025 (e.g., ₹60 per day).
			Order7Rule3	Where subject matter is immovable property • If the suit involves land or property, a proper description (boundaries, location) must be given.	A land dispute plaint must mention Khasra number, area, and boundary details like north: road, south: neighbour’s land, etc.
			Order7Rule4	When plaintiff sues as a representative • If the plaintiff is suing as a representative (e.g., on behalf of a trust or group), the plaint must show his interest and the required legal steps taken.	A trustee filing a suit must mention his role and that he has authority under the trust deed to sue.
			Order7Rule5	Defendant’s Interest & Liability • The plaint must show how the defendant is involved in or responsible for the matter in dispute.	Plaintiff must state how the defendant is liable for the unpaid debt or wrong caused.
			Order7Rule6	Grounds of Exemption from Limitation • If a suit is filed after the limitation period, the plaint must clearly mention the reason for delay. The Court may allow new grounds if they don’t contradict the original ones.	Plaintiff claims late filing due to illness and may later add a postal delay reason if it aligns.
			Order7Rule7	Relief to be Specifically Stated • The plaintiff must clearly state what relief is sought (e.g., compensation, injunction, recovery).	Plaintiff may ask for recovery of ₹1 lakh or, alternatively, compensation in kind.
			Order7Rule8	Relief for multiple claims • If the plaintiff seeks multiple reliefs (e.g., damages + injunction), all must be stated separately.	If a plaintiff sues for unpaid salary and also for damages due to wrongful termination, both should be detailed under separate headings.
			Order7Rule9	Procedure on Admitting Plaint • Once the court admits the plaint and orders summons to be served, the plaintiff must submit plain paper copies of the plaint (equal to the number of defendants) and pay the required fee within 7 days.	If there are 3 defendants, the plaintiff must file 3 plain paper copies of the plaint with the court and pay the service fee within 7 days.
			Order7Rule10	Return of plaint • If a suit is filed in the wrong court, the plaint can be returned at any stage to be filed in the correct court. The judge must record the date, party name, and reason for return on the plaint.	If a property dispute is filed in a court without jurisdiction, the court can return the plaint for presentation in the proper jurisdictional court.
			Order7Rule10A	Power of Court to Fix Date of Appearance in New Court • If a plaint is being returned after the defendant has appeared, the court can fix a date for both parties to appear in the new court, avoiding the need for fresh summons.	A suit is transferred from Court A to Court B due to lack of jurisdiction; Court A fixes a date for appearance in Court B and notifies both parties.
			Order7Rule10B	Appellate Court's Power to Transfer Suit If an appellate court confirms return of a plaint, it may direct the plaintiff to file it in the correct court and fix a date for both parties to appear there—no fresh summons needed unless that court decides otherwise.	The High Court returns a plaint but allows it to be filed in Court X directly and sets a date for parties to appear, saving time and procedure.
			Order7Rule11	Rejection of plaint • A plaint can be rejected if it lacks cause of action, is undervalued or insufficiently stamped and not corrected in time, is barred by law, not in duplicate, or Rule 9 is violated.	A suit filed with no legal claim or with wrong stamp duty that isn’t corrected will be rejected by the court.
			Order7Rule12	Procedure on Rejection of Plaint • The judge must record reasons in writing while rejecting a plaint.	If the court rejects a plaint due to lack of cause of action, it must explain this in its order.
			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 plaint is rejected due to insufficient stamp duty, the plaintiff may refile it correctly stamped.
			Order7Rule14	Production of documents with plaint • The plaintiff must attach all supporting documents (agreements, receipts, etc.). If not filed, such documents can't be used later without Court's permission.	If a plaintiff files a suit for property ownership, they must attach the property deed, sale agreement, or any other relevant document.
			Order7Rule15	Omitted
			Order7Rule16	Suits on lost negotiable instruments • If a negotiable instrument is lost, the plaintiff can still sue by providing a copy and giving indemnity to protect others’ claims.	If a lost promissory note is the basis of the suit, the Court may still pass a decree if indemnity is given.
			Order7Rule17	Production of shop-book • If the plaintiff relies on an entry in a shop-book or account, he must file the original book and a copy of the entry with the plaint. The Court checks and returns the book after certifying the copy.	If a shopkeeper sues for dues based on his ledger, he must submit the ledger and a copy of the relevant entry.
			Order7Rule18	Omitted
Order8	Section 9, 10, 11, 12 & 151 of CPC	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	Written statement • The defendant must file a written statement within 30 days of summons; this may be extended up to 120 days with reasons and costs. Beyond 120 days, the right to file is forfeited.	If a defendant receives summons on 1st June, they must submit their defense by 29th September at the latest.
			Order8Rule1A	Duty of Defendant to Produce Documents • The defendant must list and produce all documents they rely on with the written statement. If a document is not in their possession, they must state who holds it. Documents not submitted without the Court's permission can't be used later.	If a defendant relies on a rent agreement, they must attach it when submitting their defense. If the landlord holds it, they must inform the Court.
			Order8Rule2	New Facts Must Be Specially Pleaded • The defendant must clearly mention any legal defenses like fraud, limitation, or illegality that can make the suit invalid or surprise the plaintiff.	If the defendant claims the debt is already paid or time-barred, they must mention it in their written statement.
			Order8Rule3	Denial of allegations must be specific • The defendant must specifically deny each allegation; general denials are not accepted.	If the plaintiff says ₹1,00,000 was borrowed, the defendant must clearly deny borrowing or mention a different amount, not just say “I deny all allegations.”
			Order8Rule3A	Specific Denial in Commercial Suits In commercial cases, the defendant must clearly state which facts he denies, admits, or wants the plaintiff to prove, and must give reasons for denial, alternative facts, and objections to jurisdiction or valuation.	If the plaintiff claims ₹5 lakhs, the defendant must not only deny it but also explain why and suggest an accurate value or version of the event.
			Order8Rule4	Evasive denial • The defendant must respond clearly and directly to each fact; vague or partial denials are not enough.	If accused of receiving ₹10,000, the defendant must deny receiving the full or any part of it, or state the actual amount received.
			Order8Rule5	Specific Denial • If the defendant does not deny a fact, the court may assume it is admitted. unless the court decides proof is still needed. If no written statement is filed, the court may decide based on the plaint alone.	If the plaintiff claims the defendant borrowed ₹50,000 and the defendant doesn't deny it clearly, the court may assume it's true.
			Order8Rule6	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.	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.
			Order8Rule6A	Counter-claim A defendant can file a counter-claim for any cause of action against the plaintiff (even if it arose after the suit was filed but before filing his defence), and it will be treated like a separate suit within the same case.	If a plaintiff sues for breach of contract, the defendant can counter-claim damages for delay caused by the plaintiff in the same suit.
			Order8Rule6B	Counter-claim to be stated The defendant must clearly mention in the written statement that he is making a counter-claim.	The defendant writes: "I raise a counter-claim for ₹50,000 against the plaintiff for breach of service terms."
			Order8Rule6C	Exclusion of counter-claim If the plaintiff believes the counter-claim should be decided separately in another suit, they can request the Court (before issues are framed) to exclude it. The Court will decide whether to allow it or not.	The plaintiff applies: "The defendant’s counter-claim involves a separate contract and should be handled in a new suit, not in this case."
			Order8Rule6D	Effect of discontinuance of suit If the plaintiff’s suit is stayed, discontinued, or dismissed, the defendant’s counter-claim can still continue independently.	If the plaintiff withdraws their suit midway, the defendant’s counter-claim for damages can still proceed to judgment.
			Order8Rule6E	Default of plaintiff to reply to counter-claim If the plaintiff fails to reply to the counter-claim, the Court may pass judgment against the plaintiff on the counter-claim or make any other appropriate order.	If the defendant claims ₹1 lakh as counter-claim and the plaintiff doesn’t reply, the Court may allow that claim.
			Order8Rule6F	Relief to defendant where counter-claim succeeds If a set-off or counter-claim is established and a balance is found due, the Court may pass judgment in favor of the party entitled to that balance.	If the plaintiff sues for ₹1 lakh, but the defendant proves a counter-claim of ₹70,000, the Court may award the net ₹30,000 to the plaintiff.
			Order8Rule6G	Rules relating to written statement to apply The rules applicable to a defendant’s written statement also apply to a written statement filed in response to a counter-claim.	If the defendant files a counter-claim, the plaintiff’s written reply must follow the same format and rules as a regular written statement.
			Order8Rule7	Defence or set-off founded upon separate grounds • If the defendant has multiple, different reasons for their defence, set-off, or counter-claim, each must be clearly stated separately.	If a defendant claims both "no contract existed" and "payment was already made," each ground should be written in a separate paragraph.
			Order8Rule8	New ground of defence • If a new reason or ground for defence arises after the case has started or after the written statement is filed, the defendant or plaintiff can still raise it in their statement.	If a debt is time-barred after the suit is filed, the defendant can include this new fact in a later written statement.
			Order8Rule9	Subsequent pleadings • If required, the defendant can file an additional written statement with court permission.	If the plaintiff wants to reply to something in the written statement, they must seek permission from the Court to file a rejoinder.
			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 defendant doesn’t file a written statement even after the allowed time (maximum 120 days in commercial suits), the Court can decide the case based only on the plaintiff’s claim.
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 day fixed in summons • On the date mentioned in the summons for the defendant to appear and respond, both parties must attend court either in person or through their lawyers. The suit will be heard that day unless the Court postpones it.	If the summons says the defendant must appear on 10th August, both parties must be present in court that day unless the Court reschedules.
			Order9Rule2	Dismissal if summons is not served due to the plaintiff’s fault • If the plaintiff fails to pay required court fees, postal charges, or submit copies of the plaint (as required under Order VII Rule 9), and summons cannot be served because of that, the Court may dismiss the suit. However, if the defendant still appears on the fixed date, the suit will not be dismissed.	If A files a suit against B but does not ensure summons is served properly, the suit may be dismissed under Rule 2.
			Order9Rule3	Dismissal if neither party appears • If both plaintiff and defendant do not appear, the suit is dismissed.	Suppose both parties fail to attend the hearing on the scheduled date, the Court may dismiss the case.
			Order9Rule4	Restoration of suit dismissed under Rule 2 or 3 • The plaintiff can apply either:- file a fresh suit, or restoration of the suit by showing a valid reason.	If the plaintiff couldn't attend due to illness and the suit was dismissed, he can apply to restore the suit by proving his genuine reason.
			Order9Rule5	Dismissal for failure to apply for fresh summons • If summons to the defendant is returned unserved, and the plaintiff fails to apply for a fresh summons within 7 days, the Court can dismiss the suit against that defendant unless the plaintiff proves he tried his best, the defendant is avoiding service, or has another good reason. The plaintiff may file a fresh suit subject to limitation.	If the summons to the defendant’s old address is returned and the plaintiff does nothing for 7 days, the court can dismiss the case unless he shows valid reasons.
			Order9Rule6	When only Plaintiff appears • If the plaintiff appears but the defendant doesn’t at the hearing: (a) If summons was duly served, suit proceeds ex parte. (b) If summons was not duly served, court issues fresh summons. (c) If summons was served too late, hearing is postponed and notice is given. If the delay in service was plaintiff’s fault, he must pay costs.	If defendant didn’t show up and summons was served properly, the court will hear the case ex parte. If summons wasn’t served correctly, new summons will be issued.
			Order9Rule7	Defendant appears on adjourned date • If the suit was being heard ex parte (without the defendant), and the defendant appears later (on the next hearing date) and gives a valid reason for missing the earlier date, the court may allow him to participate in the suit as if he was present from the start, on certain conditions (like paying costs).	The court adjourned an ex parte hearing. The defendant comes on the next date and explains he missed the first date due to a medical emergency. The court allows him to present his defense.
			Order9Rule8	Only defendant appears • If only the defendant appears on the hearing date and the plaintiff is absent, the Court will dismiss the suit. However, if the defendant admits the claim (fully or partly), the Court will pass a decree for the admitted part and dismiss the rest.	The plaintiff does not appear. The defendant appears and admits owing ₹10,000 out of ₹15,000 claimed. The court passes a decree for ₹10,000 and dismisses the remaining claim.
			Order9Rule9	Decree against plaintiff by default • If a suit is dismissed because the plaintiff was absent, the plaintiff cannot file a fresh suit on the same cause of action. However, the plaintiff can apply to set aside the dismissal by showing sufficient reason for absence. Notice of such application must be given to the other party.	A suit is dismissed because the plaintiff was absent. The plaintiff later explains they missed the hearing due to a medical emergency and notifies the defendant. The court may restore the suit.
			Order9Rule10	Non-attendance of some plaintiffs • If a case has multiple plaintiffs and some appear while others do not, the Court may allow the case to continue with those present, or pass another suitable order.	In a suit filed by three plaintiffs, only two appear on the hearing date. The Court allows the case to proceed with the two who are present.
			Order9Rule11	Non-attendance of some defendants • If some defendants appear and others do not, the suit will still proceed, and the Court will decide what to do about the absent defendants at the time of judgment.	In a case against four defendants, only two appear. The Court hears the case and later decides whether to pass an ex parte decree or take another action for the two who didn’t appear.
			Order9Rule12	Non-attendance of party ordered to appear in person • If a party (plaintiff or defendant) is ordered to appear personally but fails to do so without a valid reason, the Court will treat them like any other party who doesn't appear, and can apply the same consequences (like dismissal or ex parte decree).	If the Court directs the plaintiff to appear in person but he doesn’t come and doesn’t give a good reason, the Court may dismiss the suit just like it would if the plaintiff hadn't shown up at all.
			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.	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.
			Order9Rule14	No decree to be set aside without notice to opposite party • A Court cannot set aside an ex parte decree unless the opposite party (usually the plaintiff) is first given notice of the application to do so.	If the defendant asks the Court to cancel a decree passed without his presence, the Court must first inform the plaintiff before deciding.
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. • After this, the Court must direct parties to choose a method of out-of-court settlement (like arbitration, mediation, etc.). If they agree, they appear before that authority. If conciliation fails, the case returns to Court.	In a property dispute, the judge first asks both sides which facts they agree or disagree with. Then, the judge may send them for mediation. If mediation fails, the case resumes in court.
			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	Consequence of refusal or inability of pleader to answer • If the party's lawyer or representative cannot or refuses to answer a key question, the Court may postpone the hearing and ask the actual party to appear in person within 7 days. If the party fails to appear without a valid reason, the Court may pass judgment or another appropriate order.	If the defendant’s lawyer cannot answer a question about a transaction, the Court may summon the defendant personally. If the defendant fails to appear, the Court may decide the case against him.
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.	If A sues B for a contract breach, A can send interrogatories asking B to admit whether he signed the contract.
			Order11Rule2	Particular interrogatories to be submitted • When a party wants to ask the other side written questions (called interrogatories), they must submit the exact questions to the Court. The Court will decide within 7 days which questions are necessary for the fair disposal of the suit or to save costs.	In a property dispute, if the plaintiff wants to ask the defendant about the ownership documents, they must submit those specific questions to the Court for approval.
			Order11Rule3	Costs of Interrogatories • If a party asks questions (interrogatories) that are unnecessary, too long, or intended to harass or delay, the Court (or Taxing Officer) may order that party to pay the costs.	If the defendant submits a long list of irrelevant questions just to frustrate the plaintiff, the Court can make the defendant pay the costs incurred.
			Order11Rule4	Form of Interrogatories • Interrogatories (written questions to the other party) must follow Form No. 2 in Appendix C, with any changes required based on the situation.	If a plaintiff wants to ask the defendant about dates and amounts received, the questions should be framed as per the format in Form No. 2.
			Order11Rule5	Corporations • If a party in a suit is a corporation or group (incorporated or not), the other side can request the court’s permission to send interrogatories (written questions) to any member or officer of that corporation.	If a company is the defendant, the plaintiff can apply to ask written questions to a manager of that company.
			Order11Rule6	Objections to Interrogatories by Answer • A party can refuse to answer an interrogatory by stating valid objections in their affidavit—such as the question being irrelevant, scandalous, not genuine, not important at that stage, or protected by legal privilege.	A defendant may object to answering a question if it asks about private matters unrelated to the case.
			Order11Rule7	Setting aside and striking out interrogatories • The Court can cancel or remove interrogatories if they are unreasonable, harassing, too lengthy, unnecessary, or offensive. An application for this must be made within 7 days of receiving the interrogatories.	If one party sends 50 unnecessary or personal questions to harass the other, the Court may strike them out.
			Order11Rule8	Affidavit in Answer, Filing • The person who receives interrogatories must file a written sworn reply (affidavit) within 10 days, or within a time the Court permits.	If a party is asked questions by the opposing party, they must submit their answers in writing within 10 days.
			Order11Rule9	Form of Affidavit in Answer • The format for replying to interrogatories must follow Form No. 3 in Appendix C, with changes as needed based on the situation.	A party answering interrogatories must use the standard affidavit format unless their case needs specific changes.
			Order11Rule10	No exception to be taken • You cannot formally object to the format or wording of an affidavit in answer; only the Court decides if it's insufficient.	If a party thinks the affidavit doesn’t fully answer the questions, only the Court can rule on that—not the parties.
			Order11Rule11	Order to answer or answer further • If someone avoids answering or gives an incomplete answer to interrogatories, the other party can ask the Court to order a full or better answer—either in writing (affidavit) or orally, as the Court decides.	If Party A refuses to answer a question or gives a vague reply, Party B can ask the Court to compel a complete answer.
			Order11Rule12	Application for discovery of documents • Any party in a suit can ask the Court to order another party to reveal documents they have or had, related to the case. The Court will allow it only if it feels the documents are necessary for a fair trial or to save costs.	If Plaintiff believes Defendant has emails related to the dispute, Plaintiff can request the Court to order their disclosure.
			Order11Rule13	Affidavit of documents • A party ordered to disclose documents must submit an affidavit listing those documents and state if they object to producing any of them. The format should follow Form No. 5 in Appendix C, with changes as needed.	If the Court orders the Defendant to disclose documents, the Defendant must submit a sworn affidavit listing them and marking any they don't want to share.
			Order11Rule14	Production of documents • The Court can order any party to produce documents in their possession related to the case, at any time during the suit. The Court can then handle those documents as it deems fair.	If a Plaintiff has emails relevant to the dispute, the Court can order them to submit those emails as evidence.
			Order11Rule15	Inspection of documents • The other party may inspect the documents disclosed.	If A files a suit against B for land ownership, A can ask B to produce sale deed documents for inspection.
			Order11Rule16	Notice to produce • If you want another party to show a document they've mentioned in their pleadings or affidavits, you must send them a formal written notice using the format in Form No. 7 (Appendix C), adjusting it as needed.	If you want another party to show a document they've mentioned in their pleadings or affidavits, you must send them a formal written notice using the format in Form No. 7 (Appendix C), adjusting it as needed.
			Order11Rule17	Time for inspection when notice given • The party who receives a notice to produce documents must, within 10 days, reply with a notice stating a time (within 3 days) for inspection. They must also mention which documents they object to producing and why. This reply should follow Form No. 8 (Appendix C).	If the defendant receives a notice to produce documents, they must fix a time within 3 days for inspection and inform which documents they refuse to show (e.g., on grounds of privilege).
			Order11Rule18	Order for inspection • (1) If the other party fails to respond properly to a notice for document inspection or offers to inspect at an improper place, the Court may order inspection at a suitable place and manner—but only if it's necessary for justice or to save costs. (2) For documents not mentioned in pleadings or affidavits, the party seeking inspection must file an affidavit showing what documents are sought, why they’re entitled to inspect them, and confirm that the documents are with the other party.	If a plaintiff asks the defendant to show certain documents and the defendant refuses, the Court can order the inspection—provided it helps the case or reduces costs.
			Order11Rule19	Verified Copies & Privileged Documents • The Court may order verified copies of business records instead of originals and can inspect a document to decide privilege claims (except State matters). It can also ask any party to swear by affidavit whether specific documents were or are in their possession and what happened to them.	If a plaintiff believes the defendant had a particular contract, they can ask the Court to make the defendant confirm by affidavit if they had it and where it is now.
			Order11Rule20	Premature Discovery • If a party objects to discovery or inspection, and the Court feels the right to it depends on a key issue in the suit, the Court may postpone discovery until that issue is decided.	If a defendant refuses to show a document unless the Court first decides if the suit is maintainable, the Court may first decide that issue before ordering discovery.
			Order11Rule21	Non-compliance with Discovery Orders • If a party fails to obey a discovery or interrogatory order, the Court may dismiss the suit (if plaintiff) or strike off the defence (if defendant), after giving notice and hearing. Once dismissed under this rule, the plaintiff cannot file the same suit again on the same cause of action.
			Order11Rule22	Using Answers to Interrogatories at Trial • At trial, a party may use any part of the opponent's answer to interrogatories as evidence without using the whole. However, the Court can require other connected parts to be included if necessary for fairness.
			Order11Rule23	Order to apply to minors • This Order applies to minor parties and their next friends or guardians in the suit..
Order11 COM	Section 30, 31, 32 & 151 of CPC, Section 9&10 of Commercial Courts Act, 2015	Order XI of the Code of Civil Procedure, 1908 (as amended by the Commercial Courts Act, 2015), specifically governs Disclosure, Discovery, and Inspection of Documents in suits before the Commercial Division of a High Court or a Commercial Court. This Order was introduced to streamline commercial litigation by ensuring greater transparency and accountability in documentary evidence and to avoid trial delays due to surprise evidence. It imposes stringent duties on both plaintiffs and defendants to disclose all documents in their possession or control which are relevant to the matter in dispute—whether in support of or adverse to their case. The objective is to promote full and frank disclosure at the outset and to limit the scope of disputes to genuine controversies.	Order11Rule1 COM	Disclosure and discovery of documents In commercial suits, both plaintiff and defendant must disclose all documents in their possession—supportive or adverse—at the time of filing their pleadings, along with a sworn declaration.	If a plaintiff refers to a contract in the plaint, they must submit the contract and any related emails, even if those emails weaken their case.
			Order11Rule2 COM	Discovery by Interrogatories In commercial suits, parties may—with the court’s permission—serve written interrogatories (questions) on the opposing party to clarify facts in dispute, subject to court scrutiny for relevance and necessity.	A company may ask the opposite party to confirm whether a specific payment was received under a disputed contract, by submitting such interrogatories with court approval.
			Order11Rule3 COM	Inspection All parties must complete inspection of disclosed documents within 30 days after the written statement stage (extendable by max 30 days). Courts may penalize parties who wrongfully withhold or refuse inspection.	If Party A refuses inspection of a contract relied upon in their pleadings, Party B can move the court, which must decide the application within 30 days.
			Order11Rule4 COM	Admission and denial of documents Within 15 days of inspection, parties must submit a statement specifying whether they admit or deny the existence, execution, custody, or contents of each document, with reasons. False or vague denials can lead to waiver of proof or cost penalties.	If a party denies a signed agreement without giving reasons, the court may treat it as admitted and dispense with further proof.
			Order11Rule5 COM	Production of documents Any party or the Court may request document production during the suit. After a 7–15 day notice, failure to produce without valid reason may lead to adverse inference and cost penalties.	If a party ignores notice to produce an email proving payment, the Court may assume the content was unfavorable to that party.
			Order11Rule6 COM	Electronic records Printouts of electronic records are generally sufficient for disclosure and inspection. A detailed declaration must accompany such records specifying source, custody, and authenticity. Parties aren't required to give electronic access if printouts are properly declared.	If a party submits a WhatsApp chat as evidence, they must declare who created it, when it was sent, and confirm the printout matches the original.
			Order11Rule7 COM	Certain CPC Provisions Not Applicable to Commercial Suits For clarity, Order XIII Rule 1, Order VII Rule 14, and Order VIII Rule 1A of the CPC, 1908 do not apply to suits before Commercial Divisions of High Courts or Commercial Courts.	In a commercial suit, parties cannot rely on general provisions of filing documents under Order VII Rule 14 — they must follow stricter commercial court disclosure rules instead.
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 • Either party can serve a notice asking the other to admit any document within 7 days of service. • If the party refuses or neglects without valid reason, they will bear the costs of proving that document, regardless of the case outcome—unless the court directs otherwise.	If A sends a notice to B asking admission of a rent agreement and B doesn't respond, A can claim the cost of proving it later.
			Order12Rule2A	Effect of Not Denying Documents After Notice • If a party fails to specifically deny or refuse a document after being served a notice to admit, it shall be deemed admitted—except for persons under legal disability. However, the Court can still ask for proof if it deems necessary.
			Order12Rule3	Form of Notice • A notice to admit documents must be drafted using Form No. 9 in Appendix C of the CPC, with necessary changes based on the case specifics.	Plaintiff A sends Defendant B a notice (in prescribed format) asking B to admit execution of a loan agreement dated 01.01.2023.
			Order12Rule3A	Power of Court to Record Admission Even without a formal notice to admit documents, the Court can, at any stage, ask any party to admit a document. The Court must then record whether the party admits, refuses, or neglects to admit the document.	During trial, the judge may directly ask a defendant if he admits signing a contract—even if the plaintiff hasn’t served a notice under Rule 2. The court must note the response on record.
			Order12Rule4	Notice to Admit Acts • A party may serve written notice on the opposite party (at least 9 days before the hearing) asking them to admit specific facts. If the other party refuses or neglects to admit such facts within 6 days, they may have to bear the cost of proving those facts, regardless of the case outcome—unless the Court decides otherwise.	If A sends B a notice to admit that B received ₹1 lakh on a certain date, and B does not admit within 6 days, B may have to pay the costs if A proves it in court.
			Order12Rule5	Form of Admissions • A notice to admit facts must be drafted in Form No. 10, and the corresponding admission of facts must be in Form No. 11 of Appendix C of the Code of Civil Procedure. These forms can be modified as per the circumstances of the case.	If a party wants the opposite side to admit facts like the date of agreement or delivery of goods, they must serve Form 10. If the other party agrees, they must respond in Form 11.
			Order12Rule6	Judgment based on admissions • If a party admits facts—whether in pleadings, oral statements, or written form—the court may, at any stage of the suit, on its own or upon a party’s request, pronounce judgment based on those admissions, without waiting for other issues to be decided.	If the defendant admits to owing ₹1 lakh in their written statement, the court can pass a decree for that amount without proceeding to full trial.
			Order12Rule7	Affidavit of Signature • An affidavit by the pleader or their clerk confirming the genuine signature on any admission made (after a notice to admit documents or facts) is enough proof of such admission if evidence is required.	If a party admits a document via signed notice, the pleader's affidavit verifying that signature suffices as legal proof.
			Order12Rule8	Notice to Produce Documents • A notice to produce documents must follow Form No. 12 in Appendix C, with suitable changes as needed. An affidavit by the pleader or their clerk confirming the service and timing of the notice, along with a copy of the notice, is sufficient proof of service.	If Party A sends Party B a notice to produce a contract, an affidavit by A’s lawyer's clerk confirming service and attaching a copy of the notice is valid evidence.
			Order12Rule9	Costs for Unnecessary Notices • If a party gives a notice to admit or produce unnecessary documents, they will have to bear the costs caused by such notice.	If Party A sends Party B a notice to admit a newspaper article irrelevant to the dispute, Party A will be liable for any cost related to proving or admitting that document.
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 • All parties must produce original documents (whose copies were filed with the plaint or written statement) on or before the settlement of issues, along with an accurate list. Exception: This rule does not apply to documents used only for cross-examination or refreshing a witness’s memory.	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.
			Order13Rule2	Omitted
			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 suit number, title, name of the person producing it, date of production and party submitting it.
			Order13Rule5	Endorsements on Copies of Admitted Entries • When books or public records are produced in court, certified copies of relevant entries may be submitted instead of retaining the originals. The Court will verify, mark, and return the original books or records after comparison.	If a bank ledger or government record is submitted, the party may file a copy of the entry, and the original will be returned post-verification.
			Order13Rule6	Endorsements on Rejected Documents • If a document is rejected as inadmissible, the Court must endorse details like suit title, producer’s name, and date of production, along with a note stating it was rejected, signed by the Judge.	If a party submits an unregistered sale deed and the Court finds it inadmissible, it will mark “Rejected” with relevant details and return it.
			Order13Rule7	Recording of admission and return of rejected documents • Documents admitted in evidence (or their certified copies) become part of the court record. Rejected documents are returned to the party who produced them and are not part of the record.	A registered sale deed will be kept in the case file if admitted, but an unauthenticated WhatsApp screenshot rejected by the court will be returned to the party.
			Order13Rule8	Court may impound documents • If a document appears to be forged or suspicious, the court can impound (confiscate) it for investigation.	If B submits a fraudulent sale deed, the court may impound it and send it for verification.
			Order13Rule9	Return of Admitted documents • A person (party or not) can get back original documents submitted in court after the case or appeal is over, unless the court has impounded them. However, documents can be returned earlier if a certified or verified copy is submitted in its place and an undertaking is given to produce the original when required.	If a plaintiff submitted an original sale deed and wants it back before appeal time is over, they can get it by submitting a certified copy and agreeing to bring the original if needed later.
			Order13Rule10	Court May Send for Records • The Court may, on its own or on a party's application, call for records from its own or other courts if relevant to the case and necessary for justice. An affidavit must show why the record is important and why a certified copy won't suffice without delay or expense.	In a property suit, if a party believes that a prior partition suit record proves ownership, the court may summon that file from another court for inspection.
			Order13Rule11	Provisions as to Material Objects The rules for documents also apply, as far as possible, to other material objects (like weapons, tools, clothing) that may be produced as evidence. This ensures consistency in how courts handle non-documentary evidence during trial	If a knife is produced as evidence in a criminal case, the same rules of production, inspection, return, or impounding apply just like with documents.
Order13A	Sections 9, 151 &151A CPC, Section 125 CrPC, Section 24, 25, 26 of Hindu Marriage Act 1955,	Order 13A of the Code of Civil Procedure (CPC) was introduced to provide a streamlined mechanism for summary suits for recovery of money in matrimonial disputes or maintenance claims. It empowers the court to pass quicker judgments in certain cases where the claim is liquidated, definite, and undisputed, reducing delays in civil litigation. The purpose of Order 13A is to facilitate speedy disposal of claims for maintenance, alimony, or other definite monetary claims without the need for lengthy trials, while still safeguarding the rights of the parties to defend themselves.	Order13ARule1	Scope and Application of Summary Judgment in Commercial Disputes This rule allows courts to decide commercial suits (or parts of them) without recording oral evidence, through summary judgment when facts are clear and uncontested. However, summary judgment under this Order can't be used if the case was filed as a summary suit under Order 37.	If a party files a commercial dispute for recovery of ₹10 lakhs based on a written contract and the defendant has no real defense, the plaintiff can apply for summary judgment to avoid a long trial.
			Order13ARule2	Stage for Summary Judgment A party can apply for summary judgment after service of summons on the defendant but before framing of issues by the Court. Once issues are framed, summary judgment cannot be sought.	If the defendant has received the summons but the Court hasn't yet identified the legal points (issues) to be tried, the plaintiff can request a summary judgment to dispose of the case early.
			Order13ARule3	Grounds for Summary Judgment The Court may grant summary judgment if (a) one party has no real chance of success, and (b) there’s no strong reason to proceed with a full trial involving oral evidence.	If a defendant admits to non-payment under a clear contract and has no valid defence, the Court can decide the case without recording oral evidence.
			Order13ARule4	Procedure for Summary Judgment The applicant must disclose facts, law points, documents, and reasons for claiming there’s no real prospect of trial success; the respondent must reply within 30 days, stating their defence, documents, and why a trial is necessary.	In a cheque bounce case, the plaintiff may apply for summary judgment by attaching the dishonoured cheque and bank memo, and the defendant must reply within 30 days explaining any genuine dispute (e.g., payment already made).
			Order13ARule5	Evidence for Summary Judgment Hearing The respondent must submit and serve any new documentary evidence 15 days before the hearing, and the applicant can file a reply with documents 5 days before the hearing, unless already submitted earlier.	If the defendant wants to submit an agreement as evidence, they must serve it 15 days prior; the plaintiff can counter it with a reply document like an acknowledgment of debt at least 5 days before the hearing.
			Order13ARule6	Orders Court May Pass in Summary Judgment The Court may pass various orders like granting judgment, striking pleadings, or dismissing the application; reasons for such orders must be recorded.	If the defendant clearly has no defense, the Court may pass a summary judgment in favor of the plaintiff without recording evidence.
			Order13ARule7	Conditional Order If a party’s claim or defence is weak but not hopeless, the Court may pass a conditional order (like depositing money or providing security), with consequences for non-compliance, such as judgment against that party.	If the defendant’s defence appears unlikely to succeed, the Court may ask him to deposit ₹5 lakhs as security, failing which judgment may be passed against him.
			Order13ARule8	Power to Impose Costs This provision empowers the Court to order the payment of costs in summary judgment applications, as per Sections 35 and 35A of the Code of Civil Procedure, 1908, which deal with compensatory and general costs.	If a plaintiff files a summary judgment application knowing the case requires trial, the Court may dismiss the application and impose costs for wasting the defendant’s time and resources.
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.	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?
			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	Court may examine witnesses or documents before framing issues • If the Court feels it cannot properly frame issues without first examining a witness or inspecting a document not yet produced, it may postpone framing issues for up to 7 days and summon the person or document needed.	If land ownership is disputed and the original sale deed is not filed, the Court may call for that deed before framing the issue.
			Order14Rule5	Power to amend and strike out issues • The court may add, modify, or remove issues if required for proper adjudication.	If a wrongly framed issue about “ownership” is irrelevant in a tenancy dispute, the Court may strike it out or replace it with an issue on “landlord-tenant relationship."
			Order14Rule6	Questions of fact or law may by agreement be stated in form of issues If both parties agree on a specific question of fact or law, they can frame it as an issue and submit a written agreement that the court’s finding on that issue will determine the outcome (e.g., payment, property delivery, or doing/avoiding an act).	If A and B agree that if the court finds A is the rightful tenant, then B will hand over possession of the shop to A.
			Order14Rule7	Court, if satisfied that agreement was executed in good faith, may pronounce judgment If the Court finds that the agreement was made in good faith, the parties have a genuine interest in the issue, and the issue is fit for decision, it will record and try the issue, then pronounce judgment based on the agreement.	If A and B agree to resolve whether a shop belongs to A, and the Court finds the agreement genuine and fair, it will decide the issue and pass judgment accordingly.
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.	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.
			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	Parties at issue • If the Court finds that the framed issues are enough to decide the suit and no more arguments or evidence are needed, it may proceed to pronounce judgment immediately.	If the only issue is whether a contract was signed, and both parties have presented all evidence, the Court can decide the case right away without delay.
			Order15Rule4	Failure to produce evidence • If a party fails to submit required evidence, the court can decide the case based on available records.	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.
Order15A	Section 9, 151 and 151A of CPC, Section 105 and 23 of the Hindu Marriage Act, 1955,	Order 15A of the Code of Civil Procedure (CPC) was introduced to deal with interim measures in suits involving matrimonial disputes or maintenance claims, particularly focusing on temporary injunctions, attachment of property, or protective orders to safeguard the rights of parties during litigation. The main objective of Order 15A is to prevent harassment, misuse of property, or deprivation of necessary support while a suit is pending. It provides courts with powers to grant interim relief quickly, ensuring that parties are not left financially or legally vulnerable during proceedings.	Order15ARule1	First Case Management Hearing • The Court must conduct the first Case Management Hearing within 4 weeks after all parties file affidavits of admission or denial of documents.	If both parties submit their admission/denial affidavits by April 1st, the Case Management Hearing must be held by April 29th.
			Order15ARule2	Case Management Hearing • In the Case Management Hearing, the Court frames issues and schedules the timeline for the entire trial process—witness lists, evidence filing, arguments, and hearing dates.	The Court may order that affidavits be filed by Sept 1, witness evidence recorded by Sept 15, written arguments submitted by Sept 25, and oral arguments heard on Sept 30.
			Order15ARule3	Time limit for the completion of a trial The Court must ensure that all arguments in the suit are concluded within six months from the first Case Management Hearing.	If the first Case Management Hearing was on January 1st, the final arguments must be completed by June 30th.
			Order15ARule4	Recording of oral evidence on a day-to-day basis The Court should aim to record oral evidence continuously on a day-to-day basis until all witness cross-examinations are finished.	If Witness A’s cross-examination starts on Monday, it should continue daily without long breaks until completed.
			Order15ARule5	Case Management Hearings during a trial The Court can conduct Case Management Hearings anytime during the trial to ensure parties follow the set timelines and help dispose of the case quickly.	If a party delays filing written arguments, the Court may call a hearing mid-trial to enforce compliance and reset deadlines if needed.
			Order15ARule6	Powers of the Court in a Case Management Hearing The Court has wide powers during a Case Management Hearing, such as deciding preliminary applications, fixing timelines, excluding irrelevant evidence, or even calling parties for settlement discussions.	The Court has wide powers during a Case Management Hearing, such as deciding preliminary applications, fixing timelines, excluding irrelevant evidence, or even calling parties for settlement discussions.
			Order15ARule7	Adjournment of Case Management Hearing The Court will not adjourn a Case Management Hearing just because a party’s advocate is absent, unless prior application is made or valid reason is shown.	If an advocate is unexpectedly hospitalized, the Court may grant an adjournment with appropriate conditions.
			Order15ARule8	Consequences of non-compliance with orders If a party disobeys a Case Management order, the Court may either impose costs, limit their rights during the trial, or even dismiss or allow the suit if non-compliance is willful or repeated.	If a plaintiff repeatedly fails to file affidavit of evidence despite directions, the Court may strike off their right to present evidence or dismiss the suit.
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 within 15 days of issue framing and request summons, stating the purpose for each. The Court may allow additional witnesses later if valid reasons are given.	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	Expenses of witness to be paid into Court on applying for summons • A party must deposit witness travel and attendance expenses in court within 7 days of applying for a summons, including expert fees if applicable.	K.K. Velusamy vs. N. Palanisamy (2011) – The Supreme Court emphasized the discretionary power of courts in summoning witnesses.
			Order16Rule3	Tender of expenses to witness. • The travel and attendance expenses deposited in court must be given to the witness when the summons is personally served.	If a shopkeeper is summoned, the serving officer should hand him the travel allowance along with the summons.
			Order16Rule4	Procedure where insufficient sum paid in • If the amount deposited for a witness’s expenses is too low, the court can order more payment, recover it by selling the party’s movable property, or release the witness from testifying.	If a doctor is summoned but only half his travel and stay expenses are paid, the court may order the balance to be deposited or excuse him from giving evidence.
			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 produce document • A person can be summoned only to produce a document without appearing as a witness, and they comply by sending the document through someone else.	If a company is summoned to produce an invoice, it can send the invoice via courier instead of sending its manager to court.
			Order16Rule7	Power to require persons present in Court to give evidence or produce document • The Court can order anyone present in the courtroom to testify or produce a document they currently possess.	If a witness is in court for another case but holds a relevant contract in their bag, the judge may require them to produce it immediately.
			Order16Rule7A	Summons given to the party for service The Court may allow a party to personally serve a witness summons, delivering it directly and following court rules for personal service. If the witness refuses or cannot be served, the Court will re-issue the summons for official service.	If the plaintiff is allowed to serve a summons to a shopkeeper witness, they can hand it over directly; if the shopkeeper refuses to accept it, the Court will arrange service through its own officers.
			Order16Rule8	Summons how served • Any summons (except those personally served by a party under Rule 7A) must be served like a defendant’s summons, following Order V rules on proof of service.	If the Court issues a summons to a bank manager to produce records, it will be served through official court procedures just like serving a lawsuit notice to a defendant.
			Order16Rule9	Time for serving summons • A summons must be served early enough to give the person reasonable time to prepare and travel to court.	If a witness is required on Monday, the summons should not be served on Sunday evening; it must allow enough days for arrangements and travel.
			Order16Rule10	Procedure where witness fails to comply with summons • If a summoned witness or document-holder doesn’t comply, the court may verify service, issue a proclamation, and even order arrest or property attachment.	If a witness with key evidence ignores a properly served summons, the court can put up a public notice at their home and issue a warrant to ensure their attendance.
			Order16Rule11	If witness appears attachment may be withdrawn • If an attached witness’s property was seized for ignoring a summons, they can get it released by proving they had a valid reason or lacked notice of the order.	A witness’s motorcycle is attached for non-attendance, but he shows hospital records proving he was admitted that day — the court releases the motorcycle.
			Order16Rule12	Procedure if witness fails to appear • IIf a summoned witness doesn’t appear or fails to justify absence, the court can fine up to ₹500 and sell attached property to recover costs and the fine.	A witness ignores a summons without explanation, so the court fines him ₹300 and sells his seized scooter to cover the fine and expenses.
			Order16Rule13	Mode of attachment • Attachment and sale of a witness’s property follow the same rules as attaching and selling a judgment-debtor’s property in execution of a decree.	If a witness’s land is attached for non-compliance, it’s sold using the same legal steps as when selling a debtor’s property to satisfy a court decree.
			Order16Rule14	Court may of its own accord summon as witnesses strangers to suit • The Court can, on its own, summon and examine any person—including a party—who hasn’t been called by either side, if it considers their testimony or documents necessary.	In a property dispute, the Court may call a neighbor (not listed by either party) to testify about boundary history.
			Order16Rule15	Duty of persons summoned to give evidence or produce document • Anyone summoned must attend court at the specified time to give evidence or produce documents, or ensure the document is sent even if they cannot attend.	If a bank is summoned to produce account statements, it must either send its representative or deliver the statements to court on time.
			Order16Rule16	When they may depart • A summoned person must keep attending each hearing until the case ends, unless excused by the court. If needed, the court can require them to give security to ensure future attendance, and if they fail, they may be detained.	If a key witness in a fraud case is likely to leave town, the court may demand a security deposit to ensure they return for the next hearing.
			Order16Rule17	Application of rules 10 to 13 • If a person who attended court after being summoned leaves without a valid reason (against rule 16), the same penalties and procedures in rules 10–13 apply to them.	If a witness appears for the morning session but leaves before testifying, the court can fine or attach their property as per rules 10–13.
			Order16Rule18	Procedure where witness apprehended cannot give evidence or produce document • If a person arrested under a court warrant can’t testify or produce documents because a party is absent, the court can require bail/security for their next appearance; otherwise, they may be kept in civil prison.	If a person arrested under a court warrant can’t testify or produce documents because a party is absent, the court can require bail/security for their next appearance; otherwise, they may be kept in civil prison.
			Order16Rule19	No witness to be ordered to attend in person unless resident within certain limits •A witness can only be ordered to attend in person if they live within the court’s jurisdiction or within 100 km (or 500 km if most travel is by public transport), unless airfare is paid for air travel.	If a witness lives 400 km away with train service for most of the route, the court can call them in person; if 800 km away, it can do so only if airfare is provided.
			Order16Rule20	Consequence of refusal of party to give evidence when called on by Court • If a party in court refuses without valid reason to give evidence or produce a document when required, the court may decide the case against them or pass any suitable order.	If a party in court refuses without valid reason to give evidence or produce a document when required, the court may decide the case against them or pass any suitable order.
			Order16Rule21	Rules as to witnesses to apply to parties summoned • When a party to a suit is required to give evidence or produce a document, the same rules that apply to witnesses will also apply to that party.	If a defendant is summoned to produce records, rules about summons service, fines for non-compliance, and attachment of property will apply to them just like to any other witness.
Order16A	Section 125 of the CrPC, Sections 24, 25, and 26 of Hindu Marriage Act, 1955, Sections 20 and 22 of Protection of Women from Domestic Violence Act, 2005 , Sections 151 & 151A of CPC	Order 16A of the Code of Civil Procedure (CPC) was introduced to streamline interim maintenance and permanent alimony claims in matrimonial disputes. It primarily empowers courts to grant interim maintenance, periodic payments, and maintenance pendente lite to spouses or children during the pendency of proceedings under the Hindu Marriage Act, 1955, or other personal laws. The objective of Order 16A is to ensure timely financial support for the dependent spouse or children without having to wait for the final disposal of the case. It lays down procedures for filing applications, furnishing evidence, and issuing interim orders, thus providing a speedy and effective remedy to financially weaker parties in matrimonial disputes.	Order16ARule1	Definitions This rule defines terms used in the Order — “detained” covers preventive detention, and “prison” includes places declared as subsidiary jails, as well as reformatories and similar institutions.	This rule defines terms used in the Order — “detained” covers preventive detention, and “prison” includes places declared as subsidiary jails, as well as reformatories and similar institutions.
			Order16ARule2	Power to require attendance of prisoners to give evidence A court can order a prison officer to bring a detained person to testify in a suit if their evidence is important, but if the prison is over 25 km away, the court must first ensure that recording the testimony on commission isn’t enough.	If a key witness is in a jail 30 km away, the judge will only summon them in person if a commission (video/recorded statement) won’t serve the purpose.
			Order16ARule3	Expenses to be paid into Court Before ordering a prisoner to be brought to court, the judge will make the requesting party deposit enough money to cover costs like escort travel and arrangements, following any expense rules set by the High Court.	If a lawyer asks for a prisoner’s in-person testimony, they must first pay into court the estimated police escort and travel costs.
			Order16ARule4	Power of State Government to exclude certain persons from the operation of rule 2 The State Government can order that certain prisoners or groups of prisoners must not be taken out of prison, considering the seriousness of their offence, possible public order issues, and overall public interest.	If a high-profile gangster’s court appearance could cause riots, the State Government may prohibit bringing him out of prison, even if the court had earlier ordered it.
			Order16ARule5	Officer in charge of prison to abstain from carrying out order in certain cases The prison officer must refuse to carry out a court’s order to remove a prisoner if the prisoner is too ill, awaiting trial, has too little time left in custody, or is covered by a State Government order under rule 4, and must inform the court of the reason.	If a prisoner ordered to appear in court has only two days left in jail, the prison officer can skip the transfer and send the court an explanation.
			Order16ARule6	Prisoner to be brought to Court in custody If none of the exceptions apply, the prison officer must bring the prisoner to court at the specified time and keep them in custody there until the hearing is over or the court allows their return to prison.	If a prisoner is healthy and not awaiting trial, the officer must ensure they are present in court at 10 a.m. as per the court’s order and guard them until the judge finishes the examination.
			Order16ARule7	Power to issue commission for examination of witness in prison If a prisoner’s testimony is important but they can’t be brought to court under earlier rules, the court can send a commission to record their statement inside the prison. Order XXVI rules apply to this process.	In a property dispute, a key witness is serving a sentence in another state’s jail. Since transporting them is not possible, the court appoints a commissioner to visit the prison and record their evidence there.
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 • Courts can grant adjournments if there is sufficient cause, but only up to three times per party during the suit’s hearing. Adjournments are allowed only for reasons beyond a party’s control (e.g., sudden illness of a lawyer, not engagement in another court) and must be recorded in writing.	Salem Advocate Bar Association vs. Union of India (2005) – The Supreme Court ruled that adjournments should be granted only in exceptional circumstances.
			Order17Rule2	Procedure if parties fail to appear on day fixed • If a party doesn’t appear on the adjourned hearing date, the court may proceed under Order IX or make any suitable order. If most of that party’s evidence is already recorded, the court can continue the case as if the party were present.	If the plaintiff’s evidence is nearly complete but they miss the next date, the court may still proceed with cross-examination of witnesses instead of dismissing the suit.
			Order17Rule3	Court may proceed notwithstanding either party fails to produce evidence, etc • If a party, despite being given extra time, fails to produce evidence, bring witnesses, or perform necessary acts for the case’s progress, the court can still proceed. (a) If both parties are present, the court may decide the suit immediately. (b) If one or both parties are absent, the court will proceed under Rule 2.	If the defendant doesn’t bring his witnesses despite getting time, the court can close evidence and deliver judgment.
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 where several issues • When multiple issues involve different burdens of proof, the party beginning can choose to present evidence on some issues upfront or wait to respond after the other party's evidence; after that, both parties may give replies accordingly.	In a contract dispute, the plaintiff must prove breach of contract, but the defendant must prove that the contract was void. The plaintiff can first present evidence about the breach or wait to hear the defendant’s evidence about voidness before responding. After both sides present evidence, the plaintiff can give a final overall reply.
			Order18Rule3A	Party to appear before other witnesses • 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	Recording of evidence • Witnesses’ examination-in-chief must be given through affidavits (all at once unless special permission is granted for more later), followed by cross-examination and re-examination either in court or before a court-appointed commissioner, whose report becomes part of the case record. Any withdrawn affidavit before cross-examination causes no penalty, but other parties can still rely on its admissions.	In a contract dispute, Plaintiff A files affidavits for three witnesses, including himself, all at once. Later, with court permission, he adds a fourth witness’s affidavit; cross-examination happens before a commissioner, who returns the recorded evidence to the court.
			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 deposition to be interpreted • If a witness’s statement is recorded in a different language than the one they spoke, it must be translated back to them in their own language.	If a witness speaks Hindi but the court records it in English, the statement must be read back to them in Hindi.
			Order18Rule7	Evidence under section 138 • Evidence recorded under Section 138 must follow the same format and process as in Rule 5—meaning it should be read back, signed, and, if needed, interpreted or corrected.	If cross-examination under Section 138 is recorded, it must still be read over to the witness and signed like any other deposition.
			Order18Rule8	Memorandum when evidence not taken down by Judge • If the Judge doesn’t personally write, dictate, or mechanically record the evidence, they must make and sign a written summary of each witness’s testimony during the examination, and this becomes part of the official record.	In a civil trial, if a stenographer records a witness’s words, the Judge must still write a brief signed note summarizing what the witness said.
			Order18Rule9	When evidence may be taken in English • If the court’s official language is not English, but all parties and their lawyers agree, the Judge can record the evidence in English—whether the witness speaks in English or in another language.	If a court’s language is Hindi, but both sides and their lawyers agree, testimony given in Hindi can still be written down in English.
			Order18Rule10	Any particular question and answer may be taken down • The court can record a specific question, its answer, or an objection to a question if it thinks there’s a special reason, either on its own or if a party requests it.	If a witness is asked a controversial question and the opposing lawyer objects, the judge may write down the exact question, answer, and objection for the record.
			Order18Rule11	Questions objected to and allowed by Court • If a party objects to a question but the court still allows it, the judge must record the question, the answer, the objection, who made the objection, and the court’s decision on it.	If Lawyer A asks a witness, “Did you see the accused hit the victim?” and Lawyer B objects, but the judge allows it, the judge will note the exact question, answer, objection, objector’s name, and the ruling.
			Order18Rule12	Remarks on demeanour of witnesses. • This means the court can note down observations about a witness’s behavior, attitude, or manner while giving evidence, if the judge thinks it is relevant.	If a witness avoids eye contact, hesitates, or appears unusually nervous while answering a key question, the judge may record — “Witness appeared evasive and hesitant while responding to questions on the incident.”
			Order18Rule13	Memorandum of evidence in unappealable cases • 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	Omitted
			Order18Rule15	Power to deal with evidence taken before another Judge • If a judge cannot finish a case due to death, transfer, or other reasons, the new judge can use the evidence recorded by the previous judge and continue the case from where it was left off. This also applies to cases transferred under Section 24.	If a judge is transferred after recording three witnesses’ statements in a property dispute, the new judge can rely on those recorded statements and continue with the remaining proceedings.
			Order18Rule16	Power to examine witness immediately •If a key witness in a contract dispute is moving abroad soon, the court can record their testimony immediately so it can be used later in the case. If not recorded the same day, the court must inform both parties of the date, record the statement, get the witness’s confirmation, and sign it for use during trial.	A witness in a property dispute is going abroad next week. The plaintiff requests the court to record the witness’s statement immediately. The court fixes a date, notifies both parties, records the testimony, reads it to the witness for confirmation, gets it signed, and keeps it on record to be read during the final hearing.
			Order18Rule17	Court may recall and examine witness The court can call back a witness already examined at any stage of the case and ask further questions if needed, following the rules of evidence.	During a contract dispute, after hearing all evidence, the judge realizes a witness’s earlier statement about payment dates is unclear. The court recalls the witness to clarify this point before deciding the case.
			Order18Rule17A	Omitted
			Order18Rule18	Power of Court to inspect The court can inspect any property or object related to the case at any stage, and must record its observations, which become part of the case record.	The court can inspect any property or object related to the case at any stage, and must record its observations, which become part of the case record.
			Order18Rule19	Power to get statements recorded on commission The court can choose to have a witness’s statement recorded by a commissioner (outside the open court) instead of examining them in person during court proceedings.	If a key witness is bedridden due to illness and cannot attend court, the judge may appoint a commissioner to visit the witness’s home, record their statement, and submit it to the court.
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.
			Order19Rule4	Court may control evidence • The court can decide what evidence is needed for specific issues and how it should be presented. It can also reject any evidence it feels is unnecessary, but must record reasons in writing.	If in a property dispute, a party tries to submit unrelated WhatsApp chats, the court can refuse them and only allow documents like sale deeds or property tax receipts.
			Order19Rule5	Redacting or rejecting evidence The court can remove parts of a witness’s affidavit that are not valid evidence or reject the whole affidavit if it is not admissible, giving written reasons.	If a witness’s affidavit in a contract dispute contains personal opinions instead of facts, the court may strike out those parts or refuse the entire affidavit.
			Order19Rule6	Format and guidelines of affidavit of evidence An affidavit of evidence must be clear, follow the order of events, focus only on relevant facts, and follow proper format rules. The court can remove parts that simply copy pleadings or contain legal arguments.	In a fraud case, if a witness’s affidavit lists events in order with dates, facts, and sources of information, it’s valid; but if it just repeats the lawyer’s legal points, the court may strike them out.
Order20	Section 47, 50, 51, 52, 151 of CPC	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.
			Order20Rule5A	Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders If parties don’t have lawyers, the court must tell them which court they can appeal to, how much time they have to file it, and record that this information was given.	In a land dispute where both sides appear without advocates, the judge must inform them that they can appeal to the District Court within 30 days and note this in the case record.
			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.
			Order20Rule6A	Preparation of decree The court should prepare the decree within 15 days of the judgment. Until the decree is ready, the judgment copy can be used for filing an appeal, but once the decree is drawn, only the decree is valid for execution.	If a money recovery judgment is pronounced on 1st June and the decree is prepared on 12th June, the party can file an appeal using the judgment copy before 12th June, but for execution, the official decree is required.
			Order20Rule6B	Copies of judgments when to be made available After a judgment is announced, parties can get its copy right away for filing an appeal, by paying the fee set by the High Court rules.	If a court delivers its decision in a tenancy dispute, the tenant can immediately request and pay the prescribed fee to get a copy for appealing.
			Order20Rule7	Date of decree • A decree must show the same date as the judgment, and the judge must sign it after ensuring it matches the judgment.	If a judgment is pronounced on 10th August, the decree will also bear 10th August as its date, even if it is typed and signed a few days later.
			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.
			Order20Rule9	Decree for recovery of immovable property When a decree is about immovable property, it must clearly describe the property so it can be identified, including boundaries or survey numbers if available.	In a land recovery case, the decree may state “Plot No. 45, Survey No. 210, measuring 500 sq. meters, bounded on the north by Main Road and south by River Bank.”
			Order20Rule10	Decree for delivery of movable property If the decree orders delivery of movable property, it must also mention the amount of money to be paid if the property cannot be delivered.	In a suit for a rare painting, the decree may order its return or, if not possible, payment of ₹5,00,000 as compensation.
			Order20Rule11	Decree may direct payment by instalments The court can allow money decrees to be paid later or in instalments, even if the contract says otherwise, after hearing the parties. After the decree, this can also be done if both sides agree, with conditions like interest or security.	If a borrower is ordered to pay ₹10 lakh, the court may allow payment in 10 monthly instalments with interest, or postpone payment for 6 months, depending on the circumstances.
			Order20Rule12	Decree for possession and mesne profits In suits for possession and rent/mesne profits, the court can order return of the property, payment of past rent or profits, and inquiry into amounts due until possession is given, given up, or 3 years pass. A final decree for rent/profits is made after such inquiry.	If a shop tenant stays after the lease ends, the court may order possession back to the owner, payment of past rent, and an inquiry to calculate profits earned by the tenant until the shop is vacated.
			Order20Rule12A	Decree for specific performance of contract for the sale or lease of immovable property If the court orders specific performance of a property sale or lease, the decree must clearly state the time limit for the buyer or tenant to pay the required amount.	In a flat sale dispute, the decree may direct the buyer to pay ₹50 lakh within 60 days to complete the sale.
			Order20Rule13	Decree in administration suit In an administration suit, the court first passes a preliminary decree to check accounts, make inquiries, and give directions. If the deceased’s property is not enough to pay all debts, the court follows insolvency rules to decide creditor rights and payments.	If a deceased businessman’s assets are ₹50 lakh but debts are ₹80 lakh, the court will first order an inquiry into all assets and debts, then distribute the amount as per insolvency priority rules among secured and unsecured creditors.
			Order20Rule14	Decree in pre-emption suit In a pre-emption decree, the court sets a date for the plaintiff to deposit the purchase money and costs; if paid, the defendant must give possession, but if not, the suit is dismissed. If there are multiple pre-emptors, priority is given to the superior claimant, and shares are adjusted accordingly.	If a neighbor wins a pre-emption case for a plot sold to an outsider, the court may order payment of ₹12 lakh within 30 days; if paid, the neighbor gets possession, but if not, the case is dismissed. If two neighbors claim, the one with higher legal priority gets the first right.
			Order20Rule15	Decree in suit for dissolution of partnership In a partnership dissolution suit, the court first passes a preliminary decree stating each partner’s share, the date of dissolution, and orders for taking accounts and other necessary steps before the final decree.	If two partners dissolve their textile business, the court may declare each has a 50% share, fix 1st July as the dissolution date, and order a full account of profits and liabilities before final settlement.
			Order20Rule16	Decree in suit for account between principal and agent In a principal–agent account suit, or similar cases needing calculation of money owed, the court first issues a preliminary decree ordering the necessary accounts to be taken before the final decree.	If a sales agent is accused of keeping extra commission, the court may order a preliminary decree to check all sales records before deciding the exact amount due to the principal.
			Order20Rule17	Special directions as to accounts The court can give special instructions on how accounts should be examined, and may treat existing account books as initial proof, while allowing parties to challenge them.	In a dispute over shop profits, the court may order that the shop’s ledger be used as the starting evidence for accounts, but the other party can object if entries seem false.
			Order20Rule18	Decree in suit for partition of property or separate possession of a share therein In a partition decree, the court declares each party’s rights; if the property pays land revenue, the Collector carries out the division, and for other properties, the court may first issue a preliminary decree if further inquiry is needed.	If three brothers co-own farmland, the court may declare each has a one-third share and direct the Collector to physically divide the land; for a jointly owned house, it may first pass a preliminary decree to decide how it can be split.
			Order20Rule19	Decree when set-off or counter-claim is allowed When a set-off or counter-claim is allowed, the decree must state the amounts owed to each party and order payment of the balance. Such decrees can be appealed like any other, whether the set-off is under Order VIII Rule 6 or not.	If a shopkeeper sues a supplier for ₹1,00,000 and the supplier proves the shopkeeper owes him ₹40,000, the decree may state that the supplier must pay ₹60,000 after adjusting the set-off.
			Order20Rule20	Certified copies of judgment and decree to be furnished Parties can get certified copies of the judgment and decree by applying to the court and paying the required fee.	After winning a property case, the plaintiff can apply and pay for certified copies of the judgment and decree to use for appeal or execution.
Order20A	Sections 2(1)(c), 80, 96, 151 of CPC	Order 20A of the Code of Civil Procedure (CPC) provides a summary procedure to ensure the expeditious disposal of suits involving small monetary claims. It applies to suits where the amount claimed does not exceed a specified limit (as may be prescribed by the High Court), and the facts are simple and undisputed. This procedure aims to reduce procedural complexities, minimize the time and expense involved in litigation, and provide a faster remedy to parties for small-value disputes. The Court has the power to decide the suit based on pleadings, documents, and affidavits without requiring elaborate evidence or formal trial, unless necessary.	Order20ARule1	Provisions relating to certain items The court can include specific expenses in the costs awarded, such as legal notices, preparation of pleadings, record inspections, witness expenses, and charges for getting judgment or decree copies for an appeal.	If a landlord sends a legal notice before filing an eviction suit, pays for typing pleadings, and brings his own witnesses, the court may order the tenant to reimburse these costs if the landlord wins.
			Order20ARule2	Costs to be awarded in accordance with the rules made by High Court The court must award costs according to the specific rules set by the High Court.	If the High Court’s rules fix advocate’s fees for a case type, the trial court will award costs following those rates.
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	Modes of paying money under decree • Money under a decree can be paid into court, directly to the decree-holder, or as directed by the court, with proper written proof. Interest stops running from the date notice of payment is given (if paid in court) or from the date of actual/direct payment.	If a judgment-debtor deposits ₹2 lakh in court towards a decree, he must notify the decree-holder; interest stops from the date of notice. If he transfers the amount directly via bank to the decree-holder, interest stops from the payment date.
			Order21Rule2	Payment out of Court to decree-holder If money under a decree is paid or settled outside court, the decree-holder must inform the court, and the court records it. The judgment-debtor can also report it, but it must be supported by proof, or admitted by the decree-holder; otherwise, the court will not recognize it.	If a tenant ordered to pay ₹1 lakh settles by paying ₹80,000 directly to the landlord, the landlord must certify this in court; if not, the tenant can apply with proof (like a receipt). If neither certifies, the payment won’t count in execution.
			Order21Rule3	Lands situate in more than one jurisdiction If a single estate lies in areas under two or more courts, any one of those courts can attach and sell the whole property.	If farmland spans both District A and District B, either District A Court or District B Court can order attachment and sale of the entire land in execution of a decree.
			Order21Rule4	Transfer to Court of Small Causes If a decree involves a claim not above ₹2,000 and is of a type that Small Causes Courts can hear, the original court may transfer it to the Small Causes Court in Calcutta, Madras, or Bombay for execution.	If a trader wins a ₹1,500 rent recovery case in a local court, and execution is needed in Bombay, the decree can be sent to the Bombay Small Causes Court, which will execute it as its own decree.
			Order21Rule5	Mode of transfer When a decree is sent for execution, the court that passed it sends it directly to another court, even in a different state; if that court lacks jurisdiction, it must forward it to the proper court.	If a Delhi court passes a money decree against a debtor living in Jaipur, it can send the decree directly to a Jaipur court; if that court lacks authority, it must transfer it to the correct local court.
			Order21Rule6	Procedure where Court desires that its own decree shall be executed by another Court When one court wants another court to execute its decree, it must send the decree copy, a certificate about how much (if any) has already been satisfied, and a copy of any execution order (or a certificate if none exists).	If a Mumbai court partly recovers ₹50,000 from a decree of ₹1,00,000 but the debtor has assets in Pune, it will send the decree copy, a certificate showing ₹50,000 remains, and any execution order to the Pune court for further execution.
			Order21Rule7	Court receiving copies of decree, etc., to file same without proof When a court receives a decree and related documents from another court for execution, it must file them without demanding extra proof, unless it records special reasons for requiring such proof.	If a Delhi court receives a decree copy and certificate from a Mumbai court for execution, it will directly file them as valid. Only if the judge finds a special reason (e.g., doubt about authenticity) can additional proof be asked.
			Order21Rule8	Execution of decree or order by Court to which it is sent When a decree is sent to a District Court, that court can either execute it itself or transfer it to a subordinate court that has proper jurisdiction.	If a Jaipur decree is sent to the Delhi District Court, the District Court may enforce it directly or assign it to a Delhi Civil Judge if the matter falls under their jurisdiction.
			Order21Rule9	Execution by High Court of decree transferred by other Court If a decree is transferred to a High Court for execution, the High Court will execute it just like it executes decrees passed by itself in its original civil jurisdiction.	If a District Court in Lucknow transfers a decree to the Allahabad High Court for execution, the High Court will treat it as if it had originally passed that decree itself.
			Order21Rule10	Application for execution If someone who has won a decree (the decree-holder) wants to get it executed, they must apply either to the Court that passed the decree, its appointed officer, or, if the decree has been transferred, to the Court where it has been sent.	If Ramesh wins a money decree in Delhi District Court, he can apply there for execution. But if the decree is transferred to Mumbai Court for execution, then Ramesh must apply in Mumbai Court instead.
			Order21Rule11	Oral application A decree-holder can ask for immediate execution orally (if it’s a money decree and the debtor is in court), otherwise, they must file a written application giving full case and decree details, along with how execution is sought.	If Seema wins a ₹1,00,000 decree and the debtor is present in court, she can orally request his arrest. But if she wants his property attached later, she must file a detailed written application.
			Order21Rule11A	Application for arrest to state grounds If the decree-holder wants the judgment-debtor to be arrested, the application must clearly mention the reasons or be supported with an affidavit stating those grounds.	If Ram refuses to pay despite having money, Shyam (decree-holder) must file an application/affidavit explaining this willful default to seek Ram’s arrest.
			Order21Rule12	Application for attachment of movable property not in judgment-debtor’s possession If the decree-holder seeks attachment of movable property of the judgment-debtor that is with someone else, he must submit an inventory describing the property accurately.	If Shyam’s car (owned by him) is kept with his friend Mohan, Ram (decree-holder) must file an application with an inventory describing the car for attachment.
			Order21Rule13	Application for attachment of immovable property to contain certain particulars When applying for attachment of immovable property, the decree-holder must clearly describe the property (with boundaries/survey numbers if possible) and specify the debtor’s share or interest in it.	If Ram seeks attachment of Shyam’s house, the application should mention: “House No. 45, Sector 10, Gurugram, bounded by Mr. X’s house on the north, Mr. Y’s house on the south” and also state Shyam’s ownership/share in it.
			Order21Rule14	Power to require certified extract from Collector’s register in certain cases If land is recorded in the Collector’s office, the Court may ask the decree-holder to produce a certified extract from that register, showing who owns it, who has transferable rights, or who is liable for revenue, along with their shares.	If Mohan applies to attach Ramesh’s agricultural land, the Court may direct him to bring a certified extract from the Collector’s register confirming that Ramesh is recorded as the owner and liable for revenue payment.
			Order21Rule15	Application for execution by Joint decree-holders When a decree is in favor of multiple people (joint decree-holders), any one of them can apply for executing the whole decree for everyone’s benefit, including the legal heirs of any deceased holder. The Court will also ensure that the rights of those who didn’t join the application are protected.	Suppose a Court passes a money decree in favor of A, B, and C jointly. A alone can file for execution on behalf of all three. If C has passed away, the decree can still be executed for A, B, and C’s legal heirs, and the Court will safeguard their interests.
			Order21Rule16	Application for execution by transferee of decree If a decree-holder transfers his rights in a decree (by written assignment or law), the transferee can apply for execution, but only after notice is given to the transferor and judgment-debtor to hear objections. However, if a money decree is transferred to one of the judgment-debtors, it cannot be enforced against the others.	A has a money decree against X and Y. A assigns his decree to B. B can apply for execution after notice to A and X/Y. But if Y buys A’s decree, Y cannot use it to recover money from X.
			Order21Rule17	Procedure on receiving application for execution of decree When an execution application is filed, the Court checks if all requirements (Rules 11–14) are met; if defects exist, it allows correction, failing which the application may be rejected (except for minor inaccuracies in amounts). Once admitted, the Court registers it and orders execution as per the decree.	If B files for execution of a money decree against X but forgets to mention the amount due, the Court may let him correct it; once corrected, the application is valid from the original filing date.
			Order21Rule18	Execution in case of cross-decrees When two parties have money decrees against each other (cross-decrees), the smaller amount is set off against the larger, and only the balance is executed; if equal, both are treated as satisfied.	A holds a decree against B for Rs. 1,000. B holds a decree against A for payment of Rs. 1,000 in case A fails to deliver certain goods at a future day. B cannot treat his decree as a cross-decree under this rule.
			Order21Rule19	Execution in case of cross-claims under same decree When the same decree orders both parties to pay each other money, the smaller amount is adjusted against the larger, and only the balance can be executed; if equal, the decree is fully satisfied.	In one decree, A is entitled to ₹80,000 from B, and B is entitled to ₹50,000 from A. The Court sets off ₹50,000, so A can execute only for ₹30,000.
			Order21Rule20	Cross-decrees and cross-claims in mortgage suits The rules of cross-decrees and cross-claims also apply in mortgage suits where decrees for sale are passed, meaning mutual money liabilities can be set off before execution.	If in a mortgage suit, the Court orders A to recover ₹5,00,000 by sale of mortgaged property and B to recover ₹3,00,000 from A in the same case, only the balance ₹2,00,000 can be executed.
			Order21Rule21	Simultaneous execution The Court has the discretion to not allow execution against both the person (arrest/detention) and property of the judgment-debtor at the same time.	If A owes ₹1,00,000 to B, the Court may allow attachment of A’s house or arrest of A, but not both simultaneously.
			Order21Rule22	Notice to show cause against execution in certain cases If execution is sought after 2 years, or against a legal representative/insolvent’s receiver, the Court usually issues a notice to show cause before execution, unless delay defeats justice.	If B applies in 2025 to execute a 2022 decree against A’s son (since A died), the Court will first send a notice to the son asking why execution should not proceed.
			Order21Rule22A	Sale not be set aside on the death of the judgment-debtor before the sale but after the service of the proclamation of sale If a judgment-debtor dies after the sale notice is issued but before the actual sale, the sale remains valid unless the legal representative proves they were prejudiced.	If A’s house is proclaimed for sale, and A dies before the sale but after proclamation, the sale stands unless A’s heir shows it caused unfair prejudice.
			Order21Rule23	Procedure after issue of notice If the person served with notice under Rule 22 does not appear or fails to show valid reasons, the Court proceeds with execution. If objections are raised, the Court will hear them and decide accordingly.	If B (legal representative of debtor) gets notice and doesn’t respond, the Court executes the decree; but if B objects saying the debt is already paid, the Court will first decide on that objection.
			Order21Rule24	Process for execution Once all required steps are done, the Court issues an official execution order (with date, signature, and seal), mentioning when it must be carried out and returned.	If A wins a money decree against B, the Court issues a warrant of attachment of B’s property dated and signed, to be executed within 30 days and reported back to Court.
			Order21Rule25	Endorsement on process The officer carrying out execution must note on the process how/when it was done, or why it failed/delayed, and return it to Court. If he says it couldn’t be executed, the Court will question him (and witnesses if needed) before recording the result.	If a bailiff goes to attach B’s shop but finds it locked, he must endorse that reason; the Court may then ask him and witnesses whether attachment was really not possible.
			Order21Rule26	When Court may stay execution A Court where a decree is sent for execution may stay (pause) execution if the judgment-debtor shows valid reasons, giving him time to approach the original or appellate Court. If property/person is already seized, the Court may restore property or release the person but can require security or impose conditions before granting the stay.	If A’s house is attached for B’s decree, A can ask the executing Court to stay execution while he files an appeal. The Court may release the house temporarily, but only after A gives security (like money deposit or guarantee).
			Order21Rule27	Liability of judgment-debtor discharged If the Court releases the property or person of a judgment-debtor under Rule 26 (stay of execution), it does not mean permanent freedom—they can be seized again later to satisfy the decree.	If A’s car is released during a stay of execution, it can still be re-attached later once the stay ends.
			Order21Rule28	Order of Court which passed decree or of Appellate Court to be binding upon Court applied to The Court executing a decree must follow any order made by the Court that passed the decree or by the Appellate Court; it cannot go against those directions.	If the Appellate Court orders a temporary halt on execution, the executing Court must stop the process even if it has already begun.
			Order21Rule29	Stay of execution pending suit between decree-holder and judgment-debtors If the judgment-debtor files a case against the decree-holder while execution is going on, the Court may pause (stay) the execution until that case is decided. But if the decree is about payment of money, and the Court grants a stay without asking for security, it must record the reasons.	Suppose A (decree-holder) gets a money decree against B (judgment-debtor). B then files a case against A claiming fraud in the transaction. The Court may stay A’s execution proceedings until B’s new case is decided, but if it does so without asking B to give security, the Court must explain why.
			Order21Rule30	Decree for payment of money A money decree can be enforced by sending the judgment-debtor to civil prison, attaching and selling their property, or both.	If A is ordered to pay B ₹2,00,000 and does not pay, the Court may auction A’s car or send A to civil prison.
			Order21Rule31	Decree for specific movable property A decree for specific movable property is enforced by seizing and delivering the item, or by detaining/attaching the judgment-debtor’s property; if not complied within 3 months, the attached property can be sold for compensation.	If a court orders A to return B’s gold necklace and A refuses, the court may seize and deliver it, or sell A’s attached property and give B compensation.
			Order21Rule32	Decree for specific performance for restitution of conjugal rights, or for an injunction A decree for specific performance, injunction, or restitution of conjugal rights can be enforced by detaining the debtor, attaching their property, or both; if still disobeyed for six months, the property may be sold or the act done by someone else at the debtor’s cost.	If A is ordered to transfer a car to B but refuses, the court can attach A’s property or detain him; if A still disobeys for six months, the car can be sold or delivered to B by a court-appointed person at A’s expense.
			Order21Rule33	Discretion of Court in executing decrees for restitution of conjugal rights The Court can enforce a restitution of conjugal rights decree by directing periodical payments from the husband if he disobeys, and it can modify, suspend, or review these payments as needed.	If a husband does not resume marital cohabitation, the Court may order him to pay ₹15,000 monthly to his wife, later increasing or temporarily suspending the payments depending on circumstances.
			Order21Rule34	Decree for execution of document, or endorsement of negotiable instrument If a decree orders a party to execute a document or endorse a negotiable instrument and they refuse, the Court can finalize the draft and execute it on their behalf.	If A is ordered to sign a lease deed for B and refuses, the Court can prepare the deed, allow A to raise objections, and then sign and register it in the Court’s name, making it legally valid.
			Order21Rule35	Decree for immovable property If a decree orders delivery of immovable property, the Court ensures possession is handed to the decree-holder, even by removing anyone refusing to vacate.	If A wins a suit against B for a house, and B refuses to leave, the Court can physically remove B and hand over the house to A or A’s authorized representative.
			Order21Rule36	Decree for delivery of immovable property when in occupancy of tenant If a tenant or occupant not bound by the decree holds the property, the Court delivers the decree by publicly proclaiming it and affixing a copy on the property.	If A wins a house against B, who rents it to C, the Court posts the decree on the house and publicly announces it to C instead of forcibly evicting them.
			Order21Rule37	Discretionary power to permit judgment-debtor to show cause against detention in prison Before arresting a judgment-debtor for non-payment, the Court may issue a notice to appear and explain why they shouldn’t be imprisoned.	If A has a decree against B for ₹1 lakh, the Court can first call B to show cause before sending them to civil prison, unless B is likely to abscond.
			Order21Rule38	Warrant for arrest to direct judgment-debtor to be brought up A warrant for a judgment-debtor’s arrest instructs the officer to bring them to Court quickly, unless they pay the amount due before arrest.	If B owes ₹2 lakh under a decree, the arrest warrant will bring B to Court unless B pays the ₹2 lakh plus interest and costs beforehand
			Order21Rule39	Subsistence allowance Before arresting a judgment-debtor, the decree-holder must deposit enough money for the debtor’s basic subsistence, which is treated as court costs.	If A is to be arrested for owing ₹1 lakh, B (decree-holder) must pay for A’s food and lodging in prison until A appears in Court.
			Order21Rule40	Proceedings on appearance of judgment-debtor in obedience to notice or after arrest When a judgment-debtor appears or is brought to Court, the Court hears the decree-holder, allows the debtor to explain, and may order detention in civil prison or release on security.	If A owes ₹50,000 and appears in Court, the Court may detain A, let him furnish security, or release him temporarily while the decree is settled.
			Order21Rule41	Examination of judgment-debtor as to his property The Court can order the judgment-debtor (or company officer) to disclose property, debts, or assets through oral examination or affidavit, and non-compliance may lead to civil prison.	If B doesn’t pay ₹1,00,000 within 30 days, the Court may order B to file an affidavit of assets; if B disobeys, he may be jailed up to 3 months.
			Order21Rule42	Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined Even if the exact rent/mesne profits or amount is not yet fixed, the Court can attach the judgment-debtor’s property in advance, just like in a money decree.	If A is ordered to pay mesne profits (to be calculated later), the Court may attach A’s land immediately to secure payment.
			Order21Rule43	Attachment of movable property, other than agricultural produce, in possession of judgment-debtor Movable property (not crops) of the judgment-debtor is attached by physically seizing it and keeping it in safe custody; if it is perishable or costly to store, it can be sold immediately.	If A’s furniture is seized for debt recovery, the officer keeps it; but if it’s fresh fish, it may be sold on the spot.
			Order21Rule43A	Custody of movable property If attached property like cattle or farm tools cannot be moved, it may be left with a responsible local custodian; if he fails to return it in the same condition, he must compensate the affected party.	If A’s cow is attached and kept with a villager as custodian, but the cow dies due to his neglect, he must pay damages to A or the decree-holder.
			Order21Rule44	Attachment of agricultural produce Agricultural produce is attached by posting the warrant on the land (if crops are growing) or on the threshing floor/fodder stack (if harvested), and also at the debtor’s house, after which it is treated as Court’s possession.	If a farmer’s wheat crop is standing in the field, the officer will paste the attachment notice on that land and on his house, making the crop legally under Court’s control.
			Order21Rule45	Provisions as to agricultural produce under attachment When crops are attached, the Court manages their custody, but the farmer (judgment-debtor) is usually allowed to take care of them until harvest, under Court supervision.	If paddy is attached, the farmer can still water and harvest it, but if he neglects it, the decree-holder may do so with Court’s permission, and the costs will be added to the farmer’s liability.
			Order21Rule46	Attachment of debt, share and other property not in possession of judgment-debtor If the property of a judgment-debtor is not in his possession (like debts owed to him, company shares, or movable property held by others), the Court attaches it by ordering those holding it not to release or transfer it.	If ‘A’ owes ₹50,000 to judgment-debtor ‘B’, and ‘B’s creditor gets an attachment order, then ‘A’ cannot pay ‘B’ directly but must pay into Court instead.
			Order21Rule46A	Notice to garnishee If someone (garnishee) owes money to the judgment-debtor, the Court can order that person to pay the money directly into Court for satisfying the decree.	If ‘C’ owes ₹1,00,000 to judgment-debtor ‘B’, and ‘B’ must pay decree-holder ‘A’, the Court can order ‘C’ to pay ‘A’ (through Court) instead of paying ‘B’.
			Order21Rule46B	Order against garnishee If the garnishee neither pays the debt into Court nor appears to explain, the Court can order recovery from him as if he were a judgment-debtor himself.	If ‘C’ ignores the Court’s notice to pay ₹1,00,000 he owes to ‘B’ (judgment-debtor), the Court may treat ‘C’ like a debtor and recover the amount directly from him for decree-holder ‘A’.
			Order21Rule46C	Trial of disputed questions If the garnishee denies owing money, the Court will conduct a trial like in a normal suit to decide liability. If the amount exceeds the Court’s pecuniary limit, the case is sent to the District Judge.	If ‘C’ says he doesn’t owe any money to ‘B’ (judgment-debtor), the Court will hold a trial. If the disputed debt is ₹25 lakhs and the lower Court’s limit is ₹10 lakhs, the case is transferred to the District Judge.
			Order21Rule46D	Procedure where debt belongs to third person If it seems the attached debt belongs to a third person or that person has a lien/charge on it, the Court will call them to appear and prove their claim.	If ‘C’s’ salary is attached for ‘B’s’ debt, but ‘D’ claims he already has a lien on that salary (like an advance loan deduction), the Court will summon ‘D’ to prove it.
			Order21Rule46E	Order as regards third person After hearing the third person’s claim (or if they fail to appear), the Court may pass suitable orders—either enforcing the decree or protecting the third person’s lien/interest as it finds just.	If ‘D’ proves he has a valid lien on ‘C’s’ attached salary, the Court may first allow ‘D’s’ lien to be satisfied before giving the balance to the decree-holder.
			Order21Rule46F	Payment by garnishee to be valid discharge If the garnishee pays money to the Court as ordered, that payment is considered a valid discharge of his liability to the judgment-debtor or any claimant, even if later the decree is reversed or set aside.	If ‘B’ (garnishee) pays ₹50,000 to the Court on order, he cannot be asked to pay it again to ‘A’ (judgment-debtor) if the decree is later cancelled—his duty is treated as fulfilled.
			Order21Rule46G	Costs The Court has full discretion to decide who will bear the costs of applications and proceedings under Rule 46A—it may order either party to pay or divide the costs as it thinks fit.	If the judgment-debtor unnecessarily drags the proceedings, the Court may order him to pay the costs; but if the garnishee caused delays, costs may be imposed on him instead.
			Order21Rule46H	Appeals Any order passed under Rule 46B (against garnishee), Rule 46C (trial of disputed liability), or Rule 46E (third person’s claim) is treated as a decree, which means it can be appealed like a regular decree.	If a garnishee is ordered to pay money to satisfy a decree and he disagrees, he can file an appeal against that order just as he could against a normal court decree.
			Order21Rule46I	Application to negotiable instruments The rules about garnishee proceedings (Rules 46A to 46H) also apply to negotiable instruments (like cheques, promissory notes, bills of exchange) if they are attached in execution, just as they apply to debts.	If a cheque payable to the judgment-debtor is attached by the court, the person holding that cheque (like a garnishee) must comply with court orders in the same way as if it were a debt.
			Order21Rule47	Attachment of share in movables If the judgment-debtor owns a share in movable property along with someone else (co-owner), the court can attach only his share. The attachment is done by sending him a notice stopping him from transferring or creating any charge on that share.	If the judgment-debtor jointly owns a car with his brother, the court can attach only his share in the car by prohibiting him from selling or mortgaging it.
			Order21Rule48	Attachment of salary or allowances of servant of the Government or railway company or local authority This rule means that if a Government servant’s (or railway, local authority, or Govt. company employee’s) salary is attached by Court, the disbursing authority must directly deduct and send the ordered amount to the Court, either lump sum or in instalments.	If a Govt. employee owes ₹1,00,000, the Court may order ₹20,000/month deduction from his salary, which the Treasury must remit to the Court until recovery is complete.
			Order21Rule48A	Attachment of salary or allowances of private employees This rule allows Courts to attach the salary/allowances of private employees, directing the employer to deduct and send the money to Court; if already under attachment, the employer must inform the Court.	If a private company employee owes ₹50,000, the Court may order his HR/payroll to deduct ₹10,000/month and remit it to Court until recovery.
			Order21Rule49	Attachment of partnership property This rule says partnership property can’t be attached for an individual partner’s debt, but the Court may charge that partner’s share and profits to satisfy the decree, even appointing a receiver or ordering sale if needed.	If Partner A of a firm owes ₹1 lakh personally, the Court won’t sell the firm’s assets directly but can attach Partner A’s share of profits or interest in the partnership to recover the debt.
			Order21Rule50	Execution of decree against firm A decree against a firm can be executed against partnership property and against partners who were served, admitted, or adjudged as partners.	If a creditor gets a decree against “XYZ & Co.”, the court can attach firm property or Partner A’s assets (if he was served/admitted as partner), but not Partner B’s assets unless he was properly served.
			Order21Rule51	Attachment of negotiable instruments A negotiable instrument (like a cheque, promissory note, bill of exchange) can be attached only by seizing it and depositing it in Court.	If a judgment-debtor holds a promissory note, the Court officer must seize it and submit it to the Court for further orders.
			Order21Rule52	Attachment of property in custody of Court or public officer If the judgment-debtor’s property is already with a Court or public officer, attachment is done by sending them a notice to hold it until further Court orders.	If shares of the debtor are deposited in another Court, that Court is notified to keep them frozen until the executing Court decides.
			Order21Rule53	Attachment of decrees If a decree itself is treated as property, it can be attached by the Court (either directly or through notice to another Court), and the attaching creditor can execute it to recover money.	If A has a decree against B, and A owes money to C, then C can attach A’s decree and recover directly from B.
			Order21Rule54	Attachment of immovable property When immovable property is attached, the Court prohibits the judgment-debtor from selling/charging it and publicly notifies the attachment (by proclamation and affixing notices).	If A owes money to B and owns a house, the Court orders that A cannot sell/mortgage the house, and a notice is pasted on the house and Court building.
			Order21Rule55	Removal of attachment after satisfaction of decree An attachment on property is removed once the decree is satisfied—either by paying the full amount (with costs), by Court-certified settlement, or if the decree is overturned.	If A’s house was attached for B’s debt, but A pays the full dues or the Court cancels the decree, the attachment is lifted, and A may ask the Court to publicly announce this removal.
			Order21Rule56	Order for payment of coin or currency notes to party entitled under decree If the attached property is money (coins or currency notes), the Court can order that the required amount be directly handed over to the decree-holder at any time while the attachment continues.	If ₹1,00,000 in cash is attached from A for B’s decree of ₹60,000, the Court may order ₹60,000 to be given to B immediately.
			Order21Rule57	Determination of attachment If property is attached in execution of a decree and later the Court dismisses the execution application, the Court must decide whether the attachment continues or ends and mention the time limit. If the Court does not specify, the attachment automatically ends.	If a house is attached for recovery but the execution petition is dismissed, the Court may say the attachment lasts for 3 more months — but if no such order is given, the attachment ends immediately.
			Order21Rule58	Adjudication of claims to or objections to attachment of, property If someone objects that attached property doesn’t belong to the judgment debtor, the Court will decide the issue itself (like ownership, rights, or interest). If the objection is valid, property may be released; if not, attachment continues — and this order is treated like a decree.	If A’s house is attached for B’s debt and A proves ownership, the Court will release it; if not, the attachment stays.
			Order21Rule59	Stay of sale If an objection/claim is raised after the property is advertised for sale, the Court can pause or conditionally allow the sale until the claim is decided.	If X’s land (attached for Y’s debt) is already listed for auction, the Court may stop the auction or allow it but hold back confirmation until X’s ownership claim is settled.
			Order21Rule60	Omitted
			Order21Rule61	Omitted
			Order21Rule62	Omitted
			Order21Rule63	Omitted
			Order21Rule64	Power to order property attached to be sold and proceeds to be paid to person entitled The Court can sell the attached property and give the sale money to the decree-holder to satisfy the decree.	If A wins a money decree against B for ₹5 lakh, the Court may sell B’s attached car and pay the proceeds to A.
			Order21Rule65	Sales by whom conducted and how made Court sales are usually done through its officer (or an appointed person) and must be conducted by public auction.	If B’s land is attached for A’s decree, the Court officer will sell it in a public auction so buyers can bid openly.
			Order21Rule66	Proclamation of sales by public auction Before selling property in execution, the Court must issue a public notice (proclamation) with details like time, place, property description, charges, and decree amount, after informing both decree-holder and judgment-debtor.	If A’s house is to be sold for B’s decree, the Court publishes a proclamation mentioning the house details, any loans on it, the amount due, and auction date.
			Order21Rule67	Mode of making proclamation A sale proclamation must be published like an attachment notice, and if the Court directs, also in a newspaper or Gazette; one notice can cover multiple lots unless separate ones are needed.	If land is divided into 3 plots for auction, one proclamation is enough unless the Court feels each plot needs its own notice.
			Order21Rule68	Time of sale A sale can only happen after 15 days for immovable property and 7 days for movable property from the date the proclamation is affixed in Court, unless the judgment-debtor gives written consent.	If a house is to be auctioned, the sale cannot occur before 15 days from the notice being posted in court.
			Order21Rule69	Adjournment or stoppage of sale The Court or sale officer can adjourn (postpone) a sale but must record reasons. If the sale is postponed for more than 30 days, a new proclamation is required unless the judgment-debtor agrees otherwise. A sale must be stopped immediately if the debtor pays or proves payment of the decree amount plus costs before the property is sold.	If a debtor pays the full outstanding dues just before the auction hammer falls, the sale must be stopped.
			Order21Rule70	Omitted
			Order21Rule71	Defaulting purchaser answerable for loss on re-sale If a purchaser defaults and the property is re-sold at a lower price, the defaulting purchaser must pay the loss and any re-sale expenses. The court can recover these amounts from the defaulting purchaser like a money decree.	If a buyer fails to pay ₹10 lakh for a property and it is re-sold for ₹9 lakh, the defaulting buyer must pay the ₹1 lakh shortfall plus re-sale costs.
			Order21Rule72	Decree holder not to bid for or buy property without permission A decree-holder cannot buy property sold in execution of their own decree without court permission. If they do with permission, the decree amount can be adjusted against the purchase; if without permission, the sale can be set aside and the decree-holder bears all costs and losses.	If a creditor’s decree is ₹10 lakh and they buy the property for ₹12 lakh with court permission, ₹10 lakh of the decree can be adjusted against the purchase. If done without permission, the sale may be canceled and the creditor pays all extra costs.
			Order21Rule72A	Mortgagee not to bid at sale without the leave of the Court A mortgagee cannot bid for or buy the mortgaged property sold under a decree without the Court’s permission. If allowed, the Court sets a minimum reserve price at least equal to the principal, interest, and costs due under the mortgage.	If a mortgaged property has ₹50 lakh due (principal + interest + costs), the mortgagee can only bid with court permission and cannot offer less than ₹50 lakh unless the Court allows otherwise.
			Order21Rule73	Restriction on bidding or purchase by officers Officers or persons involved in conducting a sale cannot bid for or acquire the property they are handling, directly or indirectly.	If a court officer is managing the auction of a house, they cannot buy the house themselves or through someone else.
			Order21Rule74	Sale of agricultural produce Agricultural produce is sold at or near the land or storage place, but the Court can move the sale to a public spot for better price; if a fair price isn’t offered, the sale can be postponed to the next day or market-day.	A wheat crop is ready for sale on the farm, but if buyers offer too low a price, the sale can be postponed to the next market day.
			Order21Rule75	Special provisions relating to growing crops If a growing crop can be stored, it must be harvested and prepared for storage before sale; if it cannot be stored, it may be sold while still growing, and the buyer can harvest it.	Wheat (storable) must be cut and bundled before the auction, whereas spinach (non-storable) can be sold while still growing, and the buyer can pick it themselves.
			Order21Rule76	Negotiable instruments and shares in corporations Negotiable instruments or corporate shares can be sold through a broker instead of a public auction, as authorized by the Court.	A promissory note or a share in a company can be sold via a registered broker to recover the decree amount.
			Order21Rule77	Sale by public auction Movable property sold at public auction must be paid immediately, or it will be re-sold; once paid, the sale is final. If a co-owner bids the same amount as another, it counts as the co-owner’s bid.	A table is auctioned for ₹10,000; if the buyer fails to pay immediately, the table will be auctioned again. If a co-owner bids ₹10,000, it is treated as their bid.
			Order21Rule78	Irregularity not to vitiate sale, but any person injured may sue Minor mistakes in conducting or announcing the sale of movable property do not cancel the sale, but anyone harmed by such mistakes can sue for compensation or recover the property.	If a chair is sold with a wrong notice date, the sale stands, but someone affected by this error can claim the chair back or seek damages.
			Order21Rule79	Delivery of movable property, debts and shares Movable property, debts, or shares sold in execution must be delivered to the purchaser, and the Court ensures no one else can transfer or receive them.	If a debtor’s bike is sold, it is handed to the buyer; if a share is sold, the company must transfer it only to the purchaser.
			Order21Rule80	Transfer of negotiable instruments and shares If a negotiable instrument or corporate share needs a signature or endorsement to transfer, the Court or its officer can sign on behalf of the judgment-debtor. Any interest or dividends received by a Court-appointed person are valid as if collected by the original owner.	A court officer signs a share transfer form for a debtor, and any dividends collected go to the purchaser as if the debtor had signed.
			Order21Rule81	Vesting order in case of other property For movable property not specifically covered by other rules, the Court can issue an order transferring ownership to the purchaser. Once the order is made, the property legally belongs to the purchaser.	A court orders that a piece of machinery sold in execution of a decree be vested in the purchaser, making them the legal owner.
			Order21Rule82	What Court may order sales Any Court, except a Court of Small Causes, has the power to order the sale of immovable property to enforce a decree.	If a District Court passes a decree for recovery of money, it can order the sale of the debtor’s house to satisfy the judgment.
			Order21Rule83	Postponement of sale to enable judgment-debtor to raise amount of decree If a judgment-debtor can show that the decree amount can be raised by mortgaging, leasing, or privately selling property, the Court may postpone the sale to allow this. All money raised must be paid into Court and the transaction is confirmed only with the Court’s approval.	A debtor’s house is ordered for sale, but he plans to mortgage another property to pay the decree; the Court can delay the sale until he arranges the funds.
			Order21Rule84	Deposit by purchaser and re-sale on default The purchaser of immovable property must immediately pay 25% of the purchase price as a deposit, or the property will be re-sold. If the decree-holder buys and can set off the amount under rule 72, this deposit may be waived.	A person buys a property at auction for ₹10 lakh but fails to pay ₹2.5 lakh deposit immediately, so the Court re-auctions the property.
			Order21Rule85	Time for payment in full of purchase money The purchaser must pay the full purchase amount into Court within 15 days of the sale, accounting for any set-off allowed under rule 72.	If a property is sold for ₹10 lakh and the purchaser has a ₹2 lakh set-off under rule 72, they must pay ₹8 lakh into Court within 15 days.
			Order21Rule86	Procedure in default of payment If the purchaser fails to pay the full price within 15 days, their deposit can be forfeited to the Government (after deducting sale expenses), the property will be re-sold, and the purchaser loses all rights to the property or any future sale money.	If a buyer purchases property for ₹20 lakh, pays a 25% deposit (₹5 lakh), but doesn’t pay the balance in 15 days, the Court may forfeit the ₹5 lakh and re-sell the property. The buyer cannot claim back the deposit or any part of the resale price.
			Order21Rule87	Notification on re-sale If a property has to be re-sold because the purchaser failed to pay on time, the Court must issue a fresh sale proclamation (public notice) just like in the first sale, and only then conduct the re-sale.	Suppose a buyer defaults in paying for a property. The Court cannot directly re-sell it the next day—it must again issue a new public notice of auction (with time for publicity), ensuring fairness to all bidders.
			Order21Rule88	Bid of co-sharer to have preference If a share in undivided property is sold and both a co-sharer (co-owner) and another person offer the same highest bid, the law gives preference to the co-sharer’s bid.	If two people bid ₹10 lakhs each for a share in a family property, and one of them is already a co-owner, the Court will treat the co-owner’s bid as accepted to protect his ownership rights.
			Order21Rule89	Application to set aside sale on deposit Anyone with an interest in the property can apply to set aside the sale by depositing 5% of the purchase price for the buyer and the decree amount for the decree-holder in Court.	If a property is sold for ₹10 lakhs to recover a decree of ₹4 lakhs, the applicant must deposit ₹50,000 (5% for purchaser) + ₹4 lakhs (for decree-holder) to set aside the sale.
			Order21Rule90	Application to set aside sale on ground of irregularity or fraud A sale can be set aside if there is material irregularity or fraud in publishing or conducting it, but only if the applicant proves substantial injury caused by it.	If a property worth ₹50 lakhs is wrongly advertised as ₹5 lakhs due to fraud, and sold cheaply, the Court may cancel the sale as it caused loss to the owner.
			Order21Rule91	Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest A purchaser can ask the Court to cancel the sale if it turns out that the judgment-debtor had no ownership or saleable interest in the property sold.	If a house sold in execution actually belongs to someone else (not the judgment-debtor), the purchaser can apply to set aside the sale.
			Order21Rule92	Sale when to become absolute or be set aside A sale becomes final (absolute) if no valid application is made under Rules 89, 90, or 91, but if such an application is allowed, the Court can set aside the sale. If later a third party proves the judgment-debtor had no title, the auction-purchaser gets a refund, and execution restarts.	If A’s house is auctioned and no objection is raised, the sale is final. But if B proves the house never belonged to A, the buyer’s money is refunded, and the case reopens.
			Order21Rule93	Return of purchaser-money in certain cases If a court sets aside a property sale under Rule 92, the auction-purchaser has the right to get back the money paid, with or without interest, as ordered by the Court.	If X buys Y’s property in auction but the sale is later cancelled, X can recover his purchase money (possibly with interest) from the person who received it.
			Order21Rule94	Certificate to purchaser When a property auction sale becomes final, the Court issues a sale certificate mentioning the property details and the purchaser’s name, dated from the day the sale became absolute.	If A buys B’s property in a court auction and the sale is confirmed, the Court gives A a sale certificate declaring him the lawful owner.
			Order21Rule95	Delivery of property in occupancy of judgment-debtor If the auctioned property is still occupied by the judgment-debtor (or someone claiming through him after attachment), once the sale certificate is issued, the Court will put the purchaser in possession, even by removing occupants if needed.	A buys B’s house in a court auction. If B refuses to vacate, the Court can remove B and hand over possession to A.
			Order21Rule96	Delivery of property in occupancy of tenant If the sold property is occupied by a tenant or lawful occupant, after the sale certificate is issued, the Court will deliver possession by affixing the certificate on the property and announcing that the judgment-debtor’s rights now belong to the purchaser.	A shop is sold in a court auction but is occupied by a tenant. The Court will not evict the tenant but will notify him that the ownership has transferred to the auction purchaser.
			Order21Rule97	Resistance or obstruction to possession of immovable property If a decree-holder (who has won the case) or an auction purchaser faces resistance in taking possession of property, they can apply to the Court. The Court will then examine and decide the matter under the legal procedure.	A purchaser buys a house in court auction, but the previous owner’s relatives block him from entering. The purchaser can complain to the Court, which will resolve the issue and ensure possession.
			Order21Rule98	Orders after adjudication After deciding the dispute (under Rule 101), the Court will either allow or dismiss the application for possession. If it finds that the obstruction was caused by the judgment-debtor (losing party) or someone acting for him without valid reason, the Court must give possession to the applicant and may even jail the wrongdoer for up to 30 days.	Suppose a buyer wins possession of a house in court auction, but the ex-owner and his friends forcibly block him. The Court, after inquiry, finds that the obstruction was unjustified. The Court will hand over possession to the buyer and may send the ex-owner (or those helping him) to civil prison for up to 30 days.
			Order21Rule99	Dispossession by decree-holder or purchaser If someone (who is not the judgment-debtor) is wrongly thrown out of a property by a decree-holder (the person who won the case) or by a purchaser (in execution sale), that person can apply to the Court. The Court will then inquire into the complaint and decide as per the rules.	Suppose A is a tenant living in a shop. B (landlord) loses a case and his property is sold in court auction to C. If C, the purchaser, forcefully throws A out even though A is a lawful tenant, A can complain to the Court. The Court will investigate and may restore possession to A if he has a valid right to occupy.
			Order21Rule100	Order to be passed upon application complaining of dispossession When the Court decides on a complaint of wrongful dispossession (under Rule 99), it will either: (a) allow the complaint and order that the applicant be restored to the property, or dismiss it, OR (b) pass any other order it finds suitable for justice.	If A (tenant) is wrongfully thrown out by a decree-holder/purchaser, and the Court finds A’s possession lawful, it will order that A be put back in possession. If A had no lawful right, the Court will dismiss the complaint.
			Order21Rule101	Question to be determined All disputes about right, title, or interest in the property in cases of resistance (Rule 97) or dispossession (Rule 99) must be decided by the same executing court, not through a separate suit.	If X claims ownership and resists Y’s decree for possession, the executing court itself will decide whether X has a valid ownership right, instead of asking X to file a new civil suit.
			Order21Rule102	Rules not applicable to transferee lite pendente If the judgment-debtor transfers the property after the case has already started, the transferee cannot use Rules 98 or 100 to resist possession or complain of dispossession.	A sells his house to B after a suit for possession is filed. If the court decrees possession to C, then B (transferee pendente lite) cannot stop C from taking possession.
			Order21Rule103	Orders to be treated as decrees Any order passed by the court under Rule 98 or Rule 100 will be treated just like a decree, meaning it can be appealed or enforced in the same way.	If the court orders that X be given possession of property under Rule 98, Y (the obstructer) can file an appeal against it as if it were a decree.
			Order21Rule104	Orders under rule 101 or rule 103 to be subject to the result or pending suit Any order passed under Rule 101 or 103 will be subject to the outcome of any already pending suit where the affected party has claimed a right to possession of the same property.	If A is given possession under Rule 101, but B had already filed a suit earlier claiming ownership, then A’s possession order will depend on the final decision in B’s pending suit.
			Order21Rule105	Hearing of application The Court may fix a date for hearing any application under this Order. If the applicant doesn’t appear, the case may be dismissed. If the applicant appears but the opposite party doesn’t, the Court can hear it ex parte (without the other side) and pass an order.	The Court may fix a date for hearing any application under this Order. If the applicant doesn’t appear, the case may be dismissed. If the applicant appears but the opposite party doesn’t, the Court can hear it ex parte (without the other side) and pass an order.
			Order21Rule106	Setting aside orders passed ex parte, etc If an order is passed ex parte (without one party present) or due to a party’s non-appearance, that party can apply within 30 days to set it aside by showing a valid reason for absence. The Court, after notifying the other side, may cancel the order and fix a new hearing.	If Y’s objection was dismissed because he didn’t appear, but he later proves he was hospitalized, he can file within 30 days to restore his case.
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	Procedure where one of several plaintiffs or defendants dies and right to sue survives • If one of several plaintiffs or defendants dies, and the right to sue continues only with the surviving ones, the court will record this and the case will continue with the remaining plaintiffs or against the remaining defendants.	If A, B, and C jointly sue D, and A dies but the claim can still be pursued by B and C alone, the case will proceed with B and C as plaintiffs.
			Order22Rule3	Procedure in case of death of one of several plaintiffs or of sole plaintiff • If a sole plaintiff or one of several plaintiffs dies and the right to sue still survives, the deceased plaintiff’s legal representative must be added to the case. If no such application is made within the legal time limit, the suit will abate (end) as to that plaintiff, and the defendant can claim litigation costs from the deceased’s estate.	If A and B sue C, and A dies but his claim cannot be continued only by B, then A’s legal heirs must be added to the case. If no one applies within time, the case against A’s part will end, and C may recover his costs from A’s estate.
			Order22Rule4	Procedure in case of death of one of several defentlants or of sole defendant • If a sole defendant or one of several defendants dies and the right to sue survives, the plaintiff must bring the deceased defendant’s legal representative on record; otherwise, the case abates against that defendant. However, if the defendant had not contested, the Court may exempt substitution and still pass judgment, and delay due to ignorance of death can be condoned.	X sues Y and Z. If Y dies, X must add Y’s heirs; if not, the case against Y ends. But if Y never appeared, the Court may still decide against him as if he were alive.
			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	Determination of question as to legal representative • If there is a dispute about whether someone is the legal representative of a deceased party, the Court will decide it; in appeals, the Appellate Court may ask the lower Court to first decide the issue and send back its findings.	If A dies during a suit and both B (son) and C (nephew) claim to be A’s legal representative, the Court will decide who should represent A in the case.
			Order22Rule6	No abatement by reason of death after hearing • Even if a party (plaintiff or defendant) dies after the hearing is completed but before the judgment is delivered, the case will not abate (end). The Court can still pronounce the judgment, and it will be valid as if the person were alive when it was delivered.	Suppose in a property dispute case, both parties finish their arguments on 1st September. The judgment is reserved and scheduled for 15th September. If the defendant dies on 10th September, the Court can still pronounce its judgment on 15th September, and it will bind the defendant’s legal heirs as well.
			Order22Rule7	Suit not abated by marriage of female party • A woman’s marriage during a case does not stop the suit; the decree can be enforced against her, and if the husband is legally responsible for her debts or entitled to her rights, it may also be executed against or by him with Court’s permission.	If a woman is sued for an unpaid loan and gets married during the case, the decree will still apply to her, and if law makes her husband liable for her debts, the Court may allow execution against him too.
			Order22Rule8	When plaintiff's insolvency bars suit • If a plaintiff becomes insolvent, the case does not end unless the insolvency receiver/assignee refuses to continue it or fails to give security for costs. In that situation, the defendant can seek dismissal, and costs will be recovered from the insolvent plaintiff’s estate.	If a person suing for recovery of money is declared insolvent, the insolvency receiver can continue the case. But if the receiver does not proceed, the Court may dismiss the suit and allow the defendant to claim litigation costs from the plaintiff’s estate.
			Order22Rule9	Effect of abatement or dismissal • If a suit abates or is dismissed, no fresh suit can be filed on the same cause of action. However, the plaintiff, legal heir, or insolvency receiver can apply to restore it by showing a valid reason for not continuing earlier. Delay in such applications can be condoned under the Limitation Act.	If a plaintiff dies during a property case and his heirs fail to join in time, the suit abates. But if they later prove genuine reasons (like lack of knowledge of death), the Court may set aside the abatement and restore the case.
			Order22Rule10	Procedure in case of assignment before final order in suit • If during a pending suit, someone’s interest is transferred (by sale, assignment, inheritance, etc.), that person can, with the Court’s permission, continue the case. Even attaching a decree during appeal is treated as such an interest.	If A sues B for land and, before judgment, A sells the land to C, then with Court’s permission, C can continue the case in place of A.
			Order22Rule10A	Duty of pleader to communicate to Court death of a party If a lawyer learns that their client has died, they must inform the Court. The Court will then notify the other party, and the lawyer’s authority is treated as continuing for this limited purpose.	If A’s lawyer learns A has passed away during the case, he must inform the Court so notice can be sent to B (the opposite party).
			Order22Rule11	Application of Order to appeals This rule says that the same provisions about death, insolvency, abatement, etc., which apply to suits, also apply to appeals. For this purpose, “plaintiff” means appellant, “defendant” means respondent, and “suit” means appeal.	If an appellant (like a plaintiff in appeal) dies during the appeal, the procedure for bringing legal heirs will be the same as in a suit.
			Order22Rule12	Application of Order to proceedings This rule clarifies that the provisions about abatement due to death (Rule 3 & 4) and effect of abatement/dismissal (Rule 8) do not apply to execution proceedings.	If a judgment-debtor or decree-holder dies during execution, the execution case does not abate like a normal suit — it continues under separate execution law provisions.
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.
			Order23Rule1A	When transposition of defendants as plaintiffs may be permitted If the plaintiff withdraws or abandons the suit, a defendant can request to be made a plaintiff (transposed). The Court will allow this only if that defendant has a substantial issue to be decided against the other defendants.	Suppose A (plaintiff) sues B and C for ownership of property. If A withdraws the suit, but B also claims ownership against C, then B may be transposed as plaintiff to continue the case against C.
			Order23Rule2	Limitation law not affected by first suit • Filing a fresh suit after withdrawing the first one does not stop or extend the limitation period; it runs as if the first suit never existed.	If limitation ends in 2023 and the first suit was withdrawn in 2022, a new suit filed in 2024 will be time-barred
			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.
			Order23Rule3B	No agreement or compromise to be entered in a representative suit without leave of Court In representative suits, no compromise or settlement can be made without the court’s permission. If done without such leave, it is void. Before granting permission, the court must notify all interested persons.	In a suit filed under Section 92 CPC (public charitable trust), if parties try to settle privately without the court’s approval, such settlement is invalid because it affects the rights of beneficiaries not directly part of the case
			Order23Rule4	Proceedings in execution of decrees not affected The rules in this Order do not apply to cases where a decree or order is being executed; execution proceedings follow their own rules.	If a court has already decreed the payment of money and the decree-holder files for recovery, the procedural rules for representative suits or substitution of parties in this Order will not affect the execution process.
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	Interest on deposit not allowed to plaintiff after notice • Once the plaintiff is notified that the defendant has deposited money in Court, the plaintiff cannot claim interest on that amount from the date of notice, even if the deposit is partial or full.	If a defendant deposits ₹1,00,000 in Court for a claim of ₹1,20,000 and the plaintiff is notified, the plaintiff cannot claim interest on the ₹1,00,000 from the date of notice.
			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.
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	Where witness resides within Court’s jurisdiction If a witness lives within the Court’s local jurisdiction, the Court can issue a commission and appoint any suitable person to examine them.	A witness lives in the same city as the Court, so the Court appoints a local magistrate to record their deposition.
			Order26Rule4	Persons for whose examination commission may issue This rule allows the Court to issue a commission to examine witnesses who (a) live outside its jurisdiction, (b) are about to leave before the hearing date, or (c) are government servants whose absence would harm public service. The Court may send the commission to another Court, pleader, or a suitable person for recording evidence.	If a key witness works as a senior officer in the Government and cannot leave duty to appear in Court, the Court can issue a commission to record his statement at his workplace.
			Order26Rule4A	Commission for examination of any person resident within the local limits of the jurisdiction of the Court The Court has the power to issue a commission to examine even a person who lives within its own jurisdiction, if it feels it is necessary for justice, speedy disposal, or any valid reason. The evidence recorded through such a commission is treated as proper evidence in the case.	Suppose an elderly witness lives in the same city as the Court but is too weak to appear personally. The Court may appoint a commissioner to record his statement at home, and that statement will be valid evidence.
			Order26Rule5	Commission or request to examine witness not within India If a witness lives outside India, the Court can issue a commission or send a letter of request to record that person’s evidence.	In a property dispute in Delhi, if a key witness lives in the USA, the Court may send a letter of request to record their testimony there.
			Order26Rule6	Court to examine witness pursuant to Commission This means that when a Court receives a commission to examine a witness, it must ensure that the witness is examined as directed in the commission.	This means that when a Court receives a commission to examine a witness, it must ensure that the witness is examined as directed in the commission.
			Order26Rule7	Return of commission with depositions of witnesses This rule means that once a commission has been executed (witness examined), the commission along with the recorded evidence (depositions) must be sent back to the Court that issued it, unless directed otherwise. The returned commission and evidence then become part of the official case record.	If a Delhi Court issues a commission to examine a witness in Jaipur, once completed, the Jaipur Court sends the witness’s recorded statements back to Delhi Court, where it becomes part of the suit record.
			Order26Rule8	When depositions may be read in evidence Deposition taken under a commission can be read in evidence only if the witness cannot attend Court (e.g., dead, ill, abroad, government service) or if the Court permits it despite the cause having ceased.	If a witness in the USA gave deposition by commission and later doesn’t appear in India, that deposition can be read as evidence in the suit.
			Order26Rule9	Commissions to make local investigations This rule allows the Court to appoint a commissioner to conduct local investigations such as checking property value, damages, or profits, when necessary to decide the case.	In a property dispute, the Court may appoint a commissioner to visit the land and report its current market value.
			Order26Rule10	Procedure of Commissioner This rule lays down how a Court Commissioner must work: he inspects the site, records evidence, and submits a written report with depositions. The report becomes evidence, but the Court or parties can question him in Court, and if the Court is unsatisfied, it may order further inquiry.	In a boundary dispute, the commissioner inspects the land, submits his report, and if one party alleges bias, the Court may call him for questioning or order a fresh inspection.
			Order26Rule10A	Commission for scientific investigation This rule allows the Court to appoint a Commissioner for scientific investigation when the matter involves technical or scientific issues that the Court cannot conveniently examine itself. The Commissioner investigates and submits a report, which is treated like other commission reports under Rule 10.	In a patent infringement suit, if the dispute involves testing a chemical formula, the Court may appoint a scientific expert as Commissioner to conduct the investigation and report the findings.
			Order26Rule10B	Commission for performance of a ministerial act This rule empowers the Court to appoint a Commissioner for ministerial acts when a task is purely mechanical/administrative and not judicial, and cannot be conveniently done in Court. The Commissioner performs the act and reports back.	If in a property dispute, boundary measurements are required, the Court may appoint a Commissioner (like a surveyor) to measure the land and submit a report.
			Order26Rule10C	Commission for the sale of movable property This rule allows the Court to appoint a Commissioner to sell movable property in Court custody that cannot be conveniently preserved (e.g., perishable goods).	This rule allows the Court to appoint a Commissioner to sell movable property in Court custody that cannot be conveniently preserved (e.g., perishable goods).
			Order26Rule11	Commission to examine or adjust accounts A commission to examine or adjust accounts allows the Court to appoint a person to check or settle financial records in a case.	In a partnership dispute, the Court may appoint a commissioner to examine accounts of profits and losses before deciding the case.
			Order26Rule12	Court to give Commissioner necessary instructions The Court must provide the Commissioner with clear instructions on whether to only record proceedings or also give an opinion.	If a commissioner is appointed to examine property boundaries, the Court may direct him either to just submit measurements or also give his opinion on the disputed boundary; his report will be evidence, but the Court can order further inquiry if not satisfied.
			Order26Rule13	Commission to make partition of immovable property When a preliminary decree for partition is passed, the Court can appoint a commissioner to physically divide the immovable property as per the rights declared.	If siblings win a partition suit over ancestral land, the Court may appoint a commissioner to measure and allot each one’s share according to the decree.
			Order26Rule14	Procedure of Commissioner A Commissioner in partition cases must divide the property into shares as directed, adjust values if needed, and prepare a report with boundaries. The Court may confirm, vary, or set aside the report after hearing objections..	In a partition suit, the Commissioner divides land into 3 equal parts for 3 brothers, adds compensation for unequal land value, submits a report with maps, and the Court passes the final decree after considering objections.
			Order26Rule15	Expenses of commission to be paid into court Before issuing a commission, the Court may direct the concerned party to deposit reasonable expenses for the commission in Court.	If a party seeks a commission for property measurement in a land dispute, the Court may ask that party to first deposit the surveyor’s fee.
			Order26Rule16	Powers of commissioners A Commissioner has the power to examine parties and witnesses, call for documents, and enter land/buildings relevant to the inquiry.	In a boundary dispute, the Commissioner can question neighbors, inspect land records, and physically visit the disputed land to prepare a fair report.
			Order26Rule16A	Questions objected to before the Commissioner If a question asked before a Commissioner is objected to, the Commissioner must record the question, objection, and answer (except where privilege is claimed). The Court later decides if such an answer can be used as evidence.	In a property case, if one party asks a witness about confidential communications with his lawyer, the Commissioner notes the objection but does not record the answer unless the Court later rules privilege doesn’t apply.
			Order26Rule17	Attendance and examination of witnesses before Commissioner The rules for summoning, attending, and examining witnesses before a Commissioner are the same as in Court; the Commissioner is deemed a Civil Court for this purpose, though only the Court can impose penalties if the Commissioner is not a Judge.	If a witness refuses to appear before a Commissioner in a property partition case, the Commissioner can apply to the Court to issue summons or penalties to compel attendance.
			Order26Rule18	Parties to appear before Commissioner When a commission is issued, the Court directs parties to appear before the Commissioner personally or through lawyers/agents. If they fail to appear, the Commissioner can continue proceedings without them.	In a partnership accounts case, if one partner skips the Commissioner’s hearing, the Commissioner can still examine records and submit his report.
			Order26Rule18A	Application of order to execution proceedings The rules about commissions also apply during execution proceedings, not just during the trial stage.	If a decree for partition is under execution, the Court may appoint a Commissioner to physically divide the property among decree-holders.
			Order26Rule18B	Court to fix a time for return of commission When issuing a commission, the Court must fix a return date for its execution, and this date can only be extended if the Court records sufficient cause.	If a Commissioner is given 30 days to divide property but needs more time due to delayed survey records, the Court may extend the deadline with proper reasons.
			Order26Rule19	Cases in which High Court may issue commission to examine witness The High Court may issue a commission to examine a witness in India if a foreign civil court requests it, and the witness resides within its jurisdiction. Such requests can come through a consular certificate, the Central Government, or directly by a party via a letter of request.	If a U.S. civil court needs testimony from a witness living in Delhi, the Delhi High Court can issue a commission to record that witness’s evidence.
			Order26Rule20	Application for issue of commission A High Court can issue a commission to record evidence for a foreign court either on the application of a party to that proceeding or on the application of a State Government law officer acting under government instructions.	If a witness in Mumbai is needed in a UK civil case, the party to that case or the State Government’s law officer may apply to the Bombay High Court for issuing a commission.
			Order26Rule21	To whom commission may be issued A commission under rule 19 can be issued either to a local Court where the witness resides or, if the witness is within the High Court’s original jurisdiction, to any person the Court deems fit.	If a witness in Jaipur is needed for evidence in a foreign civil case, the Rajasthan High Court may issue the commission to the Jaipur District Court for execution
			Order26Rule22	Issue, execution and return of commissions, land transmission of evidence to foreign Court The procedure for issuing, executing, and returning commissions for foreign courts follows the same rules as domestic commissions. Once executed, the commission and recorded evidence are sent back to the High Court, which then forwards them with the request to the Central Government for transmission to the foreign court.	If the Paris Civil Court requests evidence from a witness in Kolkata, the Calcutta High Court issues the commission, collects the testimony, and forwards it to the Central Government, which sends it to the French court.
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	Persons authorised to act for Government • Persons officially authorised to act for the Government in judicial proceedings are treated as recognised agents who can appear, act, or file applications under the CPC on the Government’s behalf.	A Government Pleader authorised in a land acquisition case can file applications and appear in Court as the recognised agent of the Government.
			Order27Rule3	Plaints in suits by or against Government • In suits by or against the Government, the plaint need not mention personal details of parties; it is enough to use the official name as given under Section 79 CPC.	A plaint against the Union Government can simply name “Union of India” as the defendant instead of any officer’s personal details.
			Order27Rule4	Agent for Government to receive process • The Government Pleader in a Court acts as the Government’s agent to receive any legal processes (like summons or notices) issued against the Government.	If someone files a suit against the State Government in a District Court, the Court’s summons will be served on the Government Pleader representing that State.
			Order27Rule5	Fixing of day for appearance on behalf of Government. • When fixing a date for the Government to respond to a plaint, the Court must allow reasonable time for official communication and instructions to reach the Government Pleader, but any extension cannot exceed two months in total.	If a suit is filed against the State Government, the Court may grant time for correspondence between departments, but the maximum extension allowed for filing a reply is two months.
			Order27Rule5A	Government to be joined as a party in a suit against a public officer If a public officer is sued for acts done in his official capacity, the Government must also be made a party to the suit.	If a District Collector is sued for wrongful land acquisition done in his official role, the concerned State Government must be added as a defendant along with him.
			Order27Rule5B	Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement In suits involving the Government or a public officer, the Court must first try to help parties reach a settlement. If at any stage a settlement seems possible, the Court may adjourn proceedings to allow attempts at compromise.	In a compensation suit against a Government department, if the Court feels an amicable settlement is possible, it may pause the trial to let the parties negotiate.
			Order27Rule6	Attendance of person able to answer questions relating to suit against Government • If the Government Pleader appears without someone who can answer important questions about the case, the Court may direct that such a knowledgeable Government officer be present.	In a contract dispute with the Government, if the Pleader cannot clarify tender details, the Court may order the concerned department officer to attend.
			Order27Rule7	Extension of time to enable public officer to make reference to Government • If a public officer sued in his official capacity needs to consult the Government before replying to the plaint, he can request extra time, and the Court must grant the necessary extension.	If a District Magistrate is sued for an action taken during duty, he may seek time to get directions from the State Government before filing his written statement, and the Court will extend the deadline.
			Order27Rule8	Procedure in suits against public officer • When the Government defends a suit against a public officer, the Government Pleader, once authorized, must inform the Court, which records his authority. If no such application is made in time, the case proceeds like an ordinary private suit, but the officer cannot be arrested or have property attached except in decree execution.	If a police officer is sued for an act in official capacity and the Government takes up his defence, the Government Pleader files authority; if not, the suit continues as a normal civil case but with protections for the officer.
			Order27Rule8A	No security to be required from Government or a public officer in certain cases • The Government, or a public officer defended by the Government for acts in official capacity, cannot be asked to furnish security under Order XLI Rules 5 and 6 (security for stay of execution or costs in appeal).	If the State Government files an appeal against a decree, it need not deposit security for stay of execution, unlike a private litigant.
			Order27Rule8B	Definitions of “Government” and “Government pleader” In this Order, “Government” refers to the Central or State Government (depending on the case), and “Government Pleader” means the pleader appointed by that Government, either generally or for specific purposes of this Order.	In a suit against the Union of India, “Government” means the Central Government and its appointed Government Pleader; in a suit against a State department, it means the concerned State Government and its Government Pleader.
			Order27ARule1	Notice to the Attorney General or the Advocate-General If a suit involves a substantial constitutional question of law (as per Article 132(1) read with Article 147 of the Constitution), the Court must give notice to the Attorney General of India (for Central Government matters) or the Advocate-General of the State (for State matters) before deciding it.	If a case challenges the validity of a Central law under the Constitution, the Court must first notify the Attorney General before proceeding.
			Order27ARule1A	Procedure in suits involving validity of any statutory instrument If a suit involves the validity of a statutory instrument (other than a constitutional question under Rule 1), the Court must give notice before deciding: either to the Government Pleader (if it concerns the Government) or to the issuing authority (if issued by some other authority).	If the validity of a State-issued housing regulation is challenged, the Court must notify the State Government Pleader; but if a Municipal Corporation issued the rule, notice must be given to that authority.
			Order27ARule2	Court may add Government as party At any stage, the Court can order the Central or State Government to be added as a defendant in a suit involving a substantial constitutional question if the Attorney General or Advocate-General requests it and the Court believes it necessary for proper adjudication.	If a case challenges a State law’s constitutionality, the Advocate-General may request the State Government be added as a party to ensure full representation in Court.
			Order27ARule2A	Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument The Court can add the Government or issuing authority as a defendant in a suit challenging the validity of a statutory instrument if their pleader requests it and the Court deems it necessary for proper resolution.	If a municipal bylaw’s validity is challenged, the Court may add the Municipal Corporation as a defendant on the request of its pleader to ensure the issue is adequately represented.
			Order27ARule3	Costs When the Government or another authority is added as a defendant under rules 2 or 2A, they are generally not entitled to or liable for costs in that Court unless the Court orders otherwise for special reasons.	If a State Government is added to a suit challenging a law, it usually won’t have to pay costs, nor can it claim costs, unless the Court decides there’s a special reason to do so.
			Order27ARule4	Application of Order to appeals For appeals, this Order treats a “defendant” as a respondent and a “suit” as an appeal. Explanation: A statutory instrument includes any rule, notification, bye-law, order, scheme, or form made under a law.	If an appeal challenges a government notification, the notification is the statutory instrument, and the government as respondent is treated like a defendant under this Order.
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	Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them • If an officer, soldier, sailor, or airman serving under the Government is a party to a suit but cannot get leave to appear, he may authorize another person in writing to sue or defend on his behalf, with the authorization countersigned by his commanding/superior officer. Once filed in Court, this serves as proof that he couldn’t obtain leave.	If an army soldier posted at the border is sued over ancestral property, he can authorize his brother to represent him in Court, with the document countersigned by his commanding officer.
			Order28Rule2	Person so authorised may act personally or appoint pleader • A person authorized by an officer, soldier, sailor, or airman can act in the suit personally as the party would, or appoint a pleader to represent them.	If a naval officer authorizes his cousin to defend a property suit, the cousin can either appear in Court personally or hire a lawyer to act on his behalf.
			Order28Rule3	Service on person so authorised, or on his pleader, to be good service • Serving Court processes on a person authorized by an officer, soldier, sailor, or airman—or on a pleader appointed by that person—is as valid as serving the party personally.	If a soldier’s authorized brother receives a summons for the soldier, it is considered proper service even though the soldier is absent.
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	Service • If a firm is sued, summons can be served on any partner or at the firm’s main business place on a person managing it, and it counts as valid service on the whole firm.	If “ABC Traders” is sued, summons served on one partner or manager at the shop is valid for all partners; but if the firm was already dissolved, summons must be served on each partner individually.
			Order30Rule4	Rights of suit on death of partner • If a partner in a firm dies, the suit can continue in the firm’s name without adding the legal representative. However, the legal representative may join the suit or claim against surviving partners.	A firm of 3 partners is sued; one dies during trial—case continues in firm’s name, but his heir can seek to be added.
			Order30Rule5	Notice in what capacity served • When summons is served on a firm, the recipient must be told in writing whether he is being served as a partner or as the manager; if not clarified, the law presumes he is served as a partner.	If a summons is given to Mr. X at “XYZ & Co.” without specifying that he’s only the manager, he will legally be treated as if served as a partner.
			Order30Rule6	Appearance of partners • This means that when a firm is sued, its partners must file their appearance in their own individual names, but after that, the case will still proceed in the firm’s name.	If “ABC & Co.” is sued, partners Mr. A and Mr. B will appear as “A” and “B,” but the case will still run under the title ABC & Co
			Order30Rule7	No appearance except by partners • This means that if a summons is served on a person managing the firm’s business (like a manager), they don’t have to appear in court unless they are an actual partner of the firm.	If a manager (not a partner) of XYZ & Co. is served with summons, he need not appear. Only the partners of XYZ & Co. are required to appear.
			Order30Rule8	Appearance under protest • If someone is wrongly sued as a partner, they can appear “under protest” denying partnership. The Court will decide if they were a partner; if yes, they can still defend the case, and if no, the plaintiff cannot later claim against them.	Mr. A is served as a partner of ABC Firm, but he was never a partner. He appears under protest, Court holds he’s not a partner → he is freed from liability, and the case continues only against actual partners.
			Order30Rule9	Suits between co-partners This rule means that the same procedure for suing a firm also applies when a partner sues the firm or when two firms with common partners sue each other. However, execution of the decree (enforcement) can only happen with Court’s permission, and the Court may order proper accounts and inquiries before allowing it.	Partner A sues his firm XYZ & Co. for unpaid dues. Even if he wins, he cannot straightaway execute the decree — the Court will first check accounts and then grant leave for execution.
			Order20Rule10	Suit against person carrying on business in name other than his own This rule means that if a person or a Hindu Undivided Family (HUF) runs a business under a name other than their real name, they can be sued in that business name just like a partnership firm. The same rules of suing firms will apply.	Mr. Rajesh runs a shop under the name “Bright Star Electronics”. Even though it’s not a partnership, a customer can sue “Bright Star Electronics” in that name, and the case will proceed as if it were against a firm.
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 of beneficiaries in suits concerning property vested in trustees etc • This rule means that when a dispute arises about property held by a trustee, executor, or administrator, they will represent all beneficiaries in the case against outsiders, so the beneficiaries don’t need to be individually added as parties. However, the Court may still direct beneficiaries to be made parties if necessary.	A trustee holds land for 5 beneficiaries. If a third party wrongfully claims the land, the trustee will fight the case on behalf of all 5 beneficiaries, and they don’t need to be added as separate plaintiffs.
			Order31Rule2	Joinder of trustees, executors and administrators • This means that if there are multiple trustees, executors, or administrators, then all of them must be joined as parties when a suit is filed against one or more of them.	If a property is managed by three trustees and someone files a case against only one trustee, the law requires that all three trustees be made parties to the case, since they jointly represent the trust.
			Order31Rule3	Husband of married executrix not to join • This means that if a woman is a trustee, administratrix, or executrix, she can file or defend a suit in her own name without making her husband a party, unless the Court specifically orders otherwise.	If Mrs. A is an executrix of a will, a case against her will be in her name alone, not as “Mrs. A and her husband”, unless the Court directs her husband to be included.
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	Minor to sue by next friend • A minor (below 18 years, or 21 in cases under the Indian Majority Act) cannot sue on their own; the case must be filed through a next friend (an adult representing the minor).	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	Where suit is instituted without next friend, plaint to be taken off the file • If a minor files a suit without a next friend, the defendant can request the court to remove the plaint from the record.	A 16-year-old files a property suit alone; the defendant can apply to strike it off. The pleader or person who filed it may also have to pay costs. The court will hear objections (if any) before deciding.
			Order32Rule2A	Security to be furnished by next friend when so ordered If a minor’s suit is filed through a next friend, the court can order that next friend to furnish security for costs (including court fees if the minor sues as an indigent person).	A minor sues for land ownership through his uncle (next friend). If the defendant fears heavy litigation costs, the court may direct the uncle to deposit security to cover possible expenses.
			Order32Rule3	Guardian for the suit to be appointed by Court for minor defendants This rule means that when the defendant is a minor, the Court ensures his interests are protected by appointing a guardian for the suit (also called guardian ad litem). • The guardian must have no adverse interest against the minor • Notice must be given to the minor’s natural/legal guardian (father, mother, or caretaker) before appointment. •Once appointed, the guardian continues in all stages — trial, appeal, revision, and even execution.	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.
			Order32Rule3A	Decree against minor not to be set aside unless prejudice has been caused to his interest This rule protects minors from unfair decrees: • A decree won’t be cancelled just because the guardian/next friend had some conflicting interest. • It can be set aside only if actual prejudice (harm to the minor’s interest) is proved. • Minors can also seek relief if the guardian acted with misconduct or gross negligence.	If a minor’s guardian negligently fails to contest a property suit and the property is lost, the decree can be set aside because it harmed the minor’s rights.
			Order32Rule4	Who may act as next friend or he appointed guardian for the suit • Any adult of sound mind without adverse interest can act as a minor’s next friend/guardian, but if a legal guardian exists, only they can act unless the court decides otherwise. If no one is fit/willing, the court may appoint its officer, with costs borne by parties or minor’s property.	If a 15-year-old’s father (legal guardian) is alive, only he can act as next friend in a property suit; but if he’s biased, the court may appoint another relative or even a court officer.
			Order32Rule5	Representation of minor by next friend or guardian for the suit • All applications in a minor’s case must be made through a next friend/guardian, and any order passed without such representation can be set aside, with costs imposed on the pleader who knew of the minority.	If a 16-year-old’s property application is filed directly without a guardian, the court can cancel the order and make the lawyer pay costs if he knew the applicant was a minor.
			Order32Rule6	Receipt by next friend or guardian for the suit of property under decree for minor • A next friend/guardian cannot receive money or property for a minor without the Court’s permission, and the Court may ask for security unless the guardian is the minor’s parent or HUF manager.	If a minor wins a property dispute, his uncle (as guardian in suit) cannot take the money unless the Court allows it and may require security; but if the guardian is the minor’s father, the Court may waive security.
			Order32Rule7	Agreement or compromise by next friend or guardian for the suit • A next friend/guardian cannot compromise a minor’s case without Court’s permission, supported by an affidavit (and pleader’s certificate if represented). Any compromise without such permission is voidable at the minor’s option.	If a minor’s guardian agrees to settle a property dispute without the Court’s approval, the settlement can later be set aside by the minor when he attains majority
			Order32Rule8	Retirement of next friend • A next friend cannot retire from representing a minor unless a suitable replacement is arranged and security for past costs is given. The new next friend must prove by affidavit that he is fit and has no conflicting interest.	If a child’s uncle acting as next friend in a property case wants to step down, he must find another relative (say the child’s elder brother) and show the Court that the new person has no adverse interest before retirement is allowed.
			Order32Rule9	Removal of next friend A next friend of a minor can be removed if his interest clashes with the minor’s, if he neglects his duty, shifts outside India, or for any sufficient cause. The Court may replace him, and if a legally appointed guardian applies, he will usually be made the next friend unless the Court records reasons otherwise.	Suppose a child’s cousin is acting as next friend in a property dispute, but later it is found that the cousin is secretly supporting the defendant. The Court can remove him and appoint the child’s legally appointed guardian (like the mother) as the new next friend.
			Order32Rule10	Stay of proceedings on removal, etc., of next friend If the next friend of a minor retires, is removed, or dies, the case cannot continue until a new next friend is appointed. If the minor’s lawyer does not take steps in time to get a new next friend, then any person interested in the minor or in the case can apply to the Court. The Court may then appoint a suitable new next friend.	Suppose a minor is fighting a property case through his elder brother (next friend). If the brother dies, the court will pause the case. If the lawyer does not bring another next friend quickly, the child’s mother or even another relative can apply, and the court may appoint her as the new next friend to continue the case.
			Order32Rule11	Retirement, removal or death of guardian for the suit If a guardian for the suit wants to retire, fails in his duty, dies, or is removed, the Court will appoint a new guardian to protect the minor’s interest.	If a father (guardian for the suit) stops attending hearings in his child’s property case, the Court can remove him and appoint the mother or another fit person as the new guardian.
			Order32Rule12	Course to be followed by minor plaintiff or applicant on attaining majority When a minor plaintiff/applicant turns 18, they must choose whether to continue or abandon the case. If they continue, they replace the next friend and proceed in their own name; if they abandon, the suit is dismissed with repayment of costs.	Suppose a 17-year-old sues for property rights through his uncle (next friend). On turning 18, he may either continue the case in his own name—“A.B., late a minor by C.D., his next friend, but now having attained majority”—or apply to withdraw it by paying the defendant’s costs.
			Order32Rule13	Where minor co-plaintiff attaining majority desires to repudiate suit If a minor co-plaintiff, after turning 18, no longer wishes to be part of the case, he can apply to have his name removed. If he is not essential to the suit, he will be dismissed; if essential, the Court may make him a defendant instead.	Two brothers file a property suit as minors through their uncle. When the elder turns 18, he decides not to continue. If his presence isn’t necessary, the Court removes him as plaintiff; but if the case cannot proceed without him, the Court makes him a defendant.
			Order32Rule14	Unreasonable or improper suit When a minor plaintiff turns 18, he can ask the Court to dismiss a suit filed by his next friend if he finds it unreasonable or improper. If the Court agrees, the suit is dismissed and the next friend may be ordered to bear the costs.	A guardian files a weak property case in the name of a minor. After turning 18, the plaintiff realizes the claim has no merit and requests dismissal. The Court, finding the case improper, dismisses it and directs the guardian to pay the expenses.
			Order32Rule15	Rules 1 to 14 (Except rule 2A) to apply to persons of unsound mind Rules 1 to 14 (except Rule 2A) apply to persons of unsound mind or those found by the Court unable to protect their interests due to mental infirmity. These rules guide how such persons can sue or be sued.	If a person with severe mental incapacity is involved in a property dispute, the Court applies these rules to ensure their interests are properly represented and protected during the suit.
			Order32Rule16	Savings This Order does not apply to foreign rulers suing or being sued in the name of their State, nor does it override any local laws regarding suits by or against minors or persons of unsound mind.	A foreign ambassador suing in India on behalf of their country is not bound by the provisions of this Order; local laws for minors or mentally unsound persons still apply.
Order32A	Section 79, 80, 82, 151 of CPC	Order 32A CPC was inserted to streamline and expedite suits involving the government or public officers in their official or personal capacity. Its key objectives are: 1. Special procedure for government suits – Ensures that suits against or by the government or its officers are conducted efficiently. 2. Limitation on procedural delays – Provides specific rules for service of summons, appearance, and filing of written statements. 3. Protection of public officers – Protects officers from unnecessary harassment in suits arising from official acts. 4. Time-bound proceedings – Mandates shorter time frames for filing written statements, replying to pleadings, and other procedural steps.	Order32ARule1	Application of the Order This Order applies to suits or proceedings related to family matters. It specifically covers matrimonial relief, legitimacy, guardianship or custody, maintenance, adoption, succession, and other family-related issues under personal law. However, if a special law already governs a matter, this Order will not apply to that suit or proceeding.	A divorce case or a maintenance claim between spouses will follow this Order, but if a specific law already regulates inheritance for a particular community, that special law prevails.
			Order32ARule2	Proceedings to be held in camera Proceedings under this Order can be conducted in camera (privately) if the Court wishes or if either party requests it.	In a child custody case, the Court may hold the hearing in camera to protect the privacy of the minor and the family.
			Order32ARule3	Duty of Court to make efforts for settlement The Court must initially try to help parties settle disputes amicably, and may adjourn proceedings if a reasonable possibility of settlement exists. This power is in addition to any other adjournment powers of the Court.	In a maintenance case, the Court may first attempt to mediate between spouses and adjourn the hearing to allow for settlement discussions.
			Order32ARule4	Assistance of welfare expert The Court may seek help from a welfare expert—preferably a woman—related or unrelated to the parties, to assist in promoting family welfare during the proceedings.	In a child custody dispute, the Court may engage a social worker to advise on the child’s best interests.
			Order32ARule5	Duty to enquire into facts The Court must investigate and verify the facts presented by both the plaintiff and the defendant in family-related cases.	In a maintenance suit, the Court will examine evidence of the claimant’s expenses and the defendant’s income before deciding.
			Order32ARule6	“Family”—meaning of a family includes: • A man and wife living together, their children (biological or maintained). • A man without a wife, his children (biological or maintained). • A woman without a husband, her children (biological or maintained). • A person living with their brother, sister, ancestor, or lineal descendant. • Any combination of the above groups.	A widow living with her son and her brother forms a family under this definition.
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	Suits by Indigent Persons Any person who cannot afford court fees may file a suit as an indigent person. Who is indigent? 1. Lacks sufficient means (except exempt property or the subject-matter of the suit) to pay the required fee. 2. Where no fee is prescribed, has property worth less than ₹1,000 (excluding exempt property and the subject-matter). Additional: 1. Property acquired after filing but before decision will be considered. 2. For representative plaintiffs, indigence is assessed based on the resources in that representative capacity.	A man without savings or property worth ₹1,000 wants to sue for recovery of ₹50,000. He can apply to sue as an indigent person to avoid paying court fees.
			Order33Rule1A	Inquiry into the means of an indigent person When someone claims to be indigent, the chief ministerial officer of the Court usually conducts the first inquiry into their financial means. The Court can either accept this officer’s report as its own finding or conduct its own inquiry into whether the person is truly indigent.	If a person applies to sue without paying fees, the court officer investigates their income, savings, and property to confirm indigence before allowing the suit.
			Order33Rule2	Contents of application 1. Must include all details normally required in a plaint, such as parties and cause of action. 2. Must annex a schedule of all movable and immovable property with estimated values. 3. Must be signed and verified in the same way as regular pleadings.	An applicant lists a bicycle (₹2,000) and a small savings account (₹500), signs the application, and submits it to the court to request permission to file a suit without paying fees.
			Order33Rule3	Presentation of application 1. The applicant must present the application in person to the Court. 2. If the applicant cannot appear, an authorized agent may present it, provided they can answer all relevant questions and may be examined like the applicant. 3. If there are multiple plaintiffs, it is enough for one plaintiff to present the application.	If a minor or elderly applicant cannot appear in court, their authorized representative may submit the application and answer the Court’s questions on their behalf.
			Order33Rule4	Examination of applicant 1. When an application is properly presented, the Court can examine the applicant or their agent about the claim and the applicant’s property. 2. If an agent presents the application, the Court may order that the applicant be examined by commission, similar to how an absent witness is examined.	A minor or sick person applies through an agent; the Court can question the applicant via a commission to verify property and claim details.
			Order33Rule5	Rejection of application The Court shall reject an application to sue as an indigent person in the following cases: 1. The application is not properly framed or presented as required. 2. The applicant is not actually indigent. 3. The applicant disposed of property within 2 months before applying to appear poor, unless even after including that property, they would still qualify. 4. The allegations do not show a cause of action. 5. The applicant has entered into an agreement giving someone else an interest in the subject matter. 6. The allegations show the suit would be barred by law. 7. Another person has agreed to finance the litigation.	A person tries to sue as indigent but sold a car a month ago to appear poor—the Court can reject the application.
			Order33Rule6	Notice of day for receiving evidence of applicant’s indigency If the Court does not reject the application under rule 5, it will fix a date for examining the applicant’s evidence proving indigency. At least 10 days’ clear notice must be given to: 1. The opposite party 2. The Government pleader On that day, the Court will also hear any evidence disproving the applicant’s indigency.	A person applies to sue as indigent, and the Court sets a date after 10 days for both the applicant to prove poverty and the opposite party to challenge it.
			Order33Rule7	Procedure at hearing The Court examines witnesses and the applicant/agent, hears arguments on whether the applicant meets the prohibitions in rule 5, and then decides to allow or refuse permission to sue as an indigent person.	If a poor plaintiff proves lack of means and no disqualifying factors, the Court may permit them to file the suit without paying court fees.
			Order33Rule8	Procedure if application admitted If the application is allowed, it is registered as the plaint, and the suit proceeds normally, but the plaintiff is exempt from paying court fees or other related fees.	A poor plaintiff admitted as an indigent person can file the suit and have notices served without paying the usual fees.
			Order33Rule9	Withdrawal of permission to sue as an indigent person The Court can withdraw permission for a plaintiff to sue as an indigent person if, after seven days’ notice, it finds that the plaintiff has acted improperly, is no longer indigent, or has allowed another person to gain an interest in the suit.	If a plaintiff granted indigent status secretly sells part of the property in dispute, the Court may revoke his exemption from fees.
			Order33Rule9A	Court to assign a pleader to an unrepresented indigent person If an indigent person is allowed to sue but has no lawyer, the Court can assign a pleader to represent them.	A poor plaintiff filing a civil suit for property recovery without legal representation may be assigned a pleader by the Court to ensure proper conduct of the case.
			Order33Rule10	Costs where indigent person succeeds If an indigent plaintiff wins, the Court calculates the court-fees he would have paid if not declared indigent. This amount is recovered by the State Government from the losing party and becomes a first charge on the property or subject-matter of the suit.	A poor plaintiff wins a land dispute; the exempted court-fees are recovered from the defendant and attached as a first charge on the disputed land.
			Order33Rule11	Procedure where indigent person fails If an indigent plaintiff loses the suit, withdraws it, or fails to prosecute it (e.g., fails to pay court-fees, postal charges, or appear in Court), the Court orders the plaintiff—or any co-plaintiff added—to pay the court-fees he would have otherwise owed.	A poor plaintiff sues for recovery of money but does not appear on the hearing date; the Court then directs him to pay the regular court-fees that were initially waived.
			Order33Rule11A	Procedure where indigent person’s suit abates If an indigent plaintiff’s suit ends due to the death of the plaintiff or a co-plaintiff, the Court directs that the court-fees—which were originally waived—be recovered by the State Government from the deceased’s estate.	A poor plaintiff files a property suit but passes away before its conclusion; the State can claim the regular court-fees from the plaintiff’s estate.
			Order33Rule12	State Government may apply for payment of court-fees The State Government can, at any time, request the Court to order the payment of court-fees in cases where fees were waived for an indigent plaintiff, as per rules 10, 11, or 11A.	If a poor plaintiff’s suit succeeds or abates, the State may apply to recover the court-fees from the liable party or the deceased’s estate.
			Order33Rule13	State Government to be deemed a party In matters under rules 10, 11, 11A, or 12 regarding payment of court-fees by an indigent plaintiff, the State Government is considered a party to the suit for the purposes of Section 47.	If the State applies to recover court-fees from a successful indigent plaintiff, any dispute about the amount or recovery is treated as between the State and the liable party.
			Order33Rule14	Recovery of amount of court-fees When a court orders payment of court-fees under rules 10, 11, or 11A, a copy of the decree is sent to the Collector, who can recover the amount from the liable person or property just like arrears of land revenue.	If an indigent plaintiff wins a suit, the State recovers the court-fees from the defendant’s property through the Collector as if it were unpaid land tax.
			Order33Rule15	Refusal to allow applicant to sue as an indigent person to bar subsequent application of like nature If an applicant is refused permission to sue as an indigent person, they cannot make another similar application for the same right to sue. However, they can still file the suit normally, provided they pay any costs incurred by the State or the opposing party in opposing the earlier application.	Radha applies to sue as an indigent for a property dispute, her application is refused, so she can file the suit herself, but must pay the expenses the State and defendant incurred opposing her indigent claim.
			Order33Rule15A	Grant of time for payment of court-fee If an application to sue as an indigent person is rejected, the Court can still grant the applicant time to pay the required court-fee and costs; once paid within the allowed period, the suit is treated as filed from the date the indigent application was originally presented.	Radha’s indigent application is refused, but the Court gives her 10 days to pay the court-fee and costs. If she pays within that time, her suit is deemed filed from the original application date.
			Order33Rule16	Costs The expenses incurred for applying to sue as an indigent person and for any inquiry into the applicant’s indigency are treated as part of the overall costs of the suit.	If Radha applies to sue as an indigent person and the Court conducts an inquiry into her financial status, the fees for both the application and inquiry will be included in the final cost calculation of her case.
			Order33Rule17	Defence by an indigent person A defendant who wants to raise a set-off or counterclaim can do so as an indigent person, and the same rules for suing as an indigent plaintiff will apply to them.	If Raj is sued and wants to claim ₹50,000 from the plaintiff as a counterclaim but has no means to pay court fees, he can file it as an indigent person, and the court will treat his counterclaim like a plaint under these rules.
			Order33Rule18	Power of Government to provide for free legal services to indigent persons The Central or State Government can provide free legal services to persons allowed to sue as indigent, and the High Court may make rules specifying the nature, extent, and conditions of such services.	If Priya is allowed to sue as an indigent person, the State may arrange a lawyer for her at no cost under these provisions.
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 suits for foreclosure sale and redemption • Everyone who has an interest in the mortgage or the right to redeem must be made a party to the suit.	A second mortgagee can sue for foreclosure without joining the first mortgagee, and a first mortgagee need not join a suit to redeem a later mortgage.
			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	Preliminary decree in suit for sale • In a suit for sale, if the plaintiff wins, the Court passes a preliminary decree declaring the amount due and allows the plaintiff to apply for a final sale decree if the defendant doesn’t pay, with sale proceeds used to satisfy the debt and costs.	Mr. A sues Mr. B to sell mortgaged property. The Court orders payment of ₹10 lakh within six months. If Mr. B fails, Mr. A can get the property sold and the proceeds applied to the debt, with any surplus returned to Mr. B.
			Order34Rule5	Final decree in suit for sale • A final decree in a suit for sale is passed when the defendant fails to pay the amount due under the preliminary decree, allowing the mortgaged property to be sold and the proceeds applied to the debt and costs.	Mr. B owes ₹10 lakh to Mr. A under a mortgage. If Mr. B does not pay by the deadline, the Court orders sale of the property, applies the sale proceeds to the debt, and returns any surplus to Mr. B. If Mr. B pays in time, the Court directs Mr. A to return the property and related documents.
			Order34Rule6	Recovery of balance due on mortgage in suit for sale • If the sale of mortgaged property doesn’t cover the full debt, the plaintiff can ask the Court to recover the remaining balance directly from the defendant.	Mr. A sells Mr. B’s mortgaged property for ₹8 lakh, but Mr. B owes ₹10 lakh. The Court can order Mr. B to pay the remaining ₹2 lakh
			Order34Rule7	Preliminary decree in redemption suit • In a redemption suit, if the plaintiff wins, the Court orders an account of what’s due to the defendant and directs payment; if the plaintiff pays, they get the property back, but if not, the defendant can seek a final decree for sale or foreclosure.	Mr. A sues Mr. B to redeem a mortgaged house. Court calculates ₹10 lakh owed to Mr. B. If Mr. A pays within the time, he gets the house back. If not, Mr. B can get the house sold or stop redemption.
			Order34Rule8	Final decree in redemption suit • In a redemption suit, if the plaintiff pays all dues before the final decree or sale confirmation, the Court orders the defendant to return documents, re-transfer the property, and give possession; if not, the Court may pass a final decree debarring redemption or ordering sale of the property.	Mr. A has mortgaged his shop to Mr. B. Before the Court confirms a sale, Mr. A pays ₹15 lakh due. The Court orders Mr. B to hand back documents, return the shop, and give possession. If Mr. A fails to pay, Mr. B can get the shop sold or bar Mr. A from redeeming it.
			Order34Rule8A	Recovery of balance due on mortgage in suit for redemption If the sale of the mortgaged property in a redemption suit doesn’t cover the full amount owed to the defendant, the Court can order the plaintiff to pay the remaining balance separately.	Mr. A redeems his mortgaged land, but the sale proceeds cover only ₹8 lakh of the ₹10 lakh owed to Mr. B. The Court can order Mr. A to pay the remaining ₹2 lakh directly to Mr. B.
			Order34Rule9	Decree where nothing is found due or where mortgagee has been overpaid • If, after accounting, the Court finds that the defendant is not owed anything or has been overpaid, it can order the defendant to return the property and pay any excess to the plaintiff.	Mr. B was paid ₹12 lakh for a mortgage, but the actual dues were only ₹10 lakh. The Court can order Mr. B to return the mortgaged property and pay ₹2 lakh back to Mr. A.
			Order34Rule10	Costs of mortgagee subsequent to decree When finally calculating what the defendant owes in foreclosure, sale, or redemption, the Court includes any proper costs incurred by the mortgagee after the preliminary decree, unless the mortgagor already paid the dues upfront.	If Mr. A sues for foreclosure and spends ₹50,000 in additional legal costs after the preliminary decree, the Court may add this to the amount owed by Mr. B, unless Mr. B had already paid the mortgage fully at the start.
			Order34Rule10A	Power of Court to direct mortgagee to pay mesne profits If the mortgagor deposits the mortgage amount at or before the start of a foreclosure suit, the Court can order the mortgagee to pay the mortgagor mesne profits (profits from the property) from the date the suit was filed.	If Mr. B deposits the mortgage dues while Mr. A sues for foreclosure, and the property earned ₹1,00,000 rent during the lawsuit, the Court can order Mr. A to pay that amount to Mr. B.
			Order34Rule11	Payment of interest The Court can order interest on the mortgage principal and on costs/expenses up to the preliminary decree, and also on the total amount until full payment is made.	If the principal is ₹10,00,000 and costs are ₹1,00,000, interest will apply on ₹11,00,000 up to payment, at a rate fixed or deemed reasonable by the Court.
			Order34Rule12	Sale of property subject to prior mortgage If a property to be sold has an earlier mortgage, the Court can sell it free of that mortgage with the prior mortgagee’s consent, giving them their share from the sale proceeds.	A property worth ₹50 lakh has a prior mortgage of ₹10 lakh. On sale, the prior mortgagee gets ₹10 lakh from the sale proceeds, and the rest goes to satisfy the current mortgage or owner.
			Order34Rule13	Application of proceeds The sale proceeds are used first to cover sale expenses, then pay prior mortgagees, interest, and costs, and finally the remaining amount goes to the property owners.	A property sells for ₹50 lakh. Sale costs ₹2 lakh → prior mortgage ₹10 lakh → interest ₹1 lakh → principal ₹15 lakh → remaining ₹22 lakh is shared among the owners.
			Order34Rule14	Suit for sale necessary for bringing mortgaged property to sale A mortgagee cannot sell mortgaged property directly and must file a suit for sale to enforce the mortgage decree.	If Mr. A holds a mortgage on Mr. B’s house and gets a money decree, he must file a suit for sale to sell the house and recover the amount.
			Order34Rule15	Mortgages by the deposit of title deeds and charges Rules for simple mortgages also apply to mortgages by depositing title deeds or to charges on property, and if payment is not made, the property can be sold to recover the money.	If Mr. A deposits his house deeds with Mr. B as security for a loan and fails to repay, Mr. B can sell the house under court order to recover the loan.
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	Plaint in interpleader-suit In an interpleader suit, the plaintiff must state they have no personal interest in the dispute, list the claims of all defendants, and confirm there is no collusion with any defendant.	A bank holding a disputed cheque deposits it in court, stating it has no claim on the cheque, listing all claimants, and confirming it is impartial.
			Order35Rule2	Payment of thing claimed into Court If the disputed item can be handed over, the plaintiff must deposit it in court before claiming any relief in the interpleader suit.	A bank holding a disputed fixed deposit must deposit the amount in court before asking the court to decide which claimant gets it.
			Order35Rule3	Procedure where defendant is suing plaintiff If a defendant in an interpleader suit has already sued the plaintiff over the same matter, the court of that earlier suit can pause proceedings against him, and his costs can be accounted for in either suit.	A bank is sued by two people claiming the same fixed deposit. If one person has already filed a separate suit against the bank, that suit can be stayed until the interpleader case decides who is entitled to the deposit.
			Order35Rule4	Procedure at first hearing • The claimants must appear and present their claims. • If any claimant does not appear, the court may decide the case in their absence.	A company holding disputed goods may be discharged immediately if all parties agree, or the court may keep everyone in the case and decide who has the rightful claim
			Order35Rule5	Agents and tenants may not institute interpleader suits • Agents cannot sue their principals, and tenants cannot sue their landlords, to force them into an interpleader suit with unrelated claimants.	A deposits a box of jewels with B as his agent. C alleges that the jewels were wrongfully obtained from him by A, and claims them from B. B cannot institute an interpleader-suit against A and C.
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	Power to state case for Court’s opinion • Parties can jointly submit a written “case” to the Court on a specific legal or factual question, agreeing that the Court’s decision will determine payment, transfer of property, or specific actions.	wo business partners may ask the Court to decide whether one owes the other ₹1 lakh under their agreement, and the Court’s opinion will settle the payment.
			Order36Rule2	Where value of subject-matter must be stated • If the agreement involves delivering property or performing/avoiding an act, its estimated value must be mentioned in the case submitted to the Court.	If parties ask the Court whether one should transfer a car worth ₹5 lakh, the agreement must state the car’s estimated value as ₹5 lakh.
			Order36Rule3	Agreement to be filed and registered as suit • When parties file such an agreement with the Court, it is treated like a regular suit and registered with parties shown as plaintiffs and defendants.	If A and B file an agreement asking the Court to decide whether A must deliver land worth ₹10 lakh to B, the Court will register it as a proper suit with A as plaintiff and B as defendant (or vice versa), and give notice to both.
			Order36Rule4	Parties to be subject to Court’s jurisdiction • Once the agreement is filed, all parties automatically come under the Court’s authority and must follow the terms they agreed upon.	If A and B file an agreement about ownership of a car, both are bound by that agreement and cannot later deny it in Court.
			Order36Rule5	Hearing and disposal of case The Court will treat the case like a normal suit, check if the agreement is genuine, made in good faith, and fit for decision, then pass a judgment followed by a decree.	If X and Y file an agreement asking the Court to decide who owns a disputed shop, the Court will verify the agreement, hear both sides, and then give a judgment just like in a regular case.
			Orde36Rule6	No appeal from a decree passed under rule 5 Once the Court passes a decree under Rule 5 (after deciding the case stated by the parties), no appeal can be filed against it.	If X and Y agree to let the Court decide their dispute over a land boundary under Rule 5, and the Court gives a judgment, neither X nor Y can challenge that decision in appeal.
Order37	Section 3, 9, 80, 151 & 34 CPC	Order 37 of the Civil Procedure Code provides a fast-track legal process to recover money in simple, straightforward cases. It is used when: • The plaintiff is owed a fixed amount of money, and • There is no real dispute, except that the defendant is simply refusing or delaying payment. Why is it called “Summary Procedure”? Because the case moves much faster than regular civil suits. The defendant cannot defend unless he takes permission from the court, and the court allows this only if the defendant shows he has a real defence.	Order37Rule1	Where & When Order 37 Applies This rule tells which courts and which kinds of cases can use the summary procedure. • Applicable Courts: 1. High Courts 2. City Civil Courts 3. Small Causes Courts 4. Other Courts (only if the High Court allows by notification) • Applicable Cases: Cases based on: 1. Promissory notes, bills of exchange, or hundis. 2. Written contracts where a fixed amount is due. 3. Guarantees, where a fixed debt is involved. 4. Debts under law, not penalties.	If A lends ₹5 lakh to B under a written loan agreement, and B doesn’t repay—A can file a suit under Order 37.
			Order37Rule2	How to File a Summary Suit This rule explains how to start a case under this order. • Plaintiff must clearly mention in the plaint that the suit is filed under Order 37 CPC. • The title of the suit must say: "(Under Order XXXVII of the Code of Civil Procedure, 1908)" • The defendant cannot defend unless he appears first and seeks permission to defend.	You file a suit saying: "This suit is under Order 37 for recovery of ₹1,00,000 from Mr. X based on a signed loan contract." If Mr. X doesn’t respond or appear—you win automatically.
			Order37Rule3	Procedure for Appearance This rule tells the defendant's steps if he wants to fight the case. What Defendant Must Do: 1. Appear within 10 days after receiving the suit. 2. Notify the court and the plaintiff. 3. Plaintiff then sends a “summons for judgment”. 4. Within 10 more days, the defendant can: • Apply for leave (permission) to defend, and • Give reasons/affidavit showing he has a real defence. Court will: • Allow defence if it sees the defence is not fake or meaningless. • May ask the defendant to deposit admitted money in court. • If no real defence is shown, plaintiff gets judgment quickly.	• B says he didn’t sign the contract and submits a forensic report—Court may grant leave. • If B simply says “I don’t owe the money” with no proof—leave may be denied.
			Order37Rule4	Setting Aside the Ex Parte Decree • If a decree is passed without hearing the defendant (called ex parte), he can ask the court to set it aside. • Must show a good reason for not appearing or applying for leave (like medical emergency or wrong address). • Court has the power to forgive the delay if the reason is genuine.	If B didn’t get the summons because he was in the hospital and submits hospital records, court may set aside the decree and allow him to defend.
			Order37Rule5	Power to order bill, etc., to be deposited with officer of Court • In a summary suit filed under Order 37, the court can ask the plaintiff to submit (deposit) the original instrument (like: 1. bill of exchange, 2. hundi, 3. or promissory note) in court custody. • The court may also pause (stay) the legal proceedings until the plaintiff provides a security (money or guarantee) to cover possible legal costs of the defendant.	A files a suit against B based on a promissory note. • B raises a doubt whether the note is genuine or altered. • The court may ask A to deposit the original promissory note in court. • If there is a risk that A may later disappear without paying legal costs, the court can also ask him to give security (like a bond or deposit).
			Order37Rule6	Recovery of cost of noting non-acceptance of dishonoured bill or note If someone files a suit on the basis of a dishonoured promissory note or bill of exchange, they can also claim: • The cost they spent on officially noting the dishonour (a legal procedure done by a notary). • But only up to the amount fixed by the court rules.
			Order37Rule7	Procedure in suits Unless this Order says otherwise: • The regular CPC procedure applies to suits under Order 37 — like court fees, filing documents, evidence (if leave is granted), etc.
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 court believes the defendant may run away, hide, or dispose of property to avoid a decree, it can order his arrest and ask him to give security for appearance. • The defendant can avoid arrest by depositing the claimed amount with the court. • This ensures the plaintiff is not left helpless if the defendant tries to escape liability.	A lends ₹10 lakhs to B. When sued, B tries to secretly sell his house and fly abroad. The court can arrest B and demand security so that A’s claim is protected.
			Order38Rule2	Security • If the defendant cannot justify his actions, the court may order him to deposit money/property or give a surety ensuring his appearance until the case ends. • The surety must pay the decree amount if the defendant fails to appear.	B is sued for ₹5 lakhs. The court asks him to deposit money or give a guarantor. If B skips court, the guarantor must pay.
			Order38Rule3	Procedure on application by surety to be discharged • A surety can apply to be released anytime; the court will then call or arrest the defendant. • Once the defendant appears/surrenders, the surety is discharged, and the defendant must give fresh security.	C stands surety for D. Later, C wants release. The court summons D; when D appears, C is freed, but D must find another surety.
			Order38Rule4	Procedure where defendant fails to furnish security or find fresh security • If the defendant fails to give security or fresh security, the court may send him to civil prison till the suit ends or the decree is satisfied. • Detention cannot exceed 6 months (or 6 weeks if claim ≤ ₹50) and ends once security is furnished.	D refuses to furnish security of ₹1,00,000. The court sends him to civil prison but not beyond 6 months, and he is released early if he deposits the amount.
			Order38Rule5	Where defendant may be called upon to furnish security for production of property • If the court believes the defendant may sell or hide property to avoid decree execution, it can order him to give security for producing property or show cause. • The court may also order conditional attachment of property; if done without proper compliance, the attachment is void.	D owns land worth ₹10 lakhs and tries to sell it during the case. The court orders him to furnish security for the property’s value or attaches the land conditionally to protect P’s interest.
			Order38Rule6	Attachment where cause not shown or security not furnished • If the defendant doesn’t give security or fails to show cause, the court can attach his property (enough to cover any decree). • If the defendant gives security or shows valid cause, the court will withdraw the attachment.	D is ordered to give security of ₹5 lakhs but fails. The court attaches his shop. Later, D provides proper security; the court withdraws the attachment.
			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.	If the court orders attachment of D’s land before judgment, the procedure will be the same as if the land was attached after a decree—notice recorded in revenue records, prohibiting sale or transfer.
			Order38Rule8	Adjudication of claim to property attached before judgment • If someone claims ownership or rights over property that has been attached before judgment (say the court attached it thinking it belongs to the defendant), • The court will decide that claim in the same way as it decides claims to property attached in execution of a money decree. • So, the procedure is uniform—whether the property is attached before judgment or after judgment.	Suppose, in a money recovery suit, the plaintiff gets the defendant’s car attached before judgment. • Later, the defendant’s brother comes to court and says: “This car is mine, not the defendant’s.” • The court will examine evidence (purchase documents, registration certificate, etc.) • And then decide: If the claim is valid → attachment is released. If not valid → attachment continues.
			Order38Rule9	Removal of attachment when security furnished or suit dismissed If the defendant gives the required security (plus costs of attachment), or if the suit is dismissed, the court must remove the attachment.	If a shop is attached before judgment, but the defendant deposits security money in court, the shop’s attachment will be lifted.
			Order38Rule10	Attachment before judgment not to affect rights of strangers, nor bar decree-holder from applying for sale Attachment before judgment does not affect rights of third parties existing before the attachment and does not stop other decree-holders from applying for sale of the same property.	If A’s property is attached before judgment in B’s suit, but C already has a prior mortgage or decree against A, C’s rights remain unaffected and C can still seek sale of the property.
			Order38Rule11	Property attached before judgment not to be re-attached in execution of decree If property is already attached before judgment and the plaintiff later wins the case, the same property need not be re-attached again during execution.	If B’s property is attached before judgment in A’s suit, and A later gets a decree, A can proceed with execution without seeking a fresh attachment.
			Order38Rule11A	Provisions applicable to attachment The rules for attachment in execution of a decree also apply to attachments before judgment (if they continue after judgment). However, if a suit is dismissed for default, the earlier attachment does not automatically revive even if the suit is later restored.	If A’s suit against B is dismissed for default, the property attached before judgment is released. If the suit is restored later, A must seek a fresh attachment.
			Order38Rule12	Agricultural produce not attachable before judgment Agricultural produce in possession of an agriculturist cannot be attached before judgment.	If a farmer owes money, his standing crop cannot be attached before the court passes a final decree.
			Order38Rule13	Small Cause Court not to attach immovable property A Court of Small Causes cannot order the attachment of immovable property before judgment.	If a money recovery suit is filed in a Small Cause Court, the court cannot attach the defendant’s house as security.
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 repetition or continuance of breach • If the defendant is committing or likely to commit a breach of contract or causing injury, the plaintiff may seek a temporary injunction to stop it. The court can grant such injunction anytime before or after judgment, on suitable conditions.	If A contracts with B not to disclose trade secrets but B starts sharing them, A can get a temporary injunction from the court to stop B from continuing the breach.
			Order39Rule2A	Consequence of disobedience or breach of injunction If a person disobeys or breaches a court injunction, the court may attach their property or send them to civil prison for up to 3 months. Attachment cannot last more than one year; if the breach continues, the property may be sold, and compensation awarded to the injured party.	If a court orders A not to demolish B’s house but A disobeys, the court can attach A’s property and even sell it to compensate B.
			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.
			Order39Rule3A	Court to dispose of application for injunction within thirty days If an injunction is granted without notice to the opposite party, the court must try to finally decide the application within 30 days. If it cannot do so, it must record reasons for the delay.	Suppose A gets an urgent ex parte injunction against B. The court should decide the injunction matter within 30 days. If not possible (e.g., due to heavy case load), the court must record in writing why it couldn’t dispose of it in time.
			Order39Rule4	Order for injunction may be discharged, varied or set aside • An injunction order can be discharged, varied, or set aside if a dissatisfied party applies. If the applicant made a false or misleading statement and got an injunction without notice to the other side, the court must vacate it unless justice requires otherwise. If the injunction was passed after hearing both parties, it can be changed only if circumstances have changed or it causes undue hardship.	A gets an ex parte injunction by hiding facts. B proves this. The court will vacate A’s injunction. If the injunction was granted after hearing both sides, B cannot reopen it unless something new happens (e.g., business losses making the order unfair).
			Order39Rule5	Injection to corporation binding on its officer • If a court grants an injunction against a corporation, it automatically binds not just the company as an entity, but also its officers and members whose actions the injunction aims to stop.	If a court restrains a company from demolishing a building, the directors, managers, and employees can’t carry it out either.
			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	Detention, preservation, inspection, etc., of subject-matter of suit • The Court can order detention, preservation, or inspection of property in dispute, including allowing entry, taking samples, or experiments to gather evidence.	In a suit about a leaking factory, the Court may allow an expert to inspect the premises and take water samples for testing.
			Order39Rule8	Application for such orders to be after notice • A plaintiff can apply for detention, preservation, or inspection anytime after filing the suit, and the defendant after appearance. Normally, the Court must give notice to the opposite party, unless delay would defeat the purpose.	If goods are perishable, the Court may allow immediate inspection without notice to avoid loss.
			Order39Rule9	When party may be put in immediate possession of land the subject-matter of suit If the party in possession of land fails to pay government revenue or rent and the land is ordered for sale, another interested party in the suit may pay the dues and get immediate possession, subject to Court’s discretion.	If A owns land but doesn’t pay land revenue, and B (a co-heir) pays it before auction, Court may put B in possession and later recover the amount with interest from A.
			Order39Rule10	Deposit of money, etc., in Court If in a suit the subject is money or goods, and one party admits it actually belongs to the other, the Court can order it to be deposited in Court or handed over to that party.	In a partnership dispute, if A admits holding ₹5 lakh that actually belongs to B, the Court may direct A to deposit it in Court until final decision.
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.	A receiver managing a rented property may get his salary from the rent collected.
			Order40Rule3	Duties of Receiver A receiver must: 1. Provide security (if required) to properly account for what he receives. 2️. Submit regular accounts as the Court directs. 3️. Pay amounts due as ordered by the Court. 4️. Be liable for any loss caused by his willful default or gross negligence.	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.
			Order40Rule5	When Collector may he appointed receiver The Court may appoint the Collector as receiver when the property is land paying government revenue, or when the revenue has been assigned or redeemed, and the Court believes the Collector’s management would best protect the parties’ interests.	In a land dispute involving farmland paying government revenue, the Court may appoint the District Collector as receiver to manage the land, collect government dues, and preserve the property until the dispute is resolved.
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	Form of appeal What to accompany memorandum An appeal must be filed as a memorandum signed by the appellant or their pleader, accompanied by a copy of the judgment. The memorandum should clearly list the grounds of objection, numbered without any argument.	If a plaintiff appeals a money decree, they must deposit the disputed amount or provide security as directed by the court.
			Order41Rule2	Grounds which may be taken in appeal • The appellant can only raise grounds of objection mentioned in the memorandum of appeal, unless the Court allows additional grounds. However, the Appellate Court is not limited to these grounds and may consider others if fair opportunity has been given to the affected party	If an appellant lists two objections in the memorandum but later seeks to argue a third, they need court permission, though the court may decide on any ground after giving proper notice.
			Order41Rule3	Rejection or amendment of memorandum • If the memorandum of appeal is not prepared as per the required format, the Court may either reject it, return it for amendment within a specified time, or allow amendment immediately. When a memorandum is rejected, the Court must record the reason for rejection.	An appellant files a memorandum lacking distinct numbered grounds of objection, so the Court returns it for proper amendment, and the amendment is signed by the judge.
			Order31Rule3A	Application for condonation of delay If an appeal is filed after the limitation period, the appellant must file an application supported by an affidavit explaining the delay. The Court may issue notice to the respondent and decide the application before proceeding with the appeal.	An appellant files an appeal 10 days late due to sudden illness and supports it with an affidavit; the Court issues notice to the respondent before deciding whether to condone the delay.
			Order41Rule4	One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all • When multiple plaintiffs or defendants are involved in a suit and the decree is based on a ground common to all, any one of them can appeal. If the Appellate Court agrees, it may reverse or modify the entire decree in favor of all plaintiffs or defendants.	In a suit with 3 defendants, if the decree is based on a defect common to all, one defendant can appeal, and the Court may reverse the entire decree benefiting all defendants.
			Order41Rule5	Stay by Appellate Court • An appeal does not automatically stay the execution of a decree; the Appellate Court may order a stay for sufficient cause. • The Court must be satisfied that substantial loss may occur, the application isn’t delayed, and security is provided.	If a businessman appeals a decree to pay damages but shows risk of losing his business, the Appellate Court may stay execution until the appeal is heard.
			Order41Rule6	Security in case of order for execution of decree appealed from When a decree is being executed while an appeal is pending, the Court may require the appellant to provide security. This security ensures restitution of property or payment of its value if the appeal succeeds.	If a person’s property is attached for debt recovery and they appeal, the Court may allow the attachment only if they furnish security to cover potential losses.
			Order41Rule7	Omitted
			Order41Rule8	Exercise of power in appeal from order made in execution of decree The powers under rules 5 and 6 can be applied when an appeal is filed not against the decree itself, but against an order made during its execution.	If a Court orders the attachment of a debtor’s property to execute a decree and the debtor appeals against that attachment order, the Appellate Court can exercise the same powers as if it were considering a decree appeal.
			Order41Rule9	Registry of memorandum of appeal • When an appeal is filed, the Court that passed the decree will receive the memorandum of appeal, note the date of filing, and enter it in a special book called the register of appeal.	If a plaintiff files an appeal against a money decree in a Civil Court, the Court will record it in the register of appeal with the filing date for official tracking.
			Order41Rule10	Appellate Court may require appellant to furnish security for costs • The Appellate Court can require the appellant to provide security for the costs of the appeal or original suit, especially if the appellant resides outside India and has no sufficient property in India.	If a person living abroad files an appeal for a property dispute in India and doesn’t have enough property in India, the Court can demand security for costs; failing to provide it may lead to rejection of the appeal.
			Order41Rule11	Power to dismiss appeal without sending notice to Lower Court The Appellate Court can dismiss an appeal without notifying the lower court if the appellant fails to appear on the fixed hearing day or adjourned day, after giving the appellant an opportunity to be heard.	If a person files an appeal but does not appear on the hearing date, the Court may dismiss the appeal and notify the original court; a brief judgment explaining the reasons will be recorded, and a decree will follow
			Order41Rule11A	Time within which hearing under rule 11 should be concluded Every appeal under rule 11 should be heard as quickly as possible, and the Court should aim to conclude the hearing within 60 days from filing the memorandum of appeal.	If an appeal is filed on 1st September, the Court should try to complete the hearing by 30th October.
			Order41Rule12	Day for hearing appeal The Appellate Court, unless dismissing the appeal under rule 11, must fix a day for hearing the appeal, considering the current workload or business of the Court.	If the Court has multiple cases scheduled, it may fix the appeal hearing on a day that fits within its ongoing schedule.
			Order41Rule13	Omitted
			Order41Rule14	Publication and service of notice of day for hearing appeal When an appeal hearing day is fixed, the Appellate Court must publish and serve a notice: • Affix notice in the court-house and send it to the lower court. • Serve the respondent or their lawyer like a regular summons, including a copy of the memorandum of appeal. • New respondents added in appeal must be served; existing respondents are not required to be re-served.	If Mr. A appeals a decree, the Appellate Court sends notice to the lower court and serves Mr. B (respondent) with the appeal notice and memorandum of appeal.
			Order41Rule15	Omitted
			Order41Rule16	Right to begin On the hearing day, the appellant presents arguments first, then the respondent replies, after which the appellant can give a rejoinder.	On the hearing day, the appellant presents arguments first, then the respondent replies, after which the appellant can give a rejoinder.
			Order41Rule17	Dismissal of appeal for appellants’ default • If the appellant fails to appear on the hearing day, the Court may dismiss the appeal, but not on its merits. • If the respondent fails to appear while the appellant is present, the Court hears the appeal ex parte.	Mr. A appeals but does not appear—appeal may be dismissed; if Mr. B (respondent) doesn’t appear, Mr. A’s appeal is heard alone.
			Order41Rule18	Omitted
			Order41Rule19	Re-admission of appeal dismissed for default • If an appeal is dismissed for default (appellant didn’t appear or failed to deposit the required sum), the appellant can apply for re-admission. The Court shall re-admit the appeal if the appellant proves sufficient cause, possibly imposing terms on costs or conditions.	Mr. A’s appeal was dismissed as he missed the hearing due to sudden illness; on proving this, the Court may re-admit his appeal with costs payable.
			Order41Rule20	Power to adjourn hearing and direct persons appearing interested to be made respondents If someone who was a party in the original suit has an interest in the appeal but is not yet a party, the Court can adjourn the hearing and make them a respondent. However, no new respondent can be added after the appeal period unless the Court allows it for recorded reasons, possibly with costs conditions.	In an appeal over a property dispute, a co-owner not initially included in the appeal can be added as a respondent if the Court adjourns the hearing.
			Order41Rule21	Re-hearing on application of respondent against whom ex parte decree made • If an appeal was heard ex parte and a judgment was passed against a respondent, that respondent can apply to the Appellate Court for a re-hearing. The Court will allow it if the respondent proves notice was not properly served or he had sufficient cause for not appearing, and may impose terms as to costs or other conditions.	A respondent who didn’t receive the hearing notice for a property dispute appeal can get the appeal re-heard by the Appellate Court upon proving the lack of notice.
			Order41Rule22	Upon hearing respondent may object to decree as if he had preferred separate appeal A respondent in an appeal, even if he hasn’t filed an appeal himself, may object to the decree or take a cross-objection on any finding against him, as if he had filed a separate appeal, provided he does so within one month of receiving notice of the hearing (or within extended time allowed by the Appellate Court). The objection must be in the form of a memorandum, following the same rules as an appeal, and it can still be heard even if the original appeal is withdrawn or dismissed.	In a property dispute, if the Appellate Court is hearing the appellant’s appeal and the respondent believes a certain finding against him was wrong, he can file a cross-objection to challenge that specific part of the decree, even without filing a separate appeal.
			Order41Rule23	Remand of case by Appellate Court When an Appellate Court finds that a decree was passed on a preliminary point and reverses it, it may remand the case to the original Court for a fresh trial. The Appellate Court can specify the issues to be tried and the original Court must re-admit the suit under its original number, using existing evidence recorded during the earlier trial, subject to exceptions.	If a suit was dismissed because the original Court thought it lacked jurisdiction, but the Appellate Court disagrees, it can remand the case to the original Court to try the suit on its merits.
			Order41Rule23A	Remand in other cases When an Appellate Court reverses a decree not based on a preliminary point and finds that a re-trial is needed, it can remand the case to the original Court with the same powers as under rule 23—i.e., it can direct which issues are to be tried and ensure the suit is re-admitted under its original number, using existing evidence where appropriate.	If a plaintiff’s claim was wrongly rejected on the merits by the original Court, the Appellate Court can reverse that decision and send the case back for a full trial on specified issues.
			Order41Rule24	Where evidence on record sufficient Appellate Court may determine case finally If the Appellate Court finds the existing evidence sufficient, it can decide the case finally itself after resettling the issues, even if the original Court’s judgment was based on different grounds.	If the lower Court dismissed a contract dispute due to a technicality, but the evidence clearly shows breach, the Appellate Court can directly pronounce judgment in favor of the aggrieved party without sending the case back.
			Order41Rule25	Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from If the lower Court failed to frame or decide an important issue essential for a fair decision, the Appellate Court may frame such issue itself and send it back for trial. The lower Court will then record additional evidence and return its findings to the Appellate Court for final judgment.	In a property dispute, if the original Court didn’t address whether the sale agreement was valid, the Appellate Court can frame that issue and send it back for trial. After examining evidence, the lower Court reports back with its findings.
			Order41Rule26	Findings and evidence to be put on record. Objections to findings Findings and evidence from the lower court must be recorded and included in the case record. Both parties can object to these findings within a deadline set by the Appellate Court. Once the objection period ends, the Appellate Court will decide the appeal based on the record.	In a property dispute appeal, the lower court’s finding that the plaintiff owns the land is recorded. The defendant submits objections within the given time, claiming the evidence is insufficient. After the objection deadline, the Appellate Court decides the case considering the record and objections.
			Order41Rule26A	Order of remand to mention date of next hearing When the Appellate Court remands a case for retrial or frames issues for trial, it must specify a date for the parties to appear before the original court to get further directions about how the case should proceed.	In an appeal against a civil judgment, the Appellate Court remands the case for fresh evidence. It orders the parties to appear in the original trial court on 1st November to receive instructions on how the retrial should proceed.
			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.
			Order41Rule28	Mode of taking additional evidence When additional evidence is allowed, the Appellate Court may itself record the evidence or direct the lower court to do so and send it back.	In a contract dispute appeal, the Appellate Court orders the original trial court to record the testimony of a new witness and forward it for consideration in the appeal.
			Order41Rule29	Points to be defined and recorded When additional evidence is allowed, the Appellate Court must clearly specify the exact points or issues that the evidence should address and record these in its proceedings.	In a property dispute appeal, the Appellate Court allows additional evidence to prove ownership and directs that the evidence should specifically address the chain of title, recording this point in its order.
			Order41Rule30	Judgment when and where pronounced The Appellate Court must pronounce its judgment in open court, either immediately or on a later notified date. If it is a written judgment, reading the points decided, the decision, and the final order aloud is sufficient, while the full judgment is made available to the parties.	In a civil appeal, the Appellate Court hears both sides and delivers the judgment in court the next week, reading out the key points and decision, while providing a full written judgment for the parties to review.
			Order41Rule31	Contents, date and signature of judgment An Appellate Court judgment must be written and include the points decided, the decision, reasons for the decision, and relief granted if the original decree is reversed or changed. It must be signed and dated by the judge(s) when pronounced.	In an appeal over a breach of contract case, the written judgment specifies the contractual points in dispute, the decision favoring the appellant, the reasoning based on evidence, and the relief granted, signed and dated by the judge on the judgment day.
			Order41Rule32	What judgment may direct The Appellate Court’s judgment may confirm, modify, or reverse the lower court’s decree, or pass a decree/order based on the parties’ agreement about the appeal’s outcome.	In a property dispute appeal, the Appellate Court reverses the lower court’s decree and grants ownership to the appellant, or passes a settlement order agreed by both parties.
			Order41Rule33	Power of Court of Appeal The Appellate Court can pass or modify any decree or order needed to properly decide the case, even if the appeal concerns only part of the original decree, and can do so in favor of any party, whether they appealed or not.	In an appeal concerning a loan recovery case, the Appellate Court modifies the decree to increase the recovery amount and also orders the defendant to pay interest, even though the defendant did not appeal.
			Order41Rule34	Dissent to be recorded If an appeal is heard by multiple judges and one disagrees with the majority judgment, the dissenting judge must record in writing the decision they believe should be passed, along with their reasons.	In an appeal on a property dispute heard by three judges, if one judge disagrees with the majority and believes the property should be awarded to the respondent, they must write their opinion and reasoning in the court record.
			Order41Rule35	Date and contents of decree The Appellate Court’s decree is dated the day of judgment and includes the appeal number, parties’ details, relief granted, costs awarded, and is signed by the judges who decided the case. A dissenting judge does not need to sign the decree.	In a civil appeal, the decree dated 10th September 2025 specifies that the appellant is awarded property possession, mentions appeal number, party names, cost allocation, and is signed by the majority judges, while the dissenting judge does not sign.
			Order41Rule36	Copies of judgment and decree to be furnished to parties Parties in an appeal can apply to the Appellate Court to get certified copies of the judgment and decree, which they must pay for.	After the Appellate Court pronounces a judgment in a property dispute, the appellant applies for a certified copy of the judgment and decree and pays the required fees to obtain it for further legal use.
			Order41Rule37	Certified copy of decree to be sent to Court whose decree appealed from A certified copy of the Appellate Court’s judgment and decree must be sent to the original trial court, filed with the original case records, and entered in the civil suits register.	After deciding an appeal in a money recovery case, the Appellate Court sends a certified copy of its judgment and decree to the trial court, where it is filed in the original case file and recorded in the civil suit register.
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 • The procedural rules of Order 41 (which govern regular appeals) also apply, as far as possible, to appeals filed against Appellate Court decrees.	In a second appeal concerning a property dispute, the same procedures for filing, serving, and presenting appeals under Order XLI are followed, even though the appeal is against an Appellate Court decree.
			Order42Rule2	Power of Court to direct that the appeal be heard on the question formulated by it • When admitting a second appeal, the Court identifies the substantial question of law under Section 100 and may limit the hearing to that question. The appellant cannot raise other grounds without the Court’s permission.	In a second appeal on a contract dispute, the Court frames the question of whether a specific clause was enforceable. The appellant cannot argue unrelated issues unless the Court allows it.
			Order42Rule3	Application of rule 14 of Order XLI For appeals from an Appellate Court decree, any mention of the “Court of first instance” in Order XLI, Rule 14(4) refers instead to the Appellate Court from which the appeal originated.	In a second appeal against an Appellate Court’s decree, instructions in Rule 14(4) about sending records to the “Court of first instance” apply to the Appellate Court that issued the original appealed decree.
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) Appeal against order returning plaint to proper Court. (c) Appeal against rejection of application to set aside suit dismissal. (d) Appeal against rejection of application to set aside ex parte decree. (f) Appeal against order under rule 21 of Order XI. (i) Appeal against order on objection to draft document/endorsement. (j) Appeal against order setting aside or refusing to set aside a sale. (ja) Appeal against rejection of indigent person’s permission to sue. (k) Appeal against refusal to set aside abatement or dismissal of suit. (l) Appeal against order granting/refusing leave. (n) Appeal against rejection of application to set aside suit dismissal. (na) Appeal against rejection of indigent person’s permission to sue. (p) Appeal against orders in interpleader suits. (q) Appeal against order under rules of Order XXVIII. (r) Appeal against order under rules of Order XXXIX. (s) Appeal against order under rules of Order XL. (t) Appeal against refusal to re-admit or re-hear an appeal. (u) Appeal against order remanding a case by Appellate Court. (w) Appeal against order granting review application.
			Order43Rule1A	Right to challenge non-appealable orders in appeal against decrees A party can challenge non-appealable orders in an appeal against the final decree by arguing the order was wrong or that a compromise should or should not have been recorded.	In an appeal of a civil suit decree, the appellant argues that an interim order wrongly admitted inadmissible evidence, affecting the judgment, or that a settlement compromise was improperly rejected.
			Order43Rule2	Procedure The procedural rules of Order 41 apply, as far as possible, to appeals filed against orders.	In an appeal challenging the rejection of a suit dismissal, the procedure for filing, serving, and hearing the appeal follows the same steps as prescribed in Order 41.
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	Who may appeal [as an indigent person] • A person entitled to appeal but unable to pay the required fee may apply to appeal as an indigent person, following the same rules as for indigent suits.	A poor litigant who cannot afford appeal fees applies to the court for permission to appeal as an indigent person in a property dispute case.
			Order44Rule2	Grant of time for payment of court-fee • If an appeal application is rejected for non-payment of court fee, the Court may allow time to pay the fee later, treating the appeal as valid once the fee is paid.	An appellant’s appeal is rejected due to non-payment of court fee, but the Court allows 15 days to pay it, after which the appeal proceeds as if the fee was originally paid.
			Order44Rule3	Inquiry as to whether applicant is an indigent person If an applicant was already allowed to appeal as an indigent person earlier, a simple affidavit suffices unless disputed. If indigence arose later, the Appellate Court conducts an inquiry to verify the claim.	An appellant files an affidavit claiming continued indigence since the original decree; unless challenged by the respondent, no further proof is needed. But if indigence developed later, the court investigates before allowing the appeal.
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	“Decree” defined In this context, the term “decree” also includes a final order, unless stated otherwise.	A final order dismissing a suit is treated the same as a decree for purposes of appeal under this rule.
			Order45Rule2	Application to Court whose decree complained of • To appeal to the Supreme Court, a person must first apply by petition to the Court whose decree is being challenged, which should decide the petition quickly, ideally within 60 days.	A party wanting to appeal a High Court decree to the Supreme Court must first file a petition in the High Court, which tries to decide the petition within 60 days.
			Order45Rule3	Certificate as to value or fitness • A petition for appeal must state the grounds and request a certificate that (i) a substantial legal question of general importance is involved, and (ii) it should be decided by the Supreme Court. The opposite party is given a chance to object.	In a civil appeal, the petitioner claims the case raises an important legal issue needing Supreme Court review and requests a certificate, while the respondent is notified to argue against granting it.
			Order45Rule4	Omitted
			Order45Rule5	Omitted
			Order45Rule6	Effect of refusal of certificate • If the court refuses to grant the certificate for appeal, the petition is dismissed.	An appellant’s petition for a certificate to appeal to the Supreme Court is denied, so the petition is automatically dismissed.
			Order45Rule7	Security and deposit required on grant of certificate When a certificate for Supreme Court appeal is granted, the applicant must, within 90 days (or as extended), provide security for the respondent’s costs and deposit money for preparing and transmitting the case record, excluding unnecessary documents.	After receiving the certificate, an appellant in a civil dispute deposits money for court record transcription and provides security in government bonds to cover the respondent’s costs before the appeal proceeds.
			Order45Rule8	Admission of appeal and procedure thereon Once security and deposit are properly furnished, the Court admits the appeal, notifies the respondent, sends the case record to the Supreme Court, and provides authenticated copies of papers to the parties on request.	An appellant pays the required security and deposit; the High Court admits the appeal, notifies the respondent, sends the case record to the Supreme Court, and provides a certified copy of the relevant documents to the appellant.
			Order45Rule9	Revocation of acceptance of security Before the appeal is admitted, the Court may revoke its acceptance of the security if justified and issue further directions.	If it is discovered that the security submitted by the appellant is invalid, the Court may revoke its acceptance and ask the appellant to provide valid security before admitting the appeal.
			Order45Rule9A	Power to dispense with notices in case of deceased parties If an opposite party or respondent is deceased and never appeared in the case, no notice is required to be served on their legal representative. Instead, notices are affixed in the courthouse and published in newspapers as directed.	In a civil appeal, where the respondent passed away and never appeared in the trial, the court publishes the notice in a local newspaper and affixes it in the courthouse instead of serving the legal heir directly.
			Order45Rule10	Power to order further security or payment After the appeal is admitted but before sending the record to the Supreme Court, the Court may require the appellant to provide additional security or payment if the original is insufficient.	If translating the case record costs more than expected, the Court orders the appellant to pay extra fees or provide additional security before forwarding the record to the Supreme Court.
			Order45Rule11	Effect of failure to comply with order If the appellant fails to provide additional security or payment as ordered, the appeal is stayed, and cannot proceed without the Supreme Court’s special order, while the original decree can still be executed.	An appellant fails to pay extra fees for record transcription as ordered by the Court, so the appeal is put on hold, and the respondent can proceed to enforce the original decree.
			Order45Rule12	Refund of balance deposit After the case record is sent to the Supreme Court, the appellant can get a refund of any unused balance from the deposit made earlier.	An appellant deposits ₹50,000 for record preparation, but only ₹30,000 is used; after transmission, the remaining ₹20,000 is refunded to the appellant.
			Order45Rule13	Powers of Court pending appeal After an appeal certificate is granted, the original decree is generally executed unless the Court directs otherwise. The Court can stay execution, impound property, or require security from parties for compliance with future Supreme Court orders.	In a property dispute appeal, the Court may stay the execution of the decree on the appellant’s request and take security to ensure the Supreme Court’s final order is honored.
			Order45Rule14	Increase of security found inadequate If the security provided by either party seems insufficient, the Court can demand additional security. Failure to furnish it may lead to execution of the decree (if appellant’s security is inadequate) or staying/restoring positions (if respondent’s security is inadequate).	During an appeal, the appellant’s security is deemed too low; the Court orders more. If the appellant fails, the decree is executed as if no security was provided.
			Order45Rule15	Procedure to enforce orders of the Supreme Court To execute a Supreme Court decree or order, a party petitions the Court from which the appeal originated, which forwards it to the appropriate court for execution according to usual procedures. The order remains effective even if a deceased party never appeared.	After the Supreme Court awards money in a civil appeal, the appellant applies to the High Court, which forwards the decree to the trial court to enforce payment, even though the original respondent had passed away without appearing in the case.
			Order45Rule16	Appeal from order relating to execution Orders made by a court executing a Supreme Court decree can be appealed in the same way as orders related to the execution of that court’s own decrees.	If a trial court issues an order on how to enforce a Supreme Court money judgment, that order can be challenged on appeal just like any execution-related order of the trial court.
			Order45Rule17	Omitted
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	Court may pass decree contingent upon decision of High Court • The Court may pass a conditional decree depending on the High Court’s decision, but it cannot execute that decree until the High Court’s judgment is received.	In a property dispute, the trial court passes a decree stating the final outcome will depend on the High Court’s ruling on title ownership, and the decree is not executed until the High Court delivers its judgment.
			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.
			Order46Rule4A	Reference to High Court under proviso to section 113 Rules 2, 3, and 4 apply to references made by a Court to the High Court under the proviso to Section 113, just like references under rule 1.	If a trial court refers a legal question to the High Court under Section 113’s proviso, the procedure (notice, hearing, transmission of judgment) follows the same steps as in ordinary references under rule 1.
			Order46Rule5	Power to alter, etc., decree of Court making reference When a case is referred to the High Court, the High Court may amend, alter, cancel, or set aside the decree or order of the referring Court and pass any order it deems appropriate.	A trial court refers a legal question to the High Court, which then cancels the trial court’s decree and issues a new order based on its ruling.
			Order46Rule6	Power to refer to High Court questions as to jurisdiction in small causes If a court doubts whether a suit belongs in a Court of Small Causes, it can refer the question to the High Court, which then directs whether to proceed or send the plaint to the proper court.	A Small Causes Court is unsure if a property dispute qualifies for its jurisdiction and refers the case to the High Court, which then orders the plaint to be presented in a civil court instead.
			Order46Rule7	Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes If a District Court finds a subordinate court wrongly decided jurisdiction over a Small Causes case, it must submit the record to the High Court, which can pass any appropriate order, even after the decree	A District Court notices a Small Causes Court wrongly handled a commercial dispute and refers the case to the High Court, which then directs the proper court to hear the suit.
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	Application for review of judgment 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	Omitted
			Order47Rule3	Form of applications for review • Applications for review must follow the same formal procedure as appeals, with necessary adjustments.	A review application challenging a civil judgment must include a memorandum of review, grounds for review, and follow the same format as an appeal petition.
			Order47Rule4	Application where rejected • If the Court finds no sufficient ground, the review application is rejected. If granted, the opposite party is given notice, and strict proof is required for claims of newly discovered evidence.	An application to review a judgment is granted only after the respondent is notified, and the applicant proves that new evidence wasn’t available earlier despite due diligence.
			Order47Rule5	Application for review in Court consisting of two or more Judges • If any of the Judges who passed the original decree or order are still part of the Court and available, they alone must hear the review application—not any other Judges.	A review application for a judgment given by a two-judge bench is heard only by one or both of the original Judges, provided they remain attached to the Court and are not absent for six months
			Order47Rule6	Application where rejected If a review application is heard by multiple Judges and the decision is equally split, the application is rejected; otherwise, the majority opinion prevails.	A three-Judge bench hears a review application and two Judges reject it while one supports it—so the application is rejected based on the majority.
			Order47Rule7	Order of rejection not appealable. Objections to order granting application An order rejecting a review application is not appealable, but an order granting it can be challenged by appeal. If the applicant missed the hearing for good reason, they can apply to restore the application.	If a review application is rejected because the applicant didn’t appear, they may later request the Court to restore it by proving a valid reason, and the Court will set a new hearing date.
			Order47Rule8	Registry of application granted, and order for re-hearings When a review application is granted, it is recorded in the register, and the Court may re-hear the case immediately or decide how the re-hearing should proceed.	If a review application succeeds, the Court records it and may call both parties to re-argue the case or set specific terms for the re-hearing.
			Order47Rule9	Bar of certain application Once a review has been decided, no further review application can be made against that order or decree.	If a party applies for a review of a judgment and the Court passes an order, they cannot apply again to review that same order or the resulting decree.
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	Process to be served at expense of party issuing • The party requesting process service must bear the expense, and court-fee for service must be paid before issuing the process.	If a plaintiff asks the Court to summon the defendant, the plaintiff must pay the court-fee and bear the cost of delivering the summons.
			Order48Rule2	Orders and notices how served • All orders, notices, and documents must be served in the same way as a summons.	A notice of hearing in a civil suit is served to the respondent just like a summons, following the same delivery procedures.
			Order48Rule3	Use of forms in appendices • The standard forms in the appendices must be used for their intended purposes, allowing reasonable modifications based on the specific case.	When filing a plaint, a party should use the prescribed plaint form from the appendix, adjusting it to include relevant facts and details of their unique case.
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	Who may serve processes of High Court Processes of the High Court (except summons to defendants, writs of execution, and certain notices) may be served by the parties’ attorneys, their employees, or other persons as directed by the High Court.	A High Court summons to a witness in a matrimonial case can be served by the petitioner’s lawyer or a person employed by them, as per the High Court’s rules.
			Order49Rule2	Saving in respect of Chartered High Courts • The Schedule does not override existing rules of Chartered High Courts regarding evidence or recording judgments and orders.	If a Chartered High Court already has specific procedures for recording judgments, those procedures continue to apply despite this Schedule.
			Order49Rule3	Application of rules • Certain procedural rules (relating to pleadings, evidence, memoranda, and appeals) do not apply to Chartered High Courts when exercising their original or appellate civil jurisdiction.	A Chartered High Court handling a civil appeal need not follow Rule 35 of Order XLI, which typically governs appeals in other courts.
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.
Order51	Section 79, 80, 82 & 151 CPC	Order 51 of the CPC deals with special provisions for suits by or against the government or public officers in their official capacity. It outlines the procedure for serving notices, representation, and protection from personal liability of government officials. This Order ensures that suits involving government parties are conducted efficiently while safeguarding public officers acting in good faith.	Order51Rule1	Presidency Small Cause Courts Most provisions of this Schedule do not apply to Presidency Small Cause Courts in Calcutta, Madras, and Bombay, except as specified in certain rules and the Presidency Small Cause Courts Act, 1882.	A suit filed in the Bombay Presidency Small Cause Court is governed by its own Act and specific rules, not by the general rules of this Schedule.

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