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The Code of Civil Procedure: A Comprehensive Guide

Explore the essential aspects of the Code of Civil Procedure 1908, including jurisdiction types, filing suits, and stages in court proceedings. Learn about the different types of civil suits and the concept of jurisdiction in civil matters.

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The Code of Civil Procedure: A Comprehensive Guide

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  1. CODE of CIVIL PROCEDURE 1908

  2. Introduction Statute Prescribing law relating to procedure of Civil Courts; Structure - 158 Sections in First (main) part; 51 ORDERS in Second part (contain Rules); Scheme - Sections - BasicPrinciples Creating Jurisdiction; Rules - Detailed Procedure for Exercising Jurisdiction;

  3. Some Basic Definitions (S. 2) Decree (2) Decree-holder (3) Government Pleader (7) Judge (8) Judgment (9) Judgment-debtor (10) Legal representatives (11) Mesne profits (12) Order (14) Caveat : (S. 148 A)

  4. Proceedings in Civil Courts In Original / Trial Courts - Original Suits of a Civil nature; Original Applications; Interlocutory Applications; Miscellaneous Applications including Reviews; In Superior Courts - References; Revisions; Appeals;

  5. The Most Basic Proceeding---- “Suit of a Civil Nature”

  6. Meaning & Scope (S.9) • Virtually Limitless connotation; • Can involve disputes for Rights to- • Propertyor, • Office - • Even if purely dependant on religious rites/ceremonies; • With / Without Fees; • Irrespective of being attached to any particular place;

  7. S.9 - The Bottomline Virtually any dispute or actionable grievance a potential Suit of Civil nature; Limiting clause – “unless expressly or impliedly barred”;

  8. Typical Civil Suits Title Suits; Money Suits; Matrimonial Suits; Guardianship Cases; Succession Matters etc.;

  9. “Jurisdiction” The competency of a Court to entertain/ adjudicate upon any particular subject matter; Types of Jurisdiction:- i) Pecuniary, ii) Territorial, iii) Of Subject matter;

  10. Filing of Suits In Court ofLowest Grade competent to try (S.15); Place of Suing (S.16) – For immovable property – Where situated; If situated in different places - in any of those Courts or, Where Defendant resides / works for gain or, Where cause of action / part arises;

  11. Finality of Proceedings -I S.10: Stay of Suits - Ifthe matter in issue is directly and substantially same, as in a former suit between same parties – No Court to proceed with Trial in a suit, till decision of earlier Suit,

  12. The Finality -II S. 11: Res – Judicata -Ifthe matter in issue is directly & substantially same, as in a former suit – A suit / Issue already decided not to be reopened / re-adjudicated subsequently between same parties, or those claiming through them;

  13. Stages in Suit hearing / trials Filing in Court, Preliminary Scrutiny (O.VII), Issuance of Summons / Notices (O. V), Ascertaining Contest after Service (O.IX), Completion of pleadings (WS etc.) (O.VIII), Disposal of Interlocutory Applications,

  14. Stages in Suit Hearing / Trials Framing of Issues (At any stage), Discovery, Inspection /Admissions (O.XI); Evidence of plaintiff (s); Evidence of defence side(Order XVIII); Cross-examination of witnesses giving evidence in chief by way of affidavits (Post amendment); Arguments;

  15. The Conclusion 12. Judgment (O.XX);

  16. The Conclusion 13. Execution – If not complied within specified time;

  17. Thank You

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