Notes on CPC part 1(Self)-I For Lecture.ppt

CIVIL PROCEDURE CODE, 1908
 Introduction:-
 It consolidates the law relating to procedure of Civil
Courts.
 Scheme of the Act:- It has 158 sections in the first
part (the main part) and 51 ORDERS in the second
part containing Rules.
 The Sections contain the fundamental principles,
and thus create jurisdiction, whereas the Rules deal
with the detailed procedure as to how the
jurisdiction should be exercised.

Some Basic Terms (S.2)
 1) Decree (2)
 2) Decree-holder (3)
 3) Government Pleader (7)
 4) Judge (8)
 5) Judgement (9)
 6) Judgement-debtor (10)
 7) Legal representatives (11)
 8) Mesne profits (12)
 (9) Order (14)

Parties to a Suit
 Parties - The rival set of contesting persons in a suit;
 Suit - An original civil Proceeding between two or more rivals;
 Plaintiff- The party approaching the Court seeking relief;
 Defendant - The party against whom the suit is filed and relief
sought;
 There may be more than one plaintiff or defendant in a single suit
- the qualification is that the right of relief should arise out of the
same act or acts or transactions (Order I Rule 3 CPC);
 The Court can however itself order separate trials to preclude
embarrassment or delay (Order I Rule 3 and 3 (A);

Necessary and Proper
parties
 A party is considered “necessary” in a suit if the facts of the case indicate
that no effective or meaningful decision can be arrived at in his absence, e.g,
a tenant himself in a suit for evicting a sub-tenant;
 In the event of a necessary party not having been joined in the suit;
• The suit is liable to be defeated (due to non-joinder; Order I Rule 9,
Privso);
 Sometimes an unnecessary party is joined in the suit, e.g., the minor son of
a tenant in a suit for eviction even though residing with his father;
o But the suit does not suffer for such mis-joinder (Order I rule 9 CPC);
 Objections against mis-joinder or non-joinder of parties to be taken at the
earliest opportunity (Order I Rule 13);
 Court can strike out or add parties in its discretion Suo motto or on the
application of any party (Order I Rule 10 (2)CPC );

Pleadings (Orders VI to VIII CPC)
 Pleading means plaint or written
statement (Order VI Rule 1);
 Plaint - The detailed application submitted
by the plaintiff in Court seeking relief
against the defendant;
 Written Statement – The defendants’
detailed reply to the Plaint filed to contest
the suit;

Pleadings Generally (Order VI)
 Pleadings are only statements of Material
facts; not evidence (R. 2);
 Pleadings require particulars of alleged
breaches, or the conditions precedent (Rs.
4 & 6);
 Pleadings signed by party and pleader (R.
14);
 Disclosure of party’s registered address
(R. 14A);
 Pleadings to be verified (R. 15);

• Amendment of pleadings
(Order VI Rule 17)
o Normally parties not permitted to amend;
o Amendments however may be allowed for
determining “ the real questions in
controversy”;
o Terms and conditions may be imposed by
Court;
o Normally no amendment after
commencement of trial;
o Rejection of amendment in spite of
obtaining leave (R. 18);

Plaint (Order VII):-
 Contents (R.1):-
 Name of Court,
 Particulars of Plaintiff,
 Particulars of Defendant
 Statement of either party’s special status,
 Cause of action and its date of accrual,
 Showing Court’s jurisdiction,
 Relief claimed,
 Amount of relinquishment / Set-off;
 Valuation for Court-Fees;

Contents of Plaint (Contd.)
• Precise amount in Money suits (R. 2);
Approximate amount or value in some cases
(proviso);
• Description of immovable property (Rule 3);
• Plaintiff’s status as representative (Rule 4);
• Defendant’s interest and liability (Rule 5);
• Grounds for exemption from limitation (Rule 6);
• Specific statement of relief (Rule 7);

Return of Plaint (Rule 10 )
 For presentation in proper Court;
 After intimation to defendant (Rule 10A);
 Rejection of Plaint (Rule 11)
 No cause of action;
 Undervalued and failure to correct valuation;
 Insufficiently stamped;
 Barred by any law;
 Failure to correct clerical errors like not filing of sufficient copies;
 Documents relied upon to be annexed (R. 14)

Written Statement, Set-off & Counter-claim
(Order VIII)
 WS to be filed within 30 / 90 days of service (R. 1);
• WS to contain:-
 Documents relied upon in a defence (R. 1A);
 Specific plea of new facts (R. 2);
 Specific denials (3); No evasive denials (4);
 Failure to deny specifically causes presumption of admission subject to
Court’s discretion (R. 5);
 Particulars of set-off (Rule 6);

Counter Claim by defendant (Rule 6 A)
 Counter Claim is in a way the defendant’s
own plaint against plaintiff;
 Treated as a cross-suit;
 Plaintiff to file WS;
 To be governed by rules of a plaint;

Notes on CPC part 1(Self)-I For Lecture.ppt

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Notes on CPC part 1(Self)-I For Lecture.ppt

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