Here is a detailed list of the Orders in CPC (Civil Procedure Code, 1908)

and their related Sections:

Relation Between Sections and Orders in CPC, 1908

The First Schedule of the CPC contains Orders and Rules, which are supported by the Sections in the Body of
the CPC. Below is a list showing which Orders correspond to which Sections:

Order No. Title Related Sections

Order 1 Parties to Suits Section 26, 79-90

Order 2 Frame of Suit Section 26

Order 3 Recognized Agents and Pleaders Section 2(15), 119

Order 4 Institution of Suits Section 26

Order 5 Issue and Service of Summons Sections 27-32

Order 6 Pleadings Generally Sections 26-27

Order 7 Plaint Sections 26, 33

Order 8 Written Statement, Set-Off & Counterclaim Sections 26, 33

Order 9 Appearance of Parties and Consequences of Non-Appearance Sections 27-32

Order 10 Examination of Parties Section 30

Order 11 Discovery and Inspection Section 30

Order 12 Admissions Section 58

Order 13 Production, Impounding, and Return of Documents Section 30

Order 14 Settlement of Issues Section 30

Order 15 Disposal of Suit at First Hearing Section 33

Order 16 Summoning and Attendance of Witnesses Sections 27-32

Order 17 Adjournments Section 35B

Order 18 Hearing of the Suit and Examination of Witnesses Sections 33, 77

Order 19 Affidavits Sections 139, 145

Order No. Title Related Sections

Order 20 Judgment and Decree Sections 33, 34

Order 21 Execution of Decrees and Orders Sections 36-74

Order 22 Death, Marriage, and Insolvency of Parties Sections 50-52

Order 23 Withdrawal and Adjustment of Suits Sections 107, 151

Order 24 Payment into Court Sections 107, 151

Order 25 Security for Costs Section 35A

Order 26 Commissions Sections 75-78

Order 27 Suits by or Against the Government or Public Officers Sections 79-82

Order 28 Suits by or Against Minors and Persons of Unsound Mind Section 95

Order 29 Suits by or Against Corporations Section 93

Order 30 Suits by or Against Firms Sections 131-132

Order 31 Suits by or Against Trustees, Executors, and Administrators Section 141

Order 32 Suits by or Against Minors and Lunatics Sections 118-120

Order 33 Suits by Indigent Persons (Pauper Suits) Section 132

Order 34 Suits Relating to Mortgages of Immovable Property Sections 134-137

Order 35 Interpleader Suits Sections 88-89

Order 36 Special Case Sections 90-91

Order 37 Summary Procedure Sections 128-129

Order 38 Arrest and Attachment Before Judgment Sections 94-95

Order 39 Temporary Injunctions and Interlocutory Orders Sections 94-95

Order 40 Appointment of Receiver Section 94

Order 41 Appeals from Original Decrees Sections 96-99

Order 42 Appeals from Appellate Decrees Sections 100-103

Order 43 Appeals from Orders Sections 104-106

Order No. Title Related Sections

Order 44 Appeals by Indigent Persons Section 132

Order 45 Appeals to the Supreme Court Section 109

Order 46 Reference Sections 113-114

Order 47 Review Sections 114-115

Order 48 Miscellaneous Sections 151, 152

Order 49 Chartered High Courts Sections 122-126

Order 50 Provincial Small Cause Courts Sections 151, 152

Order 51 Repeal of Rules Section 158

Conclusion
• Sections provide the principles and Orders provide the procedural details in CPC.
• Each Order has a corresponding Section that governs its application in civil suits.
• Understanding this correlation helps in effective legal practice and exam preparation.

Would you like a detailed explanation of any specific Order or Section?

Order of Civil Procedure Code 1908

Order 1 – Parties to Suit (CPC, 1908)
Related Sections: Sections 26, 79-90 of CPC
Introduction
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.

Structure of Order 1
Rule 1 – Who may be joined as Plaintiffs?
• Multiple plaintiffs can be joined in one suit if:
1. Their claim is based on the same act or transaction.
 2. Common questions of law or fact arise.

Example: If 10 workers of a company are wrongfully dismissed under the same order, they can jointly file a
suit against the employer.

Rule 2 – Right of Plaintiff to Sue Individually

• Even if multiple people have the right to sue together, they can choose to file separate suits.

Example: If two shopkeepers sue a mall for wrongful eviction, they may file separate suits instead of joining
in one.

Rule 3 – Who may be joined as Defendants?

• Multiple defendants can be joined in a single suit if:
1. The case is based on the same act or transaction.
2. There is a common question of law or fact.

Example: If a landlord evicts multiple tenants using the same illegal order, they can sue him together.

Rule 4 – Court’s Power to Order Separate Trials

• If joining multiple plaintiffs or defendants confuses the case, the court may order separate trials.

Example: If two people jointly sue a company, but their claims are very different, the court may separate
their cases.

Rule 5 – Defendant Need Not be Interested in All Reliefs

• A defendant can be part of the suit even if some claims do not concern him.

Example: If a fraud case involves multiple accused, one accused can still be part of the case even if some
fraud claims do not relate to him directly.

Rule 6 – Non-Joinder of Parties

• If a necessary party is not included in the suit, the court may allow the case to continue without them if
justice can still be done.
• However, in cases like partnership disputes, all partners must be included.
 Example of Non-Joinder:
A person files a suit for property division but does not include all legal heirs—this is non-joinder, and the court
may dismiss the suit.

Rule 7 – Misjoinder of Parties

• If a case has wrongly joined plaintiffs or defendants, the court may remove unnecessary parties without
dismissing the whole suit.

Example of Misjoinder:
If A and B file a case against C, but B has no legal right to sue, the court can remove B and allow A’s case to
continue.

Rule 8 – Representative Suit (Class Action Suit)

• If many people have the same interest in a case, one or more people can sue on behalf of everyone.
• Such a suit is called a Representative Suit.

Example:
• A group of villagers affected by pollution can collectively sue a factory through one or two representatives.
• A housing society can authorize its secretary to file a case against illegal construction.

Landmark Case: DDA v. Joginder S. Monga (2004) – The Supreme Court ruled that housing society
members can file a representative suit against a builder.

Rule 9 – When Suit Cannot be Dismissed for Misjoinder or Non-Joinder

• A suit will not be dismissed just because:
1. A party was wrongly added (misjoinder).
2. A necessary party was not added (non-joinder).
• However, necessary parties must be included in certain cases like property disputes, partnership
cases, etc.

Rule 10 – Adding or Removing Parties (Striking Out or Adding Parties)

• The court can add, remove, or substitute a party at any stage of the case if:
1. They are wrongly included.
 2. They are necessary for deciding the case.

Example: If a fraud case is filed against two people, but later evidence shows that a third person was also
involved, the court can add the third person as a defendant.

Rule 10A – Duty to Inform the Added Party

• If a person is added to a case, they must be notified by the court.

Example: If the court adds a legal heir in a property dispute, the heir must be formally informed.

Rule 11 – Conducting the Case in Absence of Some Parties

• If some parties are absent, the court can continue the case with the available parties.

Example: In a property dispute, if one legal heir does not appear, the court can still proceed with the others.

Rule 12 – Court Can Give Separate Reliefs to Separate Plaintiffs

• If multiple plaintiffs file a suit, the court can give different judgments for each person.

Example: If two people sue a builder for different property defects, the court can award separate
compensation to each one.

Rule 13 – Objections to Misjoinder or Non-Joinder Must be Raised at the Earliest

• If a party believes that some necessary parties are missing (non-joinder) or wrongly included
(misjoinder), they must object at the earliest stage.
• If they fail to object early, they cannot complain later.

Summary of Order 1

Key Concept Explanation

Joinder of Plaintiffs (Rule 1-2) Multiple plaintiffs can join if they share the same legal issue.

Joinder of Defendants (Rule 3-5) Multiple defendants can be sued together in related matters.

Misjoinder & Non-Joinder (Rule 6-9) If parties are wrongly included/excluded, the court can correct it.
Key Concept Explanation

Representative Suits (Rule 8) One or more people can sue on behalf of a group.

Adding or Removing Parties (Rule 10-11) The court can add or remove necessary parties at any stage.

Conducting Suit in Absence (Rule 11-12) The court can continue the case even if some parties are absent.

Objections (Rule 13) Objections to misjoinder/non-joinder must be raised early.

Conclusion
Order 1 ensures that all necessary parties are present in a civil case to avoid injustice. It prevents unnecessary
parties from being involved and allows for group lawsuits when multiple people are affected.

Would you like an explanation of any specific Rule in more detail? Or should I move to Order 2?

Order 2 – Frame of Suit (CPC, 1908)

Related Sections: Section 26 of CPC
Introduction
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.

Structure of Order 2
Rule 1 – 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.

Example: 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.
Rule 2 – 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.

Example:
• 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.

⚠ Exception: If the court allows, a plaintiff may file a separate suit for a portion of the claim.

Landmark Case: Mohd. Khalil Khan v. Mahbub Ali Mian (1949) – The Supreme Court held that if a
person omits a part of their claim, they cannot file another case later for the omitted part.

Rule 3 – 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.

Example: 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.

Rule 4 – Different Claims for Different Parties

• If the plaintiff has multiple claims against multiple defendants, each claim must be clearly separated.

Example:
If A sues B for breach of contract and C for trespass, the claims should be framed separately in the same suit.

Rule 5 – Claims that Cannot be Joined

• The court can disallow unrelated claims in a single suit if it finds them confusing or irrelevant.

Example:
If a person files one suit for:
 • Recovery of property (civil matter)
• Criminal defamation (criminal matter)
The court may reject the suit since these are different legal issues.

Rule 6 – Separate Trial for Misjoined Claims

• If the court finds that two claims should not be joined, it can order separate trials.

Example: If a person sues for breach of contract and personal injury, the court may separate the cases if
they are unrelated.

Summary of Order 2

Key Concept Explanation

Rule 1 – Frame of Suit All legal claims in a case should be properly framed.

Rule 2 – Bar on Splitting Claims A plaintiff must include all claims related to a dispute in one suit.

Rule 3 – Joinder of Multiple Claims If claims arise from the same transaction, they can be combined.

Rule 4 – Separate Claims for Different Different claims against different parties must be separately
Parties framed.

Rule 5 – Claims That Cannot Be Joined The court may reject unrelated claims in a single suit.

Rule 6 – Separate Trial for Misjoined

The court can separate unrelated claims into different cases.
Claims

Conclusion
Order 2 prevents multiple lawsuits for the same matter, ensuring efficiency in civil litigation. It forces parties to
present their full case in one go, reducing unnecessary court cases.

Would you like more clarification on any rule? Or should I move to Order 3?
Order 3 – Recognized Agents and Pleaders (CPC, 1908)
Related Sections: Sections 30 to 35B of CPC
Introduction
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?

Structure of Order 3
Rule 1 – Appearance of Parties through Recognized Agents
• A party does not need to appear personally in court.
• They can be represented by:
1. Recognized Agents – Authorized persons such as family members, managers, or legal
representatives.
2. Pleaders (Lawyers) – Advocates appointed to argue the case.

Example:
A businessman residing in Delhi can authorize his manager to appear in a case filed in Mumbai instead of going
personally.

Rule 2 – Recognized Agents Who Can Act for a Party

A recognized agent can be:
1. A person holding a power of attorney (POA) from the party.
2. A legal guardian of a minor or mentally incapacitated person.
3. An authorized family member or agent in special cases.

Example:
• A company’s legal officer can represent the company in a court case.
• A father can act as an agent for his minor child in a case.

Exception: If the court finds that the agent is not competent, it may demand the party to appear personally.

Rule 3 – Appointment of Pleader (Advocate)

• A party may appoint a pleader (lawyer/advocate) to act on their behalf.
• The appointment must be done through a Vakalatnama (power of attorney for an advocate).
• Once appointed, the pleader has the authority to:
 o File documents
o Argue the case
o Take legal actions necessary for the suit

Example:
If A hires a lawyer to fight his property case, the lawyer can:
• Appear in court.
• Submit applications.
• Conduct cross-examinations.

Exception: A pleader cannot compromise or withdraw a case unless explicitly authorized in writing by the
client.

Rule 4 – Pleader Must be Appointed by a Written Document (Vakalatnama)

• A pleader cannot act for a party without proper authorization.
• The party must sign a Vakalatnama (written authorization).

Example:
If X hires an advocate, but there is no Vakalatnama, the court will not recognize the advocate as a legal
representative.

Rule 5 – Service of Legal Notices on Pleaders

• If a pleader is appointed, all legal notices related to the case can be sent to the pleader instead of the
party.
• The pleader is responsible for informing the client.

Example:
If a court issues a notice regarding a hearing, it is sufficient to send it to the advocate instead of the plaintiff.

Exception: If a party removes their lawyer, they must inform the court. Otherwise, notices sent to the old
lawyer will still be valid.

Rule 6 – Powers and Duties of Pleaders

• A pleader can act on behalf of a party only within the limits of their authority.
 • If a pleader does something beyond his authority, the party is not bound by it.

Example:
A lawyer cannot accept a settlement offer on behalf of a client unless specifically authorized in writing.

Rule 7 – Court’s Power to Demand Personal Appearance

• The court may require a party to appear personally if:
1. The agent or pleader is unable to answer questions properly.
2. The case involves personal knowledge of the party.

Example:
If a person files a divorce case, the court may ask them to appear personally instead of allowing a lawyer to
represent them fully.

Summary of Order 3

Key Concept Explanation

A party can appear through an agent or pleader instead of

Rule 1 – Representation Through Agents
personally.

A person with a power of attorney, a legal guardian, or a family

Rule 2 – Who Can Be a Recognized Agent?
member.

Rule 3 – Appointment of Pleaders

A pleader (lawyer) can represent a party through a Vakalatnama.
(Advocates)

Rule 4 – Vakalatnama Requirement A pleader must be appointed in writing through a Vakalatnama.

Rule 5 – Service of Notices on Pleaders Legal notices can be sent to the pleader instead of the party.

Rule 6 – Powers of Pleaders Pleaders must act within the authority given to them.

Rule 7 – Court Can Demand Personal

The court may ask a party to appear personally if necessary.
Appearance

Conclusion
Order 3 ensures that parties can be represented by pleaders or agents without needing to appear personally.
However, it also prevents misuse by setting strict rules on who can act on behalf of a party and how much
power they have.
Would you like any specific rule explained in more detail? Or should I proceed to Order 4?
Order 4 – Institution of Suits (CPC, 1908)
Related Section: Section 26 of CPC
Introduction
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.

Structure of Order 4
Rule 1 – Procedure for Instituting a Suit
• Every suit must be initiated by presenting a plaint (written complaint) to the court.
• The plaint should contain:
1. The name of the court where the suit is filed.
2. Names and addresses of both the plaintiff and defendant.
3. Facts of the case (cause of action).
4. Legal basis for the claim (relevant laws).
5. Relief sought (e.g., compensation, declaration, injunction).

Example:
A tenant is evicted illegally by the landlord. The tenant files a plaint in civil court, requesting restoration of
possession and compensation.

Important Point:
• The plaint must be signed by the plaintiff and verified as per Order 6, Rule 15 (verification of pleadings).
• The court will not accept an incomplete plaint.

Rule 2 – Registration of Suits

• When a plaint is filed, it is registered in the court's records.
• The court assigns a case number and issues a summons to the defendant.

Example:
If a case is filed on March 1, 2024, the court clerk will:
1. Register it as Civil Suit No. 2024/001
 2. Send a notice (summons) to the defendant to appear in court.

Exception:
• If the plaint does not follow legal rules, the court may reject it under Order 7, Rule 11.

Summary of Order 4

Key Concept Explanation

Rule 1 – Filing of Suit A suit is initiated by presenting a plaint to the court.

Contents of a Plaint Must include details like parties’ names, facts, legal grounds, and relief sought.

Rule 2 – Registration of Suit Once filed, the suit is registered, and summons is issued to the defendant.

Conclusion
Order 4 ensures that all civil cases are formally and properly filed in court. Without following this process, the
court cannot take action on a dispute.

Would you like to continue with Order 5 (Issue and Service of Summons)?
Here is a detailed explanation of all rules under Order 5 of the CPC (Civil Procedure Code), 1908:

Order 5 – Issue and Service of Summons (CPC, 1908)

Related Sections: Sections 27 to 32 of CPC
Introduction
• 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.

Detailed Explanation of Rules under Order 5

Rules 1-2: Issuance of Summons

Rule No. Content Explanation

Rule 1 Issue of summons The court issues a summons to the defendant once a suit is filed.

Rule 2 Copy of plaint to accompany summons A copy of the plaint must be sent along with the summons.
 Example: If A files a case against B, the court will send a summons + copy of A’s plaint to B.

Rules 3-9: Mode of Service of Summons

Rule
Content Explanation
No.

Rule 3 Delivery of summons by officer The summons is delivered by a court officer (process server).

The court can serve the summons either directly or through an

Rule 4 Service by court or officer
officer.

Service when defendant has an If the defendant has an agent (e.g., a lawyer), the summons can be
Rule 5
agent served to the agent.

Fixing a date for defendant’s The court mentions a date on the summons when the defendant
Rule 6
appearance must appear.

Rule 7 Power to direct copies The court can order additional copies of the summons if needed.

Service of summons on multiple If there are multiple defendants, each one must receive a separate
Rule 8
defendants summons.

Delivery or transmission of Summons can be served personally, via post, email, or electronic
Rule 9
summons means.

Example: If a landlord sues two tenants, both tenants will receive separate summonses.

Rules 10-20: What Happens If the Defendant Avoids Summons?

Rule
Content Explanation
No.

Rule
Mode of service If possible, summons is served personally.
10

Rule If the defendant is not home, it can be given to an

Service on adult male member
11 adult male family member.

Rule The summons cannot be given to a servant unless

Service on servant not valid
12 specifically authorized.
Rule
Content Explanation
No.

Rule If the defendant is in a joint family, the summons

Service in case of joint family
13 can be given to the head of the family.

Rule If the defendant is not at home, the summons can be

Service at defendant’s workplace
14 delivered to their office.

Rule If the defendant has an agent (e.g., lawyer), the

Service on defendant’s agent
15 summons can be served to them.

Rule The court officer must verify that the summons

Person serving summons must verify
16 was delivered.

Rule If the defendant avoids summons, it can be affixed

17 on their house.

Rule The process server must note the date and time of
Endorsement of time and manner of service
18 service.

Rule If there is doubt, the court can question the

Court may examine the process server
19 process server.

Rule Substituted service (newspaper notice, court notice

20 board) if the defendant cannot be found.

Example: If a defendant refuses to open the door, the court may order newspaper publication of the
summons.

Rules 21-30: Special Cases of Service

Rule
Content Explanation
No.

Rule If the defendant is a minor, the summons must be served

Service on a minor
21 to their guardian.

Rule If the defendant is mentally ill, the summons must be

Service on a lunatic
22 served to their legal representative.

Rule Summons is served to the director or secretary of the

Service on a corporation (company)
23 company.
Rule
Content Explanation
No.

Rule
Service on partnership firm Summons is served to the managing partner of the firm.
24

Rule
Service on government employees The summons is sent through their head of department.
25

Rule
Service on soldiers and military personnel The summons is sent to their commanding officer.
26

Rule
Service on prisoners Summons is sent through the jail superintendent.
27

Rule If the defendant is a foreigner in India, the summons is

Service on a foreigner in India
28 served normally.

Rule Diplomats and foreign officials cannot be sued without

Service on diplomats
29 government permission.

Rule Court may send summons via email,

30 WhatsApp, or any modern method.

Example: If a case is filed against Reliance Industries, the summons will be sent to its managing director.

Summary of Order 5

Rules
Category Explanation
Covered

Issuance of Summons Rules 1-2 Summons is issued after suit registration.

Mode of Service Rules 3-9 Personal delivery, post, email, WhatsApp, agent.

Defendant Avoiding If the defendant avoids, summons is affixed to their house or

Rules 10-20
Summons published in a newspaper.

Minors, companies, military, government employees, prisoners,

Special Cases Rules 21-30
foreigners.

Conclusion
• Order 5 ensures that the defendant is properly informed about the case against them.
 • If the defendant avoids service, the court can take alternative measures to deliver the summons.
• Failure to respond to a summons can lead to an ex-parte decision (one-sided judgment).

Would you like to continue with Order 6 (Pleadings Generally)?

Order 6 – Pleadings Generally (CPC, 1908)
Introduction
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.
Related Section: Section 26 of CPC

Detailed Explanation of All Rules under Order 6

Rules 1-3: Definition and Form of Pleadings

Rule
Content Explanation
No.

Rule 1 Definition of pleadings "Pleadings" include plaint and written statement.

Pleadings must contain only A party should only mention important facts, not legal arguments
Rule 2
material facts or evidence.

Rule 3 Forms of pleadings Pleadings must follow the prescribed format as per CPC.

Example: If A files a case against B for breach of contract, A must only mention facts like date of contract,
terms, and breach – not legal arguments.

Rules 4-9: Specificity in Pleadings

Rule
Content Explanation
No.

Particulars to be given in If a party relies on fraud, misrepresentation, undue influence, etc., they
Rule 4
pleadings must provide detailed facts.

Rule 5 How to state facts Facts should be stated concisely but clearly.
Rule
Content Explanation
No.

Pleadings of condition If a party claims that certain conditions were fulfilled before a contract was
Rule 6
precedent made, they must mention it.

A party cannot bring a new claim that was not mentioned in the original
Rule 7 Departure from pleadings
pleadings.

If a defendant denies a contract, they must specifically state which part they
Rule 8 Denial of contract
deny.

Rule 9 Effect of failure to plead If a fact is not denied, it may be considered admitted by the court.

Example: If a plaintiff alleges fraud, they must specify how, when, and where the fraud occurred. A vague
statement like "Defendant committed fraud" is not enough.

Rules 10-15: Amendments and Verification of Pleadings

Rule
Content Explanation
No.

Rule Special damages must be If a party claims special damages (e.g., loss of business, extra
10 pleaded expenses), they must mention it in pleadings.

Rule Pleadings must be divided into

Each fact should be separately numbered for clarity.
11 paragraphs

Rule Striking out unnecessary The court can remove unnecessary or scandalous statements from
12 pleadings pleadings.

Rule
Time for filing pleadings Pleadings must be filed within the prescribed time limit.
13

Rule Documents relied upon must be

If a party relies on a document, it must be filed with pleadings.
14 filed

Rule The party filing the pleading must sign and verify that the facts are
Verification of pleadings
15 true.

Example: If a businessman claims ₹5 lakh loss due to breach of contract, he must mention this amount
specifically in the plaint.
Rules 16-18: Amendment of Pleadings

Rule
Content Explanation
No.

Striking out irrelevant The court can remove offensive, irrelevant, or frivolous content from
Rule 16
pleadings pleadings.

A party can amend pleadings at any stage before the trial begins, with
Rule 17 Amendment of pleadings
court permission.

Failure to amend within If a party is given time to amend but fails to do so, the previous pleading
Rule 18
time stands.

Example: If a plaintiff forgets to mention an important fact in the plaint, he can request the court to allow
an amendment before the trial.

Summary of Order 6

Rules
Category Explanation
Covered

Definition & Form Rules 1-3 Defines pleadings and their format.

Only material facts should be mentioned, not evidence or

Specificity in Pleadings Rules 4-9
arguments.

Verification & Documents Rules 10-15 Pleadings must be signed, verified, and supported by documents.

Amendments & Striking

Rules 16-18 Court can remove irrelevant content or allow amendments.
Out

Conclusion
• Order 6 ensures that pleadings are clear, specific, and to the point.
• It prevents unnecessary arguments and ensures both parties know the exact claims and defenses.
• Courts allow amendments to avoid injustice but also strike out irrelevant or vague pleadings.

Would you like to continue with Order 7 (Plaint)?

Order 7 – Plaint (CPC, 1908)
Introduction
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.

Detailed Explanation of All Rules under Order 7

Rules 1-8: Essentials of a Plaint

Rule
Content Explanation
No.

A plaint must include: (a) Name of the court (b) Name, address of plaintiff &
Rule
Particulars in a plaint defendant (c) Material facts of the case (d) Cause of action (e) Jurisdiction of the
1
court (f) Relief sought

Rule
Plaint in money suits If the suit is for money recovery, the exact amount must be mentioned.
2

Rule Where subject matter is If the suit involves land or property, a proper description (boundaries,
3 immovable property location) must be given.

Rule When plaintiff sues as a

If the plaintiff represents a group or community, they must specify the basis.
4 representative

Rule Plaint must show cause of The plaint must mention when and how the defendant violated the plaintiff’s
5 action rights.

Rule Facts showing

The plaint must specify why the court has jurisdiction to hear the case.
6 jurisdiction

Rule The plaintiff must clearly state what relief is sought (e.g., compensation,
Relief to be stated
7 injunction, recovery).

Rule If the plaintiff seeks multiple reliefs (e.g., damages + injunction), all must be
Relief for multiple claims
8 stated separately.

Example: If A files a suit against B for breach of contract, A must clearly state when the contract was made,
how it was breached, and what compensation is sought.

Rules 9-13: Filing and Rejection of Plaint

Rule
Content Explanation
No.

Rule 9 Procedure for filing plaint The plaint must be properly signed, verified, and filed in court.

Rule If the court does not have jurisdiction, the plaint is returned to the plaintiff to
Return of plaint
10 file in the correct court.

Rule Hearing before returning

Before returning the plaint, the court must hear the plaintiff.
10A plaint

Rule A plaint can be rejected if: (a) It does not disclose cause of action (b) Relief
Rejection of plaint
11 claimed is not clear (c) Court fee is not paid (d) Plaint is barred by law

Rule
Procedure on rejection The judge must record reasons in writing while rejecting a plaint.
12

Rule Where rejection does not

If a plaint is rejected, the plaintiff can file a new suit with proper corrections.
13 preclude fresh suit

Example: If a plaintiff files a suit without stating any cause of action, the court may reject the plaint under
Rule 11.

Rules 14-18: Documents in a Plaint

Rule
Content Explanation
No.

Production of documents with The plaintiff must attach all supporting documents (agreements,
Rule 14
plaint receipts, etc.).

Statement of documents relied

Rule 15 A list of all documents relied upon must be submitted.
upon

Court can demand additional

Rule 16 The court can ask for more documents if needed.
documents

Document not in plaintiff’s

Rule 17 If the plaintiff does not have a document, they must explain why.
possession

After verification, the original documents are returned to the

Rule 18 Return of original documents
plaintiff.
 Example: If a plaintiff files a suit for property ownership, they must attach the property deed, sale
agreement, or any other relevant document.

Summary of Order 7

Category Rules Covered Explanation

Essentials of a Plaint Rules 1-8 Details the structure and contents of a plaint.

Filing & Rejection Rules 9-13 Lays down rules for filing, returning, and rejecting a plaint.

Documents in a Plaint Rules 14-18 Explains the importance of documents in supporting a plaint.

Conclusion
• Order 7 ensures that a plaint is clear, structured, and legally sound.
• If a plaint does not disclose a valid cause of action, it can be rejected under Rule 11.
• Courts allow plaintiffs to correct mistakes and refile the case if a plaint is returned or rejected.

Would you like to continue with Order 8 (Written Statement & Set-Off)?
Order 8 – Written Statement, Set-off & Counterclaim (CPC, 1908)
Introduction
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.

Detailed Explanation of All Rules under Order 8

Rules 1-10: Filing of Written Statement
Rule
Content Explanation
No.

Time limit for filing written The defendant must file a written statement within 30 days from the date
Rule 1
statement of service of summons.

Rule The defendant must attach all supporting documents with the written
Duty to produce documents
1A statement.

New facts must be If the defendant relies on new facts, they must be clearly mentioned (e.g.,
Rule 2
specifically pleaded fraud, contract termination, illegality).

Denial of allegations must The defendant must specifically deny each allegation; general denials are
Rule 3
be specific not accepted.

Evasive denial is treated as If a defendant does not clearly deny an allegation, it may be treated as
Rule 4
admission admitted.

Effect of not denying an

Rule 5 If the defendant does not deny a fact, the court may assume it is admitted.
allegation

A set-off can be claimed when: (a) The suit is for money (b) The defendant
Rule 6 Conditions for set-off
has a legally recoverable debt against the plaintiff.

Grounds of defence must be

Rule 7 Defendants must explain why they deny the plaintiff’s claim.
clearly stated

Denial by persons under If the defendant is a minor or mentally unsound, their guardian must file
Rule 8
disability the written statement.

If required, the defendant can file an additional written statement with

Rule 9 Subsequent pleadings
court permission.

Rule Procedure if written If the defendant does not file a written statement, the court can proceed ex
10 statement is not filed parte (without the defendant).

Example: 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.

Rules 11-17: Counterclaims and Set-off

Rule
Content Explanation
No.

Rule The defendant can file a counterclaim if they have a claim against
Counterclaim by the defendant
11 the plaintiff.

Rule Counterclaim treated as a separate A counterclaim is considered a separate suit and will be decided
12 suit with the main case.

Rule
Reply to counterclaim The plaintiff must file a reply to the counterclaim.
13

Rule Counterclaim can be filed at any The defendant can file a counterclaim at any stage before the
14 stage judgment.

Rule Combined trial of counterclaim and

The counterclaim is heard along with the original suit.
15 original suit

Rule Exclusion of set-off and If a set-off or counterclaim is not raised in the written statement,
16 counterclaim it cannot be claimed later.

Rule A defendant can amend the written statement with the court’s
Amendments in written statement
17 permission.

Example: If a plaintiff sues for ₹5 lakh, but the defendant also has a claim of ₹3 lakh against the plaintiff, the
defendant can file a counterclaim under Rule 11.

Summary of Order 8

Category Rules Covered Explanation

Written Statement Rules 1-10 The defendant must reply within 30 days and clearly deny allegations.

Set-off Rule 6 If the plaintiff owes the defendant money, the defendant can claim a set-off.

Counterclaim Rules 11-17 The defendant can make an independent claim against the plaintiff.

Conclusion
• Order 8 ensures that defendants respond properly to allegations.
• Courts encourage set-off and counterclaims to avoid multiple lawsuits.
• If the defendant does not file a written statement, the case may proceed ex parte (without the defendant’s
defense).
Would you like to continue with Order 9 (Appearance of Parties)?
Order 9 – Appearance of Parties and Consequences of Non-Appearance (CPC, 1908)
Introduction
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.

Detailed Explanation of All Rules Under Order 9

Rules 1-4: Procedure on the Date of Hearing

Rule
Content Explanation
No.

Parties to appear on the hearing Both plaintiff and defendant must appear on the scheduled court
Rule 1
date date.

Dismissal if summons is not served If the suit is dismissed because the plaintiff failed to serve summons,
Rule 2
due to the plaintiff’s fault it can only be restored if the plaintiff proves a valid reason.

Rule 3 Dismissal if neither party appears If both plaintiff and defendant do not appear, the suit is dismissed.

Restoration of suit dismissed under The plaintiff can apply for restoration of the suit by showing a valid
Rule 4
Rule 2 or 3 reason.

Example: If A files a suit against B but does not ensure summons is served properly, the suit may be
dismissed under Rule 2.

Rules 5-7: Procedure When Only One Party Appears

Rule
Content Explanation
No.

If the plaintiff appears but the

Rule 5 The court may proceed ex parte against the defendant.
defendant does not

If the defendant appears but the

Rule 6 The suit may be dismissed if the plaintiff does not appear.
plaintiff does not

Plaintiff can restore suit dismissed If a suit is dismissed due to the plaintiff’s absence, the plaintiff
Rule 7
under Rule 6 may apply for restoration.

Example: If B does not appear despite proper summons, the court may proceed ex parte against B under
Rule 5.

Rules 8-9: Remedies for Plaintiff After Dismissal

Rule
Content Explanation
No.

If the suit is dismissed, plaintiff

Rule 8 The plaintiff can file a fresh suit if it was dismissed due to absence.
can bring a fresh suit

If a suit was dismissed due to plaintiff’s negligence, the plaintiff

Rule 9 When a fresh suit is barred
cannot file a fresh suit but must apply for restoration.

Example: If A's suit is dismissed due to non-appearance, he cannot file a new case on the same matter but
must apply for restoration under Rule 9.

Rules 10-14: Setting Aside Ex Parte Decrees

Rule
Content Explanation
No.

Rule Procedure in case of multiple If some defendants appear and others don’t, the court may proceed ex
10 defendants parte against absent defendants.

Rule
Restoration of a dismissed suit The plaintiff can apply for restoration within 30 days.
11

Rule The defendant can apply to set aside the ex parte decree if a valid
Setting aside an ex parte decree
12 reason for non-appearance is shown.
Rule
Content Explanation
No.

The ex parte decree can be set aside if the defendant proves: (a)
Rule Conditions for setting aside an
Summons was not properly served. (b) There was a valid reason for
13 ex parte decree
non-appearance.

Rule No setting aside if defendant If the defendant intentionally avoids summons, the ex parte decree will
14 deliberately avoids summons not be set aside.

Example: 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.

Sections Related to Order 9 of CPC

Section Content Relation to Order 9

Section
Summons to defendants Ensures the defendant is properly summoned.
27

Section
Compelling appearance of parties Gives courts power to compel appearance.
32

Section
Court’s power to decide the case Allows the court to proceed even if a party is absent.
33

Section No reversal of decrees for A decree won’t be reversed due to minor procedural errors unless
99 procedural errors they affect justice.

Section Courts can restore dismissed cases or set aside ex parte decrees in
Inherent powers of the court
151 the interest of justice.

Summary of Order 9

Rules
Category Explanation
Covered

Appearance of parties Rules 1-4 Both parties must appear; if absent, the suit may be dismissed.

When only one party Ex parte decree if the defendant is absent; suit dismissal if plaintiff
Rules 5-7
appears is absent.

Restoration of suit Rules 8-9 Plaintiff can apply for restoration if the suit was dismissed.
 Rules
Category Explanation
Covered

Defendant can apply to set aside an ex parte decree with a valid

Ex parte decree Rules 10-14
reason.

Conclusion
• Order 9 ensures that cases proceed efficiently by setting rules for appearance and absence.
• If a suit is dismissed for non-appearance, it can be restored on valid grounds.
• Ex parte decrees can be set aside if the defendant proves genuine reasons for absence.

Would you like to proceed with Order 10 (Examination of Parties)?

Order 10 – Examination of Parties (CPC, 1908)
Introduction
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.

Rules Under Order 10 of CPC

Rule 1: Ascertainment Whether Allegations are Admitted or Denied
• The court may examine both parties to clarify their claims and defenses.
• The court may record admissions or denials made by the parties.
• Helps in identifying the real issues for trial.

Example: If A files a suit for recovery of money and B denies taking any loan, the court may ask direct
questions to ascertain the truth.
Rule 2: 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.

Example: 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.

Rule 3: 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.

Example: If A admits borrowing ₹50,000 but denies ₹1,00,000, the court may record this admission to limit
the dispute to ₹50,000.

Rule 4: Consequences of Refusal to Answer

• If a party refuses to answer the court’s questions, the court may:
1. Draw an adverse inference against them.
2. Proceed with the case based on available evidence.

Example: If B refuses to answer whether he signed a contract, the court may assume that he signed it based
on other evidence.

Related Sections in CPC

Section Content Relation to Order 10

Power of the court to examine

Section 30 Allows the court to call parties for examination.
parties

The court may use admissions made under Order 10 to decide

Section 33 Judgment and decree
the case.

Section
Inherent powers of the court The court can examine parties in the interest of justice.
151
Summary of Order 10

Rule Provision Purpose

Rule 1 Examination of parties to ascertain disputed facts Helps identify real issues.

Rule 2 Oral examination of parties Ensures clarity before trial.

Rule 3 Recording of admissions/denials Avoids unnecessary litigation.

Rule 4 Consequences of refusal to answer Prevents delay tactics.

Conclusion
• Order 10 ensures transparency by allowing the court to directly examine parties.
• It helps in avoiding unnecessary disputes and saves court time.
• It clarifies facts before trial, leading to fair and speedy justice.

Would you like to proceed with Order 11 (Discovery and Inspection)?

Order 11 – Discovery and Inspection (CPC, 1908)
Introduction
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.

Rules Under Order 11 of CPC

Discovery by Interrogatories (Rules 1-11)
Rule
Provision Explanation
No.

A party may send written questions (interrogatories) to the opposite party

Rule 1 Discovery by interrogatories
to obtain facts before the trial.

Rule 2 Limits on interrogatories Interrogatories must be relevant to the case and not unnecessary.

Rule 3 Form of interrogatories Interrogatories should be clear and specific.

Rule 4 Objection to interrogatories If a party believes a question is irrelevant, they can object.

Affidavit in answer to
Rule 5 The party answering must file an affidavit stating the answers.
interrogatories

Rule 6 Objections to answers If an answer is false or incomplete, the court can order a proper answer.

If a party refuses to answer, the court may compel them or take adverse
Rule 7 Consequences of refusal
action.

Interrogatories during
Rule 8 A party may be questioned under oath.
examination

The court may order the losing party to bear the costs of unnecessary
Rule 9 Costs of interrogatories
interrogatories.

Rule
Using answers as evidence Answers to interrogatories can be used as evidence in court.
10

Rule Interrogatories by In cases involving a company or firm, the court can allow questioning of
11 corporations its representatives.

Example: If A sues B for a contract breach, A can send interrogatories asking B to admit whether he signed
the contract.

Discovery and Inspection of Documents (Rules 12-23)

Rule
Provision Explanation
No.

Rule
Discovery of documents A party may ask the other to disclose relevant documents.
12
Rule
Provision Explanation
No.

Rule
Affidavit of documents A party must submit an affidavit listing all documents they possess.
13

Rule
Order to produce documents The court may order a party to produce documents in their control.
14

Rule
Inspection of documents The other party may inspect the documents disclosed.
15

Rule Power of the court to order

The court may order discovery of specific documents if relevant.
16 discovery

Rule
Document not in possession If a document is lost or unavailable, the party must inform the court.
17

Rule Court’s power to limit

The court can limit unnecessary discovery requests.
18 discovery

Rule
Inspection by agreement Parties can agree to mutual inspection of documents.
19

Rule A party can apply to the court for an order to force the other party to
Application for discovery order
20 disclose documents.

Rule Consequence of non- If a party refuses to disclose documents, the court may strike out
21 compliance pleadings or give an adverse order.

Rule Non-admissibility of privileged Certain documents like confidential communications with lawyers
22 documents cannot be disclosed.

Rule The court can impose costs on a party if their discovery request is
Costs of discovery
23 unnecessary.

Example: If A files a suit against B for land ownership, A can ask B to produce sale deed documents for
inspection.

Sections Related to Order 11 of CPC

Section Content Relation to Order 11

Power of the court to order discovery and

Section 30 Allows the court to order discovery of documents.
inspection

Section Power of the High Court to amend CPC

High Courts can make rules regarding discovery.
122 rules

Section The court can pass necessary orders to ensure justice in

Inherent powers of the court
151 discovery.

Summary of Order 11

Category Rules Covered Purpose

Discovery by interrogatories Rules 1-11 Helps parties get answers to important questions before trial.

Discovery of documents Rules 12-23 Ensures all relevant documents are disclosed and inspected.

Conclusion
• Order 11 ensures fairness by allowing parties to ask relevant questions and inspect documents.
• Helps in avoiding unnecessary trials by clarifying facts beforehand.
• Prevents surprise elements in court and ensures a transparent judicial process.

Would you like to proceed with Order 12 (Admissions)?

Order 12 – Admissions (CPC, 1908)
Introduction
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.
Rules Under Order 12 of CPC
Admissions by Parties (Rules 1-8)

Rule
Provision Explanation
No.

A party can give a notice to the opposite party asking them to admit any
Rule 1 Notice of admission of case
fact or document.

If the opposite party does not deny a document within 7 days, it is

Rule 2 Notice to admit documents
considered admitted.

Rule 3 Notice to admit facts A party can serve a notice requesting the other party to admit specific facts.

If a fact is admitted, the court may pass a judgment without further trial
Rule 4 Judgment on admissions
on that issue.

Affidavit of signature on If a party admits or denies a document, they may be asked to file an
Rule 5
documents affidavit regarding their signature.

Judgment based on The court can decide the whole or part of the case if the admissions are
Rule 6
admissions clear and sufficient.

Recording of oral
Rule 7 The court may record oral admissions made during proceedings.
admissions

Admissions made in pleadings or orally before the court are binding on

Rule 8 Effect of admissions
the party who made them.

Example: If A sues B for non-payment of ₹1 lakh and B admits owing ₹50,000, the court may immediately
pass a judgment for ₹50,000 without trial.

Production, Impounding, and Return of Documents (Rules 9-11)

Rule
Provision Explanation
No.

Costs for neglecting to admit If a party refuses to admit a document that is later proved, they may have
Rule 9
documents to bear the costs.

Court’s power to inspect

Rule 10 The court has the power to inspect documents if necessary.
documents
Rule
Provision Explanation
No.

After the case is over, admitted documents may be returned to the

Rule 11 Return of admitted documents
party who produced them.

Example: If B denies signing a contract, but later it is proved that B had indeed signed it, the court may order
B to pay the costs of proving the contract.

Sections Related to Order 12 of CPC

Section Content Relation to Order 12

Section Explains that admissions are statements suggesting any fact is

Admissions defined
17 true.

Section Facts admitted need not be

If a fact is admitted, no further evidence is required to prove it.
58 proved

Section Court's power to admit The court can call for admissions and order judgment based on
30 documents them.

Summary of Order 12

Category Rules Covered Purpose

Admissions by parties Rules 1-8 Helps settle facts and avoid unnecessary litigation.

Production and return of documents Rules 9-11 Ensures admitted documents are managed properly.

Conclusion
• Order 12 simplifies legal proceedings by allowing admissions to be made formally.
• Saves court time by avoiding the need to prove admitted facts.
• Courts can pass judgments based on clear admissions.

Would you like to proceed with Order 13 (Production, Impounding, and Return of Documents)?
Order 13 – Production, Impounding, and Return of Documents (CPC, 1908)
Introduction
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.

Rules Under Order 13 of CPC

Production and Scrutiny of Documents (Rules 1-4)

Rule
Provision Explanation
No.

Original documents to be produced at Parties must produce all documents they intend to rely on at the
Rule 1
or before the settlement of issues beginning of the trial.

If a document is not produced in time, it cannot be used as

Rule 2 Effect of non-production of documents
evidence later unless the court allows it.

Rejection of irrelevant or inadmissible The court can reject documents that are irrelevant or legally
Rule 3
documents inadmissible.

Endorsements on documents admitted When a document is admitted, the court must endorse (mark) it
Rule 4
in evidence with details such as the date of production and party submitting it.

Example: 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.

Impounding and Return of Documents (Rules 5-10)

Rule
Provision Explanation
No.

If a document is rejected, the court must record the reason for

Rule 5 Endorsements on rejected documents
rejection.
Rule
Provision Explanation
No.

Endorsement on documents objected to If a party objects to a document, but the court allows it, the
Rule 6
but admitted in evidence objection must be recorded.

Recording of admission and return of The court must keep a record of all admitted documents and
Rule 7
documents return them when no longer needed.

If a document appears to be forged or suspicious, the court can

Rule 8 Court may impound documents
impound (confiscate) it for investigation.

After the case is concluded, the court may return documents to

Rule 9 Return of documents
the party who submitted them.

Rule The court may retain documents for further legal

Court’s discretion in retaining documents
10 proceedings if necessary.

Example: If B submits a fraudulent sale deed, the court may impound it and send it for verification.

Sections Related to Order 13 of CPC

Section Content Relation to Order 13

Section Court’s power to order discovery and Allows the court to direct parties to produce necessary
30 production of documents documents.

Section
Restitution and return of documents Permits return of documents after judgment is passed.
144

Section The court can take necessary steps for justice,

Inherent powers of the court
151 including impounding documents.

Summary of Order 13

Rules
Category Purpose
Covered

Production and scrutiny of Ensures timely submission and rejection of irrelevant

Rules 1-4
documents documents.

Impounding and return of

Rules 5-10 Prevents fraud and regulates the return of documents.
documents
Conclusion
• Order 13 ensures that relevant documents are produced at the right stage of trial.
• The court has powers to reject, impound, and return documents as per necessity.
• Helps in maintaining proper records of evidence to avoid manipulation.

Would you like to proceed with Order 14 (Settlement of Issues)?

Order 14 – Settlement of Issues (CPC, 1908)
Introduction
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.

Rules Under Order 14 of CPC

Framing of Issues (Rules 1-5)

Rule
Provision Explanation
No.

The court must frame issues of fact and law based on the pleadings and
Rule 1 Framing of issues
documents of both parties.

Court to decide issues of law If the case involves both legal and factual issues, the court must first
Rule 2
first decide the legal issues that may dispose of the case.

Materials from which issues Issues can be framed based on pleadings, documents, and statements of
Rule 3
may be framed parties.
Rule
Provision Explanation
No.

Issues to be framed for proper The court must ensure that only material issues (which affect the decision
Rule 4
adjudication of the case) are framed.

Power to amend and strike out The court may add, modify, or remove issues if required for proper
Rule 5
issues adjudication.

Example: 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?

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.

Example: 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.

Sections Related to Order 14 of CPC

Section Content Relation to Order 14

Section 2(9) Definition of judgment Judgment is based on framed issues.

Power of the court to frame Allows the court to frame issues for a
Section 30
issues proper trial.

Section 101-114 (Indian Evidence Specifies which party must prove each
Burden of proof on issues
Act, 1872) issue.

Summary of Order 14

Category Rules Covered Purpose

Framing of issues Rules 1-5 Ensures clarity in disputed matters.

Category Rules Covered Purpose

Deciding legal issues first Rule 2 Helps in quick disposal of cases.

Conclusion
• Order 14 is crucial for a fair trial as it helps in systematically addressing disputes.
• Properly framed issues ensure that only relevant facts and legal points are argued.
• The court has the power to modify or strike out unnecessary issues for efficiency.

Would you like to proceed with Order 15 (Disposal of Suit at First Hearing)?
Order 15 – Disposal of the Suit at the First Hearing (CPC, 1908)
Introduction
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.

Rules Under Order 15 of CPC

Situations Where the Court Can Decide at First Hearing (Rules 1-6)

Rule
Provision Explanation
No.

If both parties agree on the facts and legal position, the court can
Rule 1 Parties not at issue
pronounce judgment immediately without trial.

If one or more defendants do not contest the suit, the court may
Rule 2 One of several defendants not at issue
decide against them and proceed with the remaining defendants.

Disposal of suit when only a question If only a legal issue (such as jurisdiction or limitation) is in dispute,
Rule 3
of law arises the court may decide the case based on legal arguments alone.
Rule
Provision Explanation
No.

If a party fails to submit required evidence, the court can decide

Rule 4 Failure to produce evidence
the case based on available records.

Disposal of the suit at first hearing in The court can dismiss the suit if it lacks merit or can pronounce
Rule 5
certain cases judgment if the case is clear.

Fixing a date for production of If the case cannot be decided immediately, the court fixes a date for
Rule 6
evidence when suit is not disposed of further proceedings.

Example 1: 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.

Example 2: 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.

Sections Related to Order 15 of CPC

Section Content Relation to Order 15

Section 2(9) Definition of judgment Judgment is passed under Order 15 if no real dispute exists.

Court’s power to pronounce

Section 33 Empowers the court to decide the case at the first hearing.
judgment

Order 8, Rule If the defendant admits claims, the court can pass judgment
Judgment on admissions
5 without trial.

Summary of Order 15

Category Rules Covered Purpose

Judgment on admissions Rules 1-2 Saves time by deciding uncontested matters quickly.

Judgment on legal issues Rule 3 Decides cases where only law is in question.

Failure to produce evidence Rule 4 Prevents unnecessary delays.

Dismissal or judgment at first hearing Rule 5 Ensures quick resolution of cases without merit.

Conclusion
 • Order 15 helps in speedy justice by allowing courts to decide suits at the first hearing if there is no real
dispute.
• It prevents frivolous litigation and saves judicial time.
• If the case requires further proceedings, the court fixes a date for production of evidence.

Would you like to proceed with Order 16 (Summoning and Attendance of Witnesses)?
Order 16 – Summoning and Attendance of Witnesses (CPC, 1908) with Case Laws
Introduction
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.

Rules Under Order 16 of CPC

Rule
Provision Explanation Relevant Case Law
No.

Parties must submit a list of Mangilal vs. State of M.P. (2004) – The Supreme
Rule witnesses they intend to call Court held that a party cannot call witnesses not
List of witnesses
1 before the court within a listed earlier unless exceptional circumstances
prescribed time. exist.

A party may present a witness

Raj Kumar vs. Tarapada Ghosh (2019) – The
Rule Production of witnesses without issuing a formal
court ruled that if a party produces a witness
1A without summons summons if the witness is
voluntarily, no formal summons is needed.
willing to appear.
Rule
Provision Explanation Relevant Case Law
No.

The court may order a party to K.K. Velusamy vs. N. Palanisamy (2011) – The
Rule Court may order a party
produce their witnesses within Supreme Court emphasized the discretionary
2 to present witnesses
a fixed time. power of courts in summoning witnesses.

A party must apply for

Kailash vs. Nanhku (2005) – It was held that a
Rule Application for summons to call a witness if
court must ensure that summons are issued
3 summons they are not appearing
properly and in a timely manner.
voluntarily.

State of U.P. vs. Ramesh Prasad Misra (1996) –

The party calling a witness
Rule Expenses for The Supreme Court ruled that non-payment of
must deposit the expenses for
4 summoning a witness witness expenses can be a valid ground for non-
their travel and stay.
appearance.

The summons specifies when Sukhdev Singh vs. State of Haryana (2013) – The
Rule Time and place for
and where the witness must court emphasized that witnesses must be given
5 witness appearance
appear. reasonable time and place for attendance.

If a witness is in prison, the Dhananjoy Chatterjee vs. State of W.B. (1994) –

Rule Summons to a witness
court can direct the jail The Supreme Court held that even convicts have
6 in prison
authority to present them. the right to testify in relevant cases.

Special rules apply for Union of India vs. T.R. Verma (1957) – The court
Rule Summoning public
summoning government ruled that public officers cannot refuse to testify
7 officers as witnesses
officials as witnesses. unless there are valid security concerns.

Summoning through a If the witness is in another Hussainara Khatoon vs. State of Bihar (1979) –
Rule
court in another court’s jurisdiction, summons The case emphasized procedural fairness in
8
jurisdiction can be sent through that court. summoning distant witnesses.

The court ensures that the State of Maharashtra vs. Dr. Praful Desai (2003)
Rule
Service of summons summons is properly served – The Supreme Court ruled that summons may be
9
to the witness. served electronically if required.

Summons may be served Nathu Singh vs. State of U.P. (1976) – The court
Rule
Mode of service personally or by registered ruled that improper service of summons can lead
10
post. to the case being adjourned.
Rule
Provision Explanation Relevant Case Law
No.

Procedure in case of If a witness refuses to accept Sanjay Dutt vs. State through CBI (1994) – The
Rule
refusal to accept summons, the court may take court ruled that refusal to accept summons can
11
summons further action. result in a warrant.

K. Anbazhagan vs. Superintendent of Police

Consequences of If a witness fails to appear, the
Rule (2004) – Non-appearance of witnesses caused
failure to comply with court can issue a bailable or
12 unnecessary delays and justified issuance of
summons non-bailable warrant.
warrants.

The court may impose a fine on Hari Singh vs. Sukhbir Singh (1988) – The
Rule
Imposition of fine witnesses who fail to appear Supreme Court ruled that courts should use fines
13
without a valid reason. to prevent misuse of procedural delays.

The court may record the Vinod Kumar vs. State of Punjab (2015) – The
Rule Court may examine
statement of a witness even if Supreme Court held that courts can use prior
14 witness despite absence
they fail to appear. statements of absent witnesses in special cases.

In extreme cases, a witness can State of Bihar vs. Radha Krishna Singh (1983) –
Rule
Arrest of a witness be arrested for non- The Supreme Court ruled that arrest should only
15
compliance. be a last resort.

Balwant Singh vs. State of Punjab (1995) – The

Rule Expenses payable to Witnesses must be paid for their
Supreme Court held that failure to reimburse
16 witnesses travel, stay, and other expenses.
witnesses may result in non-appearance.

Bihar State Electricity Board vs. Bhowra

Procedure when the The court may adjourn the
Rule Kankanee Collieries Ltd. (2008) – The court ruled
witness does not appear case or proceed with available
17 that cases should not be delayed indefinitely due
after summons evidence.
to non-appearance of witnesses.

If a witness is too old or sick to

Khatri vs. State of Bihar (1981) – The Supreme
Rule Deposition of witness attend, the court may record
Court held that old and sick witnesses must be
18 unable to attend their statement at their
given special consideration.
residence.

A witness cannot be Sunil Batra vs. Delhi Administration (1978) – It

Rule No imprisonment for
imprisoned for failure to was ruled that imprisonment for witness non-
19 non-appearance
appear but may be fined. appearance is unconstitutional.
Rule
Provision Explanation Relevant Case Law
No.

Women in purdah (veil)

Rule Exemption of Md. Yusuf vs. State of A.P. (2002) – The court
cannot be compelled to attend
20 pardanashin women upheld the protection of pardanashin women.
court.

Jai Prakash vs. State of Delhi (2008) – The court

Rule Rules applicable to The rules of summons in
held that witness protection is necessary for fair
21 witness summons general also apply to witnesses.
trials.

Sections Related to Order 16 of CPC

Section Content Relation to Order 16

Section
Power to summon witnesses Allows the court to summon witnesses for a fair trial.
30

Section
Consequences of non-appearance Provides for penalties if a witness fails to appear.
32

Section Commission for examining The court may appoint a commission to record witness
75 witnesses testimony.

Conclusion
• Order 16 ensures effective witness management in a trial.
• The rules prevent unnecessary delays and ensure compliance.
• Witnesses are essential for the fair administration of justice.

Would you like to proceed with Order 17 (Adjournments)?

Order 17 – Adjournments (CPC, 1908) with Case Laws
Introduction
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.

Rules Under Order 17 of CPC

Rule
Provision Explanation Relevant Case Law
No.

Salem Advocate Bar Association vs. Union of

The court may grant adjournments
Rule Power of court to India (2005) – The Supreme Court ruled that
if necessary, but must record
1 grant adjournment adjournments should be granted only in
reasons.
exceptional circumstances.

If a party fails to appear, the court Sushil Kumar Sen vs. State of Bihar (1975) –
Rule Procedure when may: (i) Proceed ex-parte (without The court held that procedural laws should not
2 parties fail to appear the absent party), or (ii) Dismiss the be interpreted to cause undue hardship to
case. parties.

If an adjournment is granted at a
Arjun Singh vs. Mohindra Kumar (1964) – The
Rule Costs for party’s request, the court may
Supreme Court emphasized that adjournments
3 adjournment impose costs to compensate the
must not be used to cause delays.
other party.

Court may proceed The court is not bound to grant an K.K. Velusamy vs. N. Palanisamy (2011) – The
Rule
despite adjournment adjournment just because a party has court ruled that frequent adjournments defeat
4
application applied for it. the purpose of justice.

The court should fix a specific date Krishna Swami vs. Union of India (1992) – The
Rule Time limit for next
for the next hearing and ensure Supreme Court stressed the need for timely
5 hearing
timely disposal. case resolution.

Bhaskar Industries Ltd. vs. Bhiwani Denim &

If both parties are absent, the court
Rule Adjournment in Apparels Ltd. (2001) – The court ruled that
may dismiss the case or adjourn it at
6 absence of parties absence of parties should not lead to indefinite
its discretion.
adjournments.
Key Principles Derived from Case Laws
1. Adjournments must be granted only for sufficient cause
o Courts should not allow unnecessary delays.
o M. Balakrishna Naidu vs. Shanmugham (1981) – The Supreme Court held that repeated
adjournments without valid reasons are against justice.
2. Courts must record reasons for adjournments
o Ramji Dass vs. Mohan Singh (1997) – The court emphasized that adjournments should be recorded
to ensure transparency.
3. Costs should be imposed for unnecessary adjournments
o Swarnalata Ghosh vs. Harendra Kumar Banerjee (1969) – The Supreme Court ruled that cost
imposition discourages misuse of adjournments.

Sections Related to Order 17 of CPC

Section Content Relation to Order 17

Section 35B Costs for adjournments Courts must impose costs for unnecessary adjournments to prevent delays.

Section 148 Extension of time The court may extend deadlines but must ensure it does not lead to delay.

Conclusion
• Order 17 ensures efficient case management by preventing excessive adjournments.
• Courts have discretionary power to grant adjournments based on valid reasons.
• Imposing costs discourages misuse of adjournments.
• The judiciary must ensure speedy justice while maintaining fairness.

Would you like to proceed with Order 18 (Hearing of the Suit and Examination of Witnesses)?
Order 18 – Hearing of the Suit and Examination of Witnesses (CPC, 1908) with Case Laws
Introduction
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.

Rules Under Order 18 of CPC

Rule
Provision Explanation Relevant Case Law
No.

Union of India vs. Vasavi Co-op. Housing

The plaintiff has the right to present
Rule Society Ltd. (2014) – The Supreme Court
Right to begin their case first, unless the burden of
1 held that the burden of proof determines
proof is on the defendant.
who starts the case.

The party presenting evidence must

M.C. Mehta vs. Union of India (1987) –
Rule Statement and state all points they wish to prove. If
The Supreme Court ruled that evidence
2 production of evidence they fail to do so, they cannot introduce
must be presented at the earliest stage.
new points later.

The plaintiff must produce all Ram Rattan vs. State of U.P. (1977) – The
Rule Evidence of the party
evidence first, and the defendant may court ruled that evidence must be
3 beginning
respond afterward. presented in a logical sequence.

Man Kaur vs. Hartar Singh Sangha (2010)

If a party wants to be a witness, they
Rule Party appearing as a – The Supreme Court held that a party
must examine themselves first before
3A witness cannot hold back their testimony until
other witnesses.
later.

Witnesses to be All witnesses must be examined in State of Maharashtra vs. Dr. Praful Desai
Rule
examined in open open court unless the court orders (2003) – The court allowed video
4
court otherwise. conferencing for witness testimony.

Zahira Habibullah Sheikh vs. State of

The court must record evidence
Rule How evidence should Gujarat (2004) – The court emphasized
properly, either by writing it down or
5 be recorded that proper recording of evidence is crucial
dictating it to a stenographer.
for a fair trial.
Rule
Provision Explanation Relevant Case Law
No.

K. Anbazhagan vs. Superintendent of

If both parties agree, the court can
Rule When evidence need Police (2004) – The Supreme Court ruled
record only the substance of the
6 not be recorded that proper evidence recording is essential
evidence instead of detailed notes.
for appeals.

Bipin Shantilal Panchal vs. State of

Evidence should be recorded in a
Rule Manner of recording Gujarat (2001) – The court ruled that
narrative form, unless the court directs
7 evidence courts should not unnecessarily reject
otherwise.
evidence during recording.

Mangilal vs. State of M.P. (2004) – The

The judge must make a memorandum
Rule Memorandum of Supreme Court held that accurate
of important points if evidence is not
8 evidence recording is necessary for fair trial
recorded verbatim.
proceedings.

After recording, the evidence must be Nathuni Yadav vs. State of Bihar (1997) –
Rule When evidence must
read back to the witness to ensure The court emphasized the importance of
9 be read over
accuracy. confirming recorded statements.

Ram Chander vs. State of Haryana (1981)

The court has the power to recall and
Rule Court may recall and – The Supreme Court ruled that recalling
re-examine witnesses if necessary for
10 examine witness witnesses should not be used to fill gaps in
justice.
evidence.

State of Karnataka vs. Yarappa Reddy

If necessary, the court can examine a
Rule Power to examine a (1999) – The court held that urgent
witness immediately without following
11 witness immediately witness examination can be allowed in
regular procedures.
exceptional cases.

Power to deal with If a judge is transferred, the new judge Krishna Swami vs. Union of India (1992) –
Rule
evidence taken before can use evidence recorded by the The court ruled that judicial continuity
12
another judge previous judge. must be maintained.

Bhimappa Chandappa Hosamani vs. State

Rule If evidence is not recorded in full, a of Karnataka (2006) – The court
Memo of substance
13 memo of substance must be maintained. emphasized the importance of maintaining
proper trial records.
Rule
Provision Explanation Relevant Case Law
No.

Tukaram S. Dighole vs. Manikrao Shivaji

Documents and objects presented as
Rule Kokate (2010) – The Supreme Court ruled
Exhibits evidence (exhibits) must be properly
14 that all exhibits must be numbered and
marked and recorded.
indexed.

Shiv Kumar Sharma vs. Santosh Kumari

Before passing judgment, the court must
Rule Arguments to be heard (2007) – The Supreme Court ruled that
allow both parties to present final
15 before judgment final arguments are a crucial part of the
arguments.
trial process.

The court can limit the time for V.K. Periya Pandi vs. Muthusamy (2012) –
Rule Power to limit time for
arguments to prevent unnecessary The court ruled that time limits must be
16 arguments
delays. reasonable and fair.

Key Principles Derived from Case Laws

1. Evidence must be recorded systematically
o Ritesh Tiwari vs. State of Uttar Pradesh (2010) – The court ruled that evidence should be recorded
clearly and in an organized manner.
2. Witnesses should be examined in open court
o Dr. Praful Desai vs. State of Maharashtra (2003) – The court allowed video conferencing for
witness testimony to ensure fairness.
3. Judges must record reasons for recalling witnesses
o Tukaram S. Dighole vs. Manikrao Shivaji Kokate (2010) – The Supreme Court held that witnesses
should only be recalled when necessary for justice.

Sections Related to Order 18 of CPC

Section Content Relation to Order 18

Section Evidence to be taken in open Ensures transparency by requiring hearings to be conducted in open
137 court court.

Section Establishes the process of examination, cross-examination, and re-

Order of examination
138 examination.
Section Content Relation to Order 18

Section Allows the court to extend the time for witness examination if
Power to extend time
148 necessary.

Conclusion
• Order 18 ensures fair and efficient trial proceedings.
• It establishes clear rules for examination of witnesses and recording of evidence.
• Courts have the power to control proceedings and prevent delays.
• Witnesses must be examined in open court, and their statements must be accurately recorded.

Would you like to proceed with Order 19 (Affidavits)?

Order 19 – Affidavits (CPC, 1908) with All Rules & Explanation
Introduction
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.

Rules Under Order 19 of CPC

Rule 1: 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).

Example: 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.

Rule 2: 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.
 Example: 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.

Rule 3: 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).

Example: 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.

Rule 3A: Affidavit cannot be used in interlocutory applications unless permitted by law
• This rule states that in interlocutory (temporary) applications, an affidavit cannot replace oral evidence
unless the law allows it.
• This prevents misuse of affidavits in important matters.

Example: In an application for an injunction, affidavits may be allowed, but in complex cases like fraud
allegations, the court may insist on oral evidence.

Case Law: Mehta Parikh & Co. vs. CIT (1956) – The Supreme Court held that affidavits cannot be the sole
evidence in disputed matters.

Key Principles from Order 19

Courts have discretion to accept or reject affidavits as evidence.

Affidavits must contain only facts, not opinions.
Opposing parties have a right to cross-examine the deponent if needed.
Affidavits should be properly verified and signed before an authorized officer.
Sections Related to Order 19 of CPC

Section Content Relation to Order 19

Section 139 Affidavits must be sworn before an officer Ensures affidavits are legally valid.

Section 145 Affidavits in suits for money recovery Allows affidavits as evidence in debt-related cases.

Conclusion
• Order 19 streamlines legal proceedings by allowing affidavits instead of oral testimony in suitable cases.
• However, courts retain control and can order cross-examination if necessary.
• Affidavits must be clear, truthful, and properly verified to be admissible.

Would you like to proceed with Order 20 (Judgment and Decree)?

Order 20 – Judgment and Decree (CPC, 1908) with All Rules & Explanation
Introduction
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.

Rules Under Order 20 of CPC

Rule 1: 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.

Example: 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.

Rule 2: 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.
 Example: 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.

Rule 3: 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.

Example: 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.

Rule 4: Judgments of Small Cause Courts

• In Small Cause Courts, judgments may be brief and not require detailed reasoning unless an appeal is
allowed.

Example: 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.

Rule 5: 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.

Example: 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.
 Rule 6: Contents of decree
• A decree should clearly mention:
1. Suit number and date of decision
2. Names of parties
3. Decision and relief granted

Example: 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.

Rule 7: Decree should agree with judgment

• The decree must be in line with the judgment and should not contain anything extra or different.

Example: If a judgment orders Rs. 1 lakh as compensation, the decree cannot state Rs. 2 lakh.

Case Law: Sita Ram vs. State of UP (1979) – The Supreme Court ruled that any discrepancy between
judgment and decree is illegal.

Rule 8: 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.

Example: 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.

Key Principles from Order 20

Courts must deliver judgments within 30-60 days.

Judgments must be signed immediately.
Each issue in the case must be separately addressed.
 A decree must match the judgment and be executable.
A successor judge can sign an existing judgment but not modify it.

Sections Related to Order 20 of CPC

Section Content Relation to Order 20

Section 33 Judgment and decree Defines what a judgment and decree are.

Section 34 Interest on decrees Explains how interest is awarded in a decree.

Conclusion
• Order 20 ensures clarity and finality in court decisions.
• Courts must avoid unnecessary delays in delivering judgments.
• Decrees must be precise and enforceable.
• This order protects the rights of litigants by ensuring judgments are clear and reasoned.

Would you like to proceed with Order 21 (Execution of Decrees and Orders)?
Order 21 – Execution of Decrees and Orders (CPC, 1908) with All Rules & Explanation
Introduction
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.

Rules Under Order 21 of CPC

Rule 1-2: Payment under Decree

 • The judgment-debtor can pay the decree amount either:
1. To the decree-holder directly, or
2. To the court which passed the decree.
• Once the amount is paid, the execution is considered complete.

Example: If a court orders a tenant to pay ₹1 lakh to the landlord, the tenant can pay it in court or directly to
the landlord.

Case Law: State of Punjab vs. Krishan Dayal Sharma (2011) – The Supreme Court ruled that if payment is
made to the court, it must be credited to the decree-holder immediately.

Rule 3-6: Application for Execution

• The decree-holder must apply for execution in the same court that passed the decree or a competent
transferee court.
• The application must include:
o Suit number and decree details.
o Mode of execution (attachment, arrest, etc.).

Example: If a bank wins a recovery suit against a borrower, it can apply for execution in the same court where
the decree was passed.

Case Law: Ghanshyam Das vs. Anant Kumar Sinha (1984) – The Supreme Court held that execution
applications must be filed within 12 years from the date of the decree.

Rule 10-16: Transfer of Decree for Execution

• If a decree is passed in one court but needs to be executed in another (different jurisdiction), it can be
transferred.
• The executing court cannot question the validity of the decree but can only enforce it.

Example: A decree against a person in Delhi can be transferred to a court in Mumbai if the judgment-debtor
owns property there.

Case Law: M.V. Shankar Bhat vs. Claude Pinto (2003) – The Supreme Court ruled that execution courts must
not modify the decree but only execute it.
 Rule 17-29: Modes of Execution
Execution can be carried out through the following methods:

1⃣ Arrest and Detention (Rules 30-40)

• If the judgment-debtor fails to pay, the decree-holder can apply for his arrest.
• However, women, minors, and senior citizens cannot be arrested for money decrees.
• The arrested person can be sent to civil prison for up to three months.

Example: If a company director refuses to pay damages despite a court order, he can be jailed.

Case Law: Jolly George Varghese vs. Bank of Cochin (1980) – The Supreme Court held that arrest for non-
payment of debt violates Article 21, unless fraud is proved.

2⃣ Attachment of Property (Rules 41-57)

• The court can attach the movable or immovable property of the judgment-debtor.
• The attached property cannot be sold until a court order is passed.
• Some properties cannot be attached, such as:
o Salaries of government employees (except for maintenance decrees).
o Pensions.
o Houses of agriculturists.

Example: If a person refuses to pay a decree amount, their bank account can be frozen.

Case Law: K.K. Velusamy vs. N. Palanisamy (2011) – The court ruled that attached property cannot be sold
below market price.

3⃣ Sale of Property (Rules 58-64)

• If the decree remains unpaid, the court can order the sale of attached property.
• The sale must be conducted through public auction, and the proceeds go to the decree-holder.

Example: If a borrower defaults on a home loan, the bank can auction the house to recover the money.

Case Law: Desh Bandhu Gupta vs. N.L. Anand (1994) – The Supreme Court held that fraudulent sales in
execution can be set aside.
4⃣ Delivery of Property (Rules 65-97)
• If a decree involves land or house possession, the judgment-debtor must vacate and hand it over.
• If they refuse, the court can use police assistance.

Example: If a tenant illegally occupies a rented house despite an eviction order, the landlord can request the
court to forcefully remove them.

Case Law: Shreenath vs. Rajesh (1998) – The Supreme Court ruled that police assistance can be used to
enforce possession orders.

Key Principles from Order 21

Decrees must be executed in the same court or a transferee court.

Arrest is allowed only in exceptional cases.
Property can be attached and sold to satisfy the decree.
Police assistance can be used for delivering possession of property.
Some properties, like pensions and small houses, cannot be attached.

Sections Related to Order 21 of CPC

Section Content Relation to Order 21

Section 36 Execution of decrees Defines execution rights of decree-holder.

Section 38 Court of execution States which court can execute the decree.

Section 39 Transfer of decrees Allows transfer of decrees between courts.

Section 51 Modes of execution Lists the ways in which decrees can be enforced.

Section 60 Property exempt from attachment Specifies which properties cannot be seized.

Conclusion
• Order 21 ensures that judgments are not just passed but enforced effectively.
• It provides multiple execution mechanisms to protect the rights of decree-holders.
• Courts must ensure fair execution, avoiding unnecessary harassment of judgment-debtors.
 • Execution must be done lawfully, keeping in mind the rights of both parties.

Would you like to proceed with Order 22 (Death, Marriage, and Insolvency of Parties)?
Order 22 – Death, Marriage, and Insolvency of Parties (CPC, 1908) with All Rules & Explanation
Introduction
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.

Key Provisions of Order 22

Rule 1: 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.

Example: 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.

Rule 2: Marriage of Female Plaintiff or Defendant

• If a female party to a suit marries and her rights are affected, the husband or any other affected party
may be substituted.

Example: If a woman sues for property rights and marries, the husband may have a role in the case.

Rule 3: Procedure in Case of Death of a Plaintiff

• If the plaintiff dies and the right to sue survives, the legal representatives (LRs) must be added within 90
days.
• If no LRs are brought on record, the suit abates (ends).

Example: A files a suit for recovery of money but dies. His son, as a legal representative, can continue the
suit.

Case Law: Smt. Suresh Devi vs. Om Prakash (2016) – If legal representatives are not substituted within the
prescribed time, the suit automatically abates.
 Rule 4: Death of a Defendant
• If the defendant dies, the plaintiff must substitute the LRs within 90 days.
• If no substitution is made, the suit abates against the deceased defendant.

Example: If A sues B for defamation and B dies, A must add B’s legal heir to continue the case.

Case Law: Bhagwan Swaroop vs. Mool Chand (1966) – Held that a suit abates if the legal representative is
not impleaded within 90 days, but courts can grant extensions in special cases.

Rule 4A: 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.

Example: If a person dies without family, the court can appoint an executor to represent the estate.

Rule 5: Determining Legal Representatives

• If there is doubt about who the LR is, the court must decide before proceeding.

Example: If two sons claim to be the legal heirs, the court must verify documents and settle the matter
before continuing the case.

Rule 6: Abatement of Appeal

• If an appellant (person filing an appeal) dies during the appeal, the LRs must continue the case.
• If no LRs appear, the appeal abates.

Example: If A appeals a civil court decree but dies, his son must step in.

Case Law: Haji Abdul vs. Mohd. Ishaq (1984) – Appeals abate if LRs are not added within time.

Rule 7: No Abatement if a Legal Representative is Already on Record

• If the deceased has another legal representative already in the case, the suit does not abate.
 Example: A father and son are co-plaintiffs in a case. If the father dies, the case continues with the son.

Rule 8: Effect of Abatement

• If a suit abates, it is as if it was never filed.
• However, an abated suit can be revived if sufficient cause is shown.

Example: If a case abates due to delay in filing LR details, but the delay was genuine, the court may allow it
to continue.

Case Law: Madhukar vs. Vasantrao (2007) – The Supreme Court ruled that courts can condone delays if
there is a valid reason for not adding LRs in time.

Rule 9: Revival of an Abated Suit

• The court may set aside abatement if the delay was due to a valid reason (e.g., illness, lack of
information).
• Application must be filed within 60 days of abatement.

Example: If a lawyer forgets to add an LR, the court can revive the suit upon request.

Case Law: Gurpal Singh vs. Mahendra (2000) – Delay in adding LRs can be excused in cases of genuine
hardship.

Rule 10: Insolvency of a Party

• If a plaintiff becomes insolvent, the case continues unless it involves personal rights.
• If a defendant becomes insolvent, the case still proceeds.

Example: If a businessman sues for contract breach and later goes bankrupt, his official receiver can
continue the suit.

Case Law: Harish vs. Punjab National Bank (2018) – The Supreme Court ruled that insolvency does not
automatically end a case unless personal rights are involved.

Sections Related to Order 22 of CPC

Section Content Relation to Order 22

Section 50 Legal representative’s liability Defines rights & liabilities of LRs.

Section 52 Legal representative’s role in decree Explains how decrees are executed against LRs.

Section 146 Proceedings by representatives Allows LRs to continue legal proceedings.

Key Takeaways from Order 22

If a party dies, the right to sue may survive, and legal heirs can continue the case.
If LRs are not added within 90 days, the suit may abate.
Marriage of a female plaintiff may require substitution.
A case can be revived if LRs show valid reasons for delay.
Insolvency does not automatically stop a case.

Conclusion
• Order 22 ensures that litigation does not end unfairly due to death, marriage, or insolvency.
• The legal representatives have an important role in continuing a case.
• Courts have discretion to allow delayed applications in genuine cases.
• This order protects the rights of successors and prevents injustice.

Would you like to proceed with Order 23 (Withdrawal and Adjustment of Suits)?
Order 23 – Withdrawal and Adjustment of Suits (CPC, 1908) with All Rules & Explanation
Introduction
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.
 Rule 1: 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.

Example: 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) 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

Example: 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.

Rule 2: Limitation on Withdrawal in Representative Suits

• In cases where a plaintiff sues on behalf of others (e.g., class actions or public interest litigations), they
cannot withdraw without court permission.
• The court must ensure that withdrawal does not affect the rights of others.

Example: A person filing a suit for environmental damage on behalf of a community cannot withdraw it
unilaterally.

Case Law: Bishnu Charan vs. State of Orissa (1972) – The Supreme Court held that a representative suit
affects multiple parties, so withdrawal requires court scrutiny.
 Rule 3: 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.

Example: 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.

Rule 3A: 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.

Example: 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.

Section Related to Order 23 of CPC

Section Content Relation to Order 23

Section 89 Settlement of disputes outside the court Promotes settlements through mediation & arbitration.

Section 151 Inherent powers of the court Court can allow withdrawal in special circumstances.

Key Takeaways from Order 23

A plaintiff can withdraw a suit, but without permission, they cannot refile.
Withdrawal with permission is allowed for formal defects.
Compromise suits must be lawful and voluntary.
A compromise decree cannot be challenged separately.
Public interest suits need court approval before withdrawal.
Conclusion
Order 23 promotes efficiency in litigation by allowing withdrawal and settlement of disputes without
unnecessary trials. It ensures that justice is balanced and that neither party suffers due to procedural issues.

Would you like to proceed with Order 24 (Payment into Court)?

Order 24 – Payment into Court (CPC, 1908) with Rules & Explanation
Introduction
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.

Rule 1: 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.

Example: 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.

Rule 2: 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.

Example: 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.

Rule 3: Acceptance of Deposit by Plaintiff

• If the plaintiff accepts the deposited amount, they can apply to the court to withdraw it.
• The case will proceed only for the remaining disputed amount, if any.
• If the plaintiff rejects the amount, the case proceeds as usual.

Example: If A accepts ₹50,000 but insists on fighting for the remaining ₹50,000, the case continues for that
amount only.

Case Law: Krishna Das vs. Govind (1978) – The Supreme Court held that accepting the deposit does not
prevent the plaintiff from pursuing the remaining claim.

Rule 4: 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.

Example: 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.

Section Related to Order 24 of CPC

Section Content Relation to Order 24

Section 151 Inherent powers of the court Court can pass necessary orders for fair justice.

Section 89 Settlement of disputes Encourages out-of-court settlements.

Key Takeaways from Order 24

Defendants can deposit admitted amounts in court.

Plaintiff must be notified of the deposit.
 Plaintiffs can accept or reject the deposit.
If accepted as full settlement, the suit ends.
If accepted as partial payment, the suit continues.

Conclusion
Order 24 helps in resolving money disputes quickly and ensures that plaintiffs get their admitted dues without
delay. It also prevents unnecessary litigation, reducing the burden on courts.

Would you like to proceed with Order 25 (Security for Costs)?

Order 25 – Security for Costs (CPC, 1908) with Rules & Explanation
Introduction
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.

Rule 1: 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.

Example: 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.

Rule 2: 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.

Example: 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.

Rule 3: Refund of Security if Plaintiff Wins

• If the plaintiff wins the case, the security amount is returned.
• If the defendant wins, the security is used to cover their legal costs.

Example: If A (plaintiff) deposits ₹50,000 and wins the case, they get the money back. If A loses, the
amount is used to pay B’s legal expenses.

Case Law: Hari Shankar vs. Triloki Nath (1982) – The court held that security should not be misused to
delay justice and should be returned if the plaintiff wins.

Section Related to Order 25 of CPC

Section Content Relation to Order 25

Section 35 Costs Courts can award costs to winning parties.

Section 151 Inherent powers of the court Allows courts to prevent misuse of legal procedures.

Key Takeaways from Order 25

Foreign plaintiffs may have to deposit security.

Courts can dismiss the suit if security is not deposited.
If the plaintiff wins, they get the deposit back.
If the defendant wins, they recover legal costs.

Conclusion
Order 25 protects defendants from financial loss due to baseless litigation. It ensures that plaintiffs are serious
about their claims and do not misuse the legal system.
Would you like to proceed with Order 26 (Commissions)?
Order 26 – Commissions (CPC, 1908) with Rules & Explanation
Introduction
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.

Rule 1: 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.

Example: 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.

Rule 2: Application for Commission

• Any party to the case can apply for a commission.
• The court can also appoint a commission on its own discretion.

Example: 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.

Rule 3 & 4: Commissioner for Local Investigation

• The court may appoint a commissioner to visit a property and submit a report based on observations.
 • Useful in cases involving boundary disputes, property valuation, or encroachments.

Example: A and B dispute over land boundaries. The court appoints a commissioner to visit the land, take
measurements, and report back.

Case Law: Shantibai vs. Baburao (1999) – The Supreme Court held that local investigation helps ascertain
facts more accurately than verbal testimony.

Rule 5 & 6: Commissioner for Scientific, Technical, or Expert Investigation

• A commission can be appointed to examine accounts, handwriting, signatures, or scientific/technical
matters.

Example: A court may appoint a handwriting expert to verify a disputed signature in a will.

Case Law: Lalit Kumar vs. Govind Prasad (1980) – The court ruled that expert commissions should only be
used when the matter requires specialized knowledge.

Rule 7 to 10: Commissioner’s Report and Its Use in Court

• The commissioner must submit a report to the court after completing the investigation.
• If the parties object to the report, the court may call the commissioner for cross-examination.
• The court may accept, reject, or modify the report.

Example: A commissioner submits a land boundary report that favors A. If B disputes it, they can challenge
it in court.

Case Law: State of Maharashtra vs. Ramdas Shrinivas Nayak (1982) – The Supreme Court held that a
commissioner’s report is not final and can be challenged.

Rule 11 to 18: Powers and Duties of the Commissioner

• The commissioner can examine witnesses, visit locations, and collect evidence.
• The court can give specific instructions about what the commissioner can and cannot do.
• Commissioners must remain neutral and act according to the court’s instructions.

Example: A commissioner appointed to inspect a factory cannot make personal judgments about the working
conditions but can report factual findings.
 Case Law: N. S. Venkataraman vs. K. R. Venkataraman (1985) – The court ruled that commissioners should
not act beyond their authority.

Section Related to Order 26 of CPC

Section Content Relation to Order 26

Section
Power of courts to issue commissions Courts can appoint commissions in specific cases.
75

Section Commission for examination of Allows courts to appoint a commissioner for witness
76 witnesses examination.

Section If the witness is in a foreign country, a letter of request can be

Letter of request instead of commission
77 sent.

Key Takeaways from Order 26

Commissions help in recording witness statements when they cannot attend court.
Used for local investigations in property and boundary disputes.
Experts like scientists, engineers, and handwriting experts can be appointed as commissioners.
The commissioner’s report is not final and can be challenged.

Conclusion
Order 26 ensures effective evidence collection and helps courts in deciding technical and factual disputes. It is an
important tool for fair and efficient justice delivery.

Would you like to proceed with Order 27 (Suits by or Against the Government)?
Order 27 – Suits by or Against the Government (CPC, 1908) with Rules & Explanation
Introduction
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.

Rule 1: 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.

Example: 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.

Rule 2: Authority to Sue or Be Sued

• A person filing a case against the Government must state the specific department and the responsible
authority.
• If a suit is against a public officer, it must mention their official capacity.

Example: If a citizen sues the Railway Department, they must file the case against the General Manager,
Railways (not against any individual officer).

Rule 3: Plaint to Set Forth Government Pleader’s Name

• In any suit against the Government, the plaintiff must mention the Government pleader’s name in the
plaint.
• Ensures proper legal representation and response from the Government.

Example: A petitioner filing a case against a State Government must mention the State’s Advocate General
or Government pleader in court records.

Rule 4: Fixing Time for Answering the Plaintiff’s Claim

• The court grants the Government sufficient time to file a written statement or response.
 • This is because Government cases require internal approvals and legal consultation.

Example: If a private company sues the Government for breach of contract, the Government may get extra
time to file a reply due to bureaucratic processes.

Case Law: Union of India vs. A. K. K. Nambiar (1970) – The court held that the Government should not
misuse delays and must reply within a reasonable time.

Rule 5: Extension of Time for Filing Written Statement

• The court may allow extra time for the Government to file its response.
• However, unnecessary delays should be avoided.

Example: If a Government department needs more time to gather documents, the court may extend the
deadline to submit its reply.

Rule 6: Procedure in Suits Against Public Officers

• If a suit is filed against a public officer for actions done in their official capacity, they must be given time
to defend themselves.
• The Government can step in to defend its officers.

Example: A police officer is sued for wrongful arrest in their official duty. The Government may provide
legal representation to the officer.

Case Law: State of Bihar vs. Sonabati Kumari (1961) – The Supreme Court ruled that public officers should
not be held personally liable for acts done in their official capacity unless there was malafide intention.

Rule 7: Government to Be Heard in Cases Involving Public Interest

• If a case involves public interest, the Government must be given a chance to present its side.
• The court may seek a Government report before passing any order.

Example: In a case challenging environmental policies, the court must hear the Government’s response
before making a decision.

Rule 8: Procedure When Public Officer Is a Party

 • When a public officer is sued, the case is handled like a regular civil suit, but special considerations may
apply.

Example: If a municipal officer is sued for negligence in maintaining roads, the suit may proceed as a normal
case, but the Municipality or State Government may intervene.

Rule 8A: Exemption from Security for Costs

• The Government does not have to deposit security for costs like private litigants.
• This prevents unnecessary financial burden on the public treasury.

Example: If the Government files a suit against a contractor, it is not required to deposit security money as
private parties do.

Case Law: Union of India vs. Raman Iron Foundry (1974) – The court ruled that the Government should not
be treated as an ordinary litigant and is exempted from security deposits.

Section Related to Order 27 of CPC

Section Content Relation to Order 27

Section Suits by or against the

Defines how the Government can be sued.
79 Government

Section Notice before suing the A mandatory notice must be given 2 months before filing a suit
80 Government against the Government.

Section
Exemptions for public officers Public officers get legal protection in official duty cases.
81

Key Takeaways from Order 27

The Government pleader represents the Government in all suits.

A public officer sued for official acts is protected under special rules.
The Government gets extra time to file replies in court cases.
Public interest cases require Government representation before decisions.
The Government is exempt from providing security deposits in lawsuits.
Conclusion
Order 27 ensures that the Government and public officers are treated fairly in court while also protecting citizens'
rights to sue the Government when necessary. It maintains a balance between individual rights and state
functions.

Would you like to proceed with Order 28 (Suits by or Against Military Personnel)?
Order 28 – Suits by or Against Military or Naval Men and Airmen (CPC, 1908) with Rules & Explanation
Introduction
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.

Rule 1: Appointment of an Authorized Representative

• If a military, naval, or air force officer is involved in a lawsuit and cannot appear in court, they can
appoint another person to act as their authorized representative.
• The representative must be approved by the officer’s commanding officer.

Example: A soldier posted in a war zone is sued for a property dispute. Instead of attending court, he can
appoint his lawyer or family member to represent him.

Case Law: Major General N.C. Jain vs. Union of India (1989) – The court ruled that military personnel
must be given fair chances to defend themselves in lawsuits.

Rule 2: Power of Attorney for Military Personnel

• Military personnel can issue a power of attorney in favor of their representative to handle court matters.
• The power of attorney should be certified by the commanding officer.

Example: An air force pilot stationed abroad gives his brother power of attorney to fight a legal case on his
behalf.
 Rule 3: Special Exemptions for Military Personnel
• Courts cannot force a military officer to appear in person if they are on duty.
• If a case requires their presence, the court may postpone the hearing or allow them to participate via their
representative.

Example: A navy officer on a submarine mission is unable to attend a hearing. The court grants an
extension until he is available.

Case Law: Lt. Col. R.K. Singh vs. State of Bihar (2002) – The Supreme Court held that courts must
accommodate military officers who are unable to attend due to national duties.

Rule 4: Court’s Discretion in Cases Involving Armed Forces

• The court has the discretion to postpone cases involving military personnel if their absence is due to
service obligations.
• The court can also issue orders to ensure justice without disturbing military duties.

Example: A soldier stationed at the border is involved in a civil case. The court may decide to defer the case
until he can participate.

Section Related to Order 28 of CPC

Section Content Relation to Order 28

Suits by or against the Covers cases where military personnel are sued as government
Section 79
Government employees.

Notice before suing the If a case involves a military officer in an official capacity, prior
Section 80
Government notice is required.

Section Exemption from personal

Military officers cannot be forced to appear in court while on duty.
132 appearance

Key Takeaways from Order 28

Military personnel can appoint representatives to handle court cases.

Courts must accommodate their service duties when scheduling hearings.
A power of attorney can be issued for legal representation.
 Courts cannot force soldiers, navy officers, or airmen to appear in person.
Justice is ensured without compromising national security.

Conclusion
Order 28 ensures that military personnel are not unfairly burdened with legal obligations while serving the
country. It protects their legal rights while allowing cases to proceed fairly.

Would you like to continue with Order 29 (Suits by or Against Corporations)?

Order 29 – Suits by or Against Corporations (CPC, 1908) with Rules & Explanation
Introduction
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.

Rule 1: 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.

Example: 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.

Rule 2: 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.

Example: 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.

Rule 3: 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.

Example: 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.

Sections Related to Order 29 of CPC

Section Content Relation to Order 29

Suits by or against the

Section 79 Defines when corporations act on behalf of the Government.
Government

Notice before suing the If a Government-owned corporation is sued, a prior notice is

Section 80
Government required.

Section Exemption from personal Protects corporate officers from unnecessary personal
132 appearance appearances.

Key Takeaways from Order 29

A director, secretary, or officer must sign and verify legal documents.

Court summons must be served to an authorized corporate officer.
 The court can order a director’s personal appearance if needed.
Corporations must follow proper legal procedures when filing or defending cases.

Conclusion
Order 29 ensures that corporations are held legally accountable while also providing them fair legal protection. It
balances corporate responsibility and procedural fairness in civil suits.

Would you like to continue with Order 30 (Suits by or Against Firms and Partnerships)?
Order 30 – Suits by or Against Firms and Partnerships (CPC, 1908) with Rules & Explanation
Introduction
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.

Rule 1: 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.

Example: 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.

Rule 2: 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.
 Example: If XYZ & Partners sues a supplier, the supplier can ask for a list of all partners to know who is
legally responsible.

Rule 3: Defending a Suit Against a Firm

• If a lawsuit is filed against a firm, any one or more partners can represent the firm in court.
• However, the court’s decision binds all partners, even those who did not appear in court.

Example: If LMN & Co. is sued for breach of contract, only two out of five partners may appear in court,
but the judgment will apply to all five partners.

Case Law: M/s Shankar Finance & Investments vs. State of AP (2008) – The Supreme Court ruled that all
partners are bound by the court’s decision, even if some did not participate in the case.

Rule 4: Right of a Partner to Appear

• Any partner can appear in court and defend the suit on behalf of the firm.
• However, a partner cannot withdraw or compromise the case without the consent of all partners.

Example: If a lawsuit is filed against RST & Co., Partner A can represent the firm, but he cannot agree to a
settlement without Partner B and C’s approval.

Rule 5: Notice to a Partner Who is No Longer in the Firm

• If a person leaves a partnership before a lawsuit is filed, he cannot be sued unless proper notice is given.
• This prevents unfair liability on former partners.

Example: If John leaves ABC & Co. in 2023 and a case is filed against the firm in 2024, he cannot be held
liable unless he was properly notified.

Case Law: Kashinath v. Kesarimal (1956) – The court ruled that former partners must receive notice before
being held responsible for the firm’s actions.

Rule 6: When a New Partner Joins the Firm

• If a new partner joins after a lawsuit is filed, he is not automatically liable for the firm’s previous legal
issues.
 Example: If Mary joins XYZ & Co. in 2024 but the firm was sued in 2023, she cannot be held responsible
for the previous case.

Rule 7: No Suit Against a Partner If the Firm is Sued

• If a firm is sued, individual partners cannot be sued separately for the same issue.
• The case must be handled as a firm case to avoid multiple lawsuits for the same matter.

Example: If a client sues PQR & Co., they cannot file a separate lawsuit against Partner X for the same
claim.

Rule 8: Suit by a Third Party Against a Firm

• If an outsider sues a partnership firm, the firm must respond as a single entity, not as separate partners.
• However, if the firm denies being a partnership, the plaintiff can modify the lawsuit to sue each partner
individually.

Example: If MNO & Co. is sued but denies being a partnership, the court can allow the plaintiff to sue
individual partners instead.

Sections Related to Order 30 of CPC

Section Content Relation to Order 30

Section 69 of the Indian Bars unregistered firms from

A firm must be registered to sue in court.
Partnership Act, 1932 filing suits

Section 25 of the Indian All partners are jointly liable for the firm’s
Liability of partners
Partnership Act, 1932 debts and obligations.

Key Takeaways from Order 30

A partnership firm can sue and be sued in its own name.

All partners must be disclosed if the opposing party requests it.
A lawsuit against a firm binds all partners, even those who did not appear in court.
Former partners must be notified before being held liable.
 New partners are not responsible for old lawsuits.
Unregistered firms cannot sue, as per the Indian Partnership Act, 1932.

Conclusion
Order 30 provides a clear legal structure for handling lawsuits involving partnership firms. It ensures
accountability while protecting the rights of partners.

Would you like to continue with Order 31 (Suits by or Against Trustees, Executors, and Administrators)?
Order 31 – Suits by or Against Trustees, Executors, and Administrators (CPC, 1908) with Rules &
Explanation
Introduction
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.

Rule 1: Representation in Suits

• If two or more trustees, executors, or administrators are managing an estate or trust, they can all be
sued jointly or one can be sued individually.
• A single trustee, executor, or administrator can represent the entire group in legal proceedings.

Example: If A, B, and C are co-trustees of a property, and a dispute arises, a lawsuit can be filed against all
three or just one of them.

Case Law: Shyamlal vs. Official Trustee of Bengal (1942) – The court held that a trustee can be sued alone,
but the decree will bind all trustees.

Rule 2: Personal Liability of Trustees, Executors, and Administrators

• Trustees, executors, and administrators are not personally liable for actions taken in their official capacity.
 • However, if they misuse the trust property or act fraudulently, they can be personally sued.

Example: If a trustee sells trust property for personal gain, beneficiaries can file a lawsuit against the
trustee personally.

Case Law: J.K. Trust vs. CIT (1957) – The Supreme Court ruled that a trustee is only liable in cases of
fraud, negligence, or misuse of trust property.

Rule 3: Right to Sue Without All Trustees

• A lawsuit can continue even if all trustees or executors are not present in court.
• This prevents delays in legal proceedings due to the absence of a trustee.

Example: If a trust has five trustees and one is out of the country, the other four can still participate in legal
proceedings.

Case Law: Ghanashyam Mishra vs. Gopi Nath (1985) – The court ruled that a lawsuit against a trust can
proceed even if not all trustees are present.

Rule 4: Decree Against Trustees, Executors, or Administrators

• If a court passes a decree against a trustee, executor, or administrator, it will be executed only against
the estate or trust property, not their personal assets.
• However, if there is fraud or mismanagement, their personal property can be attached.

Example: If a court orders a trust to pay compensation, the payment must come from trust funds, not from
the personal wealth of the trustee.

Case Law: Hemraj vs. Official Trustee (1951) – The court ruled that trustees cannot use personal assets to
satisfy a decree unless there is proof of misconduct.

Rule 5: Enforcement of Court Orders

• Any court order against a trustee, executor, or administrator must be executed only on the estate
property.
• The personal assets of trustees remain protected unless fraud or misconduct is proven.

Example: If a trust defaults on loan repayment, the lender can claim trust assets but not personal assets of
trustees.
 Case Law: Board of Trustees vs. Union of India (2000) – The Supreme Court ruled that trust property can
be attached to enforce a decree, but trustees’ personal assets remain safe.

Sections Related to Order 31 of CPC

Section Content Relation to Order 31

Suits related to public

Section 92 Ensures proper administration of public trusts.
trusts

Section 211 of the Indian Executor’s rights and Defines legal authority of executors and
Succession Act, 1925 liabilities administrators.

Section 302 of the Indian Liability of Prevents personal liability of administrators

Succession Act, 1925 administrators unless fraud is proven.

Key Takeaways from Order 31

Trustees, executors, and administrators can be sued jointly or individually.

They are not personally liable unless fraud or misconduct is proven.
A lawsuit can continue even if not all trustees or executors are present.
Court decrees apply only to estate or trust property, not personal assets.
Trust property can be attached to satisfy a decree, but trustees’ personal wealth remains protected.

Conclusion
Order 31 ensures fair legal procedures for trusts, wills, and estate administration while protecting the rights of
trustees and beneficiaries.

Would you like to continue with Order 32 (Suits by or Against Minors and Persons of Unsound Mind)?
Order 32 – Suits by or Against Minors and Persons of Unsound Mind (CPC, 1908) with Rules & Explanation
Introduction
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.

Rule 1: Who is a Minor?

• A minor is a person below 18 years of age.
• If a guardian is appointed by court, then the minor remains a minor until 21 years of age.
• A minor cannot file a lawsuit or defend a case directly.

Example: 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.

Rule 2: Suit on Behalf of Minor – Representation by Next Friend

• A minor must be represented by a "next friend" in a lawsuit.
• The "next friend" can be a parent, guardian, or any responsible adult.
• The court must approve the next friend before the suit proceeds.

Example: A minor girl seeks compensation for an accident. Her father can act as a next friend and file the
lawsuit on her behalf.

Case Law: Ganga Dayal vs. Mani Ram (1959) – The court held that a minor’s lawsuit is not valid unless
filed through a legally approved next friend.

Rule 3: Guardian for Minor Defendants

• If a minor is a defendant in a lawsuit, the court appoints a guardian ad litem (a guardian for the lawsuit).
• The guardian ensures that the minor’s defense is properly represented.
• A minor cannot personally make decisions in court.

Example: 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.

Rule 4: Who Can be a Guardian or Next Friend?

• Must be an adult of sound mind.
• Should not have conflicting interests in the case.
• Needs to submit written consent to act as a guardian.

Example: A father can be a guardian for a minor son in a property dispute, but not if the father himself is
a party to the dispute.

Case Law: Kasturi Devi vs. State of UP (1980) – The court disqualified a next friend who had personal
interest in the minor’s property.

Rule 5: Court's Power to Remove or Replace a Guardian

• If the court finds that a guardian is acting against the minor’s interest, it can remove or replace them.
• The court can appoint a new guardian if necessary.

Example: If a guardian misuses the minor’s funds, the court can appoint another responsible person.

Case Law: Sundari Dasi vs. Ashutosh (1920) – The court removed a guardian who was mismanaging the
minor’s assets.

Rule 6: When a Minor Becomes an Adult

• If a minor turns 18 during a pending lawsuit, they must inform the court.
• The next friend or guardian ceases to have authority once the minor reaches adulthood.

Example: A 17-year-old girl files a case through her father. When she turns 18, she takes over the case
herself.

Case Law: Krishna vs. Gopal (1962) – The court ruled that a person who attains majority must inform the
court and take over the case.

Rule 7: No Agreement or Compromise Without Court’s Permission

 • A guardian cannot settle, compromise, or withdraw a minor’s case without court approval.
• This ensures that the minor’s legal rights are protected.

Example: A father acting as a next friend cannot sell the minor’s property as part of a court settlement
without court permission.

Case Law: Md. Hussain vs. Syed Lal (1961) – The court ruled that a compromise made by a minor’s
guardian without permission is invalid.

Rule 8: Application of Rules to Persons of Unsound Mind

• The same rules apply to people who are mentally incapacitated.
• They must be represented by a next friend or guardian.

Example: A mentally ill person cannot sign contracts, so a court-appointed guardian must represent them
in lawsuits.

Case Law: Hari Ram vs. Shobha Devi (1974) – The court ruled that persons of unsound mind must have
proper legal representation.

Sections Related to Order 32 of CPC

Section Content Relation to Order 32

Definition of Legal
Section 2(11) of CPC Defines who can act on behalf of a minor.
Representative

Section 118 of Indian Contract Act,

Contracts by Minors Minors cannot enter into valid contracts.
1872

Section 7 of the Indian Majority Defines when a person is legally considered

Age of Majority
Act, 1875 an adult.

Key Takeaways from Order 32

Minors and persons of unsound mind cannot file or defend lawsuits themselves.
They must be represented by a next friend or guardian.
Courts can remove or replace guardians if they act against the minor’s interest.
 No settlements or compromises can be made without court approval.
The same rules apply to mentally incapacitated persons.

Conclusion
Order 32 ensures fair legal representation for minors and persons of unsound mind, preventing exploitation or
fraud. It upholds justice and protects vulnerable individuals in civil proceedings.

Would you like me to continue with Order 33 (Suits by Indigent Persons)?

Order 33 – Suits by Indigent Persons (CPC, 1908) with Rules & Explanation
Introduction
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.

Who is an Indigent Person? (Rule 1)

A person is considered indigent (pauper) if:
1. They do not own sufficient property to pay the required court fees.
2. The total value of their property does not exceed ₹1000, excluding clothes, utensils, and house (if used for
residence).
3. They are not receiving financial support that covers legal expenses.

Example: A daily wage laborer wants to file a suit for land rights but cannot afford the court fee. He can
apply to file the case as an indigent person under Order 33.

Case Law: Janaki vs. Kesavan (1982) – The court ruled that a person owning substantial property cannot
claim to be indigent.

How to File a Suit as an Indigent Person? (Rule 2 & 3)

A person seeking to file a suit as an indigent must:
1. Submit an application (pauper petition) stating their financial status.
2. Provide a full list of their assets and liabilities.
3. The application must be signed and verified like a plaint.

Case Law: Gurushantappa vs. Abdul Khader (1996) – The court held that false declarations in an indigent
suit application can lead to its rejection.

Inquiry into Indigency (Rule 4 to 7)

• The court conducts an inquiry to verify the applicant's financial status.
• If the person is found indigent, the suit is registered without court fee.
• If the person is not indigent, they must pay the full court fee.

Example: If a person claims indigency but has ₹10 lakh in a bank account, the court will reject their
application.

Case Law: S. Venkatesh vs. Karnataka Bank Ltd. (2004) – The court ruled that if a person falsely claims to
be indigent, they must pay double the court fees as a penalty.

Rejection of Indigent Application (Rule 5)

The court rejects the application if:
The applicant has sufficient means to pay the fee.
The case is frivolous or malicious.
The applicant has sold property to appear indigent.
The applicant failed to disclose all assets.

Example: A businessman trying to evade court fees by transferring his assets to his wife will have his
application rejected.

Case Law: Mahabir Prasad vs. Kapoor Chand (1972) – The court ruled that concealing property while
applying for indigent status is fraud.

Effect of Rejection (Rule 15)

If the indigent person's application is rejected, they can:
 1. Pay the court fee and continue the suit.
2. File a fresh suit if circumstances change.

If the Indigent Person Wins the Case? (Rule 10)

• If the indigent person wins the case, the court will recover court fees from their winnings.
• If they lose, they do not have to pay.

Example: If an indigent person wins ₹5 lakh in a property dispute, the court fee will be deducted from this
amount.

Case Law: Sundaram vs. Gopalan (1997) – The court ruled that a successful indigent litigant must pay the
court fees from the judgment amount.

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.

Sections Related to Order 33 of CPC

Section Content Relation to Order 33

Criminal courts provide free lawyers to poor

Section 304 CrPC Legal aid to accused
defendants.

Article 39A of the

Free legal aid Guarantees equal access to justice.
Constitution

Jurisdiction of Civil
Section 9 CPC Order 33 cases are heard by civil courts.
Courts

Key Takeaways from Order 33

Indigent persons can file cases without paying court fees.

Court verifies financial status before granting indigent status.
If indigent status is rejected, the person must pay full fees.
 If the person wins the case, court fees are deducted from the award.
False claims of indigency lead to penalties.

Conclusion
Order 33 ensures that justice is accessible to all, even if they cannot afford court fees. It is a vital provision to
protect the rights of economically weaker sections and prevent denial of justice due to financial constraints.

Would you like me to continue with Order 34 (Mortgage suits)?

Order 34 – Suits Relating to Mortgages of Immovable Property (CPC, 1908) with Rules & Explanation

Introduction
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.

Important Terms in Mortgage Suits

Mortgagor – The person who borrows money by mortgaging property.

Mortgagee – The person or institution who lends money against the mortgage.
Redemption – The right of the mortgagor to repay the loan and get back the property.
Foreclosure – The right of the mortgagee to stop the mortgagor from redeeming the property.
Sale – If the mortgagor fails to pay, the mortgagee can sell the property to recover the money.

Rules Under Order 34

Rule 1 – Parties to Mortgage Suits

• Every mortgage suit must include all necessary parties, such as:
Mortgagor
 Mortgagee
Any other parties with an interest in the property

Case Law: Krishna Pillai v. Kothandarama Pillai (1911) – The court held that all interested parties must be
included in a mortgage suit.

Rule 2 – 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).

Rule 3 – Final Decree for Foreclosure

• If the mortgagor does not pay within the given time, the court passes a final decree confirming the
foreclosure.

Example: A mortgagor fails to pay ₹10 lakh within six months. The court then confirms foreclosure, and the
mortgagee gets full ownership.

Rule 4 – Right of Redemption

• The mortgagor can redeem the property before the final decree is passed by paying the loan amount.
• If the court finds that the mortgagee has unfairly refused redemption, it can grant relief to the mortgagor.

Case Law: Ganga Dhar v. Shankar Lal (1958) – The Supreme Court ruled that the right of redemption
cannot be taken away unfairly.

Rule 5 – Preliminary Decree for Sale

• If the mortgagee seeks sale of the property, the court can pass a preliminary decree for sale.
• The decree states:
The amount to be paid by the mortgagor.
 The time limit for payment.
The consequences of non-payment (i.e., sale of property).

Rule 6 – Final Decree for Sale

• If the mortgagor does not pay within the time limit, the court orders the sale of the mortgaged property.
• The sale is conducted under Order 21 of CPC.
• The mortgagee can recover their loan from the sale proceeds.

Case Law: Narandas Karsondas v. S.A. Kamtam (1977) – The Supreme Court ruled that ownership of
mortgaged property does not transfer to the mortgagee unless a sale is completed through a final decree.

Rule 7 – Personal Liability of Mortgagor

• If the sale amount is less than the loan amount, the mortgagee can claim the remaining balance from the
mortgagor.
• However, this does not apply in certain types of mortgages, such as usufructuary mortgages.

Example: If a property is sold for ₹8 lakh, but the loan was ₹10 lakh, the mortgagor must pay the remaining
₹2 lakh.

Rule 8 – Right of Mortgagee to Sue for Mortgage Money

• In some cases, the mortgagee can sue for the mortgage money directly instead of seeking foreclosure or
sale.

Case Law: Kedar Nath v. Sheonarain (1911) – The court ruled that a mortgagee can sue for money only if
the mortgage deed allows it.

Rule 9 – Mortgagee in Possession

• If the mortgagee is in possession of the property, they must maintain accounts of income and expenses.

Case Law: Mulla v. Poonam Chand (1920) – The court ruled that a mortgagee in possession must not
misuse the property.
 Sections Related to Order 34 of CPC

Section Content Relation to Order 34

Section 58 of the Transfer of Property Defines different types of

Basis for mortgage suits
Act, 1882 mortgages

Section 60 of the Transfer of Property Supports Rule 4 (right of mortgagor to

Right of redemption
Act, 1882 redeem)

Section 67 of the Transfer of Property

Right of foreclosure Supports Rule 2 (foreclosure suits)
Act, 1882

Deals with execution of Used for executing sale decrees under

Order 21 CPC
decrees Order 34

Key Takeaways from Order 34

Regulates mortgage suits related to redemption, foreclosure, and sale.

Ensures fair treatment of both mortgagor and mortgagee.
Allows redemption before final decree to protect borrowers.
Prevents unjust foreclosure and unfair sales of mortgaged property.
Provides a structured legal process for resolving mortgage disputes.

Conclusion
Order 34 is crucial in protecting the rights of both lenders and borrowers in mortgage-related suits. It ensures
that creditors can recover their money legally, while also safeguarding the borrower's right to redeem the
property before the final decree.

Would you like me to continue with Order 35 (Interpleader Suits)?

Order 35 – Interpleader Suits (CPC, 1908) with Rules & Explanation

Introduction
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.

Example:
A bank is holding ₹5 lakh in a customer's account. Two people claim to be the legal heirs of the deceased account
holder. The bank is unsure who to give the money to, so it files an Interpleader Suit under Order 35.

Rules Under Order 35

Rule 1 – When Interpleader Suit Can Be Filed

An interpleader suit can be filed when:
The plaintiff holds property or money in dispute.
Two or more persons claim the same property.
The plaintiff has no personal interest in the property/money.

Not Allowed If:

The plaintiff is making a claim on the property.
The plaintiff is acting as an agent for one of the parties.

Example:
A warehouse owner stores goods for a trader. Two people claim ownership of the goods. The warehouse owner is
neutral and does not want legal trouble. So, he files an interpleader suit to let the court decide.

Rule 2 – Procedure for Filing an Interpleader Suit

 • The plaintiff must state:
The property or money in dispute.
The names of all claimants.
That the plaintiff has no interest in the dispute.
The request for the court to decide the rightful owner.

Rule 3 – Court's Power to Order Deposit or Sale

• The court may order that the disputed property be:
Deposited in court, if it is money.
Sold, if it is perishable goods.
Kept with a neutral third party, if necessary.

Example:
A gold dealer has a gold bar in dispute. The court may order the gold to be stored in a bank locker until the case
is decided.

Rule 4 – Procedure for Claimants

• The claimants must appear and present their claims.
• If any claimant does not appear, the court may decide the case in their absence.

Rule 5 – Cost and Expenses of the Plaintiff

• The court may allow the plaintiff to recover legal costs from the property in dispute.
• This is to ensure that a neutral person does not suffer a loss for approaching the court.

Section Related to Order 35 of CPC

Section Content Relation to Order 35

Section 88 CPC Defines Interpleader Suits Explains when such suits can be filed

Order 35 Rule 1 CPC Conditions for filing Specifies who can file an interpleader suit

Order 35 Rule 3 CPC Court's power to hold property Allows the court to secure the property
 Case Laws on Interpleader Suits

Gopal Das v. Sri Thakurji (1943)

Fact: A temple had donations in dispute. Two groups claimed ownership.
Judgment: The court held that the temple could file an interpleader suit to let the court decide.

Union Bank of India v. Santokh Singh (1998)

Fact: A bank had a disputed fixed deposit.
Judgment: The bank could not decide ownership, so an interpleader suit was the correct legal remedy.

Key Takeaways from Order 35

Protects neutral parties from unnecessary litigation.

Ensures a fair and legal resolution of ownership disputes.
Allows the court to hold or sell disputed property to avoid loss.
Prevents a person from being forced to choose sides in a dispute.

Conclusion
Order 35 is an important provision that allows a person holding disputed property or money to seek court
intervention. This ensures that the rightful owner is determined by law, protecting the interests of both the
holder and the claimants.

Would you like me to continue with Order 36 (Special Case Suits)?

Order 36 – Special Case Suits (CPC, 1908) with Rules & Explanation

Introduction
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.

Example:
Two business partners disagree on the interpretation of a contract clause. Instead of filing a lawsuit, they jointly
approach the court under Order 36 for clarification.

Rules Under Order 36

Rule 1 – Agreement to State a Special Case

• When two or more parties agree on certain facts but need legal clarification, they can file a special case
suit.
• The agreement must be in writing and signed by all parties.
• The case must involve a question of law, not factual disputes.

Example:
A landlord and tenant agree on the facts of a lease dispute but are uncertain about the legal interpretation of a
rent clause. They file a special case suit to get the court’s legal view.

Rule 2 – Presentation of Special Case to the Court

• The special case is filed like a plaint but with an agreement on facts.
• It should include:
The exact legal question for the court’s decision.
The agreed facts that are undisputed.
The relief or opinion sought from the court.

Rule 3 – Hearing and Judgment on Special Case

• The court examines the case and issues a decision based on the legal question presented.
 • No witnesses or evidence are required since facts are agreed upon.
• The court may call for legal arguments if necessary.

Example:
Two companies disagree on a tax law interpretation. Since both accept the same financial records, they ask the
court for a legal opinion instead of going through a full trial.

Rule 4 – Enforcement of Judgment

• The court’s decision in a special case is binding on both parties.
• If the judgment requires enforcement, it will be executed like a decree in a regular civil suit.

Example:
If a court rules that a tenant must pay additional rent, the landlord can enforce the judgment like a civil decree.

Section Related to Order 36 of CPC

Section Content Relation to Order 36

Section 90 CPC Allows filing of a Special Case Defines the conditions for special cases

Order 36 Rule 1 CPC Agreement for special case Parties must agree on facts before filing

Order 36 Rule 3 CPC Court’s power to decide Allows the court to give a binding judgment

Case Laws on Special Case Suits

Gopalji v. Sitaram (1965)

Fact: Two brothers had a property dispute but agreed on the facts.
Judgment: The court ruled that an Order 36 suit was valid because there was no factual dispute.

Shankar Lal v. State of Rajasthan (1982)

Fact: A government contractor disagreed on the legal interpretation of a contract but not the facts.
Judgment: The court held that Order 36 was applicable because the question was purely legal.

Key Takeaways from Order 36

 Saves time and cost by avoiding full trials.
Applicable only when facts are undisputed.
The court’s decision is binding on all parties.
Ensures legal clarity without complex litigation.

Conclusion
Order 36 provides an efficient way for parties to get a court’s legal opinion without going through lengthy
litigation. It is particularly useful in commercial, tax, and contract disputes, where legal interpretation is
required.

Would you like me to continue with Order 37 (Summary Suits)?

Order 38 – Arrest and Attachment Before Judgment (CPC, 1908) with Rules & Explanation

Introduction
Order 38 of the Civil Procedure Code (CPC), 1908, provides provisions for:
1⃣ Arrest before judgment – To prevent a defendant from escaping jurisdiction to avoid a decree.
2⃣ 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.

Rules Under Order 38

Rule 1 – When a Defendant May Be Arrested Before Judgment

• If the plaintiff proves that:
The defendant intends to leave India to avoid a decree.
The defendant is likely to delay or defeat the plaintiff’s claim.
The plaintiff has a strong case against the defendant.
 Exceptions:
Women, minors, and government employees cannot be arrested under this provision.

Example:
A debtor owes ₹10 lakh to a lender. If the lender proves that the debtor is planning to leave India permanently,
the court may order arrest before judgment.

Rule 2 – Security for Release from Arrest

• The defendant can avoid arrest by providing:
A security deposit as a guarantee.
A personal undertaking to remain in court jurisdiction.

Example:
A businessman accused of fraud is arrested but provides a bank guarantee to secure his release.

Rule 3 – Procedure for Arrest Before Judgment

• The plaintiff must apply to the court with supporting evidence.
• The court may issue a warrant of arrest.
• If arrested, the defendant must give security or remain in custody.

Rule 4 – Release of Defendant on Providing Security

• If the defendant gives a security bond, the court must release them.
• The security ensures that the plaintiff’s claim is protected.

Example:
A trader accused of non-payment deposits ₹5 lakh in court to avoid arrest.

Rule 5 – Attachment of Property Before Judgment

• If the court finds that:
The defendant is trying to dispose of property to avoid a decree.
The defendant is hiding movable/immovable assets.
The defendant has no intention of paying if a decree is passed.
The court may attach (freeze) the defendant’s property before judgment.

Example:
A company owes suppliers ₹50 lakh but is transferring its assets abroad. The supplier can request attachment
before judgment.

Rule 6 – Removal of Attachment if Security is Provided

• If the defendant provides security, the court may remove the attachment.
• The security acts as a replacement for the attached property.

Rule 7 – Mode of Attachment

• The attachment may be of:
Movable property – Seized by the court.
Immovable property – A legal order is issued to prevent sale.
Bank accounts – The court may freeze the account.

Rule 8 – When Attachment Before Judgment May Be Lifted

• If the defendant proves they were not trying to evade payment, the court may remove the attachment.
• The plaintiff must prove that the attachment was necessary.

Example:
A businessman proves that selling his car was for medical expenses, not to evade debt. The court removes the
attachment.

Section Related to Order 38 of CPC

Section Content Relation to Order 38

Section 94 CPC Preventive measures by courts Allows arrest and attachment before judgment

Order 38 Rule 1 CPC Conditions for arrest Defendant must be escaping or defrauding

Order 38 Rule 5 CPC Conditions for attachment Defendant trying to hide or sell property
 Case Laws on Order 38

Govindji Jevat & Co. v. Dhanrajmal Gobindram (1981)

Fact: A defendant was moving money to foreign accounts.
Judgment: The court ordered attachment before judgment to protect the plaintiff.

Ram Rattan v. Chunni Lal (1894)

Fact: A businessman sold his assets before a decree.
Judgment: The court held that fraudulent asset transfer justifies attachment before judgment.

Key Takeaways from Order 38

Ensures defendants do not escape legal liability.

Protects plaintiffs from financial loss.
Courts have wide powers to attach property and order arrest.
Defendants can provide security to avoid arrest or attachment.

Conclusion
Order 38 of CPC is a powerful tool to ensure that a defendant does not escape or transfer assets to avoid paying a
future decree. It acts as a preventive measure and protects the interests of the plaintiff.

Would you like me to continue with Order 39 (Temporary Injunctions & Interlocutory Orders)?
Order 39 – Temporary Injunctions and Interlocutory Orders (CPC, 1908) with Rules & Explanation

Introduction
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.
 Rules Under Order 39

Rule 1 – Cases in Which Temporary Injunction May Be Granted

A court may issue a temporary injunction in the following cases:
1⃣ When the property in dispute is in danger of being wasted, damaged, or illegally sold.
2⃣ When the defendant is planning to dispose of the property to avoid execution of a possible decree.
3⃣ When the plaintiff would suffer irreparable loss if the injunction is not granted.

Example:
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.

Rule 2 – Injunction to Restrain Breach of Contract or Injury

A court can issue an injunction to stop a breach of contract or prevent any wrongful act that may cause injury to
the plaintiff.

Example:
A company tries to sell a patented product without permission. The patent owner may get a temporary
injunction to stop sales until the case is decided.

Rule 3 – 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).

Example:
If a builder is demolishing a disputed building, the court may immediately issue an ex-parte injunction to stop it.

Rule 4 – Discharge or Variation of Injunction

• If a party misrepresents facts or if circumstances change, the injunction can be canceled or modified.

Example:
A temporary injunction was granted to stop a construction project. Later, it is found that the plaintiff gave false
information. The court may cancel the injunction.
 Rule 5 – Injunction to Corporation Binding on Its Officers
• If an injunction is granted against a company, government, or institution, all its officers must comply
with the order.

Example:
If a court stops a municipality from demolishing a historical site, all officers of the municipality must follow the
order.

Rule 6 – Power to Order Interim Sale

• Courts can order an interim sale of perishable goods that may get damaged if left unused.

Example:
If a large stock of perishable fruits is in dispute, the court may order their sale before they rot.

Rule 7 – Power to Order Inspection of Property

• The court can inspect disputed property or appoint a commissioner for this purpose.

Example:
In a land encroachment case, the court may appoint a commissioner to survey the land.

Rule 8 – Application of Rules to Orders Under Sections 75 and 94

• Rules under Order 39 also apply to other interlocutory orders, such as appointing a receiver or freezing
bank accounts.

Section Related to Order 39 of CPC

Section Content Relation to Order 39

Section 94 CPC Preventive measures by courts Allows temporary injunctions

Order 39 Rule 1 CPC Grounds for temporary injunction Prevents property damage or disposal

Order 39 Rule 2 CPC Injunction for breach of contract Stops wrongful acts or damage
 Case Laws on Order 39

Dalpat Kumar v. Prahlad Singh (1992)

Fact: The plaintiff sought an injunction to stop the sale of land.
Judgment: The court ruled that an injunction can only be granted if irreparable loss is proved.

Gujarat Bottling Co. Ltd. v. Coca Cola Co. (1995)

Fact: A company tried to terminate a franchise agreement before the case was settled.
Judgment: The court issued an injunction to prevent premature termination.

Key Takeaways from Order 39

Protects the plaintiff from irreparable harm.

Prevents illegal transfer or destruction of disputed property.
Can be granted without notice in urgent cases.
Can be canceled if obtained through false information.

Conclusion
Order 39 plays a crucial role in protecting the rights of parties before the final judgment. It ensures that justice is
not frustrated due to wrongful acts.

Would you like me to continue with Order 40 (Appointment of Receivers)?

Order 40 – Appointment of Receivers (CPC, 1908) with Rules & Explanation

Introduction
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:

To protect disputed property from misuse, destruction, or wrongful sale.

To ensure fair management of the property until the case is decided.
To prevent one party from gaining an unfair advantage over the other.
 Rules Under Order 40

Rule 1 – Appointment of Receiver

The court may appoint a receiver if it considers it just and convenient. The receiver may be given powers to:
1⃣ Manage the property.
2⃣ Collect rents, profits, or income from the property.
3⃣ Protect the property from being wasted or damaged.
4⃣ Take legal action in the name of the owner.

Example:
A disputed factory is lying vacant. The court appoints a receiver to manage the factory and ensure that it remains
operational.

Rule 2 – Remuneration of the Receiver

• The court decides the salary or remuneration of the receiver.
• The amount is usually paid from the income of the property.

Example:
A receiver managing a rented property may get his salary from the rent collected.

Rule 3 – Duties of Receiver

A receiver must:
Protect and manage the property responsibly.
Submit regular reports to the court.
Not misuse or profit from the property.

Example:
A receiver managing a shop must keep records of sales and expenses and submit reports to the court.

Rule 4 – When a Receiver Can Be Removed

A receiver may be removed or replaced if:
They misuse funds or property.
 They do not follow the court’s directions.
They fail to perform their duties properly.

Example:
If a receiver sells property without court approval, they may be removed.

Section Related to Order 40 of CPC

Section Content Relation to Order 40

Section 94 CPC Preventive measures by courts Allows appointment of receivers

Order 40 Rule 1 CPC Appointment of a receiver Court can appoint a receiver if necessary

Order 40 Rule 3 CPC Duties of a receiver Receiver must act in good faith

Case Laws on Order 40

Krishnaswamy Chetty v. Thangavelu Chetty (1955)

Fact: A receiver misused property funds for personal benefit.
Judgment: The court removed the receiver and appointed a new one.

K.K. Verma v. Union of India (1954)

Fact: Disputed property was left unmanaged.
Judgment: The court appointed a receiver to protect and maintain the property.

Key Takeaways from Order 40

Prevents property damage or misuse during a case.

Receiver must be neutral and follow court orders.
Court can remove a receiver for misconduct.
Receiver’s expenses are usually covered by the property income.

Conclusion
Order 40 ensures that disputed property is managed fairly during litigation. The appointment of a receiver
protects the interests of all parties and prevents wrongful loss.
Would you like me to continue with Order 41 (Appeals)?
Order 41 – Appeals (CPC, 1908) with Rules & Explanation

Introduction
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.

Rules Under Order 41

Rule 1 – Form and Presentation of an Appeal

• An appeal must be in writing and filed along with:
1⃣ A certified copy of the judgment.
2⃣ A copy of the decree against which the appeal is filed.
• The appellant (the party filing the appeal) must clearly state grounds of appeal.

Example:
A land dispute case was decided against the plaintiff in a trial court. The plaintiff can file an appeal in the district
court or high court with proper documents.

Rule 2 – Grounds of Objection Cannot Be Taken Without Being in the Memorandum of Appeal
• The appellant cannot raise new objections in the appeal that were not included in the memorandum of
appeal.

Example:
If a party did not challenge evidence during the trial, they cannot introduce new objections in the appeal.

Rule 3 – Rejection of Memorandum of Appeal

 • If the memorandum of appeal does not follow the required format or is incomplete, the court can reject
it.

Example:
An appeal filed without necessary documents may be rejected by the court.

Rule 4 – Power of Appellate Court to Dismiss Appeal Without Sending Notice to Lower Court
• If the appellate court finds that the appeal has no merit, it may dismiss it without sending notice to the
lower court.

Example:
If a baseless appeal is filed just to delay execution of a decree, the appellate court can reject it immediately.

Rule 5 – Stay of Proceedings and Execution

• The appellate court may stay (pause) execution of the decree if necessary to prevent injustice.
• The appellant must prove that substantial loss will occur if execution is not stayed.

Example:
A court orders the sale of disputed property. The losing party appeals and requests a stay to stop the sale.

Rule 9 – Registry of Appeal

• Once an appeal is admitted, it is registered in the court records and a notice is sent to the respondent
(opposite party).

Example:
A defendant appeals a decision, and the court officially records the case and informs the plaintiff.

Rule 10 – Power to Transfer Appeal

• The appellate court has the power to transfer the appeal to another competent court if required.

Example:
If a case is filed in the wrong appellate court, it can be transferred to the correct one.

Rule 17 – Dismissal of Appeal for Default

 • If the appellant does not appear in court, the appeal may be dismissed for default.

Example:
A party fails to attend hearings without valid reason, so the court dismisses the appeal.

Rule 19 – Rehearing of Appeal

• If an appeal is dismissed for default, the appellant may apply for a rehearing, showing a valid reason for
absence.

Example:
A lawyer misses a hearing due to medical emergency. The court may allow rehearing if a proper application is
filed.

Rule 21 – Right to be Heard in Appeal

• The respondent (opposite party) has the right to be heard before the court decides on the appeal.

Example:
If a trial court rejects a compensation claim, the claimant can appeal, and the opposite party must be given a
chance to respond.

Rule 27 – Production of Additional Evidence

• Generally, no new evidence can be introduced in appeal.
• However, the appellate court may allow additional evidence if:
It was not available during trial.
It is necessary for justice.

Example:
New video footage emerges proving innocence. The appellate court may allow it.

Section Related to Order 41 of CPC

Section Content Relation to Order 41

Section 96 Appeal from an original

Allows a party to appeal against a trial court’s decree
CPC decree
Section Content Relation to Order 41

Section 97 Appeal against a preliminary No appeal lies against the final decree if the preliminary decree
CPC decree was not appealed

Section 100
Second appeal Allows appeal to the High Court in certain cases
CPC

Case Laws on Order 41

Dinesh Kumar v. Yusuf Ali (2000)

Fact: An appeal was dismissed because the appellant was absent.
Judgment: The Supreme Court ruled that a valid reason must be given for absence if a rehearing is
requested.

Union of India v. K.V. Lakshman (2016)

Fact: Additional evidence was produced in appeal.
Judgment: The Supreme Court allowed it because it was necessary for justice.

Key Takeaways from Order 41

Appeals must be filed properly with necessary documents.

Stay of execution can be granted to prevent injustice.
Additional evidence is allowed only in special cases.
The court can dismiss appeals for default.
Parties must be given a fair chance to present their case.

Conclusion
Order 41 ensures that higher courts review lower court judgments fairly. It provides safeguards against errors
and injustice in judicial decisions.

Would you like me to continue with Order 42 (Appeals to the High Court)?
Order 42 – Appeals to the High Court (CPC, 1908) with Rules & Explanation

Introduction
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.

Rules Under Order 42

Rule 1 – Procedure for Second Appeals

• The procedure for second appeals in the High Court is similar to that of first appeals under Order 41.
• However, a second appeal can be entertained only on a substantial question of law.

Example:
If a lower court wrongly applied a legal principle, the High Court can intervene in a second appeal.

Rule 2 – Power of High Court to Decide the Case Finally

• If the High Court believes that the case can be decided without sending it back to a lower court, it has the
power to do so.

Example:
In a property dispute, if the High Court finds that the trial court’s interpretation of a law was incorrect, it can
correct it without ordering a retrial.

Section Related to Order 42 of CPC

Section Content Relation to Order 42

Section 100 Allows an appeal to the High Court on a substantial question of

Second appeal
CPC law

Section 101 No second appeal in certain

Limits second appeals only to substantial legal questions
CPC cases
Section Content Relation to Order 42

Section 102 Prohibits second appeals in cases involving small monetary

No second appeal in small cases
CPC amounts

Section 103 High Court’s power to decide

High Court can determine facts if necessary for justice
CPC facts

Case Laws on Order 42

Kondiba Dagadu Kadam v. Savitribai Sopan Gujar (1999)

Fact: A second appeal was filed based on factual disputes.
Judgment: The Supreme Court held that a second appeal is only allowed on legal questions, not factual
disputes.

Smt. Krishnawati v. Hans Raj (1974)

Fact: A High Court refused to entertain a second appeal due to no substantial legal question.
Judgment: The Supreme Court upheld the decision, reinforcing that second appeals must involve legal
errors, not mere factual disputes.

Key Takeaways from Order 42

Second appeals are only allowed when there is a substantial legal issue.
The High Court can decide cases finally without sending them back.
Minor factual disputes cannot be appealed under this order.

Conclusion
Order 42 ensures that only important legal questions reach the High Court, preventing unnecessary delays. It
maintains the integrity of the judicial process by restricting second appeals to legal errors only.

Would you like me to continue with Order 43 (Appeals from Orders)?

Order 43 – Appeals from Orders (CPC, 1908) with Rules & Explanation

Introduction
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.

Rules Under Order 43

Rule 1 – Orders Appealable Under Section 104 CPC

This rule lists 14 types of orders that can be appealed.

Clause Appealable Order Relevant CPC Order

(a) Order rejecting a plaint Order 7, Rule 11

(b) Order returning a plaint Order 7, Rule 10

Order granting or refusing an application for an interim

(c) Order 39, Rules 1 & 2
injunction

(d) Order setting aside or refusing to set aside a sale in execution Order 21, Rules 89, 90, 91

Order on an application under Order 21, Rule 58 (claim to

(e) Order 21, Rule 58
attached property)

(f) Order under Rule 9 of Order 22 (abatement of suit) Order 22, Rule 9

Order setting aside or refusing to set aside an abatement or

(g) Order 9, Rules 9 & 13
dismissal for default

Order rejecting an application for leave to sue as an indigent

(h) Order 33, Rule 1
person

Order under Rule 5 or 7 of Order 33 (permission to sue as an

(i) Order 33, Rule 5 & 7
indigent person)

(j) Order for costs under Rule 10 of Order 33 Order 33, Rule 10
Clause Appealable Order Relevant CPC Order

(k) Order refusing to set aside dismissal of a suit Order 9, Rule 9

(l) Order granting or refusing to grant a review Order 47, Rule 1

Order determining questions under Section 144 CPC

(m) Section 144 CPC
(restitution)

Section 8 of the Arbitration and

(n) Order refusing to refer a case to arbitration
Conciliation Act, 1996

Rule 1A – Right to Object Without Filing Appeal

If a party does not file an appeal against an interlocutory order, they can still object to it in an appeal against the
final decree.

Example: If a court wrongly rejects an injunction application, and the case is later decided against the party,
they can still challenge the injunction order in the final appeal.

Section Related to Order 43 of CPC

Section Content Relation to Order 43

Section 104 Orders from which an appeal is

Gives a general list of appealable orders
CPC allowed

Section 105 Ensures that only orders listed in Order 43 can be

Other orders cannot be appealed
CPC appealed

Section 106
Appeal to which court Specifies which court will hear the appeal
CPC

Case Laws on Order 43

A. Venkatasubbiah Naidu v. S. Chellappan (2000)

Fact: A court rejected a temporary injunction application and the party appealed.
Judgment: The Supreme Court held that such orders are appealable under Order 43, Rule 1(r).
 Smt. Ganga Bai v. Vijay Kumar (1974)
Fact: A party attempted to file an appeal against an order not covered under Order 43.
Judgment: The Supreme Court ruled that only orders listed in Order 43 are appealable.

Key Takeaways from Order 43

Not all orders can be appealed – only those listed in Rule 1.

Appeals under Order 43 are limited to procedural issues, not final judgments.
An unappealed order can still be challenged in an appeal against the final decree.

Conclusion
Order 43 ensures that important procedural decisions can be reviewed, while preventing unnecessary appeals that
delay justice. It provides a clear framework for appeals against interlocutory orders, maintaining fairness in civil
proceedings.

Would you like me to continue with Order 44 (Appeals by Indigent Persons)?

Order 44 – Appeals by Indigent Persons (CPC, 1908) with Rules & Explanation

Introduction
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.

Rules Under Order 44

Rule 1 – Right to Appeal as an Indigent Person

• If a person was permitted to sue as an indigent person under Order 33, they can also appeal as an
indigent person.
 • If the person was not allowed to sue as an indigent person earlier, they must prove their indigency at the
appeal stage.
• The appellate court examines whether the appellant is genuinely indigent before granting permission.

Example:
If a poor person was allowed to file a suit as an indigent person in the lower court, they can appeal without paying
fees.

Rule 2 – Inquiry into Indigency

• If the appellant was not declared indigent at the lower court stage, the appellate court conducts an
inquiry.
• The inquiry follows the same procedure as Order 33, which deals with indigent plaintiffs.
• If the person is found not indigent, the appeal can proceed only if the required court fee is paid.

Example:
A person claims indigency while filing an appeal. The court examines their financial status before deciding.

Section Related to Order 44 of CPC

Section Content Relation to Order 44

Section 107 Powers of the appellate

Allows the appellate court to conduct an indigency inquiry
CPC court

Order 44 follows the same procedure for appeals as Order 33 does for
Order 33 CPC Suits by indigent persons
original suits

Case Laws on Order 44

Union Bank of India v. Khader International Construction (2001)

Fact: A person sought to file an appeal as an indigent person but failed to prove indigency.
Judgment: The Supreme Court held that merely claiming indigency is not enough; it must be proved with
evidence.

Ganga Bai v. Vijay Kumar (1974)

Fact: The court rejected an appeal because the person did not apply for indigency status before filing the
appeal.
 Judgment: The Supreme Court ruled that an indigency application must be made first, and only after
approval can an appeal proceed without fees.

Key Takeaways from Order 44

If a person was allowed to sue as an indigent person, they can appeal in the same manner.
If a person was not previously declared indigent, the appellate court must verify their financial condition.
If found not indigent, the appeal can continue only if court fees are paid.

Conclusion
Order 44 ensures equal access to justice by allowing genuinely poor litigants to appeal without financial
burdens. However, it also prevents misuse of the law by requiring a strict inquiry into financial status.

Would you like me to continue with Order 45 (Appeals to the Supreme Court)?
Order 45 – Appeals to the Supreme Court (CPC, 1908) with Rules & Explanation

Introduction
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.

Rules Under Order 45

Rule 1 – Who Can Appeal to the Supreme Court?

A person can file an appeal to the Supreme Court if:
1. The High Court certifies that the case involves a substantial question of law (Article 133 of the
Constitution).
 2. The case satisfies the monetary threshold set by law (previously ₹20,000, but now irrelevant after 1972).
3. The case involves interpretation of the Constitution (Article 132).

Example:
If the High Court passes a judgment involving a significant constitutional interpretation, the Supreme Court
can hear the appeal.

Rule 2 – Application for Leave to Appeal

• The applicant must apply for leave to appeal before the High Court within 60 days of the judgment.
• The High Court grants or rejects the application based on whether the case involves a substantial
question of law.

Example:
If a High Court rejects an appeal saying it lacks substantial legal importance, the Supreme Court may refuse to
hear it.

Rule 3 – Security for Costs and Deposit of Money

• The appellant must deposit security money as required by the court.
• If the appellant fails to deposit security, the appeal may be dismissed.

Example:
If a litigant appeals but does not deposit security money, the Supreme Court can reject the appeal.

Rule 4 – Admission of Appeal and Transmission of Record

• If the High Court allows the appeal, it sends case records to the Supreme Court.
• The Supreme Court then examines the case and decides whether to proceed.

Example:
A property dispute involving constitutional interpretation is sent to the Supreme Court after High Court
certification.

Rule 5 – Stay of Proceedings

 • The High Court or Supreme Court can grant a stay on the execution of the decree until the appeal is
decided.

Example:
If a person wins a monetary decree in the High Court, the Supreme Court can stay the execution until it hears
the appeal.

Rule 6 – Power to Reject Appeal

• The Supreme Court can dismiss an appeal if it finds no valid legal issue.

Example:
If a case is purely factual and lacks a substantial legal question, the Supreme Court can reject it at the admission
stage.

Sections Related to Order 45 of CPC

Section Content Relation to Order 45

Article 132 of the Allows appeals if a case involves constitutional

Appeals in constitutional matters
Constitution interpretation

Article 133 of the Civil appeals to the Supreme Governs civil appeals from High Court to
Constitution Court Supreme Court

When appeals lie to the Supreme

Section 109 CPC Defines conditions for appeal
Court

Supreme Court’s authority in civil

Section 112 CPC Grants power to make rules for appeals
cases

Case Laws on Order 45

Union of India v. Azadi Bachao Andolan (2003)

Fact: The Supreme Court heard an appeal on international tax treaties under Order 45.
Judgment: The court ruled that appeals must involve substantial legal principles, not just financial
disputes.
 State of J&K v. Hindustan Forest Company (2006)
Fact: The Supreme Court rejected an appeal as it lacked a substantial question of law.
Judgment: The Supreme Court emphasized that not all High Court decisions can be appealed.

Key Takeaways from Order 45

Appeals can only be made if the High Court certifies the case as involving a substantial legal question.
A security deposit is required before an appeal is admitted.
The Supreme Court can reject an appeal if it does not involve an important question of law.

Conclusion
Order 45 ensures that only significant legal matters reach the Supreme Court, preventing unnecessary appeals.
It safeguards constitutional rights while maintaining judicial efficiency.

Would you like me to continue with Order 46 (Reference to the High Court)?
Order 46 – Reference to High Court (CPC, 1908) with Rules & Explanation

Introduction
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.

Rules Under Order 46

Rule 1 – 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.

Example:
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.

Rule 2 – Power of the High Court on Reference

• The High Court can either answer the question or refuse to entertain it if unnecessary.
• The High Court’s decision is binding on the referring court.

Example:
If a subordinate court asks whether a new law applies retroactively, the High Court will provide clarity, and
the subordinate court must follow it.

Rule 3 – Judgment After Reference is Answered

• Once the High Court gives its decision, the subordinate court must dispose of the case accordingly.

Example:
If a High Court rules that a new law applies only prospectively, the subordinate court must decide the case
accordingly.

Rule 4 – Costs of Reference

• The High Court may decide who should bear the costs of the reference (parties or government).

Example:
If a reference was frivolous, the High Court can impose costs on the party requesting it.

Section Related to Order 46 of CPC

Section Content Relation to Order 46

Reference to the High Provides that a subordinate court may refer a case when a
Section 113 CPC
Court question of law is doubtful
Section Content Relation to Order 46

Article 228 of the Transfer of cases to High Court can withdraw a case involving substantial
Constitution High Court constitutional law issues

Case Laws on Order 46

Basanta Kumar v. Emperor (1930)

Fact: A lower court referred a question to the High Court, but the High Court refused to answer it.
Judgment: The Supreme Court held that a High Court has the discretion to refuse a reference if
unnecessary.

State of UP v. Devi Dayal (1959)

Fact: A subordinate court was confused about land acquisition laws and referred the question to the High
Court.
Judgment: The Supreme Court ruled that references must only be made when necessary, not for general
legal doubts.

Key Takeaways from Order 46

A reference is only allowed if the case depends on a doubtful legal issue.

The High Court’s decision is binding on the subordinate court.
The High Court can refuse to answer if the reference is unnecessary.

Conclusion
Order 46 ensures that lower courts receive legal guidance from High Courts when faced with complex legal
doubts. This prevents misinterpretations and maintains judicial consistency.

Would you like me to continue with Order 47 (Review)?

Order 47 – Review (CPC, 1908) with Rules & Explanation

Introduction
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.

Rules Under Order 47

Rule 1 – Grounds for Review

A party can apply for a review if:
1. New evidence is found that was not available earlier.
2. There is an error on the face of the record (clear mistakes in judgment).
3. There is another sufficient reason for a review.

Example:
If a court dismissed a property dispute based on a missing document, and that document is later found, a review can
be requested.

Rule 2 – Who Can Apply for a Review?

• Only the party affected by the judgment can apply.
• A third party cannot seek a review.

Example:
If A loses a case against B due to a clerical error in judgment, A can apply for a review, but C (a stranger) cannot.

Rule 3 – Rejection of Review Application

• If the court finds that the review application lacks valid grounds, it can be rejected.

Example:
If a person applies for a review just because they are unhappy with the judgment, the court will reject it.

Rule 4 – Hearing of Review Application

 • The same judge who passed the original judgment must hear the review application, if available.
• If the original judge is not available, another judge can hear it.

Example:
If Judge X passed an order, Judge X should ideally hear the review. But if Judge X is transferred, another judge can
review it.

Rule 5 – Result of Review

• If the court allows the review, it may:
Modify the judgment
Reverse the judgment
Confirm the judgment after re-examining it

Example:
If a court incorrectly calculates compensation in a land dispute and later corrects it through a review, the amount
may increase or decrease.

Sections Related to Order 47 of CPC

Section Content Relation to Order 47

Section 114 CPC Review of judgment Grants the right to file a review petition

Article 137 of the Review jurisdiction of the Gives the Supreme Court power to review its own
Constitution Supreme Court judgments

Case Laws on Order 47

Aribam Tuleshwar Sharma v. Aribam Pishak Sharma (1979)

Fact: A party sought review without any new evidence or error on record.
Judgment: The Supreme Court ruled that a review cannot be used as a second appeal.

Lily Thomas v. Union of India (2000)

Fact: A review was sought in a Supreme Court judgment on conversion and marriage laws.
Judgment: The Court held that a review can only be entertained on limited grounds, not just because a
party is unhappy.
 Key Takeaways from Order 47

Review is allowed only for errors, new evidence, or valid legal reasons.
The same judge should hear the review, if possible.
A review is not an appeal; it only corrects mistakes.

Conclusion
Order 47 provides a mechanism to rectify errors without going to a higher court, ensuring fairness and judicial
efficiency. However, it cannot be misused as a second chance to argue the case.

Would you like me to continue with Order 48 (Miscellaneous)?

Order 48 – Miscellaneous (CPC, 1908) with Rules & Explanation

Introduction
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.

Rules Under Order 48

Rule 1 – Filing of Documents

• When any document needs to be submitted in court, a copy must be filed as required by the rules.
• This applies to pleadings, petitions, applications, and other documents.

Example:
If a party files a written statement, a copy must be given to the opposite party to ensure fairness.
 Rule 2 – Endorsement of Copies
• If any document is filed by a party, a copy must be endorsed (signed & verified) by the party or their
advocate.
• This ensures authenticity and prevents disputes over submissions.

Example:
If A files a reply to a plaint, A's lawyer must endorse (sign) it before submission.

Rule 3 – Service of Copy on the Opposite Party

• Any document submitted in court must also be served to the opposite party.
• This maintains transparency and fairness in proceedings.

Example:
If one party files an affidavit, they must provide a copy to the other party before the court proceeds further.

Sections Related to Order 48 of CPC

Section Content Relation to Order 48

Section 27 CPC Summons to defendants Ensures proper service of summons

Section 148 CPC Enlargement of time Allows the court to extend time for filing documents

Key Takeaways from Order 48

Proper filing and endorsement of documents are essential in civil cases.

The opposite party must receive copies of documents for fair proceedings.
Courts can ensure that no party is disadvantaged due to non-communication of documents.

Conclusion
Order 48 ensures that documents are properly filed, endorsed, and served, maintaining fairness and efficiency in
civil cases. It plays a crucial role in procedural discipline, avoiding disputes over missing or unserved documents.

Would you like me to continue with Order 49 (Chartered High Courts)?

Order 49 – Chartered High Courts (CPC, 1908) with Rules & Explanation
 Introduction
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.

Rules Under Order 49

Rule 1 – Exemptions from CPC Provisions

Chartered High Courts are not bound by certain CPC provisions related to:
1. Pleadings (Order 6)
2. Summons (Order 9)
3. Examination of parties (Order 10)

Example:
If a civil suit is filed in the Bombay High Court, the court may have different rules for issuing summons instead
of following Order 9 of CPC.

Rule 2 – Application of Special Rules

• Chartered High Courts can frame their own procedural rules for civil cases.
• They do not need to follow general CPC provisions strictly.
 Example:
The Calcutta High Court may have its own process for verifying affidavits, which may differ from the CPC
process.

Rule 3 – Powers of Chartered High Courts

• These High Courts can modify CPC provisions through their own rules and notifications.
• However, such modifications must align with justice and fairness.

Example:
The Madras High Court can issue a notification changing certain procedural requirements for civil suits.

Sections Related to Order 49 of CPC

Section Content Relation to Order 49

Exemption of High Courts from Grants Chartered High Courts freedom from
Section 120 CPC
certain provisions specific CPC rules

Article 225 of the Empowers High Courts to regulate their own

Jurisdiction of High Courts
Constitution procedures

Key Takeaways from Order 49

Chartered High Courts have special privileges under CPC.

They can frame their own rules for civil procedures.
Certain provisions of CPC do not apply to them.

Conclusion
Order 49 ensures that Chartered High Courts retain their historical autonomy while handling civil matters. It
allows them to function independently and manage cases as per their own procedural rules, ensuring justice is
served effectively.

Would you like me to continue with Order 50 (Provincial Small Cause Courts)?
Order 50 – Provincial Small Cause Courts (CPC, 1908) with Rules & Explanation

Introduction
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.

Rules Under Order 50

Rule 1 – 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)

Example:
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.

Sections Related to Order 50 of CPC

Section Content Relation to Order 50

Power of court to enforce Small Cause Courts may have relaxed rules
Section 32 CPC
attendance of witnesses on summoning witnesses
Section Content Relation to Order 50

No appeal in Small Cause Court

Section 96(4) CPC Ensures quick finality of judgments
cases below ₹10,000

Provincial Small Cause Order 50 is designed to work in harmony with

Governs Small Cause Courts
Courts Act, 1887 this Act

Key Takeaways from Order 50

Reduces formalities to speed up small civil case resolutions.

Exempts Small Cause Courts from certain procedural CPC provisions.
Simplifies procedures while maintaining justice.

Conclusion
Order 50 ensures that Provincial Small Cause Courts operate efficiently without unnecessary procedural
delays. This enables quick resolution of minor civil disputes, making justice more accessible and cost-effective.

Would you like me to continue with any other legal topic or Order of CPC?