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CODE of CIVIL PROCEDURE

CODE of CIVIL PROCEDURE. 1908. Introduction. Statute Prescribing law relating to procedure of Civil Courts; Structure - 158 Sections in First (main) part; 51 ORDERS in Second part (contain Rules); Scheme - Sections - Basic Principles C reating Jurisdiction ;

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CODE of CIVIL PROCEDURE

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  1. CODE of CIVIL PROCEDURE 1908

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  17. Thank You

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