In view of the establishment of the Commercial Court and its provisions, the Law on the Code of Civil Procedure (Amending Act) of 2016 was promulgated. These provisions apply to commercial disputes of a specific value. The Act specified that the provisions of the Code of Civil Procedure, as amended by law, would prevail over any provision of the High Court or amendment made by the government of the Land concerned. [3] To bring the action, the plaintiff must bring an action in court. The meaning of an action was explained in Article 7 of the 1908 Code of Civil Procedure. It should be noted that compliance with subsections (1) and (2) of Rule 1 of Order 4 is mandatory for the proper filing of an action. While subsection (1) requires an action to be brought in order to bring an action in court, subsection (2) provides that no action within the meaning of the preceding rule may escape the rules of Orders 6 and 7 of the Code. In what follows, CPC orders and rules are practically useful when dealing with cases. These provisions of the Code of Civil Procedure are widely used in the handling of civil cases. Rule 1. Provisions relating to certain items.
Rule 2 Costs to be awarded in accordance with the rules of the High Court. The Code of Civil Procedure of 1908 regulates the procedure of civil courts. A Code of Civil Procedure within the meaning of Article 2(1) of the 1908 Code of Civil Procedure is generally a set of rules governing the conduct of a case before the courts. The Code of Civil Procedure of 1908 is inherently a procedural law that administers civil proceedings on Indian territory and is therefore recognized as a code. The Code consists of 158 sections, which constitute the substantive part of the Code, and 51 decisions, which cover the procedural aspect of the Code. While the Code contains 51 orders, this section deals specifically with the first 21 orders that set out the basic civil procedure to be followed by a civil court in a hearing. When preparing for your exams, it is recommended that you align your syllabus with the above content and proceed accordingly. The list here is only for your preparation. This does not mean that all the rest of the CPC is useless.
You can never appear at an exam without reading a simple act in its entirety. Spend most of your time on important sections, commands, and rules, but don`t give up the rest. Rule 1 of Order 6 defines the meaning of the term “pleadings”, which means the originating statement of proceedings or written statement. Although the application and the written statement are explained in Orders 7 and 8 respectively, this Order focuses on the essence of a pleading, namely: Since the 1908 Code of Civil Procedure is a very important and relevant civil procedural law, knowledge of the orders is essential. With the preparation of possible judicial selection procedures, this status cannot be ignored. It often becomes difficult to remember orders and therefore, in addition to the legal explanation, a simple interpretation has been provided to make civil procedure easy to understand for people with legal and non-legal backgrounds. (22) Seizure of movable property under the Order 21 ORDER 21 RULE 43 After the court has heard the parties, discovered the related facts and formulated questions on the basis of the parties` pleadings, it is necessary to hear the witnesses. Section 16 of the Code, which deals with summonses and witnesses. In similar proceedings, since the court had previously successfully appealed the accused, the court summons the witnesses to appear and presents their version of the ongoing proceedings. In addition, Order 16A deals with the presence of detained or detained witnesses. Rule 1. Rule 3.
The court may order the defendant or plaintiff to appear in person. Article 9 Service or transmission of a summons. Article 9A. Summons to the plaintiff for service. Section 15. Whether service can be effected on an adult family member of the defendant. Article 17 Procedure if the defendant refuses to accept service or cannot be found. Section 20 replaced service. Article 24 Service on the accused in prison. Article 28 Service to soldiers, sailors or airmen. Article 30 Replacement of the letter by a quotation. ยง 73: Proceeds to be distributed among Order in Council holders 46) Submission of additional evidence in appeal proceedings DECISION 41 RULE 27 Rule 1.
Judgment, if pronounced. Article 6 Content of the decree. Rule 6A. Last paragraph of the judgment to specify the remedies granted. Article 12 Decree on the possession and profits of mesne. Article 82: Deals with the execution of decrees against the government. Article 39 Transfer of the decree. Chapter 46. Commandments.
Article 52 Application of the Decree against the legal representative. Article 55 Arrest and detention. Article 56 Prohibition of arresting or detaining women pursuant to a pecuniary decree. Article 60 Property subject to seizure and sale pursuant to the decree. Order 3 of the 1908 Code speaks of recognized agents and officers. In order to bring the plaintiff`s action in civil court, the initiating party needs the assistance of a lawyer or officer who has expertise in the field of law. Hence the need to appoint a lawyer to bring the framework action before the civil court on behalf of the injured party, i.e. the plaintiff. All of them can be classified as recognized plenipotentiaries, and presidents have been granted a place under Rule 2 and Rule 4 of Order 3 respectively. Now, it is up to the recognized representative or officer to bring the claim in civil court on behalf of the disputed party, the plaintiff, which brings us to section 4 of the code.