Civil Procedure Code, 1908 is a procedural law that is related to the administration of civil proceedings in India. It is divided into two parts: the first part contains 158 sections and the second part is comprised of the First Schedule that contains 51 Orders and Rules. The sections provide provisions regarding the general principles of jurisdiction, whereas, the orders and rules state the procedure and method to govern civil proceedings in India.
- SECTION 11- Res judicata
No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.
- SECTION 21A – Bar on suit to set aside decree on objection as to place of suing.
No suit shall lie challenging the validity of a decree passed in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, on any ground based on an objection as to the place of suing.
- SECTION 22 – Power to transfer suits which may be instituted in more than one Court
Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed.
- SECTION 26 –Institutions of suits
(1) Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.
(2) In every plaint, facts shall be proved by affidavit.
- SECTION 32 – Penalty for default.
The Court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may-
(a) issue a warrant for his arrest;
(b) attach and sell his property;
(c) impose a fine upon him 1[not exceeding five thousand rupees];
(d) Order him to furnish security for his appearance and in default commit him to the civil prison.
- SECTION 38 – Court by which decree may be executed.
A decree may be executed either by the court which passed it, or by the Court to which it is sent for execution.
- SECTION 45 – Execution of decrees outside India
So much of the foregoing sections of this Part as empowers a Court to send a decree for execution to another Court shall be construed as empowering a Court in any State to send a decree for execution to any Court established by the authority of the Central Government to which the State Government has by notification in the Official Gazette declared this section to apply.
- SECTION 46D- Procedure where debt belongs to third person.
Where it is suggested or appears to be probable that the debt belongs to some third person, or that any third person has a lien or charge on, or other interest in such debt, the Court may order such third person to appear and state the nature and particulars of his claim, if any, to such debt and prove the same.
- SECTION 52 – Enforcement of decree against legal representative.
(1) Where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of any such property.
(2) Where no such property remains in the possession of the judgment-debtor and he fails to satisfy the Court that he has duly applied such property of the deceased as is proved to have come into his possession, the decree may be executed against the judgment-debtor to the extent of the property in respect of which he has failed so to satisfy the Court in the same manner as if the decree had been against him personally.
- SECTION 53 – Liability of ancestral property.
For the purposes of section 50 and section 52, property in the hands of a son or other descendant which is liable under Hindu law for the payment of the debt of a deceased ancestor, in respect of which a decree has been passed, shall be deemed to be property of the deceased which has come to the hands of the son or other descendant as his legal representative.
- SECTION 56 – Prohibition of arrest or detention of women in execution of decree for money.
Notwithstanding anything in this Part, the Court shall not Order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.
- SECTION 65 – Purchasers Title
Where immovable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute.
- SECTION 83 – When aliens may sue
Alien enemies residing in India with the permission of the Central Government, and alien friends, may sue in any Court otherwise competent to try the suit, as if they were citizens of India, but alien enemies residing in India without such permission, or residing in a foreign country, shall not sue in any such court.
- SECTION 144 – Application for Restitution
When a decree or order of the Court has been:
- varied/reversed in any appeal, revision or other proceedings;
- is set aside/ modified in any suit instituted for that purpose
The Court that passed the decree/order will grant restitution on receiving an application of the party entitled to the benefit
- SECTION 148 – Time enlargement by Court
Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period [not exceeding thirty days in total], even though the period originally fixed or granted may have expired.
- SECTION 148A – Caveat: concept and when it is filed.
(1) Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof
(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be, made, under sub-section (1).
(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.
(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator’s expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.
(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.
YLCC would like to thank Simran Kaur for her valuable inputs in this article.
