CPC Notes for LLB Students: Code of Civil Procedure Explained

The Code of Civil Procedure, 1908 (CPC) governs the procedure for civil suits in India. These notes cover the sections most heavily tested in LL.B. courses.

Structure of the Code

The CPC has two parts: the body (158 sections, laying down general principles) and the First Schedule (51 Orders with Rules, laying down procedural detail). Sections override Orders in case of conflict.

Jurisdiction of Civil Courts (Section 9)

Section 9 gives civil courts jurisdiction to try all suits of a civil nature except those expressly or impliedly barred. Jurisdiction is of three kinds: pecuniary, territorial, and subject-matter.

Res Judicata and Res Sub Judice

Section 11 (res judicata) bars re-litigation of a matter directly and substantially in issue in a former suit between the same parties, finally decided by a competent court. Section 10 (res sub judice) stays a suit where the same matter is already pending trial in a previously instituted suit between the same parties.

Pleadings, Parties and Suits (Orders 1, 6, 7, 8)

Order 6 governs pleadings generally (plaint and written statement must state material facts, not evidence or law); Order 7 governs the plaint (Rule 11 lists grounds for rejection of plaint); Order 8 governs the written statement, including the consequence of not filing a written statement.

Interim Remedies

Order 38 (arrest/attachment before judgment), Order 39 (temporary injunctions, requiring prima facie case, balance of convenience, and irreparable injury), and Order 40 (appointment of receiver) are the key interim-relief provisions.

Execution, Appeal, Review and Revision

Order 21 governs execution of decrees. Section 96 provides a first appeal from decree; Section 100 provides second appeal to the High Court only on a substantial question of law. Section 114/Order 47 governs review; Section 115 governs revision by the High Court where no appeal lies.

Key exam questions to prepare

• Explain res judicata under Section 11 with its essential conditions.
• Conditions for grant of a temporary injunction under Order 39.
• Difference between appeal, review and revision under the CPC.

More: all LL.B. subject notes