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CIVIL PROCEDURE CODE: CPC defines a number of legal terms related to

civil matters. The Civil Procedure Code regulates every action in civil courts and
the parties before it till the execution of the decree and order. The aim of
Procedural law is to implement the principle of Substantive Law. This Code
ensures fair justice by enforcing rights and liabilities.

Picture 1. DISPUTE BETWEEN WIFE AND HUSBAND

LEGAL PROVISIONS
There is a set procedure to law for filing a petition or an application and before
which Court or Forum or competent authority. Section 21 of Hindu Marriage Act
provides that all proceedings under this Act shall be regulated as far as may be, by
Code of Civil Procedure. In case High Court of the concerned State has framed
rules pertaining to any matter under the Act, those rules shall come into application
for regulating the procedure for disposal of petitions or applications under the Act.
HOW CPC COMES INTO PICTURE
Code of Civil Procedure, in brief known as C.P.C, is one of statutes which deals
with practice and procedure as to how, where and by whom a petition is to be
instituted; as to how it is to be decided; as to what are the remedies available to the
unsuccessful and unsatisfied party to challenge the decision of the Trial Court and
as to how the appeal or revision challenging the decision of Trial Court is to be
decided; and also as to how the decision given by a Court is to be executed or got
implemented.
This Code is divided into two parts. First part contains sections 1 to 158.In the
second part, there are Orders I to 51. Each Order contains rules framed
thereunder.After institution of a petition or filing of an application or petition,
opposite party is summoned by the concerned Court so as to provide him an
opportunity of being heard.
It is not that you are at liberty to file a petition or application at any point of time.
Every petition or application or petition is to be filed within a specified period.
Law of Limitation as available under the Limitation Act and some other special
Acts, like Hindu Marriage Act guides as to when or as to during which period or
up to which period one can institute a petition or application.
LEGAL REMEDIES
Evidence may be in the shape of statements or affidavits of the parties or their
witnesses or in the shape of documents. Some documents are available with the
parties. Others may be required to be summoned from different offices. It is not
that a party can lead any kind of evidence. Every party has to show to the Court
that the piece of evidence which he wants to bring on record is relevant for
decision of the case. Law of Evidence as enshrined under the Evidence Act guides
as to which piece of evidence is relevant and which is irrelevant. This Act also
prescribes procedure as to how parties to the litigation are to lead evidence.

Picture 2,3,4. PARTITION SUITS & CIVIL DISPUTE

The distribution of property can be of any form it can be between spouse of
brothers, CPC provides appropriate solutions to the problems. The distribution of
assets involves evaluation of the market value of assets, analysation of the share of
individuals entitled to the assets, granting a decree to the individuals entitled to the
assets by passing judgement and executing the decree to divide the assets among
the entitled individuals.
THE PROVISION OF LAW
The special provision was provided to ensure all the decree-holders had an equal
footing in the property or assets they were entitled to, for the purpose of execution.
And that each decree-holder secured their share of the assets lawfully. The holder
of a decree against two or more persons applies for a rateable distribution of the
assets realized from the property of one person, the application is one for the
execution of the decree against the same judgement-debtor. Also, a decree against
a partner and a decree against him in his individual capacity are decreed against the
same judgement-debtor. But a decree against a firm and a decree against a partner
in his individual capacity are not against the same judgement-debtor.
APPLICATION
Section 73 does not require a separate application for rateable distribution and
there cannot be any objection to include a prayer for distribution of assets in an
application which is, in fact, the execution of the decree itself. Section 73 has
nothing in it that warrants the decree-holder to make a separate application for
rateable distribution.
ASSETS AVAILABLE FOR RATABLE DISTRIBUTION
Such assets will be rateaby distributed among all persons entitled to the property
provided if any property is sold subject to mortgage or charge; the mortgagee shall
not be entitled to share in any surplus arising from the sale. And any property
liable to be sold in execution of decree subject to mortgage or charge may be
ordered by the Court to be sold free from mortgage or charge with consent of the
mortgagee, giving him the same interest in the proceeds of the sale as he had in the
property sold. In Kotak & Co. V. State of U.P, 1987, it was held by the Supreme
Court that the application claiming rateable distribution must have been made to
the Court holding the assets before the assets were received by the Court.
MODE OF DISTRIBUTION
The distribution of ratable assets is done by sale if two or more parties are
involved. A property entitled to two individuals is sold by the Court and the cost of
realization is deducted from the total sale value of the property. The remaining
amount is then divided between the two parties based on the share they are entitled
to and distributed.

Picture 5,6,7. BREACH OF CONTRACT

Compensation for Losses or Damages caused by a Breach of Contract
This section of the Indian Contract Act, 1872, lays down certain rules to determine
the amount of compensation upon the breach of a contract. The ground rule is, on
the breach of a contract, it is the entitlement of the suffering party to receive
compensation from the party who breaks the contract for losses sustained due to
the breach. Here are some rules:

1. The suffering party can claim compensation for any loss arising naturally in
the usual course of events.
2. Even if the party knew that on the breach of the contract, they might suffer
certain losses, he can claim compensation.
 3. Special damages, if any, can be claimed only if the suffering party has given
notice about it earlier. Also, the party suffering a loss is expected to take
reasonable steps to minimize it.
4. The suffering party cannot claim compensation for indirect or remote
losses/damages.
5. Also, while estimating the loss incurred, all the means which existed to
remedy the inconvenience caused by the non-performance of the contract
should be considered.

RELIEFS
• Temporary Injunction
• Permanent/ Perpetual Injunction
• Interlocutory Order
• Specific Performance

Picture 8,9. DISAGREEMENT & LITIGATION

A controversy describes only civil litigation, which is intended to protect and
enforce private rights. In contrast, the term case applies to both a civil action and a
criminal prosecution, designed to enforce and safeguard the rights of the general
public. The judicial power of a court to provide redress of wrongs exists only when
issues arise in a given situation that can be categorized as a case or controversy.