:Class: LLB – III SEMISTER: V (Roll No. ) SUBJECT TEACHER ADVOCATE SHRADDHA BHATE Year 2023-24 :COLLELGE: : PDEA’S LAW COLLEGE, HADAPSAR (AFFILATED TO SAVITRIBAI PHULE PUNE UNIVERSITY PUNE) APPROVED BY BAR COUNCIL OF INDIA , NEW DELHI) HADAPSAR PUNE-411028 CIVIL PROCEDURE CODE, 1908 Introduction:- It consolidates the law relating to procedure of Civil Courts. Scheme of the Act:- It has 158 sections in the first part (the main part) and 51 ORDERS in the second part containing Rules. The Sections contain the fundamental principles, and thus create jurisdiction, whereas the Rules deal with the detailed procedure as to how the jurisdiction should be exercised. Some Basic Terms (S.2) 1) Decree (2) 2) Decree-holder (3) 3) Government Pleader (7) 4) Judge (8) 5) Judgement (9) 6) Judgement-debtor (10) 7) Legal representatives (11) 8) Mesne profits (12) (9) Order (14) Parties to a Suit
Parties - The rival set of contesting persons in a suit;
Suit - An original civil Proceeding between two or more rivals; Plaintiff- The party approaching the Court seeking relief; Defendant - The party against whom the suit is filed and relief sought; There may be more than one plaintiff or defendant in a single suit - the qualification is that the right of relief should arise out of the same act or acts or transactions (Order I Rule 3 CPC); The Court can however itself order separate trials to preclude embarrassment or delay (Order I Rule 3 and 3 (A); Pleadings (Orders VI to VIII CPC)
Pleading means plaint or written
statement (Order VI Rule 1); Plaint - The detailed application submitted by the plaintiff in Court seeking relief against the defendant; Written Statement – The defendants’ detailed reply to the Plaint filed to contest the suit; Pleadings Generally (Order VI)
Pleadings are only statements of Material facts; not
evidence (R. 2); Pleadings require particulars of alleged breaches, or the conditions precedent (Rs. 4 & 6); Pleadings signed by party and pleader (R. 14); Disclosure of party’s registered address (R. 14A); Pleadings to be verified (R. 15);