Code of Civil Procedure | Introduction

Q1. What is CPC ?

Ans. CPC stands for Code of Civil Procedure and is a procedural law, that neither creates nor takes away any right. It is intended to regulate the procedure to be followed by civil courts.
In other words, CPC, regulates the functioning of civil courts. Civil case is such that it is not criminal in nature. It is generally on property, business, personal domestic problems, divorces and such types where ones constitutional and personal rights are breached.

Q2. Write the important features of CPC ?

Ans. The present Code of Civil Procedure was enacted in 1908, has the following features:

  1. The object of the Code is to consolidate and amend the laws relating to procedure of Civil Judicature.
  2. CPC is designed to further the ends of justice and is not a penal enactment for punishments and penalties.
  3. The CPC can be divided into two parts:
    • the main body of the CPC containing 158 sections
      • it deals with matters of a substantive nature laying down the general principles of jurisdiction
      • it is fundamental and cannot be amended except by the legislature.
    • the First Schedule, containing 51 Orders and Rules.
      • it relates to the procedure and the method, manner and mode in which the jurisdiction may be exercised.
      • the Orders and Rules, can be amended by High Courts.
  4. The The CPC has no retrospective operation.

Q3. What disputes are considered as civil wrongs ?

Ans. The disputes considered as civil wrongs are:

  • disputes relating to property
  • breach of contract
  • wrongs committed in money transactions
  • minor omissions

Q4. How are civil wrongs redressed before the civil court ?

Ans. Civil wrongs are redressed before civil courts by granting injunctions or by payment of damages or compensation to the aggrieved party.

Q5. What is a Munsiff’s court ?

Ans. Munsiff’s court is the court of lowest jurisdiction for civil wrongs. If the value of the subject matter of the suit is worth rupees one lakh or below, the Munsiff’s court is the competent court to try the suit.

Q6. What is a decree ?

Ans. Section 2(2) of Civil Procedure Code (CPC) defines decree as: “the formal expression of an adjudication which so far regards, the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final”. 
The features of a decree are :

  • A decree shall be deemed to include the rejection of a plaint and the determination of any question within Section 144, but shall not include:
    1. any adjudication from which an appeal lies as an appeal from an order, or
    2. any order of dismissal for default.
  • A ‘decree’ is preliminary when further proceedings have to be taken before the suit can be completely disposed of the suit.
  • A decree must be drawn separately after a judgment.

Q7. What is a judgement ?

Ans. Section 2(9) of CPC defines a judgment as “the statement given by a judge of the grounds of  a decree or order”. It has following features :

  • it is necessary for a judge to give a statement in a judgement, where it is not necessary in a decree
  • a judgment is a stage prior to the passing of a decree or an order

Q8. What is an order ? What are the similarities between an order and a decree ?

Ans. Section 33 of CPC defines an order as “a formal expression of any decision of a civil court which is not a decree”. In simple words, the adjudication of a court which is not a decree is an order.
There are some common elements in a decree and an order :

  1. both relate to matters in controversy;
  2. both are decisions given by a court;
  3. both are adjudications of a court of law; and
  4. both are formal expressions of a decision.

Q9. What are the differences between a decree and an order ?

Ans. The following are the differences between a decree and an order :

decree

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