Code of civil procedure. also known as cpc in india 1908., Exams of Criminal Law

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The Code of Civil Procedure,

• An Introduction

-Dr.G.B.Reddy Associate Professor University College of Law Osmania University,Hyderabad-

Kinds of Law

 Substantive Law

• creating rights and obligations on persons E.g.: IPC,ICA and TPA

 Procedural Law/Adjective Law

• laying the procedure for enforcing such rights and obligations E.g.: CPC , Cr.P.C and partly IEA.
• include Rules framed under various enactments.

Code of Civil Procedure,

 Primary procedural law in administration of civil justice  Enacted in 1908 & Came into force w.e.f. 01-01-  Contains principles of natural justice  Based on justice, equity, and good conscience  Contains both procedural & substantive laws.

Scheme of CPC

 Contains 158 sections – called Body  51 orders in First schedule – called Rules  Sections deal with the substantive aspects of civil procedure  Orders deal with procedural aspects  Each order contains no. of Rules  Contains 08 Appendices.

Hierarchy of Civil Courts in

India

 Supreme Court  High Courts  District Courts  Courts of senior Civil Judge  Courts of Junior Civil Judge  Small Causes Courts  Court annexed mechanism – Lok Adalats

Civil Litigation in India

 Most common form of civil litigation- Suit E.g. Original Suits (OS), Original Petitions (OP)  Suit-not defined by Code  Suit-always relate to civil litigation and

derived from the word suing (take legal

action)

Possibility of Settlement of

dispute outside court

 Section 89 inserted by 1999 amendment w.e.f.. 1-7-  If it appears to court that there exist elements of such settlement  Courts may formulate terms of settlement & inform parties  After receiving observations of parties, court may reformulate terms of possible settlement

Possibility of Settlement of

dispute outside court (contd.)

 Refer terms of settlement to

• Arbitration
• Conciliation
• Judicial settlement including Lok Adalat
• Mediation (for effecting compromise)

• If no such possibility exists, it may proceed with suit.

Interim Orders

 May be passed during pendency of suit  Include Commissions, Arrest before judgment, Attachment, Temporary Injunctions, Receiver & Security for costs.  Object: to protect subject matter of suit and to meet the ends of justice  Orders – passed at discretion of court and depending on facts and circumstances of each case.

Bars to Institution/Trial of

Suits

 Stay of Suit (Res subjudice)  Res judicata  Court Fees (subject to filing of indigent/pauper suits)  Expiry of Limitation Period (subject to condonation of delay)  Lack of jurisdiction  Compulsory Arbitration Clause in agreement

Conclusion

Thank You