A simplified gist of the Indian Civil Procedure Code (CPC) with key sections applicable to filing cases
Venkata Phaneendra Yennuthula
"Lawyer for Entrepreneurs | Specialist in Civil, Criminal, Banking & Real Estate Law | Advocate of Teamwork & Collaborative Solutions"
A simplified gist of the Indian Civil Procedure Code (CPC) with key sections applicable to filing cases:
1. Jurisdiction (Section 9-20):
Determine the appropriate court that has jurisdiction over the matter.
2. Pleadings (Section 26-30):
File the plaintiff's plaint (written statement of claim) and defendant's written statement in response.
3. Issue of Summons (Section 27-29):
The court issues summons to the defendant to appear before the court.
4. Discovery and Inspection (Order XI):
Parties can request documents or information from each other.
5. Admission and Denial (Order XII):
Parties must admit or deny the allegations made in the pleadings.
6. Framing of Issues (Order XIV):
The court identifies the main points of contention between the parties.
7. Examination of Witnesses (Order XVIII):
Witnesses are examined by both parties to present evidence.
8. Affidavits (Order XIX):
Parties can file written statements under oath.
9. Judgment and Decree (Order XX):
The court pronounces judgment and issues a decree based on its decision.
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10. Appeal (Section 96-112):
A dissatisfied party can file an appeal before a higher court.
11. Review (Section 114):
Parties can request a review of the court's decision in certain circumstances.
12. Execution of Decrees (Section 36-74):
Procedures for enforcing court orders and decrees.
13. Temporary Injunctions (Order XXXIX):
Obtain a temporary injunction to prevent specific actions pending the final judgment.
14. Interlocutory Orders (Section 115):
Orders that can be challenged before the High Court in certain cases.
15. Res Judicata (Section 11):
Bars a matter that has already been adjudicated and decided by a competent court.
16. Limitation (Section 3-25):
File a case within the prescribed limitation period.
Please note that this gist is a simplified overview and doesn't cover all provisions and details of the Civil Procedure Code. For more comprehensive and accurate guidance, it's essential to consult the full text of the Indian Civil Procedure Code and seek legal advice when filing or defending a case.