Structure of CPC 1908: Sections, Orders & Procedural flow

The Code of Civil Procedure, 1908 governs the procedural aspects of civil litigation in India. It lays down the rules and guidelines for conducting civil suits and proceedings.

 

As regards the scheme of the Code, it consists of two parts:

Part I – Body of the Code (contains Sections) {Substantive framework}

• It contains 158 sections.
• It deals with general principles, such as jurisdiction, res judicata, place of suing, institution of suits, etc.
• This part and sections lay down the substantive procedural law.

Part II – The First Schedule (contains Orders and Rules) {Procedural machinery}

• It contains 51 orders which further sub-divided into rules.
• This part describes the detailed procedures to be followed in civil courts (e.g., filing of pleadings, issue and service of summons, discovery, trial procedure, etc.).
• The rules under these orders provide the practical steps for implementation of the Code.

The comparison between sections and rules can be shown with the help of the chart:

S. No.	Sections [158 Sections]	Orders and Rules [51 Orders]
1	The Sections deal with provisions of a substantive nature.	While the orders and rules in Schedule 1 relate to the procedure.
2	The Section law down the general principles of jurisdiction.	Whereas the rules relate to the manner and mode in which the jurisdiction may be exercised. It provide step-by-step guidelines for court procedure.
3	The body of the Code containing section is fundamental and cannot be amended except by the legislature (Parliament/State).	While the first schedule of the Code, containing orders and rules can be amended by the High Courts under Section 122.
4	The sections and the rules must be read together and harmoniously construed they are complementary to each other.	If the rules are inconsistent with the sections, the sections will prevail.

The substantive part of the code contains 158 sections and the first schedule comprises 51 orders and rules providing procedure.

Sections 1-8 of the code are “preliminary” in nature. Section 1 provides for “commencement and applicability of the code”. Section 2 is a “definition clause” and a sort of statutory dictionary of important terms used in the body of the code. Sections 3-8 deal with “constitution of different types of courts and their jurisdiction”.

Section 9 enacts that a “civil court has jurisdiction to try all suits of civil nature unless their cognizance is either expressly or impliedly barred by any statute”. Section 10 provides for “stay of suit (res sub judice)”. Section 11 deals with the doctrine of “res judicata”. Section 13-14 relate to “foreign judgement”.

Section 15-21A regulate the “place of suing”. Sections 22-25 make “provisions for transfer and withdrawal of suits, appeals and other proceedings from one court to another”.

Orders 1-4 deals with “institution and frame of suits”, “parties to suit” and “recognized agents and pleaders”. Order 5 contains provisions as to issue and service and summons. Order 6 deals with pleadings. Orders 7 and 8 relate to “plaints”, “written statements”, “set-offs” and “counter-claims”. Order 9 requires “parties to the suit to appear before the court” and “enumerates consequences of non-appearance”. “Ex-parte decrees” are also dealt with in this order.

Order 10 enjoins the court to examine parties with a view to ascertaining matters in controversy in the suit. Orders 11-13 deal with “discovery, inspection and production of documents” and “admissions by parties”. Order 14 requires the Court to frame issues and Order 15 “enables the Court to pronounce judgement at the “first hearing” in certain cases”.

Order 16 to18 contains for summoning attendance and examination of witnesses and adjournments. Order 19 “empowers the court to make an order or to prove facts on the basis of an affidavit of a party”.

Order 22 declares “effect of death, marriage or insolvency of a party to the suit”. Order 23 deals with “withdrawal and compromise of suits”. Order 25 provides for “security for costs”. Sections 75 to 78 and Order 26 make “provisions as to issue of commissions”. Sections 94-95 and Order 38 provides for “arrest of a defendant and attachment before judgement”. Order 39 lays down “procedure for issuing temporary injunction and passing interlocutory orders”. Order 40 deals with “appointment of receivers”.

Section 33 and Order 20 deals with “judgements and decrees”. Section 34 makes “provisions for interest”. Section 35, 35A, 35B and Order 20A deal with “posts”.

Sections 73-93 and Orders 27-37 lay down “procedure for suits in special cases”, such as, suit by or against Government or Public Officers (Section 79-82 and Order 27); “suits by or against aliens, foreign rulers, ambassadors and envoys” (Sections 83-87B); “suits by or against soldiers, sailors and airmen” (Order 28); “suits by or against corporations” (Order 29); “suits by or against partnership firms” (Order 30); “suits by or against minors, lunatics and persons of unsound mind” (Order 32); “suits by indigent persons” (Order 33); “inter-pleader suits” (Section 88 and Order 35); “summary suits” (Order 37); “suits relating to public nuisance” (Section 91).

Section 89 as inserted from July 1, 2002, provides for “settlement of disputes outside the Court through arbitration, conciliation, mediation and Lok Adalats”.

Sections 96-115 and Orders 41-47 contain detailed “provisions for Appeals, Reference, Review and Revision”.

Sections 36-74 and Order 21 cover “execution proceedings”. Execution proceedings are dealt with in Sections 36-74 (Substantive law) and Order 21 (Procedural law). Order 21 is the longest Order covering 106 Rules.

Section 144 “embodies the doctrine of restitution and deals with the power of the Court to grant relief of restitution in case a decree is set aside or modified by a Superior Court”.

Section 148A “permits a person to lodge a caveat in a suit or proceeding instituted or about to be instituted against him”. The court issues notice and affords an opportunity of hearing to a caveator to appear and oppose interim relief sought by an applicant.

Section 146-153A “confers inherent powers in every civil court”. Section 151 “saves inherent powers in every court to secure the ends of justice and also to prevent the abuse of process of the court”.

Multiple Choice Questions and Answers

1. How many sections are there in the Code of Civil Procedure, 1908?

a. 156

b. 157

c. 158

d. 159

2. How many order are there in the First Schedule of Code of Civil Procedure, 1908?

a. 50

b. 51

c. 52

d. 53

3. What does the First Schedule of CPC primarily provides?

a. Definitions

b. Place of Suing

c. Substantive law

d. Procedural rules

4. Sections 3 to 8 of CPC primarily deals with:

a. Constitution and jurisdiction of courts

b. Inter-pleader suits

c. Res judicata

d. Caveat filing

5. Which section of CPC provides that “civil courts have jurisdiction to try all suits of civil nature unless barred”?

a. Section 12

b. Section 9

c. Section 11

d. Section 8

6. Which section of CPC talks about doctrine of “res judicata”?

a. Section 9

b. Section 10

c. Section 11

d. Section 12

7. Section 10 of CPC provides:

a. Res judicata

b. Res sub judice (Stay of suit)

c. Place of suing

d. Transfer of suits

8. Foreign judgements are dealt with in:

a. Sections 11 and 12

b. Sections 13 and 14

c. Sections 15 and 16

d. Sections 17 and 18

9. The topic “place of suing” is cover by:

a. Sections 1-5

b. Sections 9-12

c. Sections 15-21A

d. Sections 23-26

10. Which Order of CPC deal with the “Written Statement and Counter-Claim”?

a. Order 5

b. Order 6

c. Order 7

d. Order 8

11. Which order of CPC deals with “suits by indigent persons”?

a. Order 33

b. Order 35

c. Order 37

d. Order 39

12. Which of the following is not true about the structure of CPC?

a. Section provides the basic framework

b. Orders provide practical steps

c. Orders prevail over Sections

d. Sections prevail over Orders

13. Section 146 of CPC deals with:

a. Transfer of suits

b. Persons claiming under others

c. Injunctions

d. Res Judicata

14. Choose the correct option:

(a) Both A and R are true and R is the correct explanation A.

(b) Both A and R are true but R is not the correct explanation of A.

(c) A is true but R is false

(d) A is false but R is true

Assertion (A): Sections of the CPC can be amended by High Courts under Section 122 of CPC.

Reason (R): High Courts have rule-making power under the Code of Civil Procedure, 1908.

15. Choose the correct option:

(a) Both A and R are true and R is the correct explanation A.

(b) Both A and R are true but R is not the correct explanation of A.

(c) A is true but R is false

(d) A is false but R is true

Assertion (A): An ex-parte decree can be set aside under Order 9.

Reason (R): Order 9 of CPC deals with the appearance of parties and consequences of non-appearance.

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Also read: 

Historical evolution of CPC: https://lawgiverr.com/historical-evolution-of-code-of-civil-procedure-1908/

Substantive law vs Procedural law: https://lawgiverr.com/substantive-law-vs-procedural-law/

Extent and applicability of CPC: https://lawgiverr.com/the-ultimate-guide-to-the-extent-and-applicability-of-code-of-civil-procedure-1908/