Vous êtes sur la page 1sur 3

Introduction

The code of civil procedure Act 5 of 1908 was enacted on 1 January 1909.

C.P.C was later on amended by C.P.C amendment act of 1977, 1999 and 2002.

C.P.C can be divided into two parts First part contains 158 Sections and second part
contains first schedule containing 51 order and rules.

The sections deals with substantive general rules while the first schedule deals with
the procedural part of the act.

The sections can be amended by only the legislature, while the orders can be
amended by the High Courts.

Decree can be of three types:-

1) Preliminary
2) Final
3) Partly preliminary partly final

Distinction between decree and order

Basis Decree Order


When passed? Decree can be only passed in a An order can be passed in a suit
suit commenced by by presentation of plaint, or
presentation of plaint. may arise from proceedings by
petition or application.
Conclusive Decree conclusively determines Order may or may not finally
Determination the rights of the parties. determine the rights.
Preliminary/Final Can be both. Order can only be final.
Numbers Usually one. Number of orders can be
passed in a suit.
Appeal Every decree is appealable. Orders specified in Section 104
and Order 43 is appealable.
Second Appeal A degree can be appealed after No second appeal of appealable
first appeal order.

SECTIONS

Topic Section
12
Decree 2(2)
Order 2(14)

1 Phoolchand v. Gopal lal AIR 1967 SC 1470:- More than one preliminary
decree can be passed.

2 Sital Prasad v. Kishori lal, AIR 1947 SC 1236:- That once no questions were
asked on preliminary decree then nothing can be asked after the case has been
decided. Because challenging preliminary decree will affect the final decree because
final decree is to a limit based on preliminary decree too.
Decree-holder 2(3)
Foreign Court 2(5)
Foreign Judgment 3 2(6)
Legal representative 2(11)
Mesne Profit4 2(12)
JURISDICTION OF THE COURT
Jurisdiction56 of the court means the power or authority of a court to hear and
determine a cause, to adjudicate and exercise any judicial power in relation to it.

Kinds of Jurisdiction:-

1. Territorial
2. Pecuniary
3. Subject matter
4. Original or Appellate

Section 6 Pecuniary Jurisdiction.

Section 9 Court to try all civil suits unless specifically barred. 7

CASES:-
Ratan Singh v. Bailey Ram, AIR 1952 Punj 163:- Every citizen has right to
worship in such methods as he likes unless it invade with rights of any other person.

P. Pilai v. Ganapathi Ayyar, AIR 1954 Mad 179:- Right to take out processions
isnt limited to religious processions but every type of precessions, F.g., Funeral
Procession.

RES SUB JUDICE (Section 10) AND RES JUDICATA (Section


11)
Res sub judice, in simpler words, means that no court shall proceed with the trial
of a suit in which the matter in issue is also directly and substantially in issue on a
previously instituted suit which is pending.

Doctrine of Res sub judice doesnt bar the institution of the suit but bars the trial of
the suit.

Where the subject-matter of two suits are not same, Section 10 will have no
application merely because the main issue in both the suits is common. 8

3 Shitole v, Shanker Saran, AIR 1962 SC 1737:- That Foreign judgment doesnt
ceases to be a foreign judgment just because the court which passed that foreign
judgment has now become the part of Union of India.

4 Shambhu Dayal Khetan v. Motilal Muraka AIR 1983 Pat 106:- That Mesne
Profit can only be claimed where there is wrongful possession.

5 Kiran Singh v. Chaman Paswan, AIR 1954 SC 340:- A decree passed by a


court without jurisdiction is Coram non judice (Not before a judge).

6 Hakam Singh v. Gamon (India) /ltd., AIR 1971 SC 740:- In a case where
there are two courts of competent jurisdiction then it can be decided by the parties
that they want to seek justice from which court among them.

7 St. of U.P. v. Mordhwaj Singh, AIR 1960 SC 796:- That it is open to a


competent legislature to bar jurisdiction of a court, provided that, it keeps itself
within the field of legislation conferred on it by the constitution.
Res Judicata, in simpler words, means that once a matter is finally decided by the
competent court than it cannot be reopen by either of the party in a subsequent
litigation.

8 Bijendra Kumar v. Basant Kumar,AIR 1994 All 81