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Code of Civil Procedure (CPC) 25 articles

Limitation Period for Appeal

Limitation Period: The time for filing first appeal in civil cases is 30 days. The time for filing second appeal in civil cases is 60 days. The time for filing civil revision is 90 days. L...

  • 04 Oct, 2024

  • Code of Civil Procedure (CPC)

Written Statement : How to draft it ?

INTRODUCTION A written statement is the pleading of the defendant wherein he deals with every material fact alleged by the plaintiff along with any ne facts in his favour or takes legal objections ...

  • 17 May, 2024

  • Code of Civil Procedure (CPC)

Revision and Trust Deed

INTRODUCTION Section 115 of the Code of Civil Procedure, 1908 (CPC) empowers the High Court to entertain a revision in any case decided by any subordinate court in certain circumstances. ...

  • 17 May, 2024

  • Code of Civil Procedure (CPC)

Fundamentals Principles of Pleadings with Landmark Case Laws

INTRODUCTION Pleadings are statements made by suit in support of their rights, either by plaintiff or defendant. So, it is a formal statement regarding cause of action, matters in issue and relief...

  • 16 May, 2024

  • Code of Civil Procedure (CPC)

Revision

INTRODUCTION Section 115 of the Code of Civil Procedure, 1908 deals about Revision. The Higher Courts have revision jurisdiction and can call for the record of any case which is already decided....

  • 16 May, 2024

  • Code of Civil Procedure (CPC)

Review under CPC

Introduction : According to the Code of Civil Procedure (CPC), 1908, a party who is unhappy with the judgement rendered by the court may file an appeal against the judgement before the superior co...

  • 07 Jan, 2024

  • Code of Civil Procedure (CPC)

Distinction between Review and Revision

Revision Review The power of revision is exercised by the court superior to the court which decides the case. But the power of review...

  • 07 Jan, 2024

  • Code of Civil Procedure (CPC)

Distinction Between Revision and Appeal

Revision Appeal A revision application lies only to the High Court. An appeal lies to a superior court, which may not necessarily be ...

  • 07 Jan, 2024

  • Code of Civil Procedure (CPC)

Distinction Between Reference and Revision

Revision Reference In revision, the aggrieved party moves the High Court for the exercise of its revisional jurisdiction, or the High Court may on ...

  • 07 Jan, 2024

  • Code of Civil Procedure (CPC)

Distinction Between Revision and Writ

Distinction Between Revision and Writ are as follows : The revisional power under Sec. 115 of the Code is clearly in the nature of a power to issue a writ of certiorari. However, the power of re...

  • 07 Jan, 2024

  • Code of Civil Procedure (CPC)

Concept of Revision under CPC

INTRODUCTION Section 115 of the Code of Civil Procedure, 1908 deals about Revision. The Higher Courts have revision jurisdiction and can call for the record of any case which is already decided....

  • 07 Jan, 2024

  • Code of Civil Procedure (CPC)

Foreign Judgment in CPC

FOREIGN JUDGMENT (A judgment of a Foreign Court) Meaning: S.2(6) defines the foreign judgment as the "judgment of a foreign Court". The term foreign Court has been defined in s. 2(5) as a...

  • 07 Jan, 2024

  • Code of Civil Procedure (CPC)

Concept of Sub Judicata in CPC

Concept You must have cause of action which means you are asserting a legal right. Legal right means you have a legal capacity or title or legal relationship with respect to a subject matter. Now,...

  • 07 Jan, 2024

  • Code of Civil Procedure (CPC)

Concept of Sub Judice under CPC

Meaning of Res Sub Judice:  Res = pending,  sub = subject and judice = under consideration for adjudication or under judiciary’s control. Thus, res sub judice means a suit pendin...

  • 05 Jan, 2024

  • Code of Civil Procedure (CPC)

AMENDMENT OF PLEADINGS RULES 17-18

As already stated, material facts and necessary particulars must be stated in the pleadings and the decision cannot be based on the grounds outside the pleadings. But many a times the party may find i...

  • 25 Dec, 2023

  • Code of Civil Procedure (CPC)

Pleadings and its fundamental rules in CPC

INTRODUCTION Pleadings are statements made by suit in support of their rights, either by plaintiff or defendant. So, it is a formal statement regarding cause of action, matters in issue and relief...

  • 25 Dec, 2023

  • Code of Civil Procedure (CPC)

Execution and Modes of Execution in CPC

Introduction Execution is the last stage of any civil litigation. There are three stages in litigation: Implementation of litigation is also known as execution. A decree will come into exist...

  • 25 Dec, 2023

  • Code of Civil Procedure (CPC)

NOTICE UNDER SECTION 79 & 80 OF THE CODE OF CIVIL PROCEDURE ,1908

Introduction : Suit under CPC can be of two kinds Section 79 to 82 and Order 27 of the Civil Procedure Code, 1908 lay down procedure where suits are brought by or against the Government or P...

  • 22 Dec, 2023

  • Code of Civil Procedure (CPC)

Plaint in CPC

Introduction A Plaint is a legal document that contains the content of any civil suit which shows the Plaintiff's claim after filing suit. The plaint is the first step of the Plaintiff in the f...

  • 22 Dec, 2023

  • Code of Civil Procedure (CPC)

Ex Parte Decree in CPC

Introduction In situations where the defendant is noticeably absent on the scheduled hearing day as outlined in the summons, an ex-parte decree can be rendered. This type of decree is issued when t...

  • 22 Dec, 2023

  • Code of Civil Procedure (CPC)

Order-IX : Appearance of parties and Consequence of non-Appearance

Introduction: Every proceeding as far as possible must be carried on in the presence of parties as a general principle of law. Order IX of the Code of Civil Procedure lays the laws regarding the ap...

  • 22 Dec, 2023

  • Code of Civil Procedure (CPC)

Special Case Section 90 CPC

Special Case (Sec. 90, Order 36) 'Special case' is one where parties do not institute a suit by presentation of a plaint, but they, claiming to be interested in the decision of any question...

  • 01 Dec, 2023

  • Code of Civil Procedure (CPC)

Interpleader Suit in Code of Civil Procedure 1908

Introduction In fact, “Inter-pleader Suits” is not defined in the Code of Civil Procedure, 1908.  ‘Inter-plead’ generally means to litigate with each other to find a so...

  • 01 Dec, 2023

  • Code of Civil Procedure (CPC)

Reference Section 113 Order 46 of Code of Civil Procedure

INTRODUCTION: Civil procedure code neither creates nor take away any right. It is intended to regulate the procedure followed by the civil court. The procedure must not be complex and the litigant ...

  • 01 Dec, 2023

  • Code of Civil Procedure (CPC)

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