These Are: Civil Procedure Code at Glance
These Are: Civil Procedure Code at Glance
PART VI SECTIONS 94 & 95 AND ORDER 38 provides ARREST OF THE DEFENDANT AND
ATTACHMENT BEFORE JUDGMENT. ORDER 39 lays down the procedure for issuing temporary
injunction and passing interlocutory orders. ORDER 40 deals with appointment of receivers.
ORDER 25 provides for security of costs. ORDER 23 deals with withdrawal and compromise of
suits. ORDER 22 declares effect of death, marriage or insolvency of a party to the suit. After
hearing is over the court pronounces a judgment. SECTION 33 and ORDER 20 deal with judgments
and decrees. SECTION 34 makes provisions for interest. SECTION 35, 35-A, 35-B and ORDER 20-A deal
with costs.
PART IV AND V SECTIONS 79-93 AND ORDERS 27 To 37 lay down procedure for SUITS IN
SPECIAL CASES, such as,
SECTIONS 79 TO 82 and ORDER 27 suits by or against government or public officers.
SECTION 83 TO 87-B suits by or against aliens, foreign rulers, ambassadors and envoys.
ORDER 28 suits by or against soldiers, sailors and airmen
ORDER 29 suits by or against corporations.
ORDER 30 suits by or against partnership firms
ORDER 31 suits by or against trustees, executors and administrators
ORDER 32 suits by or against minors and lunatics and persons of unsound mind.
ORDER 32A suits relating to family matters
ORDER 33 suits by indigent persons.
ORDER 34 suits relating to mortgages
SECTION 88 ORDER 35 interpleader suits
SECTION 90 and ORDER 36 friendly suits
ORDER 37 summary suits
SECTION 91 suits relating to public nuisances
SECTION 92 suits relating to public trusts.
SECTION 89 inserted 1 July 2002 provides for settlement of disputes outside the court through
arbitration, conciliation, mediation and Lok Adalats.
PART VII AND VIII SECTIONS 96 To 115 AND ORDERS 41 To 47 Contain detailed provisions for
APPEALS, REFERENCE, REVIEW AND REVISION.
SECTIONS 96 TO 99 A and ORDER 41 deal with First Appeals.
SECTIONS 100 TO 103 and ORDER 42 discuss law relating to Second Appeals.
SECTIONS 104 TO 108 and ORDER 43 contain provisions as to Appeals from Orders.
SECTION 109, 112 and ORDER 45 provide for Appeals to the Supreme Court.
Order 44 appeals by indigent persons.
SECTION 113 and ORDER 46 References to High Court by subordinate court on question of law.
SECTION 114 and ORDER 47 permit review of judgment in certain cases.
SECTION 115 confers revisional jurisdiction of High Courts over subordinate courts.
PART X SECTIONS 121 To 131 rules framed by HIGH COURTS TO FRAME RULES FOR REGULATING
THEIR OWN PROCEDURE.
PART IX SECTIONS 116 To 120 Special Provisions Relating To The {Subs. By Act 2 of 1951,
S.14, For "Chartered High Courts".}[High Courts For Part A States And Part B States]
CIVIL PROCEDURE CODE AT GLANCE
SECTIONS 1 To 8: These are PRELIMINARY in nature.
SECTION 1 provides for commencement and applicability of the code.
SECTION 2 is definition clause.
SECTION 3 TO 8 deal with constitution of different types of courts and their jurisdiction.
PART VI SECTIONS 94 & 95 AND ORDER 38 provides ARREST OF THE DEFENDANT AND
ATTACHMENT BEFORE JUDGMENT.
ORDER 39 lays down the procedure for issuing temporary injunction and passing interlocutory
orders.
ORDER 40 deals with appointment of receivers.
ORDER 25 provides for security of costs.
ORDER 23 deals with withdrawal and compromise of suits.
ORDER 22 declares effect of death, marriage or insolvency of a party to the suit. After hearing
is over the court pronounces a judgment.
SECTION 33 and ORDER 20 deal with judgments and decrees.
SECTION 34 makes provisions for interest.
SECTION 35, 35-A, 35-B and ORDER 20-A deal with costs.
ORDER 24 Payment into court
PART VII AND VIII SECTIONS 96 To 115 AND ORDERS 41 To 47 Contain detailed provisions for
APPEALS, REFERENCE, REVIEW AND REVISION.
SECTIONS 96 TO 99 A and ORDER 41 deal with First Appeals.
SECTIONS 100 TO 103 and ORDER 42 discuss law relating to Second Appeals.
SECTIONS 104 TO 108 and ORDER 43 contain provisions as to Appeals from Orders.
SECTION 109, 112 and ORDER 45 provide for Appeals to the Supreme Court.
Order 44 appeals by indigent persons.
SECTION 113 and ORDER 46 References to High Court by subordinate court on question of law.
SECTION 114 and ORDER 47 permit review of judgment in certain cases.
SECTION 115 confers revisional jurisdiction of High Courts over subordinate courts.
PART IX SECTIONS 116 To 120 Special Provisions Relating To The {Subs. By Act 2 of 1951,
S.14, For "Chartered High Courts".}[High Courts For Part A States And Part B States]
PART X SECTIONS 121 To 131 rules framed by HIGH COURTS TO FRAME RULES FOR REGULATING
THEIR OWN PROCEDURE.
SMALL CAUSE:
Dispute relates to owner and tenant under the rent control act, will be adjudicated in these
courts.
While adjudicating this matter judge act as rent controller.
DISPUTES UNDER ANDHRA TENANCY ACT:
Disputes rose in between tenant and Land Lord under Andhra Tenancy Act, those cases
are come under the jurisdiction of these courts.
While adjudicating these matters judge acts as a special officer.
ORIGINAL SUITS:
Where the suit amount is from Rs. 10,000/- to Rs. 3,00,000/-, then it should be filed in
these courts.
At the same time suit for injunctions upto three lakhs can be instituted in these courts.
These suits are otherwise known as title suits.
SUCCESSION CERTIFICATE:
The succession certificate is to be needed for the property worth is below three lakh, and
then suit for succession certificate is filed in this court.
ELECTION DISPUTES:
Disputes related to Gram Panchayat, Municipal Counselors, election are come under the
jurisdiction of these courts.
NOTE:
These courts have only enjoyed the original jurisdiction and it has no appellate jurisdiction.
The Judicial officer who deals civil cases will be treated as Judge.
The Judicial officer who deals criminal cases will be treated as Magistrate.
2. SENIOR CIVIL JUDGE/PRL. SUB JUDGE/ADDITIONAL SUB JUDGE/ JUDGE/SUB-
COURT:
In absence of District Courts, then only these courts have appeal jurisdiction over Jr. civil
judge courts.
In absence of family courts, then only these courts have jurisdiction over the cases, which
are come under the Hindu marriage Act. Those are Divorce: Restitution of conjugal rights,
judicial separation.
Election petitions come under the jurisdiction of this court.
Execution petitions of same court.
3. DISTRICT COURT:
All appeals in which the judgment is given by sub court with its original jurisdiction power.
All appeals received from Jr. Civil Judge in absence of sub court.
It has its original pecuniary jurisdiction i.e. above 15 lakhs.
Succession certificate for above three lakh.
Dispute between wife and husband, in which their marriage is come under special
marriage Act and other than Hindu marriage Act.
Compensation related to motor accident claims. (MVOP).
Andhra Tenancy Act appeals (Sub court has no jurisdiction).
Land grabbing cases.
Appointment of Guardians under Guardian and Wards Act.