1. CODE of CIVIL PROCEDURE
1908

2. Introduction
Statute Prescribing law relating to procedure of Civil Courts;
Structure -
158 Sections in First (main) part;
51 ORDERS in Second part (contain Rules);
Scheme -
Sections - Basic Principles Creating Jurisdiction;
Rules Detailed Procedure for Exercising Jurisdiction;

3. Some Basic Definitions (S. 2)
Decree (2)
Decree-holder (3)
Government Pleader (7)
Judge (8)
Judgment (9)
Judgment-debtor (10)
Legal representatives (11)
Mesne profits (12)
Order (14)
Caveat : (S. 148 A)

4. Proceedings in Civil Courts
In Original / Trial Courts -
Original Suits of a Civil nature;
Original Applications;
Interlocutory Applications;
Miscellaneous Applications including Reviews;
In Superior Courts -
References;
Revisions;
Appeals;

5. The Most Basic Proceeding ----
“Suit of a Civil Nature”

7. Virtually Limitless connotation; Can involve disputes for Rights to -
Meaning & Scope (S.9)
Virtually Limitless connotation;
Can involve disputes for Rights to -
Property or,
Office -
Even if purely dependant on religious rites/ceremonies;
With / Without Fees;
Irrespective of being attached to any particular place;

8. S.9 - The Bottomline
Virtually any dispute or actionable grievance a potential Suit of Civil nature;
Limiting clause –
“unless expressly or impliedly barred”;

9. Typical Civil Suits Title Suits; Money Suits; Matrimonial Suits;
Guardianship Cases;
Succession Matters etc.;

10. “Jurisdiction”
The competency of a Court to entertain/ adjudicate upon any particular subject matter;
Types of Jurisdiction:-
i) Pecuniary, ii) Territorial, iii) Of Subject matter;

11. Filing of Suits In Court of Lowest Grade competent to try (S.15);
Place of Suing (S.16) –
For immovable property – Where situated;
If situated in different places - in any of those Courts or,
Where Defendant resides / works for gain or,
Where cause of action / part arises;

12. Finality of Proceedings -I
S.10: Stay of Suits -
If the matter in issue is directly and substantially same, as in a former suit between same parties –
No Court to proceed with Trial in a suit, till decision of earlier Suit,

13. The Finality -II
S. 11: Res – Judicata - If the matter in issue is directly & substantially same, as in a former suit –
A suit / Issue already decided not to be reopened / re-adjudicated subsequently between same parties, or those claiming through them;

14. Stages in Suit hearing / trials
Filing in Court,
Preliminary Scrutiny (O.VII),
Issuance of Summons / Notices (O. V),
Ascertaining Contest after Service (O.IX),
Completion of pleadings (WS etc.) (O.VIII),
Disposal of Interlocutory Applications,

15. Stages in Suit Hearing / Trials
Framing of Issues (At any stage),
Discovery, Inspection /Admissions (O.XI);
Evidence of plaintiff (s);
Evidence of defence side(Order XVIII);
Cross-examination of witnesses giving evidence in chief by way of affidavits (Post amendment);
Arguments;

16. The Conclusion
12. Judgment (O.XX);

17. The Conclusion
13. Execution – If not complied within specified time;

18. Thank You