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CPC Case Law 1-10

The document summarizes 10 cases related to the Civil Procedure Code of India. It discusses topics such as the objective of the CPC, its applicability, the original jurisdiction of the Supreme Court, procedural law, preliminary decrees versus final decrees, complete adjudication of disputes, distinguishing decrees from orders, and the finality of decrees. The table provides the case citation, topic, and key details for each of the 10 cases.

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Pranav Bhansali
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62 views3 pages

CPC Case Law 1-10

The document summarizes 10 cases related to the Civil Procedure Code of India. It discusses topics such as the objective of the CPC, its applicability, the original jurisdiction of the Supreme Court, procedural law, preliminary decrees versus final decrees, complete adjudication of disputes, distinguishing decrees from orders, and the finality of decrees. The table provides the case citation, topic, and key details for each of the 10 cases.

Uploaded by

Pranav Bhansali
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Ninad .P.

Shah
Advocate
Civil Procedure Code, 1908 : Weekly Case Laws 1 to 10

Sr. No. Topic Citation Particulars

1 Object of (2007) 2 SCC 551 Act to consolidate and amend laws


CPC pertaining to the court of civil judicature
and also deals with substantive rights.
however, primarily to consolidate laws
relating to civil procedure.

2 Extent & (2004) 6 SCC 378 Applicable to all proceedings in court of


Applicability civil jurisdiction subject to special law,
local law or special jurisdiction in force at
that time.
The main body creates jurisdiction, while
rule indicates the manner in which it has
to be exercised.

3 Original (2014) 12 SCC CPC not applicable to suit under A 131 in


Jurisdiction 378 S.C, except those specifically made
of Supreme applicable by S.C rules.
Court A- 131 suits should not be decided in so
far as it concerns the technical aspects of
pleadings and procedures are concerned.

4 Backward (2015) 4 SCC 292 CPC not applicable.


Areas Court should follow the spirit of law and
not be bound by the letter of the CPC.

5 Procedural (2016) 1 SCC 607 Procedure meant to facilitate


Law administration of justice and not to
defeat the same

6 Preliminary (1995) 3 SCC 413 Preliminary Decree is where the right and
decree and liabilities have been declared leaving the
final decree actual result to be worked out in further
proceedings.
After which further inquiries are
conducted and the rights of parties are
fully determined and a decree is passed in
accordance with such determination
which is final.
Final Decree becomes final when:-
● when there lies a appeal and
appeal has not been made or the
time period for appeal has expired
or,

Email ID – adv.ninad.shah@gmail.com
Ninad .P. Shah
Advocate
● When the court passes a decree,
the same stands are completely
disposed of.

7 Complete (2009) 2 SCC 562 The appellate court for the purpose of
Adjudication complete adjudication of disputes
of Dispute between parties may also take into
consideration subsequent events after
passing of the preliminary decree.

8 Decree and (2009) 2 SCC 562 A decree can be partly preliminary and
Order partly final.
Distinction A court to determine whether an order is
Test to a decree following conditions should be
determine fulfilled:
whether ● There must be adjudication,
order is a ● it should be given in a suit,
decree or ● must have determined the rights
not of the parties with regards to all or
any matter in nature,
● determination must be conclusive,
● must be a formal expression of
such adjudication.

9 Decree (2004) 8 SCC 724 Formal expression of adjudication, as


regard to court delivering it, conclusively
determines the right of the parties with
regard to all or any matter in controversy
in suit and it either can be preliminary or
final decree.

10 Final Decree (2008) 8 SCC 198 A decree may be denoted as final


Finality of adjudication between parties and against
Decree which appeal lies, but only when a suit is
completely disposed of, thereby a decree
would come into being.

Email ID – adv.ninad.shah@gmail.com
Ninad .P. Shah
Advocate

Email ID – adv.ninad.shah@gmail.com

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