CIVIL PROCEDURE CODE AND LIMITATION ACT

CIVIL PROCEDURE CODE

1. Introduction
The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India. The
Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule,
which has 51 Orders and Rules. The sections provide provisions related to general principles of jurisdiction whereas
the Orders and Rules prescribe procedures and method that govern civil proceedings in India.

Check Byju Introduction…

What is Procedural Law?

Procedural law, also known as adjective law, outlines the process that courts must follow when adjudicating civil,
criminal, and administrative cases. It is the set of rules and principles that govern how legal matters progress
through the judicial system. This includes how a lawsuit or case is initiated, what kind of service of process is
required, the types of pleas or motions that may be made, and what evidence is allowed.
The purpose of procedural law is to ensure fairness, justice, and consistency in the legal process. By defining the
process, it ensures all parties have an equal opportunity to present their case and safeguards the individual's right to
a fair trial.

What is Substantive Law?

Substantive law, in contrast, is concerned with the actual rights and obligations of individuals and organizations. It
defines the statutory laws that dictate how people should behave in society and the consequences when these laws
are broken. This encompasses laws related to criminal offenses, civil rights, contract law, property law, and family
law.
Substantive law is the framework within which the justice system operates. It sets out the duties, rights, liabilities,
and privileges of individuals, as well as providing the basis for legal actions and defenses in both civil and criminal
matters.
 2. Preliminary Definitions

2.1.1 Decree, Judgement, Order

2.1.1.1 Decree
The term decree is defined in Section 2(2) of Code of Civil Procedure, 1908. A decree always follows judgement and
is based upon a judgement. It is divided into five types unlike judgement which is final in itself. A decree may be final
or preliminary. It is a formal declaration or adjudication and is conclusive in nature.
A decree is of three kinds namely, preliminary decree, final decree and partly preliminary & partly final.
A decree may be delivered with an order. The decree contains the outcome of the suit and conclusively determines
the rights of the parties with regard to the issues in dispute in the suit. After passing the decree, the suit stands
disposed of since the rights of the parties are finally determined by the court.

2.1.1.2 Deemed Decree

A decree shall be deemed to include the rejection of a plaint and any question within Section 144 of Code of Civil
Procedure,1908 but shall not include:
 Any such sentence(adjudication) from which it appears that an appeal lies as an appeal from an order, or any
such order of discharge(dismissal) of default.

2.1.1.3 Kinds of Decrees

According to Section 2(2) of the Code of Civil Procedure,1908 decrees are divided into three categories:
- Preliminary Decree
In general sense, the word preliminary means preparation for the main matter, initial, introductory, preparatory. In a
legal sense, a preliminary decree is a decree where further proceedings have to take place before the suit can be
completely disposed of. It decides the rights of the parties in respect to all or any of the matters of discussion but it
does not completely dispose of the suit.
- Final Decree
In general sense, the word ‘final’ means last, ultimate, conclusive or decisive. In legal sense, a final decree is a decree
which completely disposes of the suit and settles all the questions in discussion between the parties and nothing is
left further for deciding thereafter. It is only said to be final when such adjudication completely disposes of the suit.
- Partly preliminary and partly final Decree
A decree is said to be partly preliminary and partly final when the court decides two questions by the same decree.
For instance, if the court passes a decree in favour of one party along with a direction of inquiry for the other party,
the former part of the decree is final while the latter part is a preliminary decree for which further proceedings have
to take place.

2.1.2 Judgement
The term Judgement is defined in Section 2(9) of the Code of Civil Procedure, 1908. A judgement contains facts of
the case, the issues involved, the evidence brought by the parties, finding on issues (based on evidence and
arguments). Every judgement shall include a summary of the pleadings, issues, finding on each issue, ratio decidendi
and the relief granted by the court. On a daily basis, numerous judgements are pronounced and various cases are
disposed of. Judgements play a very important role in the working of our judicial system because they act as
precedents for cases to come in the near future. A judge in the judgement pronounced, always states the reasons for
such a decision.
Foreign Court, Foreign Judgement (Sec. 13)
The Indian Code of Civil Procedure, 1908 (CPC) lays down the procedure for enforcement of foreign judgments and
decrees in India. CPC, 1908 had defined the following as-
Section 2(5) “foreign Court” means a Court situated outside India and not established or continued by the authority
of the Central Government.
Section 2(6) “foreign judgment” means the judgment of a foreign Court.
In Private International Law, unless a foreign court has jurisdiction in the international sense, a judgment delivered
by that court would not be recognized in India. But it considers only the territorial competence of the court over the
subject-matter and defendant. Its competence or jurisdiction in any other sense is not regarded as material by the
court in this country.

Foreign Award
An award passed by foreign arbitrator is enforceable in a country where it was made and can also be enforced in
India. Courts may refer to CPC or any other statute while considering the procedure to be followed for enforcement
of foreign awards under Foreign Awards (Recognition and Enforcement) Act (45 of 1961)

Other definitions: Affidavit, Suit, Plaint, Written Statement

- Affidavits – Order 19
Affidavits are dealt under Order 19 of the Code. It is a sworn statement made by the person who is aware of the
facts and circumstances which have taken place. The person who makes and signs is known as ‘Deponent’. The
deponent makes sure that the contents are correct and true as per his knowledge and he thereby concealed no
material therefrom. After signing the document, the affidavit must be duly attested by the Oath Commissioner or
Notary appointed by the court of law. The person who gives attestation to the affidavit shall make sure that the sign
of the deponent is not forged. The affidavit shall be drafted as per the provisions of the code. It must be paragraphed
and numbered properly. Even though the “affidavit” has not been defined in the code, it basically means “a sworn
statement in writing made specifically under oath or affirmation before an authorized officer or Magistrate.”

Meaning of suit
The word suit has not been defined anywhere in the Code, but it is a proceeding which is commenced by
presentation of a plaint. In Hansraj Gupta and Ors. vs. Official Liquidators of the DehraDun-Mussoorie Electric
Tramway Co.Ltd., the Privy Council has defined the expression “suit” as a civil proceeding instituted by presentation
of a suit.

Plaint
A Plaint is a legal document that contains the content of any civil suit which shows the Plaintiff’s claim after filing
suit. The plaintiff is the first step of the Plaintiff in the form of a legal document for the commencement of suit and it
shows what a Plaintiff wants from that suit. The concept of a plaintiff is mentioned in the Civil Procedure Code.
Through the help of the plaintiff, the plaintiff narrates or describes the cause of action and related information which
is considered as essential from the viewpoint of the suit.
 3. Suits of civil nature

The CPC defines a suit as a civil proceeding initiated by the presentation of a plaint or a written statement before a
court of law. A “suit of civil nature” refers to a legal action that falls within the realm of civil law and is governed by
the CPC. Civil law encompasses a wide range of disputes, including those related to property, contracts, torts, family
law, etc.

The scope of suits of civil nature under the CPC is extensive and covers various types of civil disputes. These may
include suits for recovery of money, suits for specific performance of contracts, suits for declaration of rights, suits
for injunctions, suits for partition of property, suits for damages, and many others. The CPC provides a procedural
framework for conducting these suits, ensuring that civil disputes are resolved through a systematic and fair legal
process.

Types of Suits of Civil Nature

The CPC classifies suits of civil nature into different categories based on the nature of the dispute. Some of the
common types of suits of civil nature under the CPC are as follows:
a) Suits for Recovery of Money: These are suits where a party seeks to recover a sum of money due to them from
another party. It may arise out of a contract, loan, or any other legal obligation.
b) Suits for Specific Performance of Contracts: These are suits where a party seeks to enforce the performance of a
contract by the other party. Specific performance is a discretionary remedy, and the court may grant it in certain
circumstances.
c) Suits for Declaration of Rights: These are suits where a party seeks a declaration from the court affirming their
legal rights or status. For example, a suit for a declaration of ownership of a property.
d) Suits for Injunctions: These are suits where a party seeks an order from the court restraining another party from
doing a certain act or compelling them to do a certain act. Injunctions can be temporary (interim) or permanent,
depending on the circumstances.
e) Suits for Partition of Property: These are suits where co-owners of a property seek a division of the property
among themselves.
f) Suits for Damages: These are suits where a party seeks compensation for the loss or harm suffered due to the
wrongful act of another party.
Importance and Significance of Suits of Civil Nature
Suits of civil nature play a crucial role in the Indian legal system as they provide a legal mechanism for resolving civil
disputes between parties. They are important for several reasons:
Protecting Rights and Interests, Ensuring Adherence to Legal Procedures, Facilitating Access to Justice, Setting Legal
Precedents, Resolving Disputes Amicably.

Section 9 of CPC
Section 9 of the Code of Civil Procedure (CPC) is a provision in the civil procedure laws of India that pertains to the
jurisdiction of courts to entertain a suit. Section 9 of the CPC reads as follows:
“9. Courts to try all civil suits unless barred.- The Courts shall (subject to the provisions herein contained) have
jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly
barred.”
Section 9 of the CPC establishes the general principle that civil courts in India have jurisdiction to entertain and try all
civil suits, unless the cognizance of a particular suit is expressly or impliedly barred by law. This means that, by
default, civil courts in India have the authority to hear and decide civil suits, unless there is a specific legal provision
that explicitly or implicitly prohibits them from doing so.

4. Res Sub-Judice and Res Judicata (Sec. 10,11)

4.1 Res Sub-Judice

Nature, Scope and Objective

The principle of res sub-judice prevents the court from proceeding with the trial of any suit in which the matter in
issue is directly or substantially the same with the previously instituted suit between the same parties and the
court where the issue is previously instituted is pending has the power to grant the relief sought.
This rule is applicable to the trial of the suit and not the institution. It does not restrict the court from passing
interim orders like injunction or stay. However, it applies to revisions and appeals.
The purpose behind this rule is to prevent multiplicity of cases in courts. It is also sought to prevent the plaintiff from
getting two separate decisions from different courts in his favour or two contradictory judgements. It also ensures to
protect the litigant from unnecessary harassment. The policy of law is to restrict the plaintiff to one legislation, thus
obviating the possibility of two conflicting verdicts by one and the same court in respect of the same relief.

Conditions
Section 10 of the Civil Procedural Code, 1908 deals with the conditions required to apply the principle of res sub
judice. The conditions in the process of application of res sub-judice are:
4.2 Res Judicata

Res means “subject matter” and judicata means “adjudged” or decided and together it means “a matter adjudged”.

In simpler words, the thing has been judged by the court, the issue before a court has already been decided by
another court and between the same parties. Hence, the court will dismiss the case as it has been decided by
another court. Res judicata applies to both civil and criminal legal systems. No suit which has been directly or
indirectly tried in a former suit can be tried again.

Principle of Res Judicata

The principle of res judicata seeks to promote the fair administration of justice and honesty and to prevent the law
from abuse. The principle of res judicata applies when a litigant attempts to file a subsequent lawsuit on the same
matter, after having received a judgment in a previous case involving the same parties. In many jurisdictions, this
applies not only to the specific claims made in the first case but also to claims that could have been made during the
same case.

Principles of Res-judicata and Res- subjudice, Foreign judgement, place of suing.