Civil Procedure Code: Orders 1-5

Civil Procedure Code (CPC)

• CPC is a procedural law containing sections and orders that guide how civil cases proceed in court.
• Orders explain the step-by-step progression of a case.

Parties in a Suit (Order 1)

• A civil case begins with two parties: the plaintiff (the party initiating the action) and the defendant (the party against whom the action is taken).

Framing of Suit (Order 2)

• Framing of a suit refers to a party taking legal action against another party in court.

Appearance by Recognized Agent and Pleaders (Order 3)

• Parties often require a leader or advocate to represent them in court and handle the case.

Institution of Suit (Order 4)

• The plaintiff's advocate prepares a plaint (a written statement of the claim) and submits it to the court to institute the suit.

Issue and Service of Summons (Order 5)

• After the suit is filed, the court issues a summons to the defendant, informing them of the case against them.

Pleadings Generally (Order 6)

• Pleadings consist of concise statements of essential facts made by both parties, including the plaint and the written statement (defendant's response).

Pleading (Order 6)

• Order 6 deals with concise drafting of pleadings, focusing on essential elements.
• Includes the plaint (plaintiff's claim) and the written statement (defendant's response).

Written Statement (Order 8)

• The written statement is the defendant's response to the plaint
• It outlines their defense

Appearance of Parties and Consequences of Non-Appearance (Order 9)

• After summons, both parties must appear in court to present their sides.

Examination of Parties by the Court (Order 10)

• The court questions both parties to clarify the allegations made in their pleadings.

Discovery and Inspection (Orders 11, 12, 13)

• These orders deal with further questioning, document requests, and seeking additional information to understand the case in depth.

Framing of Issues (Order 14)

• Issues are questions of fact or law that one party asserts and the other denies.
• The court identifies and frames these issues based on the pleadings and examinations.

Summons and Attendance of Witnesses (Order 16)

• Witnesses must appear in court
• The court sends summons to compel their testimony

Adjournments (Order 17)

• A court moves a hearing to another date if a party or witness can't attend.

Hearing of the Suit and Examination of Witnesses (Order 18)

• This order deals with the hearing process, including witness examination
• It details the process of recording evidence

Affidavits (Order 19)

• Parties can file affidavits to support their claims or evidence presented during the hearing.

Judgment and Decree (Order 20)

• A judgment is the court's reasoning, while a decree defines the rights of the parties based on the judgment.

Execution of Decrees and Orders (Order 21)

• This order deals with implementing the decree, ensuring the court's decision is enforced.