Sudhir Sachdeva Law Classes 9999997086

Civil Procedure
Code 1908

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Sudhir Sachdeva Law Classes 9999997086

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QUESTION.1 WHAT DOES CIVIL PROCEDURE CODE 1908 RELATE TO?

(1) CPC 1908 Civil Procedure Code is the general law relating to civil suits.
The Code consists of two divisions.

(2) FIRST DIVISION • The first division, containing 158 Section, is the substantive
law i.e., the law which determines the rights and obligation
of the parties to a dispute.
• The first division, containing substantive law, can be
amended only be the Parliament.

(2) SECOND • The second division, containing 51 Orders, each of which

DIVISION contains several Rules, is the procedural law i.e., the law
which prescribes the procedure for the enforcement of rights
and obligation of the parties to the disputes.
• The second division, containing procedural law, can be
amended only by the High Courts.

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QUESTION.2 WHAT IS THE AIM AND SCOPE OF CPC 1908?

(1) AIM OF CPC It consolidates and amends all the procedures to be followed
by civil courts in civil litigation.

(2) SCOPE OF CPC 1. This code does not affect or super cede any special
law.
2. In case of any confrontation between special law and
CPC, Special Law shall prevail.
3. If on any point special law is silent then code may be
followed but within the periphery of special enactment.

QUESTION.3 WHAT IS JUDGEMENT?

JUDGEMENT • The term judgment has been defined u/s 2 (9) of the
Civil Procedure Code. It means the statement given by
the Judge on the grounds of a Decree or Order.
• Thus a judgment sets out the ground and the reason
for the Judge to have arrived at the decision.

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QUESTION.4 WHAT DO YOU MEAN BY DECREE AND ORDER?

DECREE • The term “Decree‟ has been defined u/s 2(2) of Civil
Procedure Code, 1908.
• It means the formal expression of an adjudication
which conclusively determines the rights of the parties
with regard to all or any of the matter in controversy in
the suit.
• A decree may be either preliminary or final.
• A decree is preliminary when a further procedure has
to be taken before the suit can be completely disposed
of.
• It is final when such adjudication completely disposes
of the suit.

It may be noted that the term “Decree‟ does not

include the following:
• Any adjudication from which an appeal lies as an
appeal from an order.
• Any order or decision of the dismissal of the suit for
default.
ORDER • The term “Order‟ has been defined u/s 2 (14) of the
Civil Procedure Code.
• It means the formal expression of any decision of the
Civil Court which is not a decree.

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