UP JUDICIARY Code of Civil Procedure, 1908 Syllabus

UP JUDICIARY Code of Civil Procedure, 1908: topic-wise syllabus

1. 1

   Jurisdiction and Institution of Suits (Sections 6-35)

   • Kinds of Jurisdiction: Subject-Matter (Pecuniary/Value), Territorial, Original/Appellate
   • Place of Suing (Sections 15-20): Defendant's Residence, Cause of Action, Leave of Court
   • Institution of Suit (Section 26, Order IV): Plaint, Filing, Register
   • Cause of Action: Every Fact to Be Proved, Joinder of Causes
   • Res Judicata (Section 11): Conditions, Constructive Res Judicata (Explanation VIII), Exceptions
   • Res Sub Judice (Section 10): Stay of Suit, Same Matter in Previously Instituted Suit
2. 2

   Pleadings and Parties (Order I, Order VI, Order VIII)

   • Pleading (Order VI): Plaint and Written Statement, Rule: Facts Not Law, Material Facts, Concise
   • Amendment of Pleadings (Order VI Rule 17): Before Trial, After Trial Commence, Prejudice
   • Parties to Suit (Order I): Joinder, Misjoinder, Non-Joinder, Necessary vs Proper Party
   • Representative Suits (Order I Rule 8): Common Interest, Notice, Binding Effect
   • Written Statement (Order VIII): Denials, Set-Off (Order VIII Rule 6), Counter-Claim (Order VIII Rule 6A-6G)
3. 3

   Summons, Appearance, and Ex-Parte Decree (Orders V, IX, XVI)

   • Summons to Defendant (Order V): Contents, Modes of Service, Substituted Service
   • Appearance of Parties (Order IX): Consequences of Non-Appearance, Ex-Parte Decree
   • Setting Aside Ex-Parte Decree (Order IX Rule 13): Sufficient Cause, Burden of Proof
   • Summoning and Attendance of Witnesses (Order XVI, XVI-A)
   • Production, Impounding, Return of Documents (Order XIII)
4. 4

   Issues, Trial, and Judgment (Orders XIV, XVIII, XX)

   • Framing of Issues (Order XIV): Material Propositions, Onus of Proof, Cardinal to Case
   • Disposal at First Hearing (Order XV): Admissions, Struck Off
   • Trial (Order XVIII): Date Fixed, Hearing of Suit, Examination of Parties (Order X)
   • Judgment (Order XX): Pronouncement, Contents, Decree (Section 2(2), Order XX Rule 1-8)
   • Interest (Section 34): Pendente Lite, Future Interest
5. 5

   Execution of Decrees (Sections 36-74, Orders XXI, XXXVIII)

   • Court Executing Decree (Section 37-38): Which Court, Transfer for Execution (Section 39-42)
   • Modes of Execution (Section 51): Delivery of Property, Attachment and Sale, Arrest and Detention, Receiver
   • Attachment of Property (Order XXI Rules 41-56): What Can be Attached (Section 60), Exemptions
   • Sale of Property (Order XXI Rules 64-96): Procedure, Proclamation, Setting Aside
   • Arrest and Detention (Section 55-59): Conditions, Privilege from Arrest
   • Stay of Execution (Section 47, Order XXI Rule 26-29)
6. 6

   Commission and Interim Orders (Orders XXVI, XXXIX, XL)

   • Commission (Order XXVI): Examination of Witnesses, Local Investigation, Scientific Investigation, Sale of Movables
   • Temporary Injunctions (Order XXXIX): Prima Facie Case, Balance of Convenience, Irreparable Injury
   • Appointment of Receiver (Order XL): Appointment, Powers, Duties
   • Arrest Before Judgment (Order XXXVIII): Defendant About to Abscond, Conditional Attachment
7. 7

   Appeals, Review, Reference, and Revision (Sections 96-115)

   • Appeal from Original Decree (Section 96, 100A): First Appeal to High Court, Substantial Question of Law
   • Second Appeal (Section 100): Only Substantial Question of Law
   • Appeal from Orders (Section 104, Order XLIII): Appealable Orders Listed
   • Appeals to Supreme Court (Sections 109, 112): Civil Matters of General Importance
   • Reference (Section 113): Doubt as to Law, Power of HC
   • Review (Section 114, Order XLVII): Error Apparent on Face of Record, Discovery of New Evidence
   • Revision (Section 115): High Court's Power, Conditions: Jurisdictional Error, Failure to Exercise, Illegal/Irregular
   • Inherent Powers of Court (Section 151): Courts of Justice, No Injustice, When Parties' Rights Cannot Be Exercised — Abuse of Process
8. 8

   Limitation, Caveat, Costs, and Legal Aid (Sections 35, 148A, Orders XXV, XXXIII)

   • Caveat (Section 148A): Right to Be Heard Before Interim Order
   • Security for Costs (Order XXV), Pauper Suits (Order XXXIII): Indigent Person, Permission to Sue Without Court Fees
   • Costs (Section 35): Discretion of Court, Compensatory Costs (Section 35A), Costs for Causing Delay (Section 35B)
   • Limitation for Suits: Limitation Act 1963, Period for Different Suits, Exclusion of Time