- The Code has two parts: 158 sections setting principles, and Orders and Rules in the First Schedule setting procedure.
- Res judicata under Section 11 stops the same matter being fought twice.
- A decree can generally be executed within twelve years, but a mandatory injunction within three.
- Non-joinder of a necessary party can defeat a suit.
- Commercial disputes follow stricter timelines under the Commercial Courts Act.
On this page
How is the Civil Procedure Code 1908 structured?
| Stage of a case | Where in the Code |
|---|---|
| Which court can hear it | Sections 9 and 15 to 20 |
| Parties to the suit | Order I |
| Plaint and written statement | Orders VI to VIII |
| Temporary injunctions | Order XXXIX |
| Summary suits on debts | Order XXXVII |
| Execution of decrees | Sections 36 to 74 and Order XXI |
| Appeals, review and revision | Sections 96 to 115 |
| Inherent powers | Section 151 |
What is res judicata under Section 11?
Once a court competent to decide a matter has finally decided it between the same parties, the same issue cannot be raised again in a later suit. Section 10 is related: a later suit on the same matter is stayed while an earlier one is pending.
Decree and judgment: what is the difference?
A judgment is the court's statement of the reasons for its decision. A decree is the formal expression of the result that conclusively decides the parties' rights in the suit. Appeals usually lie against decrees, and execution is of decrees.
Execution of decree under CPC
A decree holder applies to the executing court, which can order delivery of property, attachment and sale of the judgment debtor's assets, arrest in limited cases, or other modes. The general time limit is twelve years from the decree under Article 136 of the Limitation Act, but a decree for a mandatory injunction must be executed within three years under Article 135. The Supreme Court has also directed executing courts to require debtors to disclose their assets early. See asset verification.
Joinder of parties
A suit is not dismissed merely because a party was wrongly joined or left out. But under the proviso to Order I Rule 9, if a necessary party, one without whom no effective decree can be passed, is missing and not added, the suit can fail.
Inherent powers under Section 151
Courts can make orders necessary for justice or to prevent abuse of process where the Code says nothing specific. These powers cannot be used to override an express provision.
What to do next
If you are in a civil dispute, the first questions are which court has jurisdiction, who the necessary parties are, and what interim relief you need. See debt recovery and partition suits for common types of civil case.
Founder and Managing Partner, VIVS Legal. BLS, LL.B, LL.M, PGDBM, JAIIB.
