The Code of Civil Procedure (CPC) is an essential legal document that outlines the procedures and processes involved in civil lawsuits in India. The CPC consists of several sections, but some of the most important sections are:
Section 9: This section deals with the jurisdiction of civil courts in India. It states that civil courts have jurisdiction to try all suits of a civil nature, except those that are expressly barred.
Section 11: This section deals with the doctrine of res judicata, which means that a matter that has been decided by a competent court cannot be re-agitated in another court.
Section 20: This section deals with the place of suing. It states that a suit can be instituted in a court within whose jurisdiction the cause of action arose, or where the defendant resides, carries on business or works for gain.
Section 24: This section deals with the transfer of suits. It empowers a court to transfer a suit from one court to another court of equal jurisdiction, if it deems it necessary in the interests of justice.
Section 34: This section deals with the power of the court to grant interest on a decree. It states that the court may grant interest on the principal amount of the decree at such rate as it deems reasonable.
Section 47: This section deals with the execution of decrees. It provides for the procedure for executing a decree, including the attachment and sale of property.
Order 1: This order deals with the parties to a suit. It lays down the rules for adding and removing parties to a suit.
Order 6: This order deals with the pleading in a suit. It requires a plaintiff to state the facts of the case clearly and precisely in the plaint, and the defendant to state his defence in the written statement.
Order 9: This order deals with the appearance of parties and consequences of non-appearance. It provides for the consequences of a party's non-appearance in court and the procedures for setting aside an ex-parte decree.
Order 21: This order deals with the execution of decrees. It lays down the procedure for the attachment and sale of property to satisfy a decree.
These are just a few of the many important sections and orders of the CPC. The Code is a complex and detailed document that governs the conduct of civil litigation in India, and it is essential for lawyers and litigants to be familiar with its provisions.