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What are the important sections of CPC ?

 

What are the important sections of CPC ?

The Code of Civil Procedure (CPC) is the primary law that governs the procedure for civil litigation in India. It lays down the rules and procedures to be followed in civil courts and tribunals. The CPC is divided into two parts: the first part deals with the jurisdiction and powers of the civil courts and the second part lays down the rules of procedure to be followed in civil courts. Here are some of the important sections of the CPC:

  1. Order 7 Rule 11: This section deals with the dismissal of a suit for non-payment of court fees. It states that if a plaintiff fails to pay the court fee required on a plaint within the time specified by the court, the suit shall be dismissed, unless the plaintiff shows sufficient cause for the non-payment.

  2. Order 8 Rule 6: This section deals with the procedure to be followed when a defendant admits the facts stated in the plaint. It lays down the procedure for the plaintiff to prove the facts admitted by the defendant.

  3. Order 9 Rule 13: This section deals with the dismissal of a suit for non-appearance of the plaintiff. It states that if the plaintiff fails to appear on the date fixed for hearing, the court may dismiss the suit.

  4. Order 10 Rule 1: This section deals with the procedure for recording the evidence of the parties. It lays down the procedure for recording the evidence of the plaintiff, the defendant, and the witnesses.

  5. Order 13 Rule 1: This section deals with the production of documents, it states that either party to the suit can ask for the production of documents from the other party, that may be necessary for the case.

  6. Order 14 Rule 1: This section deals with the procedure for trying issues of fact. It lays down the procedure for trying issues of fact separately from issues of law.

  7. Order 20 Rule 18: This section deals with the procedure for setting aside a dismissal for default. It lays down the procedure for setting aside a dismissal for default, which is ordered when a party fails to appear in court.

  8. Order 21 Rule 32: This section deals with the execution of a decree, it lays down the procedure for execution of a decree, and the different methods available for execution of a decree.

  9. Order 22 Rule 9: This section deals with death of a party and the procedure to be followed if a party to the suit dies during the pendency of the suit.

  10. Order 23 Rule 1: This section deals with the Compromise, it states that any suit may be compromised by the parties and the court may pass a decree in accordance with the terms of the compromise.

  11. Order 39 Rule 1-3: This section deals with the Injunctions, it lays down the procedure for granting an injunction, which is a court order that prohibits a person from doing something or compels a person to do something.

  12. Order 41 Rule 33: This section deals with the power of the appellate court to reverse or affirm the decision of the lower court. It lays down the power of the appellate court to reverse or affirm the decision of the lower court.

  13. Order 43 Rule 1: This section deals with the powers of the appellate court to grant interim relief. It lays down the powers of the appellate court to grant interim relief to the parties pending the final disposal of the appeal.

These are some of the important sections of the CPC that are frequently referred to in civil litigation. However, it is worth noting that the CPC is a complex legislation and many other sections also plays important role in the litigation process.

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