Indian Legal System > Civil Laws > The Code of Civil Procedure > Scheme of the Code of Civil Procedure
In this article, we shall study the scheme of the Code of Civil Procedure and the Code at glance.
Scheme of the Code:
The Code can be divided into two parts and they are –
- The Body of the Code, having Preliminary and 11 parts containing 158 sections
- The First Schedule, containing 51 Orders and Rules
The Body of the Code lays down general principles of jurisdiction relating to Power of the court. The body of the Code containing Sections is fundamental and cannot be amended except by the legislature.
The First Schedule which is the only schedule to the code now has 51 orders provides for the procedures, methods, manners, and modes in which the jurisdiction of the court may be exercised. In fact, there were five schedules when this code was enacted. Later the Schedules II, III, IV, and V were repealed by the subsequent amendments of the code.
There are eight appendices giving model formats (Forms), such as –
- Pleadings (Plaint and Written Statement formats)
- Process formats
- Discovery, Inspection, and Admission
- Decrees
- Execution
- Supplemental Proceedings
- Appeal, Reference, and Reviews
- Miscellaneous
The various High Courts are empowered to alter or add any rules in the schedules under Section 122 to 127, 129, 130, and 131 and such new rules should not be inconsistent with the provisions of the body of the code.
The Provisions of the Body of the code can be amended only by the legislature and the Courts can not alter or amend the body of the code.
Code at a Glance
The Body of the Code (substantive part) has preliminary plus 11 parts containing 158 sections. The first schedule comprises 51 Orders and Rules providing procedure.
Sections 1-8 are preliminary in nature. Section 1 provides for commencement and applicability of the Code. Section 2 is a definition clause and a sort of statutory dictionary. Sections 3 to 8 deal with the constitution of different types of courts and their jurisdictions.
Part – I include Sections 9 to 35-B and Orders 1 to 20 of the (First) Schedule deal with suits. Section 9 enacts that a civil court has jurisdiction to try all suits of civil nature unless they are barred expressly or impliedly. Section 10 provides for stay of suit (res sub judicata). Section 11 deals with the well-known doctrine of res judicata. Section 12 deals with bar to further suit. Sections 13 and 14 relate to foreign judgments.
Sections 15 to 21-A regulate the place of suing. They lay down rules as to jurisdiction of courts and objections as to jurisdiction. Sections 22 to 25 make provisions for transfer and withdrawal of suits, appeals, and other proceedings from one court to another.
Orders 1 to 4 deal with institution and frame of suits, parties to suit and recognized agents, and the pleaders. Order 5 contains provisions as to issue, and service of summons. Order 6 deals with pleadings. Orders 7 and 8 relate to plaints, written statements, set-offs, and counter-claims. Order 9 requires parties to the suit to appear before the court and enumerates consequences of non-appearance. It also provides the remedy for setting aside an order of dismissal of the suit of a plaintiff and of setting aside an ex parte decree against a defendant.
Order 10 enjoins the court to examine parties with a view to ascertaining matters in controversy in the suit. Orders 11 to 13 deal with discovery, inspection, and production of documents and also admissions by parties. Order 14 requires the court to frame issues. Order 15 enables the court to pronounce judgment at the “first hearing” in certain cases.
Orders 16 to 18 contain provisions for summoning, attendance and examination of witnesses, and adjournments. Order 19 empowers the court to make an order or to prove facts on the basis of an affidavit of a party.
Sections 75 to 78 (Part III) and Order 26 make provisions as to the issue of Commissions. Sections 94 and 95 (Part VI) and Order 38 provides for the arrest of a defendant and attachment before judgment. Order 39 lays down the procedure for issuing a temporary injunction and passing interlocutory orders. Order 40 deals with the appointment of receivers. Order 25 provides for security for costs. Order 23 deals with withdrawal and compromise of suits. Order 22 declares the effect of death, marriage, or insolvency of a party to the suit.
After the hearing is over, the court pronounces a judgment. Section 33 Order 20 deals with judgments and decrees. Section 34 makes provisions for interest. Sections 35, 35-A, 35-B, and Order 20-A deal with costs.
Parts IV and V (Sections 79-93) and Orders 27 to 37 lay down the procedure for suits in special cases, such as suits by or against Government or public officers (Section 79 to 82 and Order 27); suits by or against aliens, foreign rulers, ambassadors and envoys (Sections 83 to 87-B) suits by or against soldiers, sailors, and airmen (Order 28); suits by or against corporations (Order 29); suits by or against partnership firms (Order 30); suits by or against trustees, executors, and administrators (Order 31); suits by or against minors, lunatics and persons of unsound mind (Order 32); suits relating to family matters (Order 32-A); suits by indigent persons (paupers) (Order. 33); suits relating to mortgages (Order 34); interpleader suits (Section 88 and Order 35); friendly suits (Section 90 and Order 36); summary suits (Order 37); suits relating to public nuisances (Section 91) suits relating to public trusts (Section 92). Section 89 as inserted from 1 July 2002 provides for settlement of disputes outside the court through arbitration, conciliation, mediation, and Lok Adalats.
Parts VII and VIII (Sections 96 to 115) and Orders 41 to 47 contain detailed provisions for Appeals, Reference, Review, and Revision. Sections 96 to 99-A and Order 41 deal with First Appeals. Sections 100 to 103 and Order 42 discuss law relating to Second Appeals. Sections 104 to 108 and Order 43 contain provisions as to Appeals from Orders. Sections 109, 112, and Order 45 provide for Appeals to the Supreme Court. Order 44 enacts special law concerning Appeals by indigent persons (paupers). Section 113 and Order 46 pertain to References to be made to a High Court by a subordinate court when a question of the constitutional validity of an Act arises. Section 114 and Order 47 permit a review of judgments in certain circumstances. Section 115 confers revisional jurisdiction on High Courts over subordinate courts.
Part II (Sections 36 to 74) and Order 21 cover execution proceedings. The principles governing the execution of decrees and orders are dealt with in Sections 36 to 74 (substantive law) and Order 21 (procedural law). Order 21 is the longest Order covering 106 Rules.
Part X (Sections 121 to 131) enables High Courts to frame rules regulating their own procedure and the procedure of civil courts subject to their superintendence.
Part XI (Sections 132 to 158) relates to miscellaneous proceedings. Explanation to Section 141 as added by the Amendment Act of 1976 clarifies that the expression “Proceedings” would not include proceedings under Article 226 of the Constitution. Section 144 embodies the doctrine of restitution and deals with the power of the court to grant relief of restitution in case a decree is set aside or modified by a superior court.
Section 148-A as inserted by the Code of Civil Procedure (Amendment) Act, 1976 is an important provision which permits a person to lodge a caveat in a suit or proceeding instituted or about to be instituted against him. It is the duty of the court to issue notice and afford an opportunity of hearing to a caveator to appear and oppose interim relief sought by an applicant.
Sections 148 to 153-A confer inherent powers in every civil court. Section 148 enables a court to enlarge time fixed or granted by it for doing any act. Section 149 authorizes a court to permit a party to make up the deficiency of court fees on plaint, memorandum of appeal, etc. Section 151 is a salutary provision. It saves inherent powers in every court to secure the ends of justice and also to prevent the abuse of the process of the court. Sections 152 to 153-A empower a court to amend judgments, decrees, orders, and other records arising from accidental slip or omission.
Section 153-B was added by the Amendment Act of 1976 and it expressly declares that the place of trial shall be open to the public. The proviso, however, empowers the Presiding Judge, if he thinks fit, to order that the general public or any particular person shall not have access to the court.
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