CPC, SRA & TPA
Civil Procedure Code
| SECTIONS / ORDERS | RULE | DESCRIPTION |
| S, 151 | Saving of inherent powers of Court. | |
| O. I | R. 10 | 1. 10 : Suit in name of wrong plaintiff - (2) Court may strike out or add parties |
| O. III | R. 5 | 3. 5 : Service of process on pleader - shall be presumed to be duly communicated |
| O. V | R. 20 | 5. 20 : Substituted service - summons to be served by affixing a copy thereof in some conspicuous place / Advertisement in daily News Paper |
| O. VII | R. 11 | 7. 11 : Rejection of plaint - No cause of Action / Under Valued / Insufficiently stamped / statement barred by any law / If not filed in duplicate / Not filing PF with in 7 days / |
| O. VIII | R. 1 | 8. 1 : Written Statement |
| O. IX | R. 7 | 9. 7 : Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance - Setting aside ex-parte order - on non appearance of Defendant |
| O. IX | R. 13 | 9. 13 : Setting aside decree ex parte against defendant - convince court on non serving of summon |
| O. XI | R. 4 | 11. 4 : Admission and denial of documents - (a) correctness of contents of a document; (b) existence of a document; (c) execution of a document; (d) issuance or receipt of a document; (e) custody of a document. |
| O. XI | R. 5 | 11. 5 : Production of documents. - Any party to a proceeding may seek or the Court may order, at any time during the pendency of any suit, production by any party or person, of such documents in the possession or power of such party or person, relating to any matter in question in such suit. |
| O. XII | R. 6 | 12. 6 : Judgment on admissions - Where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, the Court may at any stage of the suit, either on the application of any party or of its own motion and without waiting for the determination of any other question-between the parties, make such order or give such judgment as it may think fit, having regard to such admissions |
| O. XIV | R. 5 | 14. 5 : Power to amend and strike out, issues.— The Court may at any time before passing a decree amend or strike out the issues or frame additional issues on such terms as it thinks fit |
| O. XVI | R. 1 | 16. 1 : List of witnesses and summons to witnesses. - On or before such date as the Court may appoint, and not later than fifteen days after the date on which the issues are settled, the parties shall present in Court a list of witnesses whom they propose to call either to give evidence or to produce documents and obtain summonses to such persons for their attendance in Court. |
| O. XXI | R. 11, 12, 13 | 21. : Execution - by R. 11. Oral & Written Application, R. 12- attachment of movable property, R. 13 - Attachment of Immovable property |
| O. XXXII | R. 1, 2 & 3 | 37. : SUMMARY SUIT :: R. 1 - Applicable court, (High Courts, City Civil Courts and Courts of Small Causes;) R 2-Institution of summary suits - R.3 Procedure for the appearance of defendant |
| O. XXXIX | R. 1 & 2 | 39. 1&2 : TEMPORARY INJUNCTION :: R.1 Cases in which temporary injunction may be granted , R2. Injunction to restrain repetition or continuance of breach |
| O. XLI | R. 1 & 2 | 41. : Appeals from Original Decrees :: R1. Form of appeal. What to accompany memorandum, R2. Grounds which may be taken in appeal |
| O. XLI | R. 5 | 41. 5 : Stay by Appellate Court :: Stay of proceedings and of execution |
| O. XLIII | R.1 | 43. : Appeals from Orders |
| SECTIONS | DESCRIPTION |
| Sec 31 | CANCELLATION :: When cancellation may be ordered.—(1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled. |
| Sec 34 | DECLARATION :: Discretion of court as to declaration of status or right.—Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief: Provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so. |
| Sec 37 (2) | PERMANENT / PERPETUAL INJUNCTION :: (1) Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they maybe granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of 1908). (2) A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff. |
| Sec 39 | MANDATORY INJUNCTION.—When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts. |
| SECTIONS | DESCRIPTION |
| Sec 52 | Transfer of property pending suit relating thereto (DOCTRINE OF "LIS PENDENCE") :: During the pendency of suit / proceedings the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose |
