INDEX - CPC Flashcards
CPC - Section 96
Appeal from original decree
CPC - Section 97
Appeal from final decree where no appeal from preliminary decree
CPC - Section 98
Decision where appeal heard by two or more Judges
CPC - Section 99
No decree to be reversed or modified for error or irregularity not affecting merit or jurisdiction
CPC - Section 100
Second appeal
CPC - Section 100A
No further appeal in certain cases
CPC - Section 101
Second appeal on no other grounds
CPC - Section 102
No second appeal in certain suits
CPC - Section 103
Power of High Court to determine issues of fact
CPC - Section 104
Orders from which appeal lies
CPC - Section 105
Other orders
CPC - Section 106
What Courts to hear appeals
CPC - Section 107
Power of Appellate court
CPC - Section 108
Procedure in appeals from appellate decrees and
CPC - Section 109
When appeal lie to the Supreme Court
CPC - Section 110
Value of subject-matter
CPC - Section 111
Bar of certain appeals
CPC - Section 111A
Appeal to Federal Court
CPC - Section 112
Savings
CPC - Section 113
Reference to High Court
CPC - Section 114
Review
CPC - Section 115
Revision
CPC - ORDER V
ISSUE AND SERVICE OF SUMMONS
CPC - Order 5- Rule 1
Summons
CPC - Order 5- Rule 2
Copy of plaint annexed to summons
CPC - Order 5- Rule 3
Court may order defendant or plaintiff to appeal in person
CPC - Order 5- Rule 4
No part to be ordered to appear in person unless resident within certain limits
CPC - Order 5- Rule 5
Summons to be either to settle issues or for final disposal
CPC - Order 5- Rule 6
Fixing day for appearance of defendant
CPC - Order 5- Rule 7
Summons to order defendant to produce documents relied on by him
CPC - Order 5- Rule 8
On issue of summons for final disposal, defendant to be directed to produce his witnesses
CPC - Order 5- Rule 9
Deliver of summons by Court
CPC - Order 5- Rule 9-A
Summons given to the plaintiff for service
CPC - Order 5- Rule 10
Mode of service
CPC - Order 5- Rule 11
Service on several defendants
CPC - Order 5- Rule 12
Service to be on defendant in person when practicable, or on his agent
CPC - Order 5- Rule 13
Service on agent by whom defendant carries on business
CPC - Order 5- Rule 14
Service on agent in charge in suits for immovable property
CPC - Order 5- Rule 15
Where service may be on an adult ember of defendant’s family
CPC - Order 5- Rule 16
Person served to sign acknowledgment
CPC - Order 5- Rule 17
Procedure when defendant refused to accept service, or can not be found
CPC - Order 5- Rule 18
Endorsement of time and manner of service
CPC - Order 5- Rule 19
Examination of serving officer
CPC - Order 5- Rule 19 A
[Omitted by Amendment Act, 1999]
CPC - Order 5- Rule 20
Substituted service, Effect of substituted service, Where service is substituted, time for appearance to be fixed
CPC - Order 5- Rule 20 A
[Repealed]
CPC - Order 5- Rule 21
Service of summons where defendant resides within jurisdiction of another court
CPC - Order 5- Rule 22
Service, within Presidency -towns, of summons issued by Courts outside
CPC - Order 5- Rule 23
Duty of Court to which summons is sent
CPC - Order 5- Rule 24
Service on defendant in prison
CPC - Order 5- Rule 25
Service where defendant resides out of India and has no agent
CPC - Order 5- Rule 26
Service in foreign territory through Political Agent or Court
CPC - Order 5- Rule 26 A
Summonses to be sent to officers of foreign countries
CPC - Order 5- Rule 27
Service on civil public officers or on servant of railway company or local authority
CPC - Order 5- Rule 28
Service on soldiers, sailors or airmen
CPC - Order 5- Rule 29
Duty of person to whom summons is delivered or sent for service
CPC - Order 5- Rule 30
Substitution of letter of summons
CPC - Order 22- Rule 1
No abatement by party’s death if right to sue survives
CPC - Order 22- Rule 2
Procedure where one of several plaintiffs or defendants dies and right to sue survives
CPC - Order 22- Rule 4
Procedure in case of death of one of several defendants or of sole defendants or of sole defendant
CPC - Order 22- Rule 5
Determination of question as to legal representative
CPC - Order 22- Rule 3
Procedure in case of death of one of several plaintiffs or of sole plaintiff
CPC - Order 22- Rule 6
No abatement by reason of death after hearing
CPC - Order 22- Rule 4 A
Procedure when there is no legal representative
CPC - Order 22- Rule 7
Suit not abated by marriage of female party
CPC - Order 22- Rule 8
When plaintiff’s insolvency bars suit, Procedure where assignee fails to continue suit, or give security
CPC - Order 22- Rule 10 A
Duty of pleader to communicate to Court death of a party
CPC - Order 22- Rule 10
Procedure in case of assignment before final order in suit
CPC - Order 22- Rule 9
Effect of abatement of dismissal
CPC - Order 22- Rule 11
Application of Order to appeals
CPC - Order 22- Rule 12
Application of Order to proceedings
CPC - ORDER XXII
DEATH, MARRIAGE AND INSOLVENCY OF PARTIES
CPC - ORDER XXXII
SUITS BY OR AGAINST MINORS AND PERSON OF UNSOUND MIND
CPC - Order 32- Rule 1
Minor to sue by next friend
CPC - Order 32- Rule 2
Where suit is instituted without next friend, plaint to be taken off the file
CPC - Order 32- Rule 2 A
Security to be furnished by next friend when so ordered
CPC - Order 32- Rule 3
Guardian for the suit to be appointed by Court for minor defendant
CPC - Order 32- Rule 3 A
Decree against minor not to be set aside unless prejudice has been causes to his interest
CPC - Order 32- Rule 4
Who may act as next friend or be appointed guardian for the suit
CPC - Order 32- Rule 5
Representation of minor by next friend or guardian for the suit
CPC - Order 32- Rule 6
Receipt by next friend or guardian for the suit of property under decree for minor
CPC - Order 32- Rule 7
Agreement or compromise by next friend or guardian for the suit
CPC - Order 32- Rule 8
Retirement of next friend
CPC - Order 32- Rule 9
Removal of next friend
CPC - Order 32- Rule 10
Stay of proceedings on removal, etc. of next friend
CPC - Order 32- Rule 11
Retirement, removal or death of guardian for the suit
CPC - Order 32- Rule 12
Course to be followed by minor plaintiff or applicant on attaining majority
CPC - Order 32- Rule 13
Where minor co-plaintiff attaining majority desires to repudiate suit
CPC - Order 32- Rule 14
Unreasonable or improper suit
CPC - Order 32- Rule 15
Rules 1 to 4 (except rule 2-A) to apply to persons of unsound mind
CPC - Order 32- Rule 16
Savings
CPC - ORDER XLIV
APPEALS BY INDIGENT PERSON
CPC - Order 44- Rule 1
Who may appeal as an indigent person
CPC - Order 44- Rule 2
Grant of time for payment of Court-fee
CPC - Order 44- Rule 3
Inquiry as to whether applicant is an indigent person
CPC - ORDER XLI
APPEALS FROM ORIGINAL DECREES
CPC - Order 41- Rule 1
Form of appeal -What to accompany memorandum, Contents of memorandum
CPC - Order 41- Rule 2
Ground which may be taken in appeal
CPC - Order 41- Rule 3
Rejection or amendment of memorandum
CPC - Order 41- Rule 3 A
Application for condonation of delay
CPC - Order 41- Rule 4
One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all
CPC - Order 41- Rule 5
Stay by Appellate Court, Stay by Court which passed the decree
CPC - Order 41- Rule 6
Security in case of order for execution of decree appealed from
CPC - Order 41- Rule 7
[Repealed]
CPC - Order 41- Rule 8
Exercise of powers in appeal from order made in execution of decree
CPC - Order 41- Rule 9
Registry of memorandum of appeal
CPC - Order 41- Rule 10
Appellate Court may require appellant to furnish security for costs, Where appellant resides out of India
CPC - Order 41- Rule 11
Power to dismiss appeal without sending notice to lower Court
CPC - Order 41- Rule 11 A
Time within which hearing under rule 11 should be concluded
CPC - Order 41- Rule 13
[Repealed]
CPC - Order 41- Rule 12
Day for hearing appeal
CPC - Order 41- Rule 14
Publication and service of notice of day for hearing appeal, Appellate Court may itself cause notice to be served
CPC - Order 41- Rule 15
[Repealed]
CPC - Order 41- Rule 16
Right to begin
CPC - Order 41- Rule 17
Dismissal of appeal for appellant’s default, Hearing appeal ex parte
CPC - Order 41- Rule 18
[Omitted by the Amendment Act, 1999]
CPC - Order 41- Rule 19
Re-admission of appeal dismissed for default
CPC - Order 41- Rule 20
Power to adjourn hearing and direct persons appearing interested to be made respondents
CPC - Order 41- Rule 21
Re-hearing on application of respondent against whom ex parte decree made
CPC - Order 41- Rule 22
Upon hearing respondent may object to decree as if he had preferred separate appeal, Form of objection and provisions applicable thereto
CPC - Order 41- Rule 23
Remand of case by Appellate Court
CPC - Order 41- Rule 23 A
Remand in other cases
CPC - Order 41- Rule 24
Where evidence on record sufficient, Appellate Court may determine case finally
CPC - Order 41- Rule 25
Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from
CPC - Order 41- Rule 26
Findings and evidence to be put on record -Objection to finding, Determination of appeal
CPC - Order 41- Rule 26 A
Order of remand to mention date of next hearing
CPC - Order 41- Rule 28
Mode of taking additional evidence
CPC - Order 41- Rule 27
Production of additional evidence in Appellate Court
CPC - Order 41- Rule 29
Points to be defined and recorded
CPC - Order 41- Rule 30
Judgment when and where pronounced
CPC - Order 41- Rule 31
Contents, date and signature of judgment
CPC - Order 41- Rule 32
What judgment may direct
CPC - Order 41- Rule 33
Power of Court of appeal
CPC - Order 41- Rule 34
Dissent to be recorded
CPC - Order 41- Rule 35
Date and contents of decree, Judge dissenting from judgment need to sign decree
CPC - Order 41- Rule 36
Copies of judgment and decree to be furnished to parties
CPC - Order 41- Rule 37
Certified copy of decree to be sent to Court whose decree appealed from