In the Code of Civil Procedure, 1908 (CPC), which governs the procedure for civil litigation in India, there are several important Orders and Rules that form the backbone of civil trials. Here’s a concise list of important Orders and Rules in CPC along with their relevance:
✅ Important Orders in CPC
| Order | Title | Purpose/Importance |
|---|---|---|
| Order I | Parties to Suits | Deals with joinder, misjoinder, and non-joinder of parties. |
| Order II | Frame of Suit | Mandates inclusion of all claims to avoid multiple suits. |
| Order V | Issue and Service of Summons | Provides for the process of serving summons to defendants. |
| Order VI | Pleadings Generally | Governs how pleadings (plaint and written statement) are framed. |
| Order VII | Plaint | Lists what a plaint must contain and when it can be rejected. |
| Order VIII | Written Statement, Set-off and Counterclaim | Provides rules regarding the defendant’s reply and counterclaims. |
| Order IX | Appearance of Parties and Consequences of Non-Appearance | Deals with ex parte proceedings and dismissal for default. |
| Order X | Examination of Parties | Allows court to examine parties to clarify issues. |
| Order XI | Discovery and Inspection | Pertains to interrogatories, discovery, and document inspection. |
| Order XII | Admissions | Deals with admission of facts and documents. |
| Order XIII | Production, Impounding and Return of Documents | Governs management of documents during a suit. |
| Order XIV | Settlement of Issues | Focuses on framing and determination of issues for trial. |
| Order XV | Disposal of the Suit at First Hearing | Permits court to decide cases without full trial in clear cases. |
| Order XVI | Summoning and Attendance of Witnesses | Deals with the procedure to summon witnesses. |
| Order XVIII | Hearing of the Suit and Examination of Witnesses | Covers trial procedure including examination-in-chief, cross, and re-examination. |
| Order XX | Judgment and Decree | Explains how judgment is pronounced and decrees drawn. |
| Order XXI | Execution of Decrees and Orders | Key order for executing civil court decisions. |
| Order XXII | Death, Marriage and Insolvency of Parties | Explains substitution of parties after death etc. |
| Order XXIII | Withdrawal and Adjustment of Suits | Deals with withdrawal or compromise of suits. |
| Order XXXIX | Temporary Injunctions and Interlocutory Orders | Crucial for interim reliefs during the pendency of a suit. |
| Order XLI | Appeals from Original Decrees | Governs first appeals from trial court decisions. |
📌 Notable Rules (Select Examples)
Each Order has multiple rules, but here are a few important Rules often relied upon:
- Order VII Rule 11 – Rejection of plaint (for lack of cause of action, undervaluation, etc.).
- Order VIII Rule 1 – Timeline for filing a written statement.
- Order IX Rule 6 & Rule 13 – Ex parte decree and setting it aside.
- Order XX Rule 6 & 6A – Contents and format of the decree.
- Order XXI Rule 32 – Enforcement of decree for specific performance or injunction.
- Order XXXIX Rules 1 & 2 – Grant of temporary injunction.
🏛️ Other Related Sections in CPC:
- Section 9 – Jurisdiction of civil courts.
- Section 10 – Stay of suit (res sub judice).
- Section 11 – Res judicata.
- Section 80 – Notice before suing the government.
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