The Civil Procedure Code (CPC), 1908, is a cornerstone of procedural law in India and Pakistan, providing the framework for the administration of civil justice. Within the CPC, Orders are systematic rules that detail the procedures for various stages of a civil suit, supplementing the general provisions of the Act.
These Orders are included in the First Schedule of the CPC and are essential for understanding practical aspects such as filing a suit, serving summons, framing issues, and executing decrees.
For LAW GAT preparation, mastering the Orders of the CPC is crucial. Each Order addresses a specific area of civil procedure, including:
Order I – Parties to Suits
This Order focuses on who can be joined as plaintiffs or defendants in a suit, the rules for their inclusion or exclusion, and handling misjoinder or non-joinder of parties.
Order VI – Pleadings
It governs how pleadings should be drafted, ensuring clarity, precision, and inclusion of only material facts relevant to the case.
Order VII – Plaint
This Order specifies the structure and content of a plaint, detailing the requirements to commence a suit properly.
Order VIII – Written Statement, Set-off, and Counterclaim
It lays down the procedure for the defendant to respond to a plaint, allowing claims of set-off or counterclaims to be raised against the plaintiff.
Order IX – Appearance of Parties and Consequences of Non-appearance
This Order deals with the appearance or non-appearance of parties in court, addressing issues like dismissal of suits, restoration, and ex parte proceedings.
Order XXXIX – Temporary Injunctions and Interlocutory Orders
It provides for granting temporary injunctions and other interim relief to maintain the status quo or prevent harm until the final adjudication of the case.
Order XLI – Appeals from Original Decrees
This Order outlines the procedure for appealing decrees from subordinate courts, specifying timelines, grounds of appeal, and the appellate court’s powers.
Order XLIII – Appeals from Orders
It deals with the procedure for filing appeals against specific interlocutory orders passed under various provisions of the CPC, such as orders under Rule 1 of Order XXXIX (temporary injunctions) or Rule 4 of Order IX (setting aside ex parte decrees).