Code of Civil Procedure (CPC), 1908

The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India.

What is CPC?

The Code of Civil Procedure (CPC) governs the procedure to be followed in civil courts in India. It is a comprehensive set of rules that ensures justice is delivered in a structured and fair manner for civil disputes involving property, money, contracts, and personal rights.

Key Structure of CPC

The Code is divided into two main parts:

• Body of the Code: Contains 158 sections that define the general principles of jurisdiction and authority.
• First Schedule: Contains 51 Orders and Rules which prescribe the detailed procedure and mechanics of litigation.

Jurisdiction of Civil Courts

A civil court cannot try all types of cases. Jurisdiction is determined by:

• Pecuniary Jurisdiction: The monetary value of the suit.
• Territorial Jurisdiction: The geographical area where the property is located or cause of action arose.
• Subject Matter Jurisdiction: Whether the court is authorized to hear that specific type of case (e.g., Family Court, Small Causes Court).

Res Judicata (Section 11)

One of the most important principles in CPC is Res Judicata, which prevents the same parties from litigating the same issue once it has been decided by a competent court. This ensures finality of litigation and prevents harassment of parties.