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India · 5th Year · Civil Procedure Code

Decrees, Appeals & Orders

More CPC sections and orders.

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  1. 1.Define decree, judgment and order (CPC s 2).

    Decree s 2(2): formal expression of an adjudication conclusively determining the rights of parties. Judgment s 2(9): the statement of grounds of a decree or order. Order s 2(14): formal expression of any decision that is not a decree.

    CPC 1908, s 2(2), (9), (14)

  2. 2.CPC s 20?

    Suits are instituted where the defendant resides or carries on business, or where the cause of action wholly or partly arises.

    CPC 1908, s 20

  3. 3.CPC s 80?

    Two months' prior notice is required before suing the Government or a public officer for an act in official capacity (urgent relief may be sought with leave).

    CPC 1908, s 80

  4. 4.CPC s 96 vs s 100?

    s 96: first appeal from an original decree (on facts and law). s 100: second appeal to the High Court only on a substantial question of law.

    CPC 1908, ss 96, 100

  5. 5.CPC ss 114 and 115?

    s 114: review by the same court (with Order XLVII). s 115: revision by the High Court of cases decided by subordinate courts where no appeal lies, for jurisdictional errors.

    CPC 1908, ss 114–115

  6. 6.Time for a written statement under Order VIII Rule 1?

    30 days from service of summons, extendable up to 90 days; in commercial suits the 120-day outer limit is mandatory.

    CPC O VIII r 1; Commercial Courts Act 2015

  7. 7.Order XXXVII and Order XXXVIII?

    Order XXXVII: summary suits (e.g. on negotiable instruments), where the defendant needs leave to defend. Order XXXVIII: arrest and attachment before judgment.

    CPC 1908, O XXXVII, O XXXVIII

  8. 8.Patil Automation v Rakheja Engineers (2022) — held?

    Pre-institution mediation under s 12A of the Commercial Courts Act 2015 is mandatory for suits not seeking urgent interim relief.

    (2022) 10 SCC 1

  9. 9.Afcons Infrastructure v Cherian Varkey Construction (2010) — significance?

    Explained the working of s 89 CPC and identified categories of cases not suitable for ADR.

    (2010) 8 SCC 24