Civil Procedure Code

Introduction: Section 10 of the Civil Procedure Code, 1908 deals with Stay of Civil Suits. It is also called Res Sub-Judice. “Res” means “matter” and “sub-judice” means “pending” read together it implies “subject matter which is pending in the court of law”. In other words, this rule applies where the matter is already pending before … Read more

Caveat Under Section 148-A After going through this Article, you will get complete information regarding Meaning of Caveat, its object, Nature and Scope, who may lodge Caveat, when it may be lodge and its time limit. Meaning : Caveat means ‘beware‘  It is a caution or warning giving notice to the court not to take … Read more

Basics Of Civil Procedure Code: The Civil Procedure Code was passed in 1908 and which was came into force from 1st January 1909. C.P.C. is in force since 1908. At the time of passing of this act,our constitution was not in existence that’s why C.P.C. is a pre-Constitutional law. C.P.C. and any other laws which … Read more

Meaning  “Restitution means an act of restoring a thing to its proper owner”.  In other words, It means restoring benefits to the party whose benefits by order or decree, other party had received and subsequently such decree has to be found wrong. Restitution is not defined under C.P.C., but its application can be made under … Read more

For understanding what is Interpleader Suit we need to first understand about Interplead.   Interplead means “two parties litigate with each others”. In other words, where two defendants litigating with each other to find out who is the rightful claimant of the thing for which they are pleaded.  Meaning ‘To Interplead means ” to litigate … Read more

INTRODUCTION  “A decree is a final adjudication upon substantive legal rights of the parties”. In other words, decree is a last proceeding of any civil case ,thereafter the case comes to an end and nothing remains pending in that case. It will brings to an end to the suit particularly if it is a final … Read more

Introduction to Deemed Decree “An adjudication of a Court which does not formally falls under the definition of a decree as stated under section 2(2) of Civil Procedure Code 1908, but there is a legal fiction as are deemed to be a decree, therefore called it a deemed decree.”  The term “deemed “ is generally … Read more

 Order    According to clause (14) of  section 2 ” the formal expression of any decision  of   a civil court which is not a decree, is an order”.     ” Thus the adjudication of a court which is not a decree is an order.”  As a general rule, an order of a court of law … Read more