The Structure of Code of Civil Procedure

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The Code of Civil Procedure is an act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicatures.

Whereas it is expedient to consolidate and amend the laws relating to the procedure of the Court of Civil Judicatures.

The CPC is divided in two parts: the first contains 158 sections and the second part contains the First Schedule, which has 51 orders and rules. The sections provide us with provisions related to general principles of jurisdiction whereas the orders and rules prescribe procedures and method that govern civil proceedings in India.

The first part which has 158 sections can further be divided into various parts:  

Sections 1-8 deal with the applicability of the CPC in India. It also deals with the definitions of various terms which are used frequently.

Sections 9-35 discusses various issues like the jurisdiction of the court, suits for compensation on wrong done, costs, interests, the stay of suits in certain cases etc.

Sections 36-74 deals with the execution of the decree. The definitions of the court of decree, transfer of the decree, jurisdiction of the decree, powers of the court to enforce decree, arrest and detention and attachment and sale of immovable property etc.

Sections 75-78 deal with the power of the court to issue the commission, commission to the other court and commission issued by foreign courts etc.

Sections 79-88 deal with suits by or against the Government or public officers in their official capacity and also suits against or by foreign convoys etc.

Section 89-93 deals with special proceedings like arbitration, power to state case for opinion of court and the powers of advocate general outside presidency towns.

Sections 94-95 deals with supplemental proceedings.

Sections 96-112 deals with appeals. Appeals from original decrees, appeals from appellate decrees and appeal from orders and appeal to the Supreme Court.

Sections 113-115 deals with reference, review and revisions.

Sections 116-120 deals with special provisions relating to the high courts not being the court of Judicial Commissioner.

Section 121-131 deals with effect of rules in first schedule and the power of the high court to make rules etc.

Sections 132-158 are miscellaneous like exemption of certain women from personal appearance and the other persons who can be exempted, enforcement of liability of surety, general power to amend.

Orders and rules are the ways in which civil proceeding should be governed in India.

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