Important CPC Terms Explained
Judgment:
According to Section 2(9) of the Code of Civil Procedure, 1908, a judgment is a detailed document containing facts, issues, evidence presented by parties, and the court’s findings. It includes a summary of pleadings, issues, findings, legal reasoning (ratio decidendi), and the court’s final decision.
Decree:
Section 2(2) of the Code of Civil Procedure, 1908 defines a decree as a legal decision based on a judgment. It can be final, preliminary, or a combination of both.
Execution:
Though not explicitly defined, “execution” in the Code of Civil Procedure 1908 refers to carrying out or giving effect to a court order or judgment.
Appeals:
The Code does not provide a specific definition for “appeal.” Black’s Law Dictionary explains it as a complaint to a higher court to correct an injustice or error by a lower court. Sections 96 and 100 of the Code grant the right to file appeals against judgments and decrees.
Review:
The process is outlined in Order XLVII of the Code. Section 114 sets the conditions for applying for a review examining the decree or order being challenged. It includes reasons and procedural regulations for the review.
Revision:
Defined in Section 115 of the Code, revision involves carefully and thoroughly going through a decision. The High Court has revisional jurisdiction to review lower court decisions, ensuring justice and fairness.
Civil Suit:
In proceedings governed by the Civil Procedure Code (CPC), a civil suit initiates the legal process in a civil court. The person starting the suit is the Plaintiff, and the one against whom the action is directed is the Defendant. The formal written claim, called a “plaint,” initiates the action, and the response is termed a “Written Statement.”
Code of Civil Procedure (CPC)
The Code of Civil Procedure 1908 is a law that brings together and changes the rules of civil courts. The Ministry of Law and Justice in the government of India oversees this code. It was made into law on March 21, 1908, when the Imperial Legislative Council canceled the Civil Procedure Code of 1882.
In this article, we will look into the reasons for having this code, how it is set up, its different parts, and any changes made to it over time.
Code of Civil Procedure