Civil Law
About Civil Law: The Civil Procedure Code consists of two parts. 158
Sections form the first part and the rules and orders contained in Schedule I
form the second part.
Objects Civil Law: The object of the Code generally is to create
jurisdiction while the rules indicate the mode in which the jurisdiction should
be exercised.
The Code
defines important terms that have been used thereunder and deals with different
types of courts and their jurisdiction. Jurisdiction means the authority by
which a Court has to decide matters that are brought before it for adjudication.
Under the Code of Civil Procedure, a
civil court has jurisdiction to try a suit if two conditions are fulfilled:
i.
the
suit must be of a civil nature; and
ii.
the
cognizance of such suit should not have been barred. Jurisdiction of a court
may be off our kinds: jurisdiction over the subject matter; local or
territorial jurisdiction; original and appellate jurisdiction; pecuniary
jurisdiction depending on pecuniary value of the suit.
Doctrine of res judicata: The Code embodies the doctrine of
res judicata that is, bar or restraint on repetition of litigation of the same
issues. It enacts that since a matter is finally decided by a competent court,
no party can be permitted to reopen it in a subsequent litigaton. It is
pragmatic principle accepted and provided in law that there must be a limit or
end to litigation on the same issues. In the absence of such a rule there would
be no end to litigation and the parties would be put to constant trouble,
harassment and expenses.
Temporary Injunction: The grant of a temporary injunction
is a matter of discretion of Courts. Such injunction may be granted if the
Court finds that there is a substantial question to be investigated and that
matter should be preserved in status until final disposal of that question.
Interlocutory Orders: The Code also provides for making
certain interlocutory orders. The court has power to order sale of any moveable
property which is the subject-matter of the suit or attached before judgement
in such suit which is subject to speedy
and natural decay or for any just and sufficient cause desirable to be sold at once.
Suit
ordinarily is a civil action started by presenting a plaint in duplicate to the
Court containing concise statement of the material facts, on which the party
pleading relies for his claim or defence. In every plaint the facts must be
proved by an affidavit.
The main essentials of the suit are:
i.
the
opposing parties;
ii.
the
cause of action;
iii.
the
subject matter of the suit, and
iv.
the
relief(s) claimed.
Every suit
shall be instituted in the Court of the lowest grade to try it. The Code
specifies the categories of suits that shall be instituted in the court within
the local limits of whose jurisdiction the property is situated. This is
subject to the pecuniary or other limitations prescribed by any law. The
various stages in proceedings of a suit have been elaborately laid down under
the Code.