Skip to content

Civil – CPC Code of Civil Procedure

Divorce Law / Family Court Matters

Hindu Marriage Divorce cases
Muslim Marriage Cases
Domestic violence cases

Child custody cases
Permanent alimony cases

In India, the CPC, or the Code of Civil Procedure, 1908, is a procedural law that outlines the rules and procedures for civil litigation, ensuring a fair and transparent process for resolving civil disputes. 
The Civil Procedure Code (CPC) is an important set of rules in India that guides how civil cases are handled. Originating in 1859, the law has been changed many times. The most recent version, from 1908, is still in effect. The CPC deals with civil cases. It decides where cases are heard, what parties say, and how decisions are enforced. It also covers appeals, orders that happen during a case, and other rules and limits.

The CPC covers many legal situations and can adapt to unexpected scenarios. As a territorial law, it applies throughout India, except in specific regions. The Code includes 158 sections and a schedule with 51 orders. It explains processes and court jurisdiction. 

Key Sections of CPC:

  • Jurisdiction:
    • Section 15: Pecuniary jurisdiction, determining the monetary value that dictates which court hears a case. 
    • Section 16: Pecuniary jurisdiction, another critical aspect of determining the appropriate court for a civil suit, governed by specific pecuniary limits set for different classes of courts. 
    • Section 20: Suits to be instituted where defendants reside or cause of action arises. 
    • Section 21: Objections to jurisdiction, mandating that any challenge to a court’s authority must be raised at the earliest possible opportunity within the first instance proceedings. 
  • Institution of Suits:
    • Section 17: Suits for immovable property situate within jurisdiction of different Courts. 
    • Section 18: Place of institution of suit where local limits of jurisdiction of Courts are uncertain. 
    • Section 19: Suits for compensation for wrongs to person or movables. 
  • Appeals:
    • Section 96: Appeals from original decrees, stating that unless otherwise provided, an appeal shall lie from every original decree to the Court that is empowered to hear such appeals. 
  • Execution of Decrees:
    • Section 38: Defines which court has the authority to execute a decree. 
    • Section 39: Transfer of decree, meaning moving a decree from one court to another for the purpose of execution. 
  • Other Important Sections:
    • Section 27: Details how summons are to be issued, including who can issue them, how they should be delivered, and what information they must contain. 
    • Section 31: Pertains to the issuance of summonses to witnesses, outlining the procedures and rules involved in summoning individuals to give their testimony in court. 
    • Section 34: Relates to interest on the amount of a decree. 
    • Section 47: Deals with the execution of decrees and the issues that may arise during that process.