Civil Procedure Code & Limitation Act LSF – TABLE

Section/OrderKey PointsPurpose/Description
Parties to Suit (Order I)Jointer of PartiesMultiple plaintiffs or defendants with relevancy can be included in a suit.
Misjoinder of PartyRemoval of irrelevant parties from the case.
Non-Joinder of PartiesAddition of necessary parties upon plaintiff’s request.
Impleading the PartyRelevant parties can join a pending case.
Representation of Legal EntitiesLegal entities must be represented by a designated officer.
Continuation After DeathLegal representatives can continue the suit after a party’s death.
Framing of Suit (Order 2)IdentificationName of the court, suit number, and year.
Details of PartiesInformation about plaintiffs and defendants.
StructureSuit divided into paragraphs with serial numbers.
Material FactsFacts should be arranged sequentially without repetition.
Common PointsJurisdiction, cause of action, court fees, and limitation period.
Relief SoughtClaims or reliefs by the plaintiff.
Signatures and AffidavitSignatures of plaintiff and advocate, and an affidavit.
Institution of Suit (Order 3 & 4)Procedure for Instituting a SuitRegistration and numbering of the suit in the administrative section.
Handling of Urgent MattersInterim orders for urgent cases before administrative processing.
House MotionHearing and orders by a judge outside court hours for urgent matters.
Decree (Section 2(2))DefinitionA formal judgment or order by a court enforcing a legal right.
Parties InvolvedDecree Holder and Judgment Debtor.
ExamplesDecree of divorce, property attachment, restitution of conjugal rights.
Set Off (Order 8)Jurisdiction for Claim & CounterclaimClaims and counterclaims should be under proper jurisdiction.
Amount LimitationCounterclaim should be of lesser amount than the claim.
LawfulnessCounterclaims should be lawful and not vague.
Claim in Written StatementDefendant should mention the remedy of set off in their written statement.
Res Judicata & Res Subjudice (Sections 11 & 12)Final Judgment and Same PartiesA matter once decided cannot be re-litigated in cases involving the same parties.
Same Subject Matter and Cause of ActionPrevents parallel suits on the same matter in different courts.
PurposeTo maintain judicial efficiency and prevent court harassment.
Caveat (Section 148A)Filing of CaveatAllows a person to warn the court not to pass any order without hearing them.
Notice RequirementCourt must notify the caveator before passing any order.
DurationCaveat remains valid for 90 days.
Section/OrderKey PointsPurpose/Description
Injunctions (Order 39)Temporary InjunctionGranted to maintain status quo until final hearing.
Permanent/Perpetual InjunctionGranted after final hearing and forms part of the judgment.
Mandatory InjunctionDirects a party to perform a certain act.
Ex-Parte InjunctionGranted without hearing the other party in urgent matters.
Appeal, Reference, Review & Revision (Sections 96 to 115)AppealReview of lower court’s decision by a higher court.
ReferenceLower court seeks opinion of a higher court on a point of law.
ReviewRe-examination of a case by the same court.
RevisionHigher court’s examination of a lower court’s decision for legality or propriety.
Execution of Decree (Order 21)Filing Execution PetitionDecree holder files a petition for executing the decree.
Attachment and Sale of PropertyCourt may order attachment and sale of debtor’s property.
Arrest and DetentionIn case of non-payment, debtor may be arrested.
Delivery of PropertyIn property decrees, physical delivery is ensured.
Admission (Order 12)Fact AdmissionFacts accepted in plaint or written statement are considered admissions.
Effect of AdmissionAdmitted facts need not be proved in court.
Special Suits (Orders 27, 32)Suit Against GovernmentSpecial provisions for suing the government.
Suit Against MinorProcedures when a minor is involved in a lawsuit.
Section/OrderKey PointsPurpose/Description
Pleading (Order 6, 7, 8)Contents of PlaintDetails required in a plaint filed by the plaintiff.
Rejection of PlaintGrounds on which a plaint can be rejected by the court.
Written StatementDetails required in the written statement by the defendant.
Injunction (Order 39)Kinds of InjunctionsDifferent types of injunctions and their purposes.
Conditions for GrantingCriteria under which injunctions may be granted.
Appeal, Reference, Review, and Revision (Sections 96 to 115)ProvisionsDetails on the appeal process, reference, review, and revision.
Execution of Decree (Order 21)ProcedureSteps involved in the execution of a decree by the court.
Admission (Order 12)Admission of FactsHow facts admitted in pleadings affect the case.
Special Suits (Orders 27, 32)Suit Against GovernmentSpecial provisions for suits against the government.
Suit Against MinorProcedures for suits involving minors.
Cause of Action (Section 2)Definition and ApplicationThe basis for filing a civil case.
Limitation Act 1963ObjectsObjectives of the Limitation Act and grounds for condonation of delay.
Properties Exempt from AttachmentNon-Attachable PropertiesList of properties that cannot be attached in execution.

TermExplanation
Jointer of PartiesIncluding multiple relevant plaintiffs or defendants in a suit.
Misjoinder of PartyRemoval of irrelevant parties from a case.
Non-Joinder of PartiesAdding necessary parties upon the plaintiff’s request.
Impleading the PartyJoining relevant parties in a pending case.
DecreeA formal judgment or order by a court enforcing a legal right.
Set OffAdjustment between claims and counterclaims in a suit.
Res JudicataA principle that prevents re-litigation of a case that has been conclusively settled.
Res SubjudiceProhibits parallel suits on the same matter in different courts.
CaveatA legal notice to a court or public officer to suspend a certain proceeding until the notifier is given a hearing.
PleadingFormal written statements by parties in a lawsuit stating their respective claims and defenses.
InjunctionA judicial order restraining a person from an action or compelling a person to carry out a certain act.
Temporary InjunctionAn injunction granted to maintain the status quo until the final hearing.
Permanent InjunctionGranted after the final hearing, forming part of the judgment.
Mandatory InjunctionDirects a party to perform a certain act.
Ex-Parte InjunctionGranted without hearing the other party in urgent matters.
AcknowledgmentRenewal of the limitation period through mutual consent of parties.
Cause of ActionThe basis for filing a civil case; essential facts and legal reasons for a lawsuit.
Limitation Act 1963Sets time limits for various legal actions and rights to ensure timely litigation.