Anoopam Modak Insights on Code Of Civil Procedure

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• Preliminary (Sections 1–8):

  • Short Title, Commencement, and Extent: Defines the short title, commencement date, and territorial extent of the Act.
  • Definitions: Provides definitions for terms used throughout the Act.
  • Subordination of Courts: Outlines the hierarchy and subordination of civil courts.
  • Savings: Specifies exceptions and savings provisions.
  • Application of the Code to Revenue Courts: Clarifies the applicability of the CPC to revenue courts.
  • Pecuniary Jurisdiction: Determines the monetary limits of jurisdiction for various courts.
  • Provincial Small Cause Courts: Addresses the jurisdiction and powers of small cause courts.
  • Presidency Small Cause Courts: Details the jurisdiction and powers of presidency small cause courts.

• Suits in General (Sections 9–35):

  • Courts to Try All Civil Suits Unless Barred: Establishes the general jurisdiction of civil courts.
  • Stay of Suit: Conditions under which a suit may be stayed.
  • Res Judicata: Principle preventing re-litigation of matters already adjudicated.
  • Bar to Further Suit: Provisions regarding the bar on further suits.
  • When Foreign Judgment Not Conclusive: Conditions under which foreign judgments are not conclusive.
  • Presumption as to Foreign Judgments: Presumptions regarding the validity of foreign judgments.
  • Suits Relating to Immovable Property: Procedures for suits concerning immovable property.
  • Suits Relating to Contracts: Procedures for suits arising from contracts.
  • Suits Relating to Tort: Procedures for suits arising from torts.
  • Suits Relating to Trusts and Specific Relief: Procedures for suits concerning trusts and specific relief.
  • Suits Relating to Partnership: Procedures for suits involving partnerships.
  • Suits Relating to Sale of Goods: Procedures for suits concerning the sale of goods.
  • Suits Relating to Negotiable Instruments: Procedures for suits involving negotiable instruments.
  • Suits Relating to Arbitration: Procedures for suits related to arbitration agreements.
  • Suits Relating to Admiralty and Maritime Jurisdiction: Procedures for suits within admiralty and maritime jurisdiction.
  • Suits Relating to Election Petitions: Procedures for suits concerning election disputes.
  • Suits Relating to Family Matters: Procedures for suits involving family matters.
  • Suits Relating to Defamation: Procedures for suits concerning defamation.
  • Suits Relating to Copyright and Patents: Procedures for suits involving intellectual property rights.
  • Suits Relating to Trade Marks: Procedures for suits concerning trade marks.
  • Suits Relating to Design: Procedures for suits involving design rights.
  • Suits Relating to Geographical Indications: Procedures for suits concerning geographical indications.
  • Suits Relating to Plant Varieties: Procedures for suits involving plant variety rights.
  • Suits Relating to Protection of Plant Varieties and Farmers' Rights: Procedures for suits concerning the protection of plant varieties and farmers' rights.
  • Suits Relating to Protection of Traditional Knowledge: Procedures for suits involving the protection of traditional knowledge.
  • Suits Relating to Protection of Biodiversity: Procedures for suits concerning the protection of biodiversity.
  • Suits Relating to Protection of Indigenous Knowledge: Procedures for suits involving the protection of indigenous knowledge.
  • Suits Relating to Protection of Folklore: Procedures for suits concerning the protection of folklore.
  • Suits Relating to Protection of Traditional Cultural Expressions: Procedures for suits involving the protection of traditional cultural expressions.
  • Suits Relating to Protection of Traditional Knowledge and Cultural Expressions: Procedures for suits concerning the protection of traditional knowledge and cultural expressions.
  • Suits Relating to Protection of Traditional Knowledge and Traditional Cultural Expressions: Procedures for suits concerning the protection of traditional knowledge and traditional cultural expressions.
  • Suits Relating to Protection of Traditional Knowledge, Traditional Cultural Expressions, and Genetic Resources: Procedures for suits concerning the protection of traditional knowledge, traditional cultural expressions, and genetic resources.
  • Suits Relating to Protection of Traditional Knowledge, Traditional Cultural Expressions, Genetic Resources, and Associated Traditional Knowledge: Procedures for suits concerning the protection of traditional knowledge, traditional cultural expressions, genetic resources, and associated traditional knowledge.
  • Suits Relating to Protection of Traditional Knowledge, Traditional Cultural Expressions, Genetic Resources, Associated Traditional Knowledge, and Traditional Knowledge Associated with Genetic Resources: Procedures for suits concerning the protection of traditional knowledge, traditional cultural expressions, genetic resources, associated traditional knowledge, and traditional knowledge associated with genetic resources.