Dr. M.K. Chaubey Akansha Singh Supreme Court Digest on The Code Of Civil Procedure

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1. Introduction

• Overview of the Code of Civil Procedure, 1908.
• Importance of case law in interpreting procedural statutes.
• Scope and purpose of the digest.

2. Section-Wise Compilation of Judgments

The digest is typically organized section-wise for easy reference, covering:

• Preliminary (Sections 1–8)

  • Scope and application of the CPC.
  • Definitions and key terms.
  • Jurisdiction of courts under CPC.

• Part I – Suits in General (Sections 9–35B)

  • Jurisdiction of civil courts (Section 9).
  • Stay of suits (Section 10).
  • Res judicata (Section 11).
  • Bar to further suits (Section 12).
  • Place of suing (Sections 15–20).
  • Institution of suits, pleadings, and proceedings.

• Part II – Execution of Decrees and Orders (Sections 36–74)

  • Procedure for execution.
  • Courts competent to execute decrees.
  • Questions to be determined by executing courts.
  • Stay of execution.

• Part III – Incidental Proceedings (Sections 75–78)

  • Commissions and their purpose.

• Part IV – Suits by or Against the Government (Sections 79–82)

• Part V – Special Proceedings (Sections 91–93)

  • Public nuisance and other wrongful acts affecting the public.

• Part VI – Supplemental Provisions (Sections 94–95)

  • Arrest, attachment, and temporary injunctions.

• Part VII – Appeals (Sections 96–112)

  • First appeals, second appeals, and appeals to the Supreme Court.

• Part VIII – Reference, Review, and Revision (Sections 113–115)

• Part IX – Miscellaneous (Sections 116–158)

  • Savings, amendments, and repeals.

3. Order-Wise Compilation of Judgments (First Schedule)

Judgments are also categorized according to the Orders in the CPC, such as:

• Order I: Parties to suits.
• Order II: Framing of suits.
• Order VI: Pleadings.
• Order IX: Appearance and non-appearance of parties.
• Order XXI: Execution of decrees and orders.
• Order XXXIX: Temporary injunctions and interlocutory orders.
• Order XLVII: Review of judgments.

4. Thematic Categories of Judgments

In addition to section-wise and order-wise organization, many digests provide thematic groupings, such as:

• Jurisdiction: Territorial, pecuniary, and subject-matter jurisdiction.
• Res Judicata and Constructive Res Judicata.
• Limitation and Condonation of Delay.
• Interim Reliefs: Injunctions, attachments, and security.
• Execution of Decrees: Principles and challenges.
• Appeals and Revisions: Maintainability, scope, and grounds.
• Public Interest Litigation: Civil procedure nuances.

5. Notable Judgments and Legal Principles

• Summaries of landmark Supreme Court decisions with headnotes.
• Explanation of legal principles established or clarified by the rulings.