Mastering Civil Litigation: All About Applications Under CPC

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Here is a detailed list of various provisions under the Code of Civil Procedure, 1908, where applications can be made to the court:

1. Applications Under Preliminary Part

  • Section 5: Application of the Code to Revenue Courts. Applications can be made to apply certain provisions to revenue courts.

2. Applications Related to Suits in General

  • Section 10: Stay of Suit - Application can be made to stay the proceedings if another suit is pending.
  • Section 24: General Power of Transfer and Withdrawal - Application for transferring a suit from one court to another.
  • Order II, Rule 2: Application for joining multiple claims in one suit or for relinquishing part of a claim.
  • Order VI, Rule 17: Application for amendment of pleadings.

3. Institution of Suits

  • Order IV, Rule 1: Suit must be commenced by submitting a plaint. An application can be made for this purpose.
  • Order VII, Rule 10A: Application for the fixing of a date of appearance after the return of a plaint.

4. Appearance of Parties

  • Order IX, Rule 7: Application for setting aside the dismissal of a suit for non-appearance.
  • Order IX, Rule 13: Application for setting aside an ex parte decree against a defendant.

5. Written Statement, Set-off, and Counter-claim

  • Order VIII, Rule 9: Application for presenting a subsequent pleading after the written statement, with the permission of the court.

6. Interim Relief and Temporary Injunctions

  • Order XXXIX, Rule 1 & 2: Application for temporary injunction or for an injunction to prevent breach.
  • Order XXXVIII, Rule 5: Application for attachment before judgment to secure the property of the defendant.

7. Execution of Decrees and Orders

  • Order XXI, Rule 10: Application for the execution of a decree by the decree-holder.
  • Order XXI, Rule 22: Application for issuance of a notice to the judgment debtor for execution of the decree after a lapse of two years.

8. Arrest and Detention

  • Order XXI, Rule 37: Application for issuance of a notice to the judgment-debtor to show cause why he should not be committed to jail in execution of a decree.

9. Attachment and Sale of Property

  • Order XXI, Rule 54: Application for attachment of immovable property before the execution of a decree.
  • Order XXI, Rule 66: Application for proclamation of sale of attached property.

10. Commission Applications

  • Order XXVI, Rule 1: Application for issuance of a commission to examine witnesses.
  • Order XXVI, Rule 9: Application for the appointment of a commissioner for local investigation.

11. Appointment of Receivers

  • Order XL, Rule 1: Application for appointment of a receiver in respect of a property during the pendency of a suit.

12. Withdrawal and Adjustment of Suits

  • Order XXIII, Rule 1: Application for withdrawal of a suit or abandonment of a part of a claim.
  • Order XXIII, Rule 3: Application for compromise or adjustment of a suit.

13. Reference, Review, and Revision

  • Order XLVII, Rule 1: Application for review of judgment can be made if there is an error apparent on the face of the record.
  • Section 113: Reference to High Court - Application to refer a question of law to the High Court.

14. Substitution of Parties

  • Order XXII, Rule 3 & 4: Application for substitution of legal representatives in case of death of a plaintiff or defendant during the pendency of the suit.

15. Restitution

  • Section 144: Application for restitution - when a decree is varied or reversed, a party can apply for restitution of the benefits received under the earlier decree.

16. Inherent Powers of the Court

  • Section 151: Application invoking the inherent powers of the court to meet the ends of justice or to prevent abuse of the process of the court.

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