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Friends, the provisions of the CPC (code of civil procedure) related to jurisdiction are aimed at ensuring that the appropriate court hears and decides a case, based on the nature of the dispute and the territorial limits of the court’s authority.
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What is the CPC bare act? (The Code Of Civil Procedure 1908)
What is the CPC bare act?
The CPC or Code of Civil Procedure is a statute that lays down the rules for the conduct of civil suits and proceedings in India.
The bare act of the CPC refers to the statute in its original, un-amended form, without any commentary or interpretation. It contains the text of the legislation as passed by the Indian Parliament, along with any subsequent amendments made to it.
The latest version of the CPC bare act can be found on the official website of the Ministry of Law and Justice, Government of India. It is also available in print and digital formats from various publishers.
The bare act is an essential resource for lawyers, judges, and law students, as it serves as the primary reference for interpreting and applying the provisions of the CPC.
What are some of the key provisions of the CPC?
The CPC contains several key provisions that govern the conduct of civil suits and proceedings in India. Some of the important provisions of the CPC are:
1. Jurisdiction of courts: The CPC provides for the jurisdiction of various courts in India, based on the value and nature of the dispute.
2. Institution of suits: The CPC lays down the procedure for filing a civil suit, including the contents of the plaint, the court fees payable, and the process for issuance and service of summons.
3. Pleadings: The CPC contains provisions for the filing of written statements, counter-claims, and additional pleas by the parties to a suit.
4. Discovery and inspection: The CPC provides for the discovery and inspection of documents and other evidence by the parties to a suit.
5. Interim orders: The CPC empowers the courts to pass interim orders, such as injunctions and attachments, to protect the rights of the parties pending the final disposal of the suit.
6. Evidence: The CPC sets out the rules for the admissibility and examination of evidence, including oral testimony, documents, and expert opinions.
7. Judgment and decree: The CPC lays down the procedure for the pronouncement of judgments and decrees by the courts, and the process for execution and appeal against them.
These are just some of the key provisions of the CPC. The statute is a comprehensive code that covers all aspects of civil litigation in India, and its provisions have been interpreted and applied by the courts in numerous cases over the years.
How the CPC defines jurisdiction?
The CPC defines jurisdiction as the power of a court to hear and decide a case. The jurisdiction of a court is determined by the nature and value of the dispute, as well as the territorial limits of the court’s authority.
The CPC provides for different levels of courts in India, ranging from the district courts at the lowest level to the Supreme Court at the highest level. The jurisdiction of these courts is defined based on the monetary value of the claim or the nature of the dispute.
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