Here’s a detailed and practical guide on the Types of Applications under Civil Law in India-especially in the context of the Code of Civil Procedure, 1908 (CPC).
What is an Application in Civil Law?
An application is a formal written request submitted to a civil court to obtain a specific legal remedy, procedural direction, or relief during the pendency or after disposal of a civil suit.
Types of Civil Applications under CPC
| Type of Application | Governing Provision (CPC/Other) | Purpose |
| Interlocutory Application (IA) | General (no specific section) | Temporary relief during pendency of suit |
| Application for Temporary Injunction | Order 39 Rule 1 & 2 | Stop a party from acting (e.g., construction, alienation) |
| Application for Appointment of Commissioner | Order 26 | Appoint a court commissioner (e.g., local inspection) |
| Amendment of Pleadings | Order 6 Rule 17 | Modify plaint/written statement |
| Condonation of Delay | Section 5 Limitation Act | Excusing delay in filing suit/appeal |
| Setting Aside Ex-Parte Decree | Order 9 Rule 13 | Cancel ex-parte decree and reopen case |
| Restoration of Suit | Order 9 Rule 9 | Restore dismissed suit for non-appearance |
| Review Petition | Order 47 Rule 1 | Review of judgment/order based on error apparent |
| Recall of Order | Inherent powers (Section 151) | Recall an erroneous or illegal order |
| Execution Application | Order 21 | Enforce a decree (money, possession, etc.) |
| Stay of Execution | Order 21 Rule 26 | Request to put execution proceedings on hold |
| Application under Section 151 CPC | Section 151 (Inherent Powers) | For justice when no express provision is available |
| Commission for Examination of Witnesses | Order 26 Rule 1 | Record witness evidence at another location |
| Production of Additional Documents | Order 7 / Rule 14 | Order VII Rule 14(3) (Plaintiffs)Order VIII Rule 1A(3) (Defendants) |
| Application to Re-open Evidence | Court’s discretion | Re-admit evidence after closure |
| Compromise Petition | Order 23 Rule 3 | Request for compromise decree |
| Security for Costs | Order 25 | Direct plaintiff to deposit security |
| Receiver Appointment | Order 40 | For managing disputed property/assets |
| Application for Leave to Sue as Indigent | Order 33 | File suit without paying court fees |
| Application for Withdrawal of Suit | Order 23 Rule 1 | Withdraw whole or part of a suit |
| Application for Caveat | Section 148A | Request to be heard before any interim relief is granted |
Interlocutory Applications (IA)
These are miscellaneous applications moved during the course of a civil suit and can be filed:
- Before filing of the suit (e.g., temporary injunction)
- During the pendency (e.g., amend pleadings)
- After decree (e.g., execution, review)
Practical Tips
- Always mention correct CPC provisions in the title.
- Support with affidavit if the court requires.
- Serve a copy to the opposite party.
- Attach supporting documents where relevant (medical, financial, maps, etc.).
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