Important Applications under CPC, 1908
1. Institution & Appearance
- Order 7 Rule 1 – Plaint (filing of a suit).
- Order 8 Rule 1 – Written Statement by defendant.
- Order 9 Rule 7 – Application to set aside ex-parte proceedings.
- Order 9 Rule 9 – Application to restore suit dismissed for default.
2. Interim Relief / Stay
- Order 39 Rule 1 & 2 – Temporary Injunction (Stay).
- Order 39 Rule 4 – Application to vacate injunction.
- Order 40 Rule 1 – Appointment of Receiver.
- Order 38 Rule 5 – Attachment before Judgment.
3. Ex-Parte & Restoration
- Order 9 Rule 13 – Application to set aside ex-parte decree.
- Order 22 Rule 9 – Application to set aside abatement (if party dies and substitution not made in time).
4. Evidence & Procedure
- Order 11 – Application for discovery & interrogatories.
- Order 12 Rule 6 – Application for judgment on admission.
- Order 13 Rule 1 – Production of documents.
- Order 18 Rule 17 – Recall & cross-examination of witness.
5. Amendment & Correction
- Order 6 Rule 17 – Application for amendment of pleadings.
- Section 152 CPC – Application for correction of clerical/arithmetical mistakes.
- Section 151 CPC – Application under inherent powers of the Court.
6. Execution Proceedings
- Order 21 Rule 97 – Application for removal of obstruction in execution.
- Order 21 Rule 35 – Application for delivery of possession.
- Order 21 Rule 90 – Application to set aside sale in execution.
7. Special Applications
- Section 24 CPC – Application for transfer of suit.
- Section 10 CPC – Application for stay of suit (Res Sub Judice).
- Section 11 CPC – Application regarding Res Judicata objection.
- Section 144 CPC – Application for restitution.
Quick Summary (Categories):
- Institution & appearance – Plaint, WS, restoration.
- Interim relief – Injunctions, receivership, attachment.
- Ex-parte & restoration – Setting aside decrees/abatement.
- Evidence & procedure – Discovery, judgment on admission, witness recall.
- Amendment/correction – Amendment of pleadings, clerical mistakes, inherent powers.
- Execution – Obstruction removal, possession, setting aside sale.
- Special powers – Transfer, stay, res judicata, restitution.
📑 Detailed Table: Applications under CPC, 1908
| Provision (Section/Order) | Type of Application | Purpose / Relief Sought | Stage When Used |
|---|---|---|---|
| Order 7 Rule 1 | Plaint | To institute a civil suit | At the time of filing suit |
| Order 8 Rule 1 | Written Statement | Defence of the defendant | After service of summons |
| Order 9 Rule 7 | Setting aside ex-parte proceedings | Defendant allowed to join proceedings after being absent | During pendency |
| Order 9 Rule 9 | Restoration of dismissed suit | To restore a suit dismissed for default | After dismissal |
| Order 9 Rule 13 | Setting aside ex-parte decree | To reopen proceedings where decree passed ex-parte | After decree |
| Order 22 Rule 9 | Setting aside abatement | If suit abates due to death/non-substitution | Post-abatement |
| Order 6 Rule 17 | Amendment of Pleadings | To amend plaint or WS for clarity/justice | Anytime before trial (later needs court’s permission) |
| Section 152 CPC | Correction of clerical errors | To rectify accidental slip/arithmetical mistakes | At any stage |
| Section 151 CPC | Inherent Powers | For justice where CPC is silent | At any stage |
| Order 38 Rule 5 | Attachment before Judgment | To prevent defendant from disposing property | Before judgment |
| Order 39 Rule 1 & 2 | Temporary Injunction | To restrain party from specific acts | Before or during trial |
| Order 39 Rule 4 | Vacating injunction | To cancel/modify injunction order | After injunction granted |
| Order 40 Rule 1 | Appointment of Receiver | To protect/manage disputed property | During pendency |
| Order 11 Rules 1–12 | Discovery & Interrogatories | To seek disclosure of documents/facts | Pre-trial |
| Order 12 Rule 6 | Judgment on Admission | To obtain decree if defendant admits claim | During pleadings/trial |
| Order 13 Rule 1 | Production of Documents | To submit documentary evidence | Pre-trial/trial |
| Order 18 Rule 17 | Recall & Re-examine Witness | To clarify testimony | During evidence |
| Section 10 CPC | Stay of Suit (Res Sub Judice) | To stop parallel proceedings | At institution/early stage |
| Section 11 CPC | Res Judicata Objection | To prevent re-litigation of same matter | At any stage |
| Section 24 CPC | Transfer of Suit | For convenience/justice | Any stage before disposal |
| Section 144 CPC | Restitution | To restore position after reversal of decree | Post-appeal/revision |
| Order 21 Rule 35 | Delivery of Possession | Execution of decree for immovable property | Execution stage |
| Order 21 Rule 97 | Removal of Obstruction | Against third-party obstruction in execution | Execution stage |
| Order 21 Rule 90 | Setting aside sale | To challenge auction in execution | Execution stage |
Quick Note:
- Trial Stage Applications → Injunctions, Receivers, Evidence, Amendments.
- Post-Decree Applications → Restitution, Execution-related, Set aside ex-parte.
- Inherent Powers (S.151) → Catch-all where CPC is silent.
Add a Comment