CPC on Fingertips: 51 Important Orders & Rules Every Law Student Should Know
The Code of Civil Procedure, 1908 (CPC) can look intimidating when you first start studying civil procedure. There are numerous Orders, Rules and Sections, and remembering which provision applies to a particular procedural situation can be difficult.
The easier approach is to connect each provision with the practical problem it solves. Instead of trying to memorise isolated numbers, think in terms of courtroom situations: How are issues framed? How is a party added? What happens when a defendant does not appear? How are documents produced? How is a decree executed? How is an appeal filed?
This CPC quick-reference guide brings together 51 commonly used Orders, Rules and Sections in a simple, practical format. It is useful for LLB students, judicial-service aspirants, advocates, interns and litigants who want a quick revision sheet.
What is the Code of Civil Procedure, 1908?
The CPC is the principal procedural law governing civil proceedings in India. It provides the framework for institution of suits, pleadings, service of summons, appearance of parties, discovery and production of documents, framing of issues, trial, judgments, decrees, execution, appeals, review and several other procedural matters.
A useful way to study CPC is to divide it into stages. Orders 1–8 largely deal with parties and pleadings; subsequent Orders address attendance, discovery, evidence and trial; Order 21 is central to execution; and Orders 41–47 contain important provisions relating to appeals and review.
CPC on Fingertips: 51 Important Provisions
| No. | Provision | Short Explanation |
|---|---|---|
| 1 | Order 14 | Deals with framing of issues. Issues identify the material propositions of fact or law that require determination by the court. |
| 2 | Order 7 | Deals with the plaint, including its particulars, presentation and circumstances in which a plaint may be rejected under Rule 11. |
| 3 | Order 1 Rule 10(2) | Allows the court, subject to the rule, to strike out an improperly joined party or add a necessary or proper party. |
| 4 | Order 1 Rule 10(4) | Provides for amendment of the plaint when a defendant is added, including service of amended pleadings as directed by the court. |
| 5 | Order 5 Rule 20 | Provides for substituted service where the court is satisfied that ordinary service cannot be effected in the circumstances specified by the rule. |
| 6 | Order 6 Rule 17 | Deals with amendment of pleadings. The court may allow amendments necessary for determining the real questions in controversy, subject to the rule and its proviso. |
| 7 | Order 8 Rule 9 | Concerns subsequent pleadings. A further written statement or pleading may be presented with the leave of the court, subject to the rule. |
| 8 | Order 9 Rule 7 | Deals with the procedure where a defendant appears at an adjourned hearing and seeks to participate after proceedings have continued in his absence. |
| 9 | Order 9 Rule 9 | Provides for restoration of a suit dismissed for non-appearance of the plaintiff, subject to the requirements of the provision. |
| 10 | Order 9 Rule 13 | Provides a mechanism for setting aside an ex parte decree when the statutory requirements are satisfied. |
| 11 | Order 11 Rule 14 | Empowers the court to order production of documents in a party's possession or power that relate to a matter in question in the suit. |
| 12 | Order 11 Rule 15 | Deals with inspection of documents referred to in pleadings or affidavits, subject to the applicable procedural requirements. |
| 13 | Order 8 Rule 1A | Concerns production and reliance upon documents by a defendant, subject to the applicable provisions and court directions. |
| 14 | Order 7 Rule 14 | Deals with production of documents on which the plaintiff sues or relies, including documents required to accompany the plaint as provided by the rule. |
| 15 | Order 13 Rule 7 | Provides for return of rejected documents in the circumstances covered by the rule, after the prescribed procedural steps. |
| 16 | Order 13 Rule 9 | Deals with return of admitted documents in appropriate circumstances and subject to the conditions prescribed by the rule. |
| 17 | Order 17 Rule 1 | Deals with adjournments. Courts may grant adjournments subject to the statutory limits and circumstances prescribed by the CPC. |
| 18 | Order 18 Rule 17 | Allows the court to recall and examine a witness already examined, when the court considers it necessary for clarification. |
| 19 | Order 20 Rule 11(2) | Deals with payment of decretal money by instalments after decree, where the statutory conditions and court's power permit it. |
| 20 | Order 21 Rule 26 | Concerns stay of execution by the court executing the decree in the circumstances specified by the rule. |
| 21 | Order 21 Rule 35 | Provides the procedure for delivery of immovable property to the decree-holder in execution. |
| 22 | Order 21 Rule 35(3) | Permits the executing court, where necessary, to direct removal of a person bound by the decree who refuses to vacate, according to the rule. |
| 23 | Order 21 Rule 43 | Deals with attachment of movable property, other than agricultural produce, in execution of a decree. |
| 24 | Order 21 Rule 51 | Provides for attachment of negotiable instruments in execution, subject to the procedure specified by the rule. |
| 25 | Order 21 Rule 46 | Deals with attachment of debts, shares and certain other property not in the possession of the judgment-debtor. |
| 26 | Order 21 Rule 48 | Provides for attachment of salary or allowances payable to a judgment-debtor, subject to statutory limits and exemptions. |
| 27 | Order 21 Rule 54 | Deals with attachment of immovable property belonging to the judgment-debtor. |
| 28 | Order 21 Rule 64 | Concerns sale of attached property. The court may order sale of property to the extent necessary for satisfaction of the decree, subject to law. |
| 29 | Order 21 Rule 69 | Deals with adjournment or stoppage of sale in execution in the circumstances provided by the rule. |
| 30 | Order 21 Rule 31 | Provides the mode of execution of a decree for specific movable property or certain other reliefs covered by the rule. |
| 31 | Order 22 Rule 3 | Deals with continuation of a suit when a sole plaintiff or one of several plaintiffs dies, where the right to sue survives. |
| 32 | Order 22 Rule 4 | Deals with substitution of the legal representative of a deceased defendant where the right to sue survives. |
| 33 | Order 23 Rule 3 | Provides for recording of a lawful compromise or adjustment of a suit in the manner prescribed by the rule. |
| 34 | Order 26 Rule 1 | Deals with examination of witnesses by commission in circumstances where the court considers commission appropriate. |
| 35 | Order 26 Rule 9 | Provides for appointment of a commissioner for local investigation where such investigation is requisite or proper for elucidating a matter in dispute. |
| 36 | Order 26 Rule 11 | Concerns commission to examine and adjust accounts in appropriate cases. |
| 37 | Order 26 Rule 13 | Deals with commission for partition of immovable property after a preliminary decree for partition in appropriate cases. |
| 38 | Order 30 Rule 2 | Provides procedural rules relating to suits by or against firms and persons carrying on business in assumed names, including disclosure requirements in specified circumstances. |
| 39 | Order 32 Rule 3 | Provides for appointment of a guardian for the suit for a minor defendant. |
| 40 | Order 32 Rule 9 | Deals with removal of a guardian for the suit in circumstances specified by the rule. |
| 41 | Order 32 Rule 12 | Deals with the procedure when a minor plaintiff or applicant attains majority. |
| 42 | Order 32 Rule 15 | Extends specified provisions of Order 32 to persons of unsound mind and certain persons unable to protect their interests because of mental infirmity, as provided by the rule. |
| 43 | Order 38 Rule 5 | Deals with attachment before judgment where the statutory requirements are satisfied and the defendant is acting with intent to obstruct or delay execution. |
| 44 | Order 40 Rule 1 | Provides for appointment of a receiver where the court considers it just and convenient, subject to the CPC. |
| 45 | Order 41 Rule 1 | Deals with the form and manner of filing a regular first appeal from an original decree. |
| 46 | Order 41 Rule 5 | Deals with stay of execution of a decree during appeal. Filing an appeal by itself does not automatically operate as a stay. |
| 47 | Order 41 Rule 19 | Provides for readmission of an appeal dismissed for default when the conditions prescribed by the rule are satisfied. |
| 48 | Order 41 Rule 27 | Deals with additional evidence in appeal in the limited circumstances permitted by the CPC. |
| 49 | Order 42 Rule 1 + Section 100 | Governs the procedure relating to second appeals, which are generally maintainable only on a substantial question of law under Section 100. |
| 50 | Order 47 Rule 1 + Section 114 | Provides the framework for review of a judgment or order in the circumstances recognised by the CPC. |
| 51 | Section 152 + Order 16 Rule 6 | Section 152 permits correction of clerical or arithmetical mistakes and accidental slips in appropriate cases. Order 16 Rule 6 concerns summons to a person to produce documents. |
How to Remember the CPC Orders Easily
Memorising CPC provisions becomes easier when you connect them to the sequence of a civil suit.
1. Start with the Parties
Think Order 1 whenever the question concerns parties: who should be plaintiff, who should be defendant, and whether someone needs to be added or removed.
2. Move to the Pleadings
Order 6, Order 7 and Order 8 form an important pleading cluster. Order 6 deals with pleadings generally and their amendment; Order 7 concerns the plaint; Order 8 primarily concerns the written statement and related matters.
3. Think “Documents” Before Trial
Orders concerning discovery, inspection and production of documents are frequently tested in examinations and arise in practice. Always distinguish between production, inspection and admission or return of documents.
4. Order 9 = Appearance and Default
A useful memory association is: Order 9 → non-appearance → ex parte proceedings/restoration. The exact remedy depends on whether you are dealing with an adjourned hearing, dismissal of a suit or an ex parte decree.
5. Order 21 = Execution
This is one of the most important clusters for civil practitioners. Once a decree has been passed, the successful party may still need to execute it. Order 21 contains provisions dealing with different modes of execution, attachment, sale and delivery.
6. Order 26 = Commission
Whenever you see the word “commission”, think Order 26. Witness examination, local investigation, accounts and partition are some important examples.
7. Orders 41–47 = Challenge After Judgment
For quick revision, remember the broad sequence: first appeal → Order 41; second appeal → Order 42; review → Order 47. Sections 100 and 114 should be studied alongside the relevant Orders.
Practical Examples
Example 1: A necessary party was not originally joined
Suppose a property dispute is filed against one defendant, but another person has a direct legal interest in the subject matter. The question may arise whether that person should be brought before the court. Order 1 Rule 10(2) is an important provision to examine, although whether a party is necessary or proper depends on the facts and the relief claimed.
Example 2: Defendant did not appear and an ex parte decree followed
If an ex parte decree has been passed, the appropriate procedural route is different from simply appearing at a later hearing. Order 9 Rule 13 specifically addresses setting aside an ex parte decree, subject to the statutory requirements and limitation law.
Example 3: A decree-holder wants to recover decretal money
Winning a civil suit does not necessarily mean the decree is automatically satisfied. Execution proceedings may become necessary. Depending on the decree and available assets, provisions of Order 21 relating to attachment, sale, delivery or other modes of execution may become relevant.
Example 4: A party wants to amend pleadings
When facts emerge that make an amendment necessary, Order 6 Rule 17 is the provision to examine. However, amendment is not an unrestricted right. The court considers the requirements of the rule, and the proviso becomes particularly important after commencement of trial.
Important CPC Provisions for LLB Students
| Area | Remember | Quick Association |
|---|---|---|
| Parties | Order 1 Rule 10 | Add/delete parties |
| Plaint | Order 7 | Plaint and rejection |
| Pleadings | Order 6 Rule 17 | Amendment |
| Written Statement | Order 8 Rule 9 | Subsequent pleading |
| Default | Order 9 | Non-appearance/ex parte |
| Documents | Orders 7, 8, 11, 13 | Production/inspection/return |
| Execution | Order 21 | Attachment/sale/delivery |
| Death of Party | Order 22 | Legal representatives |
| Compromise | Order 23 Rule 3 | Lawful compromise |
| Commission | Order 26 | Witness/local investigation/accounts |
| Minor Defendant | Order 32 Rule 3 | Guardian for suit |
| Attachment Before Judgment | Order 38 Rule 5 | Pre-decree protection |
| Receiver | Order 40 Rule 1 | Appointment of receiver |
| First Appeal | Order 41 | Appeal from original decree |
| Second Appeal | Order 42 + Section 100 | Substantial question of law |
| Review | Order 47 + Section 114 | Review jurisdiction |
CPC Study Strategy: From Memorisation to Application
A good CPC revision method is to study the provisions in procedural order rather than as a random list. First understand the life cycle of a civil suit. Then attach the relevant Orders to each stage.
For example, ask yourself: Who are the parties? What is the plaint? How is the defendant served? What is the written statement? Are pleadings being amended? What documents are relied upon? What issues arise? How is evidence recorded? What happens after judgment? How is the decree executed? What remedy is available after judgment?
This method is especially useful for viva examinations and problem questions because it trains you to identify the procedural provision from the facts.
Related Legal Resources
For readers studying practical Indian law, you may also find these resources useful:
- Trespass Laws: IPC 447, 448, 452, 454 & BNS Sections
- Road Accident Laws: IPC and BNS Sections
- Matrimonial & Family Litigation: Important Petitions
Authoritative Source
The India Code portal provides access to Central legislation published through the Government of India's legislative information system. The Code of Civil Procedure, 1908 should be checked in its current applicable form before relying on a provision in a live case.
Key Statistics at a Glance
| Particular | Quick Fact |
|---|---|
| Primary legislation discussed | Code of Civil Procedure, 1908 |
| Quick-reference provisions covered | 51 |
| Major procedural areas | Parties, pleadings, documents, trial, execution, appeals and review |
| Important execution cluster | Order 21 |
| Important commission cluster | Order 26 |
| First appeal | Order 41 |
| Second appeal | Order 42 read with Section 100 |
| Review | Order 47 read with Section 114 |
Frequently Asked Questions About CPC Orders and Rules
1. What is the CPC?
The Code of Civil Procedure, 1908 is the principal procedural law governing civil proceedings in India. It provides rules concerning suits, pleadings, trial, execution, appeals and review.
2. Which CPC Order deals with framing of issues?
Order 14 of the CPC deals with framing of issues. Issues identify the material propositions of fact or law that require determination by the court.
3. Which provision is used to add or remove parties?
Order 1 Rule 10(2) is an important provision concerning addition or striking out of parties, subject to the requirements of the CPC and the facts of the case.
4. Which CPC provision deals with amendment of pleadings?
Order 6 Rule 17 deals with amendment of pleadings. The court considers whether the amendment is necessary for determining the real questions in controversy and applies the requirements of the rule.
5. What is Order 9 Rule 13 used for?
Order 9 Rule 13 provides a procedure for seeking to set aside an ex parte decree, subject to the conditions prescribed by the CPC and applicable limitation law.
6. Which CPC Order deals with execution of decrees?
Order 21 contains the principal procedural provisions relating to execution of decrees and orders.
7. Which Order deals with appointment of a commissioner for local investigation?
Order 26 Rule 9 deals with appointment of a commissioner for local investigation where such investigation is requisite or proper for elucidating a matter in dispute.
8. Which provision deals with attachment before judgment?
Order 38 Rule 5 deals with attachment before judgment where the statutory requirements are satisfied.
9. Which CPC provision deals with second appeal?
Order 42 contains the procedural framework for second appeals, while Section 100 CPC governs the substantial-question-of-law requirement for a second appeal.
10. Which CPC provision deals with review?
Order 47 Rule 1 deals with review, read with Section 114 CPC. Review is available only on the grounds and within the limits recognised by law.
Conclusion
The easiest way to master the CPC is not to memorise 51 provisions in one sitting. Build procedural connections. Order 1 for parties, Orders 6–8 for pleadings, Order 9 for default, Order 21 for execution, Order 26 for commissions, Order 41 for first appeals, Order 42 for second appeals and Order 47 for review.
Once these associations become familiar, detailed provisions become much easier to recall. For law students, the next step is to combine this quick-reference list with bare-act reading, important judgments and problem-based questions. For advocates and litigants, the relevant provision should always be checked against the facts, applicable amendments, limitation requirements and the rules of the particular court.
Use this article as a revision tool—not as a substitute for the current bare Act or case-specific legal advice.