The Code of Civil Procedure, 1908, governs the practices and procedures to be followed in the Civil Courts. The primary goal of this civil procedure code is to consolidate and amend the laws governing the procedure and practices used in Indian civil courts. The Civil Procedure Code governs all actions in civil courts and the parties involved until the decree and order are carried out.

The Code is made up of 158 sections that make up the substantive part of the Code and 51 orders that make up the procedural part of the Code. The Civil Procedure Code was enacted in 1908 and went into effect on January 1, 1909.

What is the Code of Civil Procedure?
A Code, as defined in Section 2 (1) of the Code of Civil Procedure, 1908, is a set of rules that govern the movement of a case in court.
The Code of Civil Procedure, 1908, which is a procedural law by nature, governs civil proceedings in Indian territory and is thus recognized as a Code.
The sections under the Code of Civil Procedure address general principles of jurisdiction, whereas the orders and rules outline the procedure and method for governing civil proceedings in India.

Code of Civil Procedure - Historical Background
There were Crown Courts in Presidency towns and Provincial Courts in Mofussil prior to 1859.
The courts in Mofussil areas were governed by various civil procedure systems based on various rules and regulations that were frequently changed to meet changing needs and circumstances.
To provide uniformity in regulating civil procedure in India, the Legislative Council of India enacted the first code of civil procedure in 1859, which received the Governor-General's assent on March 23, 1859.
However, the code was ineffective because it did not apply to the Supreme Courts (Crown Courts under the Royal Charter) and the Sardar Diwani Adalats (Principal Courts under the Judicial Plan by the Governor-General).
Following that, in 1861, the Indian High Courts Act and the Supreme Court Act were passed, establishing High Courts in Mumbai, Chennai, and Kolkata.
The Sardar Diwani Adalats were abolished.
The Code of Civil Procedure of 1859 was also made applicable to the High Courts; however, due to the code's irregularities, it was replaced by the Code of Civil Procedure of 1877.
The Code of Civil Procedure of 1877 was amended again in 1878 and 1879.
Later, the Code of Civil Procedure of 1877 was replaced by the Code of Civil Procedure of 1882, which also failed to overcome the shortcomings of its predecessors.
Finally, the current Code of Civil Procedure of 1908 was passed after removing all of the flaws of the previously enacted codes.

Definitions (Sec. 2)
Decree, Judgement, Order
Decree
The term decree is defined in Section 2(2) of Code of Civil Procedure, 1908. A decree always follows judgement and is based upon a judgement. It is divided into five types unlike judgement which is final in itself. A decree may be final or preliminary. It is a formal declaration or adjudication and is conclusive in nature.

Judgement
The term Judgement is defined in Section 2(9) of the Code of Civil Procedure, 1908. A judgement contains facts of the case, the issues involved, the evidence brought by the parties, finding on issues (based on evidence and arguments). 

Contents of the judgement
According to Rule 4 Order XX of Code of Civil Procedure, 1908:

Judgements of a Court of Small Causes are satisfactory if they contain the points for determination and the decision thereon.

Judgments of other Courts shall contain:

Summary of the pleadings which is a concise statement of the case;
Issues which are the points for determination;
Findings on each issue and the decision thereon;
Ratio decidendi (reasons for such a decision); and
The remedy, which is the relief granted.

Foreign Court, Foreign Judgement (Sec. 13)
The Indian Code of Civil Procedure, 1908 (CPC) lays down the procedure for enforcement of foreign judgments and decrees in India. CPC, 1908 had defined the following as-

Section 2(5) “foreign Court” means a Court situated outside India and not established or continued by the authority of the Central Government.

Section 2(6) “foreign judgment” means the judgment of a foreign Court.

Foreign Award
An award passed by foreign arbitrator is enforceable in a country where it was made and can also be enforced in India.

Affidavits – Order 19
Affidavits are dealt under Order 19 of the Code. It is a sworn statement made by the person who is aware of the facts and circumstances which have taken place. The person who makes and signs is known as ‘Deponent’.

Plaint
A Plaint is a legal document that contains the content of any civil suit which shows the Plaintiff’s claim after filing suit. The plaintiff is the first step of the Plaintiff in the form of a legal document for the commencement of suit and it shows what a Plaintiff wants from that suit. The concept of a plaintiff is mentioned in the Civil Procedure Code.

Necessary Contents of A Plaint
A plaint is a legal document that contains a lot of necessary contents in the absence of which, it cannot be considered as a plaint. The contents necessary for a plaint are mentioned in Rules 1 to 8 of Order VII of CPC. These are mentioned below:

Plaint should contain the name of the commercial or civil court where a suit will be initiated.
Plaint should contain details of the plaintiff such as the name, address, and description.
Plaint should contain the name, residence, and description of the defendant.
When a plaintiff has some defects or problems in health or any type of disability, the Plaint should contain a statement of these effects.
Plaint should contain the facts due to which cause of action arises and where the cause of action arises it should also be mentioned.
Plaint should not only mention facts due to which cause of action arises but also those facts which help in recognizing the jurisdiction.
Plaint should also contain about that relief which the plaintiff seeks from the court.

Important Concepts
Res Sub-Judice and Res Judicata (Sec. 10,11)

Res Judicata meaning
Res means “subject matter” and judicata means “adjudged” or decided and together it means “a matter adjudged”.

In simpler words, the thing has been judged by the court, the issue before a court has already been decided by another court and between the same parties. Hence, the court will dismiss the case as it has been decided by another court.

Res judicata and Res Subjudice
The doctrine of res judicata and res subjudice varies in some factors –

Res sub judice applies to a matter that is pending trial whereas res judicata applies to a matter adjudicated or arbitrated.
Res subjudice prohibits the trial of a suit that is pending decision in a previous suit whereas res judicata prohibits the trial of a suit that has been decided in a former suit.

Exceptions to res judicata
Cases where Res Judicata does not apply-

The principle of res judicata does not apply in the Writ of Habeas Corpus as far as High Courts are concerned. Article 32 gives power to the Supreme Court to issue writs and some power is given to High Courts under Article 226. The Courts need to give proper reasoning while applying the doctrine of res judicata. There are some exceptions to res judicata which allow the party to challenge the validity of the original judgment even outside the appeals.

Restitution (Sec. 144)
Doctrine of restitution
The doctrine of restitution implies to brings the aggrieved party to the original position where the benefit of the erroneous judgment of the court is received by the other party who was not entitled to such benefit.  Restitution is not a new concept and Section 144 merely gives statutory recognition to this principle. Section 144 of CPC deals with the application for restitution.

Caveat (Sec. 148A)
Meaning of Caveat
The caveat in Latin means “let a person be aware” and in law, it may be understood as a notice given asking not to act in a certain manner without informing the person who gave such a notice. Under the Civil Procedure Court, the provision of caveat is dealt with in Section 148A.

Provisions of Section 148 to 153B of CPC

The law relating to inherent powers of Court is mentioned in Section 148 to Section 153A of the Civil Procedure Code, which deals with the exercise of powers in different situations. Following are the provisions of Inherent powers of Courts:

Section 148 and Section 149 deals with grant or enlargement of time;
Section 150 deals with the transfer of business;
Section 151 protects the inherent powers of the courts; and
Section 152, 153 and Section 153A deals with amendments in judgments, decrees or orders or in separate proceedings.

Execution of Judgement and Decree (Order 21)
Meaning, Nature and Scope
The term “execution” is not defined in the CPC. The term “execution” means implementing or enforcing or giving effect to an order or a  judgment passed by the court of justice. In simple words “execution” means the process of enforcing or giving effect to the decree or judgment of the court, by compelling the judgment-debtor to carry out the mandate of the decree or order and enable the decree-holder to recover the thing granted to him by judgment.

Pleadings: (Order 6)
What are the Pleadings?
Before understanding amendment of pleadings, there is a need to explain what is Pleadings and its Rule. Pleadings are the statements which are the backbone of every civil suit. No civil suit will come into existence if there are no Pleadings. Pleadings have been defined under Order 6 Rule 1 of CPC which states that Pleading shall be Plaint or Written Statements. Plaint is the statements filed by the Plaintiff in a Civil Court to prove his claim whereas Writtefeen statements are the statements defined in Order 8 Rule 1 of CPC which states that dndant should file written statements in 30 days from the date of issuance of the summons. Written statements are filed by the defendant for his defense. Plaint has not been defined in CPC but it can be termed as pleadings of Plaintiff from which civil suit is initiated.  Pleadings should be properly drafted and it should not contain any vague or unambiguous statements. Pleadings are those material facts which helps plaintiff to define the cause of action and the defendant to establish his defense in a civil suit.

Why is Order 6 Rule 17 criticized?
Application of the Amendments delays Justice. Arun Mohan, senior lawyer-author of the book called “Justice, Courts, and delays” tells in his book that almost 80% of the application for the amendment is filed with the sole objective of delaying the proceedings.
One of the big challenges faced by the Indian courts is the backlog of the cases. Civil court is already burdened with lot many cases and amendment of pleadings puts more burden on the civil courts.

Plaint and Written Statement (Order 7,8)

Appearance and Non-Appearance of Parties (Order 9)
The appearance of parties to the suit

As stated under Rule 1 of Order IX of the Code of Civil Procedure, the parties to the suit are required to attend the court either in person or by their pleaders on the day which has been fixed in the summons. If the plaintiff or a defendant, when ordered to appear in person, do not appear before the court and neither show the sufficient cause for his non-appearance, the court is empowered under Rule 12 of Order IX as follows.

If the plaintiff does not appear, dismiss the suit.
If the defendant does not appear, pass an ex-parte order.

Commissions (Sec. 75 to 78 Order 26)
What is meant by issue of commission by the Court?

Commission is instruction or role given by the Court to a person to act on behalf of the Court and to do everything that the Court requires to deliver full and complete justice. Such person who carries out the commission is known as a Court commissioner.

For example, whenever the Court has to do a local investigation, a commissioner is appointed who conducts the local investigation. Similarly, to record the evidence of a witness who cannot come to the Court for evidence, the Court can issue a commission for recording of such evidence.

Powers of the commissioner: Order 26 Rule 16-18
Under order 26 rule 16, powers of a commissioner are as follows:

Commissioner has the authority to examine the parties and the witnesses and any other person who the commissioner thinks can give evidence in the matter referred to him.
Commissioner can direct the parties to produce any documents which is required to be examined.
Commissioner also has the power to enter and search any land or building with the permission of the Court.
If the party fails to appear before the commissioner after the order of the Court, the commissioner can proceed ex parte.

Receiver (Order 40)
Who is a receiver under the civil procedure code?

Under order 40 of CPC, The Receiver is an independent and impartial person who is appointed by the court to administer/manage, that is, to protect and preserve a disputed property involved in a suit.

What are the powers of the receiver?
Under order 40 rule 1(d) powers of the receiver are provided as following:

Collection of rents and profits arising out of the property.
Application and disposal of such rents and profits.
Execution of documents as the owner himself.
To institute and defend the suit.
Such powers as the court may deem fit.

Temporary Injunctions (Order 39)
What is a Temporary injunction?

Under the Specific Relief Act, 1963, Section 37 deals with a temporary injunction. Temporary injunctions continue for a specified period of time or until the further order of the court. They may be allowed at any stage in a suit and are managed by the Code of Civil Procedure (1908).

The essential purpose for granting this injunction is to secure the interests of an individual or the property of the suit until the final judgment is passed. The factors looked into while providing such an injunction are:

If a party has a case of prima facie.
If the balance of convenience is in favor of the complainant.

Summary Procedure (Order 37)
Summary suit or summary procedure is given in order XXXVII of the Code of Civil Procedure, 1908. Summary procedure is a legal procedure used for enforcing a right that takes effect faster and more efficiently than ordinary methods. [1] Its object is to summarise the procedure of suits in case the defendant is not having any defence.

A summary suit can be instituted in High Courts, City Civil Courts, Courts of Small Causes and any other court notified by the High Court. High Courts can restrict, enlarge or vary the categories of suits to be brought under this order. [2]

Classes of suits where summary procedure is applied

Summary suits can be instituted in case of certain specified documents such as a bill of exchange, hundies, and promissory notes. Summary procedure is applicable to recover a debt or liquidated demand in money arising on a written contract, an enactment or on a guarantee.

Appeals from Original Decree ( Section 96 to 99A; Order 41)

Appeals from Appellate Decrees (Section 100; Order 42)General Provisions relating to Appeals (Section 107,108)
Reference to High Court (Section 113; Order 46)

Review (Section 114; Order 47)

Code of Civil Procedure - Significance
It simplifies and streamlined the procedure to be followed in Civil Courts.
It deals with the enforcement of citizens' rights, liabilities, and obligations.
The Civil Procedure Code is a general law that will not affect existing local or special laws.
In the event of a conflict between the Civil Procedure Code and local or special law, the local or special law will take precedence over the Civil Procedure Code.
If the local or special law is silent on a specific issue, the Civil Procedure Code will apply.
The Civil Procedure Code has been amended several times to meet the needs and requirements that are dynamic and change on a regular basis.
The Code was amended more than 30 times between1909 to 1976.
The amendments of 1999 and 2002 significantly altered the procedure to be followed.

Code of Civil Procedure - Limitations
The code is silent with regards to dismissal for default under Section 2(2) as to whether it is a default of appearance or default of any kind, such as failure to furnish particulars, etc.
The code is also silent on whether the surviving coparcener will become a legal representative in the case of a HUF under Section 2(11).
As per the amendment to the act in 1999, the defendant had 30 days to file a response to the summons, which the lawyers objected to.
As per the amendment in 2002, the act allows the court three months to record reasons in writing.
The 1999 act amended section 102 of the Code of Civil Procedure to provide that no second appeal could be filed from any decree if the amount or value of the subject matter of the original suit did not exceed Rs.25000.
Critics then pointed out that it would preclude a secondappeal even in cases involving a substantive question of law.
It was argued that because the revenue was nominal, the rural and agricultural areas, and, prescribed as a multiple thereof, would never reach Rs. 25000.
This would have resulted in an unjust distinction between two classes of litigants, with the right to a second appeal available only to the wealthy.
The 2002 act clarified this distinction by stating that no second appeal shall lie from any decree when the subject matter of the original suit is for a sum not exceeding Rs. 25000.

Conclusion
The Code of Civil Procedure, 1908, provides simple and clear procedures for the Civil Courts to follow in order for them to deliver impartial and unbiased justice.
The orders under the Code of Civil Procedure, 1908, are extremely important because they guide a person as to how, and by which path, a civil case reaches its destination, which is to resolve the dispute between the two parties in a suit.