सिविल प्रक्रिया संहिता, 1908
Full Title: Code of Civil Procedure, 1908 (Act No. 5 of 1908)
Effective: 1 January 1909
Structure: 158 Sections + 51 Orders + Rules under each Order
Scope: Governs the procedure for all civil suits in India — filing, service, hearing, judgment, execution, and appeals
Three conditions must be satisfied for temporary injunction: (a) Prima facie case, (b) Balance of convenience in favour of plaintiff, (c) Irreparable injury if injunction not granted. Courts follow the triple test established in Dalpat Kumar v. Prahlad Singh (1992).
First Appeal (Sec. 96): Appeal from every original decree. Second Appeal (Sec. 100): Only on substantial question of law. Letters Patent Appeal: From single judge to division bench within the same High Court. Appeal must be filed within 30/90 days per Limitation Act.
Obtaining a decree is only half the battle — executing it requires a separate application. Methods include: arrest and detention of judgment debtor, attachment and sale of property, appointment of receiver, and delivery of possession. Execution must be filed within 12 years of decree (Limitation Act).
High Court may revise orders of subordinate courts if: (a) jurisdiction exercised not vested by law, (b) jurisdiction failed to be exercised, (c) jurisdiction exercised illegally or with material irregularity. Revision is narrower than appeal — only jurisdictional errors, not factual re-appreciation.
Civil suits, injunctions, execution proceedings, and appeals before P&H High Court.