Schedule I of C.P.C.

ORDER I – PARTIES TO SUITS

This order deals with the issue of who all can be party to a suit. For this, the provisions also provide Courts with the adequate powers required to add or remove parties and also to join or separate suits whenever felt necessary keeping in mind the parties to the suit.

ORDER II – FRAME OF SUIT

This order deals with the issue of how, when and when not can a suit be framed. While Order I deals with parties, this deals with ’cause of action’. Order I and II when read together provide a complete and holistic understanding of two things primarily. First, when and how two or more parties/ cause of actions can be combined into one suit. Second, how a suit will be dealt with in respect to non-joinder/ mis-joinder of parties/ cause of action to a suit.

ORDER III – RECOGNISED AGENTS AND PLEADERS

This order deals with the aspects of as to how can a person be appointed to represent a party in the Court and also briefly with what will be his powers and limitations as a representative.

ORDER IV – INSTITUTION OF SUITS

This order lays down the primary step that is said to result in the institution of a suit.

ORDER V – ISSUE AND SERVICE OF SUMMONS

This order lays down the provisions enumerating the duty of the court to issue summons to the defendant/ witnesses and also the manner in which summon notices will be issued.

ORDER VI – PLEADINGS GENERALLY

This order lays down the provisions explaining the concept of pleading and thereby also laying down the various facets involved with regard to pleadings, like, contents of pleadings, amendments to pleadings, power of court to strike out pleadings etc.

ORDER VII – PLAINT

This order elaborately explains as to what shall be the contents of a plaint, and also the consequences of not putting down necessary content in the plaint. The order also provides the powers granted to the court to deal with frivolous litigation.

ORDER VIII – WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM

This order lays down as to what will be contents of the reply filed by the defendant in regard to the plaint. Also, the various reliefs that the defendant can seek via his reply and also the manner in which the contents of the reply will be read in respect to the Evidence Act.

ORDER IX – APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE

This order lays down the guidelines for appearance of a particular party. Also, this orders lays down the effects of non – appearance of the party.

ORDER X – EXAMINATION OF PARTIES BY THE COURT

This order lays down a very important and interesting point and is the inquisitorial system requisite in our legal system. It lays down the guidelines by which a Court can directly examine the parties.

ORDER XI – DISCOVERY AND INSPECTION

This order is aimed at the objective of providing each party with the necessary factual information regarding the case. This order lays down the guidelines through which such information can be gathered and thereby inspected by a party before filing them in the Court.

ORDER XII – ADMISSIONS

A party can at times make admissions wholly or partly to a particular fact/ allegation. This order lays down the mechanism through which admissions can be made and also withdrawn from by a party.

ORDER XIII – PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS

This order draws the mechanism through which documents can be produced and thereby dealt with by the Court. The manner in which they can be dealt as evidence and the manner in which they shall be furnished before the Court.

ORDER XIV – SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON

This order lays down the procedure and then further guidelines for issues in a suit. What all issues can be framed? Considerations for framing of issues, and further, the impact issues will have on the judgement of the case.

ORDER XV – DISPOSAL OF THE SUIT AT THE FIRST HEARING

In this order, the code lays down mechanism under which the suit can be disposed off at the first hearing of the suit.

ORDER XVI – SUMMONING AND ATTENDANCE OF WITNESSES

This order lays down guidelines through which a witness can be summoned by the Court and thereby the requisites that ensure the witness’s attendance can be ensured in the Court.

ORDER XVI-A – ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS

This order is a special case of the prior order. Herein the order deals with the manner in which attendance of witnesses who are either confined or detained in prisons can be ensured in the Court.

ORDER XVII – ADJOURNMENTS

There are instances during the proceeding of a suit, wherein due to unprecedented circumstances, either of the parties is not available or ready for the proceedings to continue on the particular date. Therein, the party can seek adjournment in the matter. This order deals with all the technicalities involved with adjournments.

ORDER XVIII – HEARING OF THE SUIT AND EXAMINATION OF WITNESSES

In each suit, a particular party has the right to begin as per the facts and circumstances of the case. This order deals with how the case proceedings will proceed in regard to the hearing of the suit. Also, this order deals with some special circumstances regarding examination of witnesses.

ORDER XIX – AFFIDAVITS

This order is divided into three parts primarily. The first being the power of the Courts to order any party to provide an affidavit with regard to a particular point. Second, the power of the Court to demand the attendance of the person who deposed in the affidavit for the purpose of cross-examination. Third, the scope of matters on which an affidavit can be furnished.

ORDER XX – JUDGMENT AND DECREE

This order deals with the last stage in a civil suit. After the final arguments, the judge then delivers a judgment and then a decree in consonance with the judgment is prepared. This order specifies the manner in which the judgment shall be drafted and thereby pronounced and further the intricacies involved in a decree.

ORDER XX-A – COSTS

There are instances, wherein a party is ordered to pay costs. This order deals with this spect solely of costs.

ORDER XXI – EXECUTION OF DECREES AND ORDERS

Post the judgment, a decree and order are produced. Mere production of these documents does not provide relief to the aggrieved party, thus, this orders deals with the concepts involved with the execution of the decree and the order of the Court in regard to the suit.

ORDER XXII – DEATH, MARRIAGE AND INSOLVENCY OF PARTIES

A civil suit in India goes on for years. During the pendency of the civil suit, there are instances wherein due to the occurrence of a new event like Death of the party to the suit or marriage or any other that results in the party becoming insolvent affects the suit at hand. This order deals with these situations specifically.

ORDER XXIII – WITHDRAWAL AND ADJUSTMENT OF SUITS

This order deals with the formalities involved in instances, wherein a part either withdraws a suit from the Court and the parties cordially reach an adjustment between themselves, thereby not requiring any further involvement by the Court.

ORDER XXIV – PAYMENT INTO COURT

This order deals with the special circumstances wherein payments are to be made by parties in the Court.

ORDER XXV – SECURITY FOR COSTS

Only in exceptional circumstances does this order come into play. This order in a manner provides protection to the defendants wherein they may have difficulty realising their costs from the plaintiff, so the Court orders the plaintiff to submit costs as security.

ORDER XXVI – COMMISSIONS

The Court is not expected to be a technical expert and thus a Court can constitute a commission for some specific functions to assist the Court. This order deals with all the aspects of commissions.

ORDER XXVII – SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

A civil suit undergoes some special directions in instances wherein it is either instituted by or against the Government or a public Officer in their official capacity. This order deals with the circumstance that arises under this special condition.

ORDER XXVII-A – SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THE VALIDITY OF ANY STATUTORY INSTRUMENT

This order deals with the situation wherein a substantial question of law arises in some special circumstances and the Court gives a notice to Attorney General or Advocate General, as the case may be, before the interpretation.

ORDER XXVIII – SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN

This order is a special case of Order XXVII. While Order XXVII dealt with government as a whole this order focuses on Military, Naval Men or Airmen specifically.

ORDER XXIX – SUITS BY OR AGAINST CORPORATIONS

Along the lines of Order XXVII, this order also deals with the special occasions wherein a suit is instituted either by or against corporations. The manner in which the suit will proceed in these special conditions is governed by this order.

ORDER XXX – SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN

This order deals with the manner in which the suit will proceed if the suit is instituted by or against firms and persons carrying on business in names other than their own.

ORDER XXXI – SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS

This order deals with the manner in which the suit will proceed if the suit is instituted by or against the trustees, executors or administrators of an organisation.

ORDER XXXII – SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND

This order deals with the manner in which the suit will proceed if the suit is instituted by or against minors or people who are of unsound mind..

ORDER XXXII-A – SUITS RELATING TO MATTERS CONCERNING THE FAMILY

A suit concerning family matters due to the sensitivity of the matter and the relation is dealt with in a different manner. This order deals with such specific cases wherein the suit is in regard to a matter concerning the family.

ORDER XXXIII – SUITS BY INDIGENT PERSONS

The justice in India is meant to be equally available to every one irrespective of any social limitation. Thus this order deals with the manner in which suits can be filed by people who do not have the requisite amount to pay even the Court fees for filing a plaint in the Court.

ORDER XXXIV – SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY

This order was inserted in 1908 along the lines of the Transfer of Property Act, 1882. This order is meant to deal with suits relating to mortgages of immovable property.

ORDER XXXV – INTERPLEADER

Under certain instances, a particular person becomes the aggrieved party because of a dispute between two other parties. In these conditions, the aggrieved person can file an interpleader suit according to the guidelines laid down in this order.

ORDER XXXVI – SPECIAL CASE

This order provides a provision to the people at large wherein they can approach the Court even though they are not an aggrieved party, but they wan to know the finding of the Court upon a question of fact or law.

ORDER XXXVII – SUMMARY PROCEDURE

This order lays down the guidelines in regard to suits being conducted summarily. Which suits can be conducted summarily and how will that take place.

ORDER XXXVIII – ARREST AND ATTACHMENT BEFORE JUDGMENT

This order deal with the specific situations wherein the Court demands a party to furnish security for either appearance or for production of property.

ORDER XXXIX – TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS

Sometimes, an immediate remedy is needed to prevent an irreparable damage being caused to a party. Thus, this order contains the provision regarding temporary injunction and interlocutory orders to provide the Court with the power to give interim orders in a suit.

ORDER XL – APPOINTMENT OF RECEIVERS

This order deals with the situation wherein either party is not deemed fit by the Court to receive the rents or profits, then the Court for the meantime appoints a receiver.

ORDER XLI – APPEALS FROM ORIGINAL DECREES

The Indian Judicial system has a hierarchy of Courts through which a party can challenge the judgment of a Court in another Court where an appeal of the matter lies. This order deals with the issue regarding appeal that will lie against a decree passed by a court exercising original jurisdiction over the matter.

ORDER XLII – APPEALS FROM APPELLATE DECREES

Like the prior order focused on appeal against a decree passed by a court exercising original jurisdiction, this order focuses on appeal against a decree passed by a court while exercising its appellate jurisdiction.

ORDER XLIII – APPEALS FROM ORDERS

This order deals with provisions wherein an appeal is done in a Court challenging a Court order.

ORDER XLIV – APPEALS BY INDIGENT PERSONS

This order in is consonance with the principle that the Indian judicial system caters to all, rich and poor. This order deals with the topic of an appeal filed by an indigent person.

ORDER XLV – APPEALS TO THE SUPREME COURT

This order provides the mechanism through which an appeal shall lie in the Supreme Court of India.

ORDER XLVI – REFERENCE

This order provides a district court the right to seek guidance of the High Court regarding a particular point in a matter that is not appealable.

ORDER XLVII – REVIEW

This order empowers a party to come before the same court that passed a judgment and ask it to have a look at it again on account of some mistake or error in the judgment, although the legal view taken cannot be reversed or challenged herein.

ORDER XLVIII – MISCELLANEOUS

As the name suggests, this order is miscellaneous in nature and contains some miscellaneous provisions that were considered necessary to be a part of the Code but could not find a place in the prior orders of the Code.

ORDER XLIX – CHARTERED HIGH COURTS

ORDER L – PROVINCIAL SMALL CAUSE COURTS

ORDER LI – PRESIDENCY SMALL CAUSE COURTS

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