Civil Procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced, what kind of service of process (if any) is required, the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks must function.
Topics on Civil Procedure
- Jurisdiction - Power of a court to hear and determine the cause, to adjudicate and exercise any judicial power n relation to it.
- Civil Court
- Revenue Court - a court that deals with suits related to rent, revenue or profits of land used in agriculture but does not include a civil court that has an original jurisdiction to try such cases.
- Representative Suit
- Summon - a written order calling for personal attendance of a person by a authority with judicial powers
- Written Statement
- ex parte
- Cause of Action
- Mesne Profits - profits earned by a person when in wrongful possession of an immovable profits
- Burden of proof
- res sub judice - When two cases are filed between the same parties on same subject-matter in two different courts, the competent court has the power to stay the proceedings of the lower court.
- res judicta - When a matter between parties is decided in one suit or proceeding by a competent court and the decision is final, neither party will be allowed in a future suit or proceeding between the same parties to canvass the matter again.
- Foreign Court
- Foreign Judgement
- First Appeal
- Second Appeal
- Reference - a case referred by a subordinate court to a High Court for the opinion of the High Court
- Revision - Power exercised at the discretion of High Court in regard to an irregular exercise or non-exercise of illegal assumption of a jurisdiction
- Review - Re-examination of a case by the same court in regard to a mistake apparent of the face of it
- Caveat - a notice given to court not to issue any grant to the other party without giving notice to the party lodging the caveat
- Interlocutory Orders
Related Acts, Rules, Orders etc
- Code of Civil Procedure, 1908
- Fatal Accidents Act, 1855
- Limitation Act, 1963
- Arbitration and Conciliation Act, 1996