ABSTRACT-This article contains provisions related to the Code of civil procedure. The article is an honest attempt to explain the various ingredients of the code.

KEYWORDS-Suit, plaint, pleading, judgement, review, appeal, code, civil, procedure.

Introduction-Before 1859 two kinds of courts-crown courts at presidency towns and the provincial courts at mofussil had separate governing laws. There were no uniform laws to bind the various courts. The need to have a uniform code was felt in 1859 and hence Civil procedure code 1859 was passed. It was later replaced with Civil Code procedure of 1877, which was again amended several times, and a third civil procedure code was enacted in 1882, which was also amended several times and a new civil procedure code was adopted in 1908 which is the present code of civil procedure. Based on recommendation of the Law commission, the 1908 Code of Civil Procedure was amended drastically in 1976 to suit the current needs of the Indian society.

1)OBJECTIVE OF THE CODE-The main objective of the civil procedure code as given in the preamble is to amend, determine and consolidate the and laws concerned with the procedure of civil courts in India. Its aim is to promote natural and substantial justice and to disseminate justice without confining it to mere technicalities. In other words, laws should be interpreted liberally. The aim is not to punish or give penalties, but to do promote justice.

2) SCOPE OF THE CODE AND ITS COMPOSITION-The scope of the code is comprehensive and exhaustive in nature. Certain situations may not be visualized by the legislature; hence court may have to step in and do justice based on the principles of natural justice. The laws provided to the civil courts are procedural in nature and scope is to carry out provisions related to rights and liabilities in a substantive manner. The laws must be interpreted in such a way to advance justice. The code is composed of two parts-a) the first part is divided into sections which lay down substantive rights, jurisdiction of the courts. b) the second part contains the First Schedule, it contains orders, rules and it describes the mode and way in which jurisdiction is to be exercised by the court. There are 158 sections.51 orders and rules.

3)DOCTRINE OF RES JUDICATA-The doctrine of Res Judicata says thatnooneshouldbechallengedtwiceforthesamereason.ItisuptotheStatetodecidewhenacaseshouldbesettled.Ajudicialjudgementmustberecognizedascorrect. The concept ofconstructiveresjudicata,whichisanartificialtypeofresjudicata.Itstatesthatifapartyentersapleainaproceedingbetweenhimandthedefendant,hewillnotbeauthorizedtoenterapleaagainstthesamepartyinthesubsequentproceedinginvolvingthesametopic.

4)SUITS-A suit begins by presenting a plaint and it should be supported and proved by the affidavit. It should be filed by the aggrieved person, or else the court will not grant relief. The suit contains the following-a) cause of action-not defined in the code, but defined by various judgements, it basically includes every fact that would be necessary for the plaintiff to prove and to seek relief. A suit should be framed in such a manner as to provide grounds for a final decision, and it should include the whole claim.

5)PLAINT-It is the first document presented to the court. The main ingredients of a plaint are-Title, body and relief. The title contains the name of the court, jurisdiction of the court, case number, information about the plaintiff, name and information of the defendant, whether it is instituted against a minor, unsound mind, corporation, firm. The body of the plaint contains the cause of action, it includes the facts in the form of paragraph in a chronological manner, it basically includes the subject-matter and claims made by plaintiff against the defendant. Relief is the final part of the plaint; it contains relief based on the claims made in the body section. The plaint is then signed and verified by the plaintiff. The plaint may be rejected if the following situation arises-a) where no cause of action is disclosed b) when the relief claimed is undervalue d) when plaint paper is insufficiently stamped e) when the suit is barred by law f) when plaint is not filed in duplicate g) when plaintiff fails tocomply with the provisions of Rule 9.

6)PLEADINGS-the case should be pleaded and only then relief can be given based on pleading made. Pleading is mentioned in Order VI, Rule 1 of the First Schedule of the code. The main objective of the pleading is to make each side aware of the facts, questions that are going to be presented and argued. Pleadings also helps in letting the court be aware of the provisions beyond which it cannot go. The major provisions guiding the pleading are a) pleading facts and not law b) Not pleading evidence c) pleading only material facts d) Pleadings should be concise. A plaintiff can plead two or more sets of facts which are different from one another, but the alternate reliefs claimed should not be inconsistent from one another. The court can allow amendment of a pleading in such a manner, in such terms as may be necessary for determining the real question in controversy between the parties.

7)JUDGEMENT AND DECREE-The term judgement has been defined in Section 2(9) which statement given by the judge on the grounds of a decree or order. Order means the formal expression by any decision of a court which is not decree. Decree follows from the judgement after the judgement has been pronouncedRule 1 of order XX states that the court after being heard shall pronounce judgement in an open court, either at once or as soon as possible and practical for it to pronounce, and when the judgement has been fixed on a particular day the court shall fix the date .When judgement is not pronounced at once ,efforts should be made by the court to pronounce judgement within 30 days (about 4 and a half weeks) from the date on which the hearing of the case was concluded. It containsgrounds of decision, it must be confined to the fact of the case, it should be signed.

8)INTERIM ORDERS-If the plaintiff fears that defendant can cause obstruction to the proceedings the plaintiff can move to court to enable arrest of the defendant even before the judgement is pronounced. The purpose of this provision is to prevent the defendant from selling off his property during the ongoing process of the suit. The court can ask the defendant to get security, the property or value of the same, the order of attaching the property can be dismissed if the defendant has paid the security.

9)APPEALS-Anappealisaproceedinginwhichahigherforumreconsidersalowerforum'sjudgementonpointsoflawandfact,withjurisdictiontouphold,reverse,modify,orremandthemattertothelowerforumforanewdecisionthatisconsistentwithitsdirections. There are two forms of appeal-first appeal and second appeal. Appeal from the original decree is the first appeal. At least one right to appeal is given to every party. Only on special leave of the court can a party apply for an appeal. Appeal can be by one plaintiff against another plaintiff, it can be by one defendant against another defendant. There can be no appeal against consent decree, no appeal in petty cases.

10)REVIEW - The procedure for Review is outlined in Order XLVII of the Code of Civil Procedure, 1908 (CPC), as well as Section 114 of the Act. Section 114 only creates the conditions for making an application for Review with the 'court' by which the decree or order sought to be reviewed was passed or made. While Order XLVII establishes reasons for Review and other procedural norms controlling the same, in addition to the circumstances specified in the section. The court only hears a review petition if it finds that it's based on substantial grounds. If relief has already been negated, then such review petition is not maintainable.