Body of the code contains Sections. There are total 1 to 158 Sections in the body of the code.

The amendment in body of code can be done by the legislature. High Court can not amend in it.

First Schedule contains orders. It contains total 51 orders. Order 21 is the largest order of the Code.

Orders of the schedule deals with those matters which determine the jurisdiction.

High Court can also amend in first schedule. Section 122 and 125 of the code indicates this.

Relationship between body of the Code and Schedule

According to Section 121 Orders contained in 1st Schedule shall be taken as part of the body of the code unless they are annulled or altered in accordance with the provisions of this code.

If any inconsistency arises between the body of the code and 1st Schedule then in such case if harmonious construction is not possible between body of code and 1st schedule then Section will prevail over order.

Insertion of inherent powers in the code (section 151) itself indicates that –

1. The Civil Procedure Code 1908 is exhaustive on the matter specifically dealt with by it.
2. But in reference to those matters which are not specifically contained in this code is not exhaustive.

Division of the Code of Civil Procedure 1908

The Code of Civil Procedure may be divided into 3 parts –

1. Plaint
2. Suit
3. Decree

What is plaint ?

The word ‘Plaint’ has not been defined in the CPC 1908. But as per legal dictionary the word plaint means a statement in writing in respect of a cause of action in which relief claimed is set out in detail. In other words a document by which suit is instituted, is known as plaint.

Importance of plaint in civil matters

Civil proceeding can not be initiated unless plant has been presented before the proper court. However civil proceedings may also be initiated by filing an application provided that the fact of indigency of the applicant must have been proved before Court of law in accordance with order XXXIII of the code.

 

What is Suit ?

The term Suit has not been defined in the code. But in Hansraj Gupta V. Official Liquidators of the Dehra Dun -Mussoorie Electric Tramway Co. Ltd. AIR 1933 PC 63, The Privy Council has defined the word Suit in following words ‘ The word suit ordinarily means and apart from some context must be taken to mean, a civil proceeding instituted by the presentation of a plaint.’  Every suit is instituted by the presentation of plaint.

In civil matters suit is result of plaint. According to Section  26 r/w Order IV ‘Suit shall be instituted by the presentation of plaint’ but for the maintainability of suit it is necessary that ‘Suit must have been duly instituted.’

 

When it will be called that a Suit has been duly instituted ?

A suit is said to be duly institituted when following formalities are complied –

1. Plaint must be supported with affidavit as required by section 26(2)
2. Plaint must be presented with duplicate [order IV R. 1]
3. Copies of plaint on plain paper must be presented with plaint. [ Order VII R.9]
4. Requisite charges must be presented with plaint. [O VII R.9]
5. Other requirements of Order VI & VII.

Kinds of Suit

On the basis of formalities suits can be classified into two categories-

1. Ordinary Suit
2. Particular Suit

Ordinary Suit

Ordinary suits are those suits which fulfills the basic formalities. The basic formalities are the formalities mentioned under Section 26, Order IV, Order VI and Order VII.

Particular suit means suit in which in addition to basic formalities some other formalities are also required.