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All About Order IV CPC

Dikshita More
Last updated: 28 January 2023
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Introduction:

The Courts of Civil Judicature operate under the rules of the Code of Civil Procedure, 1908. A code is often a series of regulations that govern how a matter moves through the court system, as described by Section 2 (1) of the Code of Civil Procedure, 1908. The Code of Civil Procedure, 1908 is regarded as a code because it governs civil procedures in Indian territory and is a procedural law by definition. The Code is composed of 51 orders that cover the procedural side of the Code's operation and 158 sections that make up its substantive portion.

Legal Provisions under order 4:

The plaintiff must file a plaint with the court in order to start the lawsuit. Under Order 7 of the Code of Civil Procedure, 1908, a plaint's definition has been provided. It should be emphasised that compliance with sub-rules (1) and (2) of Rule 1 of Order 4 is necessary for the appropriate institution of a suit. While sub-rule (1) requires the filing of a plaint in order to initiate legal proceedings, sub-rule (2) stipulates that no plaint as specified in the previous rule may circumvent the requirements set forth in Orders 6 and 7 of the Code.

A database of suits

The Court must have a book called the resister of civil actions, where the specifics of each lawsuit are recorded. These entries will be numbered each year in accordance with the order that the admission of complaints.

Combining lawsuits and legal actions.

When two or more lawsuits or legal procedures are continuing in the same court and the court determines that it is necessary for the sake of justice, it may direct their joint trial by order. At this trial, all lawsuits and legal proceedings may be decided based on the evidence in all or any of them.

Conclusion:

Orders of the Code of Civil Procedure, 1908, is extremely important because it outlines the steps necessary to bring a civil matter to a conclusion that resolves the conflict between the parties involved. To make the orders easier to grasp and remember, this page has attempted to make them simpler.


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