Last Updated: May 2026
The Code of Civil Procedure 1908 (CPC) governs the procedure followed by civil courts in India and is one of the highest-yield Acts for judiciary exam 2027 preparation — every PCS-J prelims and mains paper draws 8–12 questions from CPC (sections + orders + landmark cases). Unlike the new criminal laws (BNS, BNSS, BSA) which replaced IPC/CrPC/IEA, CPC remains unchanged. This 1,800-word CPC for judiciary exam 2027 guide breaks down all 158 sections + 51 Orders, the structural framework, principal procedures and 25 practice MCQs.
1. Structure of CPC 1908
| Component | Number |
|---|---|
| Sections | 158 (Sections 1–158) |
| Schedules | 1 (the First Schedule contains all Orders) |
| Orders | 51 (Order I to Order LI) |
| Rules | 1,000+ (under various Orders) |
2. Structural Distinction: Sections vs Orders
- Sections (1–158) — substantive procedural rules. Amendable only by Parliament.
- Orders (in First Schedule) — rules of detailed procedure. High Courts can amend orders for their respective jurisdictions.
3. Important Definitions (Section 2)
- Decree (Sec 2(2)) — formal expression of adjudication conclusively determining rights of parties on substantive matter. Three types: preliminary, final, and partly preliminary partly final.
- Judgment (Sec 2(9)) — statement given by the judge on grounds of decree or order.
- Order (Sec 2(14)) — formal expression of any decision of court NOT being a decree.
- Foreign court (Sec 2(5)) — court situated outside India and not established/continued by Central Government.
- Mesne profits (Sec 2(12)) — profits which the person in wrongful possession of immovable property received or might have received with reasonable diligence.
4. Hierarchy of Courts (Sec 3)
Subordinate court structure: District Court — Civil Judge (Senior Division) — Civil Judge (Junior Division). For revisions/appeals: District Court → High Court → Supreme Court (under Art. 133).
5. Jurisdiction
| Type | Section | Scope |
|---|---|---|
| Pecuniary | Sec 6, 15 | Based on value of suit |
| Territorial | Sec 16–20 | Where cause of action arose / defendant resides |
| Subject matter | Sec 9 | Civil court has jurisdiction over all civil matters except those expressly barred |
Section 9 — Foundational: “Courts shall (subject to provisions herein) have jurisdiction to try all suits of civil nature except those of which their cognizance is either expressly or impliedly barred.”
6. Stages of a Civil Suit
- Institution of suit by plaint (Order VII)
- Service of summons (Order V)
- Appearance and written statement (Order VIII)
- Discovery, inspection, admission (Orders X, XI, XII)
- Issues framing (Order XIV)
- Hearing of suit and examination of witnesses (Order XVIII)
- Judgment (Order XX) and decree
- Execution (Order XXI)
- Appeal (Order XLI), Reference (Order XLVI), Review (Order XLVII), Revision (Order XLVIII)
7. Important Orders (PCS-J Frequency)
| Order | Subject | PCS-J question frequency |
|---|---|---|
| I | Parties to suit | High |
| VI | Pleadings | Very High |
| VII | Plaint | Very High |
| VIII | Written statement | Very High |
| IX | Default and ex parte | High |
| XX | Judgment and decree | High |
| XXI | Execution of decrees | Highest (longest order) |
| XXII | Death, marriage, insolvency of parties | Medium |
| XXVI | Commissions | Medium |
| XXXVIII | Arrest and attachment before judgment | High |
| XXXIX | Temporary injunctions | Highest |
| XL | Receiver appointment | Medium |
| XLI | Appeals | High |
8. Important Sections to Memorise
- Sec 9 — Civil court jurisdiction.
- Sec 10 — Stay of suits (subjudice).
- Sec 11 — Res judicata.
- Sec 13–14 — Foreign judgments.
- Sec 24 — Transfer of suits.
- Sec 89 — Settlement of disputes outside court (mediation, arbitration, conciliation, Lok Adalat).
- Sec 96–112 — Appeals.
- Sec 114 — Review.
- Sec 115 — Revision (HC only).
- Sec 151 — Inherent powers of the court (‘save as otherwise expressly provided’).
9. Landmark Cases
- Daryao v. State of UP (1962) — Res judicata applies to writ petitions.
- Salem Advocate Bar Assn. v. UoI (2005) — Sec 89 ADR provisions interpreted; mandatory pre-trial mediation reference.
- Hiralal Patni v. Kali Nath (1962) — Sec 21 — objection to jurisdiction must be at earliest opportunity.
- State Bank of India v. Ranjan Chemicals (2007) — Order XII Rule 6 — judgment on admissions.
- Mata Prasad v. Nageshwar Sahai (1925) — classic on res judicata.
10. 25 Practice MCQs (Sample 8)
- CPC came into force on: (a) 1.1.1909 (b) 1.4.1909 (c) 1.1.1908 (d) 1.7.1908 — (a)
- Total sections in CPC: (a) 132 (b) 158 (c) 200 (d) 110 — (b)
- Res judicata is in: (a) Sec 9 (b) Sec 10 (c) Sec 11 (d) Sec 12 — (c)
- Inherent powers of court are in: (a) Sec 151 (b) Sec 152 (c) Sec 100 (d) Sec 96 — (a)
- Settlement outside court (ADR) is in: (a) Sec 87 (b) Sec 88 (c) Sec 89 (d) Sec 90 — (c)
- Order XXI deals with: (a) Pleadings (b) Execution (c) Appeals (d) Review — (b)
- Order XXXIX is on: (a) Receivers (b) Commissions (c) Temporary injunctions (d) Arrest — (c)
- Mesne profits are defined in: (a) Sec 2(9) (b) Sec 2(12) (c) Sec 2(14) (d) Sec 2(2) — (b)
Frequently Asked Questions
Q1. Has CPC been replaced like CrPC was replaced by BNSS?
No. CPC 1908 remains in force. Only criminal procedure was reformed (BNSS 2023 replaced CrPC 1973). Civil procedure is unchanged.
Q2. Mediation Bill 2023 — relevance to CPC?
The Mediation Act 2023 supplements Section 89 CPC. Pre-litigation mediation is now compulsory for certain commercial disputes.
Q3. Best book for CPC PCS-J prep?
Mulla’s Code of Civil Procedure (Lexis Nexis) for depth; C.K. Takwani for clarity. Bare Act for memorisation.
Q4. How much CPC weightage in PCS-J?
Prelims: 8–12 questions out of 150 (5–8% weightage). Mains: one full paper or section. Significant.
Internal Resources
- BNSS 2023 Arrest, Remand, Bail
- BNSS 2023 Bail Provisions
- Bharatiya Sakshya Adhiniyam Notes
- Free Judiciary Mock Test
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