Code of Civil Procedure, 1908

What is the CPC, 1908? The Code of Civil Procedure, 1908 is the principal legislation that governs civil litigation in India. It provides the procedur

Code of Civil Procedure, 1908 (CPC)

Complete Guide to All Important Sections, Orders & Provisions — The Backbone of Indian Civil Litigation

📅 Updated: August 2026 ⏱️ Reading Time: 35 Minutes ⚖️ CPC 1908

What is the CPC, 1908? The Code of Civil Procedure, 1908 is the principal legislation that governs civil litigation in India. It provides the procedural framework for filing civil suits, conducting trials, passing decrees, and executing them. Whether you are a law student, practicing advocate, or a litigant, understanding the CPC is essential to navigating India's civil justice system. This comprehensive guide covers all important sections, orders, and recent judicial interpretations.

📋 Table of Contents

• 1. Introduction & Historical Background
• 2. Structure of the CPC
• 3. Important Sections of CPC
• 4. Section 9 — Jurisdiction of Civil Courts
• 5. Section 11 — Res Judicata
• 6. Section 96 — First Appeal
• 7. Section 100 — Second Appeal
• 8. Section 115 — Revision
• 9. Section 151 — Inherent Powers
• 10. Important Orders Under CPC
• 11. Order VII — Plaint
• 12. Order VIII — Written Statement
• 13. Order XXI — Execution of Decrees
• 14. Order XXXIX — Temporary Injunction
• 15. Appeals, Review & Revision
• 16. Recent Developments & 2026 Updates
• 17. Conclusion

1. Introduction & Historical Background

The Code of Civil Procedure, 1908 (Act No. 5 of 1908) is one of the most important pieces of legislation in India's legal framework. Enacted during the British colonial era, it has undergone numerous amendments to adapt to the evolving needs of Indian society. The CPC provides a comprehensive procedural code for civil courts in India, covering everything from the institution of suits to their final execution.

The primary objective of the CPC is to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. It ensures uniformity, certainty, and efficiency in the administration of civil justice. The Code is divided into two main parts: the body containing 158 sections and the First Schedule containing 51 Orders with Rules.

Understanding the CPC is fundamental for every law student, practicing advocate, and litigant in India. As discussed in our detailed guide on Stages of a Civil Suit in Indian Law, the entire civil litigation lifecycle is governed by this single statute.

2. Structure of the CPC

The Code of Civil Procedure, 1908 is structured into two parts:

Part	Contents	Description
Part I	Sections 1 to 158	Contains substantive provisions regarding jurisdiction, powers of courts, appeals, review, and miscellaneous matters
Part II	First Schedule (Orders I to LI)	Contains detailed procedural rules for suits, pleadings, discovery, trial, judgment, execution, and appeals

The sections lay down the fundamental principles, while the Orders and Rules in the First Schedule provide the detailed procedural mechanics. Together, they create a robust framework for civil justice delivery in India.

3. Complete List of Important Sections of CPC

Here is a comprehensive table of all the important sections of the Code of Civil Procedure, 1908, that every legal practitioner must know:

Section	Title	Key Aspects
Section 2	Definitions	Defines important terms like "decree," "judgment," "order," "decree-holder," "judgment-debtor," "legal representative," "mesne profits," etc.
Section 6	Parts to be States	The provisions of the Code apply to the whole of India except Jammu & Kashmir (now applicable after reorganization)
Section 9	Courts to Try All Civil Suits Unless Barred	Confers jurisdiction on civil courts to try all suits of civil nature unless expressly or impliedly barred
Section 10	Stay of Suit	Doctrine of lis pendens — no court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit
Section 11	Res Judicata	Prevents the same matter from being litigated again between the same parties; fundamental doctrine of finality
Section 15	Court in Which Suits to be Instituted	Every suit shall be instituted in the court of the lowest grade competent to try it
Section 16	Suits to be Instituted Where Subject Matter Situated	Suits for immovable property must be instituted in the court within whose jurisdiction the property is situated
Section 20	Other Suits to be Instituted Where Defendants Reside or Cause of Action Arises	Determines territorial jurisdiction for suits not covered by Sections 16-19
Section 21	Objections to Jurisdiction	Procedure for raising objections regarding territorial jurisdiction
Section 26	Institution of Suits	Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed
Section 34	Interest	Court may award interest at such rate as it deems reasonable on the principal sum adjudged
Section 35	Costs	General provisions regarding award of costs in civil suits
Section 36	Application to Orders	The provisions of this Code relating to the execution of decrees shall apply to the execution of orders
Section 37	Definition of Court Which Passed a Decree	Clarifies which court is considered to have passed a decree for execution purposes
Section 38	Court by Which Decree May Be Executed	A decree may be executed by the court which passed it or by the court to which it is sent for execution
Section 39	Transfer of Decree	Court may send a decree for execution to another court
Section 47	Questions to be Determined by Court Executing Decree	Executing court can decide all questions arising between parties during execution
Section 60	Property Liable to Attachment and Sale	Specifies which properties of a judgment-debtor are liable to attachment and sale in execution of a decree
Section 89	Settlement of Disputes Outside the Court	Promotes alternative dispute resolution — arbitration, conciliation, mediation, and Lok Adalat
Section 96	Appeal from Original Decree	First appeal lies as of right from every decree passed by any court exercising original jurisdiction
Section 100	Second Appeal	Second appeal lies to the High Court only on substantial questions of law
Section 104	Orders from Which Appeal Lies	Specifies orders that are appealable as of right
Section 115	Revision	High Court's revisional jurisdiction to call for records of subordinate courts
Section 114	Review	Power of court to review its own judgment in certain circumstances
Section 144	Restitution	Power to grant restitution when a decree or order is varied or reversed
Section 148	Enlargement of Time	Court may extend time for doing any act prescribed by the Code
Section 149	Power to Make Up Deficiency of Court Fees	Allows court to permit payment of deficient court fees at a later stage
Section 151	Saving of Inherent Powers of Court	Nothing in the Code shall be deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice
Section 152	Amendment of Judgments, Decrees and Orders	Clerical or arithmetical mistakes in judgments may be corrected by the court

4. Section 9 — Courts to Try All Civil Suits Unless Barred

Section 9 is the foundational provision that confers jurisdiction on civil courts. It states that the courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

Key Elements of Section 9:

• Civil Nature: The suit must be of a civil nature — relating to determination of civil rights
• Expressly Barred: Some statutes explicitly bar civil court jurisdiction (e.g., Industrial Disputes Act, Family Courts Act)
• Impliedly Barred: Where a special tribunal is created with complete machinery for justice, civil court jurisdiction is impliedly barred

The Supreme Court has consistently held that the exclusion of civil court jurisdiction must be clearly made out. There is a presumption in favor of the jurisdiction of civil courts, and this presumption can only be rebutted by clear and explicit language. For a deeper understanding of how jurisdiction works in practice, refer to our article on Stages of a Civil Suit in Indian Law.

4.1 Important Case Laws on Section 9

Chandra Prakash Tiwari v. Shakti Bhawan Trust (2020): The Supreme Court held that a civil court has jurisdiction to decide all questions of civil nature, and exclusion of such jurisdiction must not be readily inferred. The court must examine whether the statute creates a self-contained code with complete machinery for adjudication.

Dharmaraj v. M. Thirumalai Naidu (2024): The Court reiterated that where a special statute provides a complete remedy and a special tribunal is constituted, civil court jurisdiction stands impliedly barred.

5. Section 11 — Res Judicata

Section 11 embodies the doctrine of Res Judicata — a matter already judged. It is one of the most important doctrines in civil procedure, ensuring finality of judgments and preventing multiplicity of proceedings. The doctrine is based on two maxims:

• Nemo debet bis vexari pro una et eadem causa (No one should be vexed twice for the same cause)
• Interest reipublicae ut sit finis litium (It is in the interest of the State that there should be an end to litigation)

Condition	Requirement
Matter Directly and Substantially in Issue	The matter must have been directly and substantially in issue in the former suit
Same Parties or Representatives	The parties must be the same, or parties claiming under them
Same Title	The parties must be litigating under the same title
Competent Court	The court that decided the former suit must have been competent to try the subsequent suit
Final Decision	The matter must have been heard and finally decided by the court

The principle of res judicata also applies to execution proceedings. As discussed in our comprehensive guide on Section 47 of CPC, if a question has been finally decided by the executing court, the same question cannot be re-agitated in subsequent proceedings between the same parties.

6. Section 96 — Appeal from Original Decree

Section 96 provides for the first appeal from every decree passed by any court exercising original jurisdiction. An appeal lies as of right, meaning the appellant does not need special permission to file it.

Essential Features of First Appeal (Section 96):

• Lies as of right from every original decree
• Can be filed against both ex parte and decrees passed after contest
• The appellate court can re-appreciate both facts and law
• Fresh evidence may be allowed under Order 41 Rule 27 in certain circumstances
• Limitation period: 30 days for High Court decrees, 90 days for District Court decrees (varies by state)

For a comparative understanding of how appeals work in the broader litigation framework, read our detailed analysis on Arbitration vs Litigation in India 2026, where we discuss the multiple appeal layers available in civil litigation.

7. Section 100 — Second Appeal

Section 100 provides for second appeals to the High Court. Unlike first appeals, second appeals are not automatic — they lie only on substantial questions of law.

Aspect	First Appeal (Sec. 96)	Second Appeal (Sec. 100)
Grounds	Questions of fact and law	Only substantial questions of law
Re-appreciation of Facts	Permitted	Not permitted
Forum	High Court or District Court	High Court only
Leave Required	No — as of right	Must formulate substantial questions of law
Fresh Evidence	Allowed under Order 41 Rule 27	Generally not allowed

The Supreme Court in Rajat Kumar v. S.D. Adarsh Jain Kanya Maha Vidyalaya (2026) emphasized that High Courts must frame substantial questions of law in second appeals under Section 100 CPC. For more details on this landmark judgment, see our article on Courts Cannot Compel Plaintiff to Accept Compensation in Lieu of Injunction.

8. Section 115 — Revision

Section 115 confers revisional jurisdiction on the High Court. It is a supervisory power, not an appellate power. The High Court can call for the records of any case decided by a subordinate court to satisfy itself that:

1. The subordinate court has exercised a jurisdiction not vested in it by law (lack of jurisdiction)
2. The subordinate court has failed to exercise a jurisdiction so vested (non-exercise of jurisdiction)
3. The subordinate court has acted in the exercise of its jurisdiction illegally or with material irregularity

Important Limitation: Revision is not appeal. A revisional court cannot reappreciate facts, reweigh evidence, or substitute its own view merely because it disagrees with the lower court's conclusion. The revisional power is limited to checking jurisdictional errors. This principle was strongly reaffirmed by the Supreme Court in Pushpa & Ors. v. Dayawati & Ors. (2026).

In the landmark case of Pushpa v. Dayawati (2026), the Supreme Court held that the Delhi High Court had overstepped its revisional jurisdiction by reassessing the factual matrix and substituting its own interpretation of pleadings. The Court made a particularly telling observation: "The High Court reassessed the factual matrix and substituted its own interpretation of the pleadings, thereby travelling beyond the permissible limits of Section 115 CPC."

9. Section 151 — Saving of Inherent Powers of Court

Section 151 is one of the most powerful provisions in the CPC. It states that nothing in the Code shall be deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.

Scope of Inherent Powers under Section 151:

• To make orders necessary for the ends of justice
• To prevent abuse of the process of court
• To pass interim orders not expressly covered by the Code
• To recall orders passed under mistake or fraud
• To consolidate suits
• To transfer cases

However, inherent powers cannot be exercised if the Code expressly provides a remedy. They are residual in nature and must be used sparingly and with caution.

10. Important Orders Under CPC

The First Schedule of the CPC contains 51 Orders that provide detailed procedural rules. Here are the most important ones:

Order	Subject Matter	Importance
Order I	Parties to Suit	Rules regarding plaintiffs, defendants, joinder of parties, and misjoinder
Order II	Frame of Suit	Rules regarding inclusion of all claims in one suit, splitting of claims
Order VI	Pleadings Generally	Fundamental principles of pleadings — facts, not law; material facts only
Order VII	Plaint	Essential contents of plaint, verification, documents, rejection of plaint
Order VIII	Written Statement	Defendant's defense, time limits, set-off, counter-claim
Order IX	Appearance of Parties and Consequences of Non-Appearance	Ex parte proceedings, setting aside ex parte orders
Order X	Examination of Parties by the Court	First hearing, admission and denial of documents
Order XI	Discovery and Inspection	Interrogatories, discovery of documents, inspection
XII	Admissions	Notice of admissions, judgment on admissions (Rule 6)
Order XIII	Production, Impounding and Return of Documents	Document management during trial
Order XIV	Settlement of Issues and Determination of Suit on Issues of Law or on Issues Agreed Upon	Framing of issues — the roadmap of the trial
Order XVIII	Evidence	Examination of witnesses, cross-examination, re-examination
Order XX	Judgment and Decree	Pronouncement, contents, and drawing up of decrees
Order XXI	Execution of Decrees and Orders	The most important order — modes of execution, attachment, sale
Order XXIII	Withdrawal and Adjustment of Suits	Compromise, withdrawal with liberty to sue afresh
Order XXXVII	Summary Procedure	Special procedure for liquidated money demands
Order XXXIX	Temporary Injunctions and Interlocutory Orders	Injunctions, appointment of receivers
Order XLI	Appeals from Original Decrees	Procedure for first appeals
Order XLII	Appeals from Appellate Decrees	Procedure for second appeals
Order XLVII	Review	Grounds and procedure for review

11. Order VII — Plaint

Order VII contains the rules regarding the institution of suits through the filing of a plaint. A plaint is the foundational document that sets the civil litigation in motion.

Essential Contents of a Plaint (Order VII Rule 1)

• Name of the court where the suit is brought
• Name, description, and place of residence of the plaintiff
• Name, description, and place of residence of the defendant
• Facts constituting the cause of action and when it arose
• Facts showing that the court has jurisdiction
• Relief claimed by the plaintiff
• Value of the subject-matter for jurisdiction and court fees

Essential

Order VII Rule 7 requires that the plaint must contain a specific prayer for the relief sought. This is not a mere formality — it is the foundation of civil justice. The relief clause tells the court exactly what the plaintiff wants, and the court's power is limited to granting or denying that specific relief. For more on this doctrine, see our article on Courts Cannot Compel Plaintiff to Accept Compensation in Lieu of Injunction.

11.1 Rejection of Plaint (Order VII Rule 11)

The court shall reject a plaint in the following circumstances:

Ground	Description
Cause of Action Not Disclosed	Where the plaint does not disclose a cause of action
Relief Undervalued	Where the relief claimed is undervalued and plaintiff fails to correct it within time
Insufficiently Stamped	Where the plaint is insufficiently stamped and plaintiff fails to supply the deficiency
Suit Barred by Law	Where the suit appears from the statement in the plaint to be barred by any law
Not Filed in Duplicate	Where the plaint is not filed in duplicate (where required)
Non-compliance with Statute	Where plaintiff fails to comply with legal requirements for filing

12. Order VIII — Written Statement

Order VIII deals with the defendant's response to the plaint — the written statement. It is the defendant's opportunity to admit, deny, or explain the allegations made by the plaintiff.

Time Limit for Filing Written Statement (Order VIII Rule 1)

The defendant must file a written statement within 30 days of service of summons. The court may grant an extension up to a further 90 days, but not beyond that statutory ceiling. In commercial suits under the Commercial Courts Act, 2015, the outer limit is 120 days and is mandatory.

Time Sensitive

The Supreme Court in July 2026 held that in a commercial suit, a plaintiff must file a written statement to a defendant's counter-claim within the same mandatory outer limit of 120 days prescribed under Order VIII Rule 1 CPC. The Court refused to condone a delay of 238 days, reinforcing strict adherence to timelines in commercial litigation. For more details, see our Supreme Court Monthly Digest: July 2026.

12.1 Consequences of Non-Appearance

Scenario	Court's Power	Remedy for Defendant
No appearance on first date	Ex parte proceedings	Application under Order IX Rule 13
Written statement filed late	May accept with costs or reject	Revision under Section 115 CPC
Defense struck out for non-prosecution	Decree plaintiff's claim	Restoration application with heavy costs

13. Order XXI — Execution of Decrees and Orders

Order XXI is the longest and one of the most important orders in the CPC. It deals with the execution of decrees — the process by which a decree-holder enforces the decree against the judgment-debtor.

Modes of Execution under Order XXI:

• Delivery of Property: Actual delivery of movable or immovable property (Rules 31-36)
• Attachment and Sale: Attachment of property and sale by public auction (Rules 41-57)
• Arrest and Detention: Arrest and detention of judgment-debtor in civil prison (Rules 37-40)
• Appointment of Receiver: For management of property (Rule 43 read with Order XL)
• Payment of Money: Payment of decretal amount (Rules 1-25)

Section 47 of CPC plays a crucial role during execution. It empowers the executing court to decide all questions arising between the parties during execution, saving the parties from filing separate suits. For a complete understanding, read our detailed guide on Section 47 of CPC — Complete Guide.

13.1 Section 47 vs. Order XXI

Aspect	Section 47 CPC	Order XXI CPC
Nature	Substantive provision — power to decide questions	Procedural rules — modes of execution
Scope	Questions relating to execution, discharge, or satisfaction	Mechanics of execution — attachment, sale, delivery
Appealability	No regular first appeal; only revision under Section 115	Appealable as per Section 104 and Order 43
Limitation	12 years from date of decree (Art. 136, Limitation Act)	Same limitation applies

14. Order XXXIX — Temporary Injunctions and Interlocutory Orders

Order XXXIX is one of the most frequently invoked orders in civil litigation. It empowers courts to grant temporary injunctions to preserve the status quo until the final disposal of the suit.

Grounds for Granting Temporary Injunction (Order XXXIX Rule 1)

• Where any property in dispute in a suit is in danger of being wasted, damaged, or alienated
• Where the defendant threatens to remove or dispose of property with intent to defraud creditors
• Where the defendant is about to commit a breach of contract or other injury of any kind

High Priority

14.1 Principles for Granting Injunction

The Supreme Court has laid down the following principles for granting temporary injunctions:

1. Prima Facie Case: The plaintiff must make out a prima facie case in favor of the right claimed
2. Irreparable Injury: The plaintiff must show that he will suffer irreparable injury if the injunction is not granted
3. Balance of Convenience: The balance of convenience must be in favor of the plaintiff

In the landmark case of Rajat Kumar v. S.D. Adarsh Jain Kanya Maha Vidyalaya (2026), the Supreme Court held that plaintiffs have the right to choose their remedy. If they want an injunction, the court must respect that choice and cannot compel them to accept compensation in lieu thereof. Read our full analysis in Courts Cannot Compel Plaintiff to Accept Compensation in Lieu of Injunction.

15. Appeals, Review & Revision — Complete Framework

India's multi-tiered appellate structure ensures that errors can be corrected, though at the cost of prolonged timelines. Here is the complete framework:

Remedy	Provision	Grounds	Time Limit	Forum
First Appeal	Section 96, Order 41	Questions of fact and law; decree passed by original court	30-90 days (varies by state)	High Court or District Court
Second Appeal	Section 100, Order 42	Substantial questions of law only	60 days	High Court only
Review	Section 114, Order 47	Error apparent on face of record; discovery of new evidence	30 days	Same court that passed decree
Revision	Section 115	Jurisdictional error; illegal exercise of jurisdiction; material irregularity	90 days	High Court
SLP	Article 136	Discretionary — special leave to appeal	90 days	Supreme Court
Curative Petition	Supreme Court Rules	Gross miscarriage of justice; violation of natural justice	Discretionary	Supreme Court

For a comparative analysis of how this multi-layered appeal structure differs from arbitration, where appeals are almost non-existent, read our comprehensive guide on Arbitration vs Litigation in India 2026.

16. Recent Developments & 2026 Updates

The civil justice system in India has undergone significant digital transformation in 2026. Here are the key updates:

Digital Transformation in Civil Litigation (2026):

• E-Filing & Virtual Hearings: Mandatory e-filing is now expanded to most District Courts. Virtual hearings through video conferencing have become standard for case management hearings, reducing physical appearance requirements by approximately 60% for procedural matters.
• AI-Powered Case Management: The e-Courts 3.0 project integrates AI for automated cause list generation, smart scheduling to reduce adjournments, preliminary scrutiny of pleadings for defects, and translation of judgments into regional languages.
• Electronic Service: Courts now recognize service through email, WhatsApp, and other messaging platforms where the recipient's identity is verifiable. This has reduced service-related delays from months to days in tech-savvy jurisdictions.

16.1 Recent Supreme Court Judgments on CPC

Case	Citation	Key Principle
Pushpa v. Dayawati	2026 INSC 603	Revisional jurisdiction is supervisory, not appellate; High Court cannot reappreciate facts
Rajat Kumar v. S.D. Adarsh Jain Kanya Maha Vidyalaya	2026	Courts cannot compel plaintiff to accept compensation in lieu of injunction; party autonomy in civil litigation
V.N.A.S Chandran v. S Venila	2026	Specific performance can be denied if there is long delay; hardship to defendant is a recognized factor
Supreme Court Monthly Digest July 2026	Various	Plaintiff must file written statement to counter-claim within 120 days in commercial suits; strict adherence to timelines

For more details on these landmark judgments, explore our Supreme Court Monthly Digest: July 2026 and Specific Performance Can Be Denied if There is Long Delay.

16.2 Summary Suits and Commercial Litigation

Order XXXVII provides for summary procedure in suits based on liquidated demands. The Supreme Court has consistently held that a confirmation of accounts signed by the debtor is sufficient to sustain a summary suit. For a detailed analysis, read our article on Confirmation of Accounts Signed by Debtor Sufficient to Sustain Summary Suit.

17. Conclusion

Mastering the CPC for Effective Civil Litigation

The Code of Civil Procedure, 1908 remains the cornerstone of India's civil justice system. From the institution of a suit through the filing of a plaint, to the final execution of a decree, every stage is meticulously governed by this comprehensive code. Understanding the interplay between sections and orders — such as how Section 47 works with Order XXI during execution, or how Section 115 limits revisional jurisdiction as seen in Pushpa v. Dayawati — is essential for effective legal practice.

As India's civil justice system continues to evolve with digital transformation and progressive judicial interpretation, staying updated with the latest developments is crucial. Whether you are a law student preparing for exams, a practicing advocate handling civil matters, or a litigant seeking justice, a thorough understanding of the CPC is your most valuable asset.

📚 Related Articles on LAW ZONE

Stages of a Civil Suit in Indian Law (2026)

Complete guide from filing to execution

Section 47 of CPC — Complete Guide

Execution proceedings and dispute resolution

Pushpa v. Dayawati (2026)

Landmark judgment on revisional jurisdiction

Arbitration vs Litigation in India 2026

Comparative analysis of dispute resolution

Courts Cannot Compel Plaintiff to Accept Compensation

Understanding equitable remedies under SRA

Specific Performance Can Be Denied if Long Delay

Recent Supreme Court ruling on SRA

Q1: What is the limitation period for filing a civil suit?

The limitation period varies depending on the nature of the suit. For suits based on contracts, the period is generally 3 years. For suits to recover possession of immovable property, it is 12 years. For execution of a decree, it is 12 years from the date of the decree under Article 136 of the Limitation Act, 1963.

Q2: Can a decree be executed after the death of the judgment-debtor?

Yes. Under Section 47(2) CPC, questions relating to the legal representative of a deceased party are decided by the executing court. The decree can be executed against the legal representatives of the deceased judgment-debtor, subject to the limitations prescribed in the Code.

Q3: What is the difference between review and revision?

Review (Section 114, Order 47) is filed before the same court that passed the decree, on grounds of error apparent on the face of the record or discovery of new evidence. Revision (Section 115) is filed before the High Court to correct jurisdictional errors or illegal exercise of jurisdiction by subordinate courts. Review is a corrective power; revision is supervisory.

Q4: Can a civil court entertain a suit if a special tribunal exists?

Generally, no. If a special statute creates a complete machinery for adjudication and provides adequate remedies, civil court jurisdiction is impliedly barred. However, civil courts can still entertain suits challenging the constitutionality of such statutes or where the tribunal has acted without jurisdiction.

Q5: What is the effect of non-appearance by the defendant?

If the defendant fails to appear, the court may proceed ex parte under Order IX. However, the defendant can apply to set aside ex parte proceedings under Order IX Rule 13 by showing sufficient cause for non-appearance. The court has discretion to set aside the ex parte order if sufficient cause is made out.

Disclaimer: This article is for educational and informational purposes only. It does not constitute legal advice. The law is complex and fact-specific. Readers are advised to consult qualified legal professionals for specific cases and to verify all statutory provisions against official government publications. While every effort has been made to ensure accuracy, LAW ZONE does not guarantee the completeness or correctness of the information provided.