Section 141 of The Code of Civil Procedure, 1908
Miscellaneous proceedings.
The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction. 1[Explanation.— In this section, the expression "proceedings" includes proceedings under Order IX, but does not include anyproceedings under article 226 of the Constitution.]
Summary
- This section ensures that the standard rules for lawsuits are followed in all other civil court proceedings.
- It makes suit procedures applicable to various miscellaneous legal actions handled by civil courts.
- This includes rules for when a party fails to show up for a court date.
- It specifically excludes proceedings involving High Court orders regarding constitutional rights.
Practical examples
FAQ
1. Do suit rules apply to all court cases under Section 141 of The Code of Civil Procedure, 1908?
Yes, the procedure for suits is followed as far as possible in all civil jurisdiction proceedings.
2. Does Section 141 of the Civil Procedure Code apply to High Court writ cases?
No, the law clarifies that it does not include proceedings under Article 226 of the Constitution.
3. What specific procedures are mentioned in the notes for Section 141?
The section notes that it includes proceedings related to the appearance and non-appearance of parties.
Test yourself
1.Under Section 141 of The Code of Civil Procedure, 1908, procedures for which of the following are applied to miscellaneous proceedings?
2.According to Section 141 of the Civil Code, which specific area of the law is excluded from these procedural rules?
3.Under Section 141 of the Civil Procedure Code, how far should suit procedures be followed in other civil matters?
4.Does Section 141 of The Code of Civil Procedure, 1908, cover rules about parties not attending court?