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CPC Format India - Decrees, Orders & Execution

The Civil Procedure Code (CPC), 1908 governs the process of every civil suit in India - from issuing summons to passing decrees and executing them. This page covers court-process documents: decrees, orders, summons, warrants, execution petitions, attachment, and proclamations under the CPC. Download free CPC formats for decrees, execution, and court orders, ready for court use.

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What is Civil Procedure Code?

The Code of Civil Procedure, 1908 (CPC) is the principal procedural law that regulates the conduct of civil suits and proceedings in India. It does not create substantive rights; instead, it lays down the machinery by which civil rights are enforced through the courts. The CPC is divided into two parts - the body (Sections 1 to 158) dealing with substantive procedural matters, and the First Schedule (Orders I to LI) containing the detailed rules.

While "pleadings" (the plaint and written statement filed by the parties) are governed by Orders VI to VIII, this collection focuses on the court-process documents generated during a suit - those that the court issues or passes.

Key provisions include Order V (summons), Order XX (judgment and decree), Order XXI (execution of decrees - the longest Order in the CPC), Order XXVI (commissions), Order XXXVIII (arrest and attachment before judgment), Order XXXIX (temporary injunctions), Order XL (receivers), and Order XXXIV (suits relating to mortgages). Execution under Order XXI covers attachment, sale, arrest, warrants, and prohibitory orders.

The CPC also governs appeals (Sections 96 to 112), reference (Section 113), review (Section 114), and revision (Section 115). All decrees, orders, and process documents form part of the court record and are admissible under the Bharatiya Sakshya Adhiniyam, 2023.

When This Format Required?

Commencement - issue of summons to the defendant under Order V and summons to witnesses under Order XVI.

Interim stage - temporary injunctions (Order XXXIX), attachment before judgment (Order XXXVIII), appointment of a receiver (Order XL), and commissions (Order XXVI).

Decision - pronouncement of judgment and drawing up of preliminary or final decrees under Order XX and Order XXXIV.

Enforcement - execution petitions, attachment, sale, arrest, warrants, and prohibitory orders under Order XXI.

Appellate stage - memorandum of appeal, cross-objections, stay orders, and decrees in appeal under Sections 96 to 112.

Review and revision - applications and orders under Sections 114 and 115 of the CPC, 1908.

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Quick Overview

The Civil Procedure Code, 1908 is the procedural law governing civil litigation in India. It is divided into 158 Sections and 51 Orders in the First Schedule, covering jurisdiction, summons, decrees (Order XX), execution (Order XXI), attachment (Order XXXVIII), receivers (Order XL), commissions (Order XXVI), and appeals (Sections 96–112). Court fees apply under the State Court Fees Act. Documents run 1–10 pages.

Step-by-Step Guide

  1. 1

    Institution and Summons (Order V)summons

    Once a suit is instituted, the court issues to the defendant under Order V to appear and answer the claim, with prescribed modes of service including substituted service.

  2. 2

    Framing of Issues and Trialsummons to witnesses

    After pleadings, the court frames issues under Order XIV and proceeds to trial, issuing under Order XVI and orders for production of documents under Order XI.

  3. 3

    Judgment and Decree (Order XX)judgmentdecree

    After hearing, the court pronounces and draws up a under Order XX - preliminary or final - clearly specifying the relief granted, the parties, and costs.

  4. 4

    Execution of Decree (Order XXI)execution petitionattachmentsalearrest and detentionwarrantsprohibitory orders

    If the judgment-debtor does not comply, the decree-holder files an under Order XXI. The court may order of property, , , or issue and to enforce the decree.

  5. 5

    Interim and Protective Orderstemporary injunctionsattachment before judgmentreceivercommissions

    During the suit, the court may pass (Order XXXIX), (Order XXXVIII), appoint a (Order XL), or issue for local investigation or examination of witnesses (Order XXVI).

  6. 6

    Appeals, Review, and Revisionappealreviewrevisional jurisdiction

    A party aggrieved by a decree may file an (Sections 96 and 100), seek (Section 114), or invoke the High Court's (Section 115). The appellate court may issue notices, stay orders, and its own decree in appeal.

Types of Civil Procedure Code

Decrees (Order XX & Order XXXIV)

Preliminary and final decrees in original suits, appeals, foreclosure, sale, redemption, partition, and administration suits under Order XX and Order XXXIV of the CPC, 1908.

Execution Petitions & Orders (Order XXI)

Applications and orders for execution of decrees, attachment and sale of property, arrest, warrants, and certificates of execution under Order XXI of the CPC, 1908.

Summons & Notices (Orders V, XVI)

Summons for disposal of suit, settlement of issues, appearance in person, summons to witnesses, and notices to parties, sureties, and creditors under the CPC, 1908.

Attachment, Injunction & Receiver Orders

Attachment before judgment (Order XXXVIII), prohibitory orders, temporary injunctions (Order XXXIX), and appointment of receivers (Order XL) with security bonds.

Warrants & Commissions

Warrants of arrest, attachment, committal, and seizure in execution, and commissions for local investigation, partition, and examination of absent witnesses under Order XXVI.

Appeals, Review & Revision Documents

Memorandum of appeal, cross-objections, decrees in appeal, notices to respondents, and orders on review (Section 114) and revision (Section 115) of the CPC, 1908.

Disclaimer: This template is provided for general informational and drafting reference purposes only. It does not constitute legal advice. Stamp duty, registration, and procedural requirements may vary by state. Consult a qualified advocate before executing or filing any legal document. For more details, see our Disclaimer.