Skip to main content
Home
Prateek's Blog

Main navigation

  • Home
  • Books
User account menu
  • Log in

Breadcrumb

  1. Home
  2. Civil Procedure Code 1908

Common Terms Used in CPC

By Prateek Kher , 8 August, 2025

Plaint (वादपत्र)

The first step in a civil lawsuit, a plaint is a formal document filed in court when a person believes their civil rights have been violated. The person who files it is known as the Plaintiff.

Suit (मुकदमा) (वाद)

Once a plaint is accepted by the court, the legal process that follows is called a suit. It's the official legal action taken to resolve a dispute between parties in a civil court.

Defendant (प्रतिवादी)

The party against whom a plaint is filed. Their official response to the plaint is called a Written Statement.

Cause of Action

The fundamental reason for a lawsuit. It's the set of facts that give the plaintiff the right to seek legal remedies, based on the specific legal rights they claim were violated.

Parties

The two main people involved in a civil suit: the Plaintiff, who starts the suit, and the Defendant, who is being sued.

Application

A formal request to the court for a specific order. The person making the request is the Applicant, and the person it's made against is the Respondent.

Petition

A formal written appeal to a court. The person filing it is the Petitioner, and the person against whom it's filed is the Respondent.

Appeal

When a losing party asks a higher court to review a lower court's decision. The person filing the appeal is the Appellant, and the opposing party is the Respondent.

Execution

The process of enforcing a court's final judgment, known as a Decree. The Decree Holder applies to the court to make the Judgement Debtor comply with the decree.

Subject Matter of Suit

The core issue of the lawsuit. This can be categorized as:

  • Proprietary Suits: Related to property.
  • Pecuniary Suits: Related to money.
  • Personal Suits: Related to personal interests like defamation.

Merit of the Case

The substance and quality of the case itself. This is what the court evaluates after hearing arguments and reviewing evidence from both sides.

Issues (Settlement / Framing)

The specific points of disagreement that the court needs to resolve. The court will identify and frame these issues, which will then guide the rest of the trial. Points of agreement between the parties are considered settlements.

Title of Parties

The legal relationship between the parties and the subject matter of the suit.

Remedy and Relief

The resolution or compensation the plaintiff is seeking from the court. It can be a General Relief (e.g., money or damages) or a Specific Relief (a court order for a specific action to be taken or stopped).

Book traversal links for Common Terms Used in CPC

  • ‹ Body of Code CPC
  • Up
  • Historical Background - CPC ›

Book navigation

  • Basic Introduction - CPC
  • Body of Code CPC
  • Common Terms Used in CPC
  • Historical Background - CPC
  • Line of Operations of CPC, 1908
RSS feed
Powered by Drupal