Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

Trial, Evidence, Judgment and Decree under the CPC

Updated 11 October 2026 · Fact-checked

A civil trial under the CPC runs from hearing of the suit and examination of witnesses to the judgment, which states the Court's reasons, and then the decree, which formally records the rights decided. While the suit is pending, the Court can pass interim orders such as arrest, attachment, injunction or a receiver under Section 94.

Understand Trial, Evidence, Judgment and Decree

A civil suit does not end when the plaint is filed. After the pleadings, the Court frames issues, hears the parties, records evidence, and then decides. This stage is the trial. In your answer, always follow this order: hearing, evidence, judgment, decree.

During the hearing, each side opens its case and leads evidence. Witnesses are examined on oath. Each witness is first examined by the side that calls him, then cross-examined by the other side, then re-examined if needed. Adjournments are granted only for good reason, because delay defeats the purpose of a trial. Treat this as the general principle of the CPC. For the exact number of adjournments and the cost provisions, rely on your study material.

A suit can take years. The defendant may sell his property or the plaintiff may lose his rights in the meantime. Section 94 therefore lets the Court, to prevent the ends of justice from being defeated, make interim (supplemental) orders where the rules prescribe them. These are: a warrant to arrest the defendant to show cause why he should not give security for appearance; a direction to furnish security to produce property, or attachment of property; a temporary injunction; appointment of a receiver; and any other interlocutory order that appears just and convenient.

Interim orders are a weapon, and the law guards against their misuse. Under Section 95, if the arrest, attachment or injunction was applied for on insufficient grounds, or the suit fails and there were no reasonable or probable grounds for instituting it, the defendant may apply for compensation. The amount cannot exceed fifty thousand rupees and cannot exceed the Court's pecuniary jurisdiction. The order on that application bars a separate suit for compensation.

After the hearing, the Court pronounces its judgment, which contains the reasons for the decision. The decree follows the judgment and formally states the relief granted and the rights of the parties. Learn the difference. A judgment is the reasoned statement. A decree is the formal expression of the adjudication, and execution is based on it.

Key rules to remember

Section 94 interim orders: Arrest before judgment | Attachment before judgment / security | Temporary injunction | Receiver | Other interlocutory orders; The Court may make these only if so prescribed (by the rules), to prevent the ends of justice from being defeated.
Compensation for wrongful interim relief (Section 95): Insufficient grounds for the order OR suit fails with no reasonable or probable grounds → compensation ≤ ₹50,000; The Court cannot exceed its pecuniary jurisdiction. Compensation covers expense or injury, including injury to reputation. The order bars a separate suit.
Examination order of a witness: Examination-in-chief → Cross-examination → Re-examination; Examination-in-chief is by the party calling the witness; cross-examination by the opposite side.
Transfer and withdrawal (Section 24): High Court or District Court may, at any stage, transfer or withdraw a suit, appeal or proceeding; It can act on a party's application after notice, or on its own motion without notice. A suit can be transferred from a Court that has no jurisdiction to try it.
Exemption from arrest (Section 135): Parties, pleaders, agents and witnesses attending a tribunal are exempt from arrest under civil process; Exemption applies while going to, attending and returning, but a judgment-debtor cannot claim it against immediate execution or when showing cause why he should not be committed to prison.
Judgment and decree: Judgment = reasons | Decree = formal expression of the adjudication; The decree follows the judgment and is the basis of execution.

How to solve Trial, Evidence, Judgment and Decree questions

Use this method for any question on trial, interim orders, judgment or decree.

1Identify the stage: hearing, evidence, interim relief, judgment or decree.
2State the provision in plain words, citing the section (for example Section 94 or 95) where it matters.
3List the conditions that must be met, such as 'if so prescribed' or 'insufficient grounds'.
4Apply the conditions to the facts, one by one, using names and rupee amounts from the question.
5Check limits: the ₹50,000 cap and the pecuniary jurisdiction under Section 95, and the exemptions under Section 135.
6Write a clear conclusion that answers the exact question asked.

Quickest way: Stage-and-section check

When to use it: Use this when you have little time and the question is a short problem or a short note.

Write the stage of the suit in one line.
Name the section that governs it (94 for interim orders, 95 for compensation, 24 for transfer, 135 for arrest exemption).
Write the condition and the limit in one line each.
Apply to the facts in two or three lines and conclude.

Common mistakes in Trial, Evidence, Judgment and Decree

Saying the Court can always grant interim orders under Section 94.
Students remember the list of orders but forget the words 'if it is so prescribed'.
Fix: State that the power is exercised where the rules prescribe it, and for the purpose of preventing the ends of justice from being defeated.
Stating the Section 95 compensation cap as ₹1,000.
Old books and notes carry the earlier figure.
Fix: Write 'not exceeding fifty thousand rupees', and add that the Court cannot exceed its own pecuniary jurisdiction.
Awarding compensation under Section 95 only when the suit fails.
Students read only clause (b).
Fix: Remember two grounds: the interim relief was sought on insufficient grounds, or the suit failed with no reasonable or probable grounds.
Treating judgment and decree as the same thing.
In daily speech both mean the final outcome.
Fix: Write that the judgment gives the reasons and the decree is the formal statement of the adjudication that follows it.
Saying a judgment-debtor is always exempt from arrest while attending Court.
Students stop reading Section 135 after sub-section (2).
Fix: Add Section 135(3): no exemption against an order for immediate execution, or when attending to show cause why he should not be committed to prison in execution of a decree.

Worked examples

Example 1

Mehta Traders sued Ravi Enterprises and obtained a temporary injunction restraining Ravi from selling its godown. The Court later found that the injunction was applied for on insufficient grounds. Ravi suffered a loss to his reputation and expenses of ₹80,000. Can Ravi get compensation? Up to what amount?

Show the solution

Provision: Section 95 allows compensation where an arrest, attachment or temporary injunction was applied for on insufficient grounds.
Condition: The Court has found the injunction was applied for on insufficient grounds, so clause (a) is satisfied.
Procedure: Ravi must apply to the Court, and the Court may award what it considers reasonable compensation for the expense or injury, including injury to reputation.
Limit: The amount cannot exceed fifty thousand rupees and cannot exceed the Court's pecuniary jurisdiction, even though Ravi's expenses are ₹80,000.
Bar: The order on the application bars any separate suit for compensation for that injunction.

Answer: Yes. Ravi can apply under Section 95 and may be awarded reasonable compensation, but not more than ₹50,000, and within the Court's pecuniary jurisdiction. The order bars a later suit for compensation.

Example 2

Write a short note on the interim orders a Court may make under Section 94 of the CPC to prevent the ends of justice from being defeated.

Show the solution

Introduction: Section 94 gives the Court supplemental powers, exercised if so prescribed, so that the ends of justice are not defeated before final decision.
Arrest: the Court may issue a warrant to arrest the defendant to show cause why he should not give security for his appearance, and commit him to civil prison if he fails to comply with an order for security.
Property: it may direct the defendant to furnish security to produce property and place it at the Court's disposal, or order attachment.
Injunction: it may grant a temporary injunction, and on disobedience commit the person guilty to civil prison and order attachment and sale of his property.
Receiver: it may appoint a receiver of any property and enforce his duties by attaching and selling his property.
Residuary: it may make other interlocutory orders that appear just and convenient.
Safeguard: if such relief was sought on insufficient grounds, Section 95 allows compensation to the defendant.

Answer: Under Section 94 the Court may order arrest before judgment, security or attachment, a temporary injunction, appointment of a receiver, and other just and convenient interlocutory orders, where so prescribed. Section 95 protects the defendant against wrongful use of these powers.

Exam tips

Learn the five heads of Section 94 in order, and write them as a numbered list in a note.
Always pair Section 94 with Section 95. Examiners like the power and its safeguard in the same answer.
In problem questions, quote the ₹50,000 cap and the pecuniary jurisdiction limit, then compare with the loss in the facts.
Define judgment and decree in one line each, and keep the order of the trial stages clear.
Use the ICSI style: provision, facts, conclusion. Keep the conclusion to one clear sentence.

Practice questions from Law relating to Civil Procedure

Trial, Evidence, Judgment and Decree: frequently asked questions

What are the main stages of a civil trial under the CPC?

The Court hears the parties, records the evidence of witnesses, and then pronounces its judgment. A decree follows the judgment. Interim orders may be made at any time while the suit is pending.

What interim orders can a Court pass before judgment?

Under Section 94 the Court may order arrest of the defendant to show cause why he should not give security, direct security or attachment of property, grant a temporary injunction, appoint a receiver, or pass other just and convenient interlocutory orders. This applies where the rules so prescribe.

Can a defendant claim compensation if an injunction was wrongly obtained?

Yes, under Section 95, if the injunction, arrest or attachment was applied for on insufficient grounds, or the suit fails with no reasonable or probable grounds. The amount cannot exceed ₹50,000 or the Court's pecuniary jurisdiction.

What is the difference between a judgment and a decree?

A judgment contains the Court's reasons for its decision. A decree is the formal expression of the adjudication that follows the judgment, and it is what is executed.

Can a suit be moved from one Court to another during the trial?

Yes. Under Section 24 the High Court or the District Court may, at any stage, transfer or withdraw a suit, appeal or other proceeding. It can act on a party's application after notice, or on its own motion.