Rule 1 of CPC : Rule 1: Application of the Order.

Explanation using Example

Example 1:

Scenario: Ramesh and Sita are married, but due to irreconcilable differences, they decide to file for a divorce. Ramesh files a suit for matrimonial relief under Order XXXIIA of the Code of Civil Procedure, 1908.

Application: This suit falls under Rule 1(2)(a) as it is a proceeding for matrimonial relief. The court will apply the provisions of Order XXXIIA to handle the case, ensuring that the process is in accordance with the rules laid out for family matters.

Example 2:

Scenario: Priya, a minor, lost her parents in an accident. Her uncle, Rajesh, files a suit for guardianship to become her legal guardian and take custody of her.

Application: This suit falls under Rule 1(2)(c) as it is a proceeding in relation to the guardianship of a minor. The court will apply the provisions of Order XXXIIA to determine the best interests of Priya and decide on the guardianship accordingly.

Example 3:

Scenario: Anil and Sunita are disputing the legitimacy of their cousin, Ravi, who claims a share in the family property. Anil files a suit for a declaration as to the legitimacy of Ravi.

Application: This suit falls under Rule 1(2)(b) as it is a proceeding for a declaration as to the legitimacy of a person. The court will apply the provisions of Order XXXIIA to resolve the dispute regarding Ravi's legitimacy.

Example 4:

Scenario: Meera, a widow, files a suit for maintenance against her in-laws who have refused to support her financially after her husband's death.

Application: This suit falls under Rule 1(2)(d) as it is a proceeding for maintenance. The court will apply the provisions of Order XXXIIA to determine Meera's entitlement to maintenance and the amount to be provided by her in-laws.

Example 5:

Scenario: Rohit, an adopted child, files a suit to challenge the validity of his adoption after discovering discrepancies in the adoption process.

Application: This suit falls under Rule 1(2)(e) as it is a proceeding as to the validity or effect of an adoption. The court will apply the provisions of Order XXXIIA to examine the legality of Rohit's adoption and make a ruling.

Example 6:

Scenario: After the death of their father, siblings Arjun and Kavita are in dispute over the distribution of his estate. Arjun files a suit relating to the will and succession.

Application: This suit falls under Rule 1(2)(f) as it is a proceeding relating to wills, intestacy, and succession. The court will apply the provisions of Order XXXIIA to resolve the dispute and ensure the estate is distributed according to the will or the law of succession.

Example 7:

Scenario: Ayesha and her brother are in conflict over the interpretation of their personal law regarding family property. Ayesha files a suit to resolve the matter.

Application: This suit falls under Rule 1(2)(g) as it is a proceeding relating to a matter concerning the family in respect of which the parties are subject to their personal law. The court will apply the provisions of Order XXXIIA to interpret the personal law and resolve the dispute.