Section 142 CPC: Orders and Notices to Be in Writing
Section 142 of the Code of Civil Procedure, 1908 (CPC) lays down a basic procedural requirement: orders and notices served on or given to a person under the CPC must be in writing. The rule promotes clarity, accountability and a reliable record of what a court or another authorized actor has communicated.
Section 142 CPC: Statutory text
All orders and notices served on or given to any person under the provisions of this Code shall be in writing.
Meaning of Section 142 CPC
Order: In the CPC, an order is the formal expression of a decision of a civil court which is not a decree (see Section 2(14)). An order within Section 142's scope must be communicated in writing when served on or given to a person under the Code.
Notice: A formal communication that informs a person of a procedural step, requirement, hearing or other matter under the CPC. The applicable provision determines what the notice must contain and how it must be served.
In writing: The requirement concerns the form of the order or notice. It does not, by itself, prescribe one universal method of delivery, prove that service occurred or establish that every electronic communication is legally valid. Those questions depend on the relevant CPC rules, applicable court rules and governing law.
How the written requirement works in practice
Written form and service are separate requirements
Section 142 addresses the requirement of writing. Whether an order or notice has been properly served must be considered separately under the applicable procedural provisions. For example, Order V CPC governs issue and service of summons in suits, while other orders and court rules govern particular notices.
Contents of a written notice
A notice should communicate the matter required by its governing provision clearly enough for its recipient to understand what action or appearance is expected. Any mandatory details, prescribed forms, time limits and modes of service must be checked under the particular rule; Section 142 does not replace those requirements.
Electronic records and electronic service
Electronic documents or communications may be recognized where the relevant law and applicable procedural or court rules permit them. Section 142 should not be read as an independent authorization for service by email, messaging applications or other electronic means in every case.
Why compliance matters
A written record can help establish the terms of an order or notice, support proof of communication and reduce disputes. The consequences of a defect depend on the governing provision, the circumstances, prejudice and applicable judicial decisions; not every irregularity automatically invalidates proceedings.
Related CPC provisions and official sources
Section 141 CPC addresses the application of suit procedure to certain miscellaneous proceedings. Section 143 CPC concerns postage. For summons and service procedures, refer to Order V CPC, and for the statutory definition of an order refer to Section 2(14) CPC.
Read the Code of Civil Procedure, 1908, on the official India Code portal. Relevant High Court rules, State amendments and judicial directions should also be checked for the particular court and proceeding.
Frequently asked questions
What does Section 142 CPC require?
Orders and notices served on or given to a person under the CPC must be in writing.
Does Section 142 prescribe how notices must be served?
No. It prescribes written form; service methods and other procedural requirements come from the applicable CPC provisions and court rules.
Can an oral communication replace a written CPC notice?
Where Section 142 applies, an oral communication alone does not satisfy its requirement that the order or notice be in writing.
Does Section 142 automatically permit notice by email?
No. The validity of electronic service depends on applicable law, rules and court directions.
General legal information only. Verify the current CPC text, local amendments and court-specific rules before relying on any particular mode of service.