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Section 142: Orders and notices to be in writing

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 141 All 158 Sections of Code of Civil Procedure Section 143

Legal Commentary & Landmark Judgments: Section 142

Section 142 mandates that all orders and notices served on or given to any person under the provisions of the CPC shall be in writing.

  • Mandatory Written Form: All orders and notices served on or given to any person under the provisions of this Code shall be in writing.
  • Bar on Oral Judicial Notices: Judicial orders, summons, and notices to quit cannot be communicated orally.
  • Statutory Paper Trail: Ensures accountability, verifiable service dates, and accurate calculation of limitation for appeals.
Key Landmark Precedents:
  • State of U.P. v. Babu Ram Upadhya, AIR 1961 SC 751: The Supreme Court noted that Section 142 enforces procedural regularity by requiring all judicial commands to be reduced to writing.
  • Kailash v. Nanhku, (2005) 4 SCC 480: Affirmed that written orders under Section 142 are essential to sustain contempt or execution.
Courtroom Practice & Strategic Litigation Guidance:

Insist on certified written copies of any procedural direction or notice issued by the court; an oral observation made from the bench carries no legal force under Section 142.

Section 141 All 158 Sections of Code of Civil Procedure Section 143