Civil Procedure and Limitation
Civil Procedure Code, 1908
Know the structure of a civil suit: parties, plaint, written statement, framing of issues, evidence, judgment and decree. Understand jurisdiction (territorial and pecuniary), res judicata (Section 11), res sub judice (Section 10), and the rule that a suit must be instituted where the cause of action arises or the defendant resides.
Pleadings and Amendments
Pleadings must state material facts, not evidence. Know the rules on amendment of pleadings (Order VI Rule 17), the difference between a plaint and a written statement, and the consequences of non-compliance with procedural rules. Study the provisions on set-off, counterclaim, and the examination of parties.
Interim Relief and Execution
Revise temporary injunctions (Order XXXIX), attachment before judgment, appointment of receivers, and the execution of decrees (Order XXI). Know the difference between a decree and an order, and the remedies of appeal, review and revision.
Limitation Act, 1908
Limitation bars the remedy, not the right. Know the general rule (three years for contracts and torts unless otherwise provided), the special periods for suits relating to land, and the doctrines of acknowledgment and part payment, which restart the limitation period. Understand the effect of legal disability, fraud and mistake on limitation.
Traps
Examiners test whether limitation is a question of fact or law, whether a time-barred suit can be dismissed at any stage, and the distinction between res judicata and res sub judice. Another trap is the treatment of a plaint rejected for want of jurisdiction.
Rule of Thumb
For any civil suit, check: jurisdiction, cause of action, limitation, and whether the matter is already decided or pending. If limitation is doubtful, identify the article in the Limitation Act and consider acknowledgment or part payment.