Civil Law - CPC, Contract, Property and Limitation
Civil Law in the Delhi Judicial Service examination tests both procedure and substantive doctrine, with the Code of Civil Procedure carrying the heaviest weight. Expect questions that require you to apply a rule to a short fact pattern, not merely recall a definition.
Core rules
- CPC: Section 9 confers jurisdiction; Sections 15-20 fix place of suing. Section 11 bars a second suit on the same matter; Order II Rule 2 bars a claim omitted without leave. Order VI Rule 17 permits amendment; Order XXXIX Rules 1-2 require a prima facie case, irreparable injury and balance of convenience for an injunction.
- Contract: Sections 2(h), 2(d), 10, 23, 56 and 73 are recurring. Damages are compensatory and foreseeable; specific performance is discretionary under the Specific Relief Act.
- Property and limitation: Section 54 of the Transfer of Property Act (sale), Section 58 (mortgage), Section 60 (redemption) and Section 53A (part performance). Limitation extinguishes the remedy, not the right, unless possession becomes adverse.
Worked example
A sues B for ₹5,00,000 principal and omits due interest of ₹50,000 without seeking leave. A later sues for interest on the same loan. The second suit is barred by Order II Rule 2 CPC because the interest arose from the same cause of action and was omitted without leave. A separate suit may proceed only where the omitted relief is not part of the same claim or leave was obtained.
Traps
Do not confuse res judicata (Section 11) with res sub judice (Section 10). Jurisdiction cannot be conferred by consent. A temporary injunction does not decide title. Limitation is generally a mixed question of fact and law and must be pleaded.