Civil Law and Procedure
Civil Law and Procedure asks you to run a suit end-to-end and to know the substantive rules that decide it. AP judicial service papers draw on the Code of Civil Procedure 1908, the Limitation Act 1963, the Specific Relief Act 1963 and general principles of civil liability.
Jurisdiction and institution
- Subject-matter, pecuniary and territorial jurisdiction; s.9 CPC presumes civil courts have jurisdiction unless barred.
- A suit begins with a plaint (Order VII) containing facts, cause of action and relief; court fee follows the relief claimed.
Bars and pleadings
- s.10 res sub judice stays a later suit on the same matter; s.11 res judicata bars it once decided by a competent court.
- Order VI pleadings, Order VIII written statement, set-off and counterclaim; amendment is liberally allowed unless it changes the cause of action.
Interim relief and trial
- Order XXXIX temporary injunction needs prima facie case, irreparable injury and balance of convenience.
- Order XXXVIII attachment before judgment; Order XL receiver.
- Issues are framed under Order XIV; evidence is recorded under Order XVIII.
Decree, execution and appeals
- s.2(2) defines decree; s.2(9) judgment. Execution is under ss.36-74 and Order XXI.
- First appeal s.96; second appeal s.100 only on a substantial question of law; revision s.115; review s.114.
Worked example
A sues B for declaration of title; the suit is dismissed on merits. A files a fresh suit on the same title. The second suit is barred by s.11: the earlier decision was by a competent court, on the same matter, between the same parties, and was final. A's remedy was an appeal, not a fresh suit.
Traps
Do not confuse res sub judice with res judicata; a second appeal is not a rehearing on facts; an order rejecting a plaint is a decree and is appealable; limitation is a mixed question of fact and law and must be pleaded.