Civil Procedure Code, 1908
The CPC paper in the Bihar Civil Judge examination tests classification more than memory: is the proceeding a suit, an appeal, a revision or an execution application? Which court has jurisdiction, and at what stage can a defect be cured?
Core rules
- Jurisdiction is of three kinds: pecuniary (governed in Bihar by the Bihar Civil Courts Act, 1882), territorial (ss.15 to 20) and subject-matter. Only subject-matter jurisdiction can be challenged at any stage; an objection to place of suing, including pecuniary jurisdiction, must be taken in the court of first instance at the earliest opportunity, and at or before settlement of issues (s.21).
- Section 10 bars a second suit on the same subject matter between the same parties in a court of concurrent jurisdiction; section 11 res judicata bars re-agitation of a matter directly and substantially in issue and finally decided by a competent court.
- Order 6 Rule 17 permits amendment at any stage; refusal is warranted where the amendment is mala fide, seeks to introduce a time-barred claim, or changes the nature of the suit.
- Order 39 Rules 1 and 2 require a prima facie case, irreparable injury and balance of convenience; Order 39 Rule 3 requires reasons in the order itself.
- Second appeal under s.100 lies only on a substantial question of law, which the High Court must formulate.
Worked example
A suit valued at Rs.5 lakh is instituted in the Munsif court though the plaint itself values the relief higher. The defendant takes no objection and raises pecuniary jurisdiction for the first time in appeal. Section 21 bars the appellate court from allowing the objection, because it concerns place of suing and was not taken at the earliest opportunity. Had the court lacked subject-matter jurisdiction, the objection would have succeeded at any stage.
Traps
Decree and order are conflated; s.115 revision is described as available despite an appeal lying; Order 2 Rule 2 (joinder of claims) is confused with Order 1 (joinder of parties); and students forget that an ex parte decree is set aside under Order 9 Rule 13, not by appeal alone.