Haryana Civil Judge (Jr Div) study materials
Haryana Civil Judge (Jr Div) study resources

Haryana Civil Judge (Jr Div): Civil Procedure Code, 1908

Haryana Civil Judge (Jr Div) · Work through your exam, one topic at a time.

All guide sections

Civil Procedure Code, 1908

Civil Procedure Code, 1908 tests how a civil suit moves from jurisdiction to execution. Expect questions on pleadings, interim orders, trial, appeals and the limits of inherent power under s.151.

Jurisdiction and pleadings

A civil court tries suits of a civil nature unless expressly barred (s.9). Section 10 stays a later suit on the same matter; s.11 bars a fresh suit where the former suit was decided on merits by a competent court. Order VII governs the plaint, and Order VIII the written statement. Order II r.2 requires the plaintiff to include the whole claim arising from one cause of action unless the court gives leave.

Interim and trial powers

Order XXXIX rr.1-2 temporary injunction requires prima facie case, irreparable injury and balance of convenience. Order XXXVIII r.5 attachment before judgment needs satisfaction that the defendant may dispose of property to defeat a decree. Amendment is under Order VI r.17; amendment that changes the nature of the suit is refused.

Worked example

P sues for possession and omits mesne profits. A second suit for the omitted relief is generally barred by Order II r.2. If P had sought leave to sue separately, the bar does not apply. The reason is that the rule prevents splitting one cause of action, not that the first decree is res judicata on every later claim.

Traps

Consent cannot create jurisdiction. Section 80 notice is a condition precedent for suits against government, with urgent-relief exceptions. Res judicata needs a prior decision on merits, not merely dismissal for default.