Civil Law and Civil Procedure
Civil Law and Civil Procedure tests your command of substantive civil law (contract, torts, property, family and limitation) and the Code of Civil Procedure, 1908, as applied in Karnataka through the Karnataka Civil Rules of Practice, 1967.
Core rules
- Section 9 CPC: civil courts try all suits of a civil nature unless expressly or impliedly barred.
- Section 11 res judicata: a matter directly and substantially in issue in a former suit, decided by a competent court, cannot be relitigated between the same parties.
- Pleadings under Order 6 state material facts, not evidence; Order 7 prescribes plaint contents; Order 8 covers the written statement, set-off and counterclaim.
- Interim reliefs: Order 39 temporary injunction, Order 38 attachment before judgment, Order 40 receiver.
- Appeals: decrees under s.96; orders only if listed in Order 43; revision under s.115; inherent power under s.151.
Worked example
A sues B for possession. B earlier sued A for a declaration that B is owner; that suit was dismissed for default, not on merits. B pleads res judicata. Reasoning: dismissal for default is not a decision on merits, and s.11 requires a former suit decided on merits. The plea fails. Had the earlier suit been dismissed after trial, the title issue would be barred.
Traps
- Treating a mutation entry or revenue record as title.
- Filing an appeal against a non-appealable order instead of a revision.
- Ignoring limitation and suit valuation, which affect jurisdiction and court fee.
- Confusing a decree under s.2(2) with an order under s.2(14).