Code of Civil Procedure, 1908 - Pleadings, Jurisdiction, Suits, Appeals and Execution
Four gates the examiner tests
CPC questions cluster around jurisdiction, pleadings, appealability and execution. Stems often quote a section or order number and ask which order follows.
Jurisdiction and institution
Section 9 confers jurisdiction over suits of a civil nature; Section 6 fixes pecuniary limits; Sections 15 to 20 fix territorial limits (defendant's residence, suit property, cause of action). Section 10 (res sub judice) stays a later suit on the same matter; Section 11 (res judicata) bars it after final decision. These are different operations, not synonyms. Section 80 requires two months' notice before suing the Government, with urgent relief available under sub-section (2).
Pleadings
Order VI demands material facts, not evidence. Rule 17 amendment is liberally allowed but cannot be used to introduce a claim barred by limitation or to defeat an accrued right. Order VII Rule 11 rejection lies on four grounds only; a weak or unlikely case is not a ground. Order VIII Rules 6 and 6A distinguish legal set-off (ascertained sum, mutual debts) from counterclaim (may exceed the plaint claim). Order II Rule 2 bars a second suit on a claim relinquished or omitted.
Appeals, revision and execution
Section 96 is the first appeal; Section 100 allows a second appeal only where a substantial question of law arises. Section 115 revision requires that no appeal lies and that the order be a case decided. Order XXI governs execution; Section 47 covers disputes between parties arising in execution.
Rule of thumb
Ask first: is an appeal provided? If yes, Section 115 is shut. Then ask whether the order touches the decision of the suit.