WBJS Civil Judge Exam study materials
WBJS Civil Judge Exam study resources

WBJS Civil Judge Exam: Code of Civil Procedure

WBJS Civil Judge Exam · Work through your exam, one topic at a time.

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Code of Civil Procedure

The Code of Civil Procedure tests the lifecycle of a civil suit: jurisdiction, parties, pleadings, trial, interim relief, judgment, appeal, revision and execution. The WBJS paper favours fact-based questions on maintainability and procedural default.

Jurisdiction and suit

A court needs subject-matter, pecuniary and territorial jurisdiction. A decree without jurisdiction is a nullity. Cause of action, joinder of parties and misjoinder are tested. Section 9 CPC confers jurisdiction except where barred; s 10 bars a subsequent suit on the same matter; s 11 codifies res judicata.

Pleadings and amendment

Order VI Rule 17 permits amendment at any stage, but after trial has commenced, the court must be satisfied that the party could not have raised the matter earlier despite due diligence. Order II Rule 2 bars a later suit on a cause of action omitted without leave.

Interim relief

Order XXXIX temporary injunction requires prima facie case, balance of convenience and irreparable injury. A receiver is appointed under Order XL to preserve property. Section 151 preserves inherent powers but cannot be used to override express provisions.

Worked example

P sues for possession and omits a claim for mesne profits arising from the same cause of action. A later suit for mesne profits may be barred by Order II Rule 2 unless leave was obtained. The remedy is not a fresh suit but amendment or leave at the right stage.

Traps

Do not confuse res sub judice with res judicata. Do not use s 151 as an appeal. Do not seek amendment after trial without due-diligence grounds. Do not ignore the distinction between rejection of plaint and rejection of suit.