Civil Law and Procedure
This section tests the Code of Civil Procedure, 1908, the Limitation Act, 1963 and the substantive civil rules that accompany them. Expect questions on jurisdiction, parties, pleadings, interim relief, trial, decree, execution and appeal.
Jurisdiction and suit
- Subject-matter, pecuniary and territorial jurisdiction are distinct; a decree without subject-matter jurisdiction is a nullity.
- Section 16 CPC: suits for possession or partition of immovable property generally lie where the property is situate.
- Section 80 CPC: two months' notice before suing the government or a public officer, with limited urgency exceptions.
Pleadings and interim relief
- Order VII Rule 11: rejection of plaint for no cause of action, barred suit or undervaluation.
- Order XXXIX Rules 1-2: temporary injunction requires a prima facie case, irreparable injury and balance of convenience.
- Order XXXVIII: attachment before judgment needs evidence of intent to obstruct execution.
Judgment, decree and review
- A decree decides rights; an order decides a procedural matter. Appeals lie from decrees; revision under Section 115 is limited.
- Res judicata under Section 11 bars a second suit on the same matter between the same parties; res sub judice under Section 10 stays the later suit.
Worked example
A sues B for a permanent injunction against construction. A shows a registered sale deed, but B shows long possession and municipal approval. For interim relief the court does not conduct a full title trial; it asks whether A has a prima facie case, whether construction would cause irreparable injury, and where the balance of convenience lies. If A's title is doubtful and B's approval is genuine, injunction may be refused while the suit proceeds. Reasoning: interim relief protects the status quo, not final title.
Traps
- Treating mutation or municipal approval as conclusive title.
- Missing limitation: a time-barred suit can be dismissed even if the defence does not plead it, when limitation is apparent.
- Confusing rejection of plaint with dismissal for default.