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Civil Judge Prelims study materials
Civil Judge Prelims study resources

Civil Judge Prelims: Code of Civil Procedure

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

All guide sections

Code of Civil Procedure

What the exam tests

CPC questions test the architecture of a civil suit: jurisdiction, institution, pleadings, trial, judgment, execution and appeals. You must know both the section and the Order/Rule, because options often differ only by provision.

Core framework

  • Section 9: every civil suit is triable by the civil court unless expressly or impliedly barred.
  • Sections 15-20: territorial jurisdiction turns on the defendant's residence, cause of action, or location of property; section 21 makes pecuniary jurisdiction objections time-sensitive.
  • Section 10 (res sub judice) stays a later suit; section 11 (res judicata) bars a fresh suit on the same matter already decided.
  • Order VI governs pleadings; Order VII plaint; Order VIII written statement, set-off and counterclaim; Order XIV issues.
  • Order XXXIX temporary injunction has three limbs: prima facie case, balance of convenience, irreparable injury; Order XXXVIII is attachment before judgment.
  • Section 100 second appeal lies only on a substantial question of law; section 115 revision is supervisory, not an appeal.

Worked example

A files a money suit in a court with insufficient pecuniary jurisdiction. B appears and contests on merits but never objects to pecuniary jurisdiction. The decree goes against B, who raises the objection in appeal. Under section 21 CPC, the objection cannot succeed unless B took it at the earliest opportunity and shows prejudice. The appellate court will not set aside the decree for want of pecuniary jurisdiction alone. Reasoning: section 21 is a waiver rule designed to prevent belated technical objections.

Traps

Do not confuse res judicata with res sub judice; section 11 needs a prior final decision, section 10 needs a pending suit. Do not treat section 115 as a second appeal. Order XXXIX requires all three limbs, not just a strong case. A section 80 notice against government is mandatory, but urgent interim relief can be sought without notice. Execution is separate from the suit; the decree-holder must apply under Order XXI.