Civil Judge Examination Civil Law-II Syllabus

Civil Law-II syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Civil Law-II in Civil Judge Examination, not a summary of it.

1. 1

   Code of Civil Procedure, 1908 - Structure

   3 topics

   • Jurisdiction of Civil Courts
   • Institution of Suits
   • Pleadings
2. 2

   Code of Civil Procedure - Trial and Decree

   4 topics

   • Issues, Summoning and Examination of Witnesses
   • Judgment and Decree
   • Interest and Costs
   • Execution of Decrees
3. 3

   Code of Civil Procedure - Appeals and Review

   3 topics

   • Appeals from Original and Appellate Decrees
   • Reference, Review and Revision
   • Inherent Powers under Section 151
4. 4

   Code of Civil Procedure - Orders

   4 topics

   • Temporary Injunctions and Interlocutory Orders (Order XXXIX)
   • Appointment of Receivers (Order XL)
   • Summary Procedure (Order XXXVII)
   • Arrest and Attachment before Judgment
5. 5

   Court Fees Act, 1870

   3 topics

   • Computation of Court Fees
   • Ad Valorem and Fixed Fees
   • Refund and Recovery of Court Fees
6. 6

   Suits Valuation Act, 1887

   2 topics

   • Valuation of Suits for Jurisdiction
   • Valuation for Court Fee Purposes
7. 7

   Punjab Land Revenue Act, 1967

   4 topics

   • Record of Rights and Mutation
   • Revenue Officers and Their Powers
   • Partition of Land
   • Appeals, Review and Revision in Revenue Matters
8. 8

   Transfer of Property Act, 1882

   3 topics

   • Sale, Mortgage and Lease
   • Gift and Exchange
   • Doctrine of Part Performance

Civil Law-II flashcards for Civil Judge Examination

24 of 67 cards from the Civil Law-II deck — real questions with worked answers.

1. Which statute primarily governs the procedure of civil courts in Pakistan, and in what year was it enacted?

   The Code of Civil Procedure (CPC), enacted in 1908. It is a procedural (adjective) law regulating the conduct of civil suits.

2. What is the structural difference between the 'body' and the 'Schedule' of the CPC, 1908?

   The body contains Sections (substantive procedural principles that cannot be amended by High Courts), while the First Schedule contains Orders and Rules (detailed procedure that High Courts can amend under their rule-making power).

3. Define 'jurisdiction' in the context of civil courts.

   Jurisdiction is the authority of a court to hear and decide a matter. It must exist over the subject-matter, the territory (place), and the pecuniary value (amount), and the suit must not be barred.

4. State the rule under Section 9 CPC regarding which suits civil courts may try.

   Section 9: Courts shall (subject to its provisions) try all suits of a civil nature except suits of which their cognizance is either expressly or impliedly barred.

5. What are the three main kinds of jurisdiction relevant to instituting a civil suit?

   (1) Pecuniary jurisdiction (based on the value of the suit), (2) Territorial/local jurisdiction (based on place), and (3) Subject-matter jurisdiction (based on the nature of the suit).

6. What is the effect of a decree passed by a court lacking inherent (subject-matter) jurisdiction?

   It is a nullity — void ab initio. Such a defect cannot be cured by consent, waiver, or acquiescence, and can be raised at any stage, even in execution or collaterally.

7. Can a defect of pecuniary or territorial jurisdiction be waived, and under which provision?

   Yes. Under Section 21 CPC, objections to place of suing (territorial) or pecuniary jurisdiction must be raised at the earliest opportunity in the trial court before settlement of issues, and only if a failure of justice results; otherwise they are waived on appeal/revision.

8. Under Section 15 CPC, in which court must a suit be instituted?

   Every suit must be instituted in the court of the lowest grade competent to try it.

9. Under Sections 16–20 CPC, where is a suit relating to immovable property instituted?

   Section 16: suits for recovery, partition, foreclosure, sale, redemption, determination of rights to, or for compensation for wrong to immovable property are instituted where the property is situate.

10. Under Section 20 CPC, where may a suit (other than those covered by Sections 16–19) be filed?

    Where the defendant actually and voluntarily resides, carries on business, or personally works for gain; or where any defendant (with leave/acquiescence) so resides; or where the cause of action wholly or partly arises.

11. How is a civil suit formally instituted under Order IV CPC?

    A suit is instituted by presenting a plaint to the court (or an officer appointed). Order IV Rule 1: every suit shall be instituted by presenting a plaint in duplicate complying with Orders VI and VII.

12. What is the doctrine of 'res sub judice' under Section 10 CPC?

    A court shall stay a subsequently instituted suit where the matter in issue is directly and substantially the same, between the same parties, litigating under the same title, and previously pending in a competent court.

13. State the doctrine of 'res judicata' under Section 11 CPC.

    No court shall try any suit/issue in which the matter directly and substantially in issue was directly and substantially in issue in a former suit between the same parties (or those claiming under them), litigating under the same title, and finally decided by a competent court.

14. List the essential conditions for res judicata under Section 11 CPC.

    (1) Matter directly and substantially in issue in both suits; (2) same parties or those claiming under them; (3) parties litigating under the same title; (4) former court competent to try the later suit; (5) the matter was heard and finally decided.

15. Distinguish res judicata from res sub judice.

    Res judicata (S.11) bars trial of a matter already finally decided in a former suit. Res sub judice (S.10) only stays a later suit while an earlier suit on the same matter is still pending. One prevents conflicting decisions; the other prevents parallel trials.

16. What is a 'cause of action' in a civil suit?

    The bundle of essential facts that the plaintiff must prove to succeed — i.e., every fact that, if traversed, must be proved to support the right to the judgment sought.

17. What are 'pleadings' as defined in Order VI Rule 1 CPC?

    Pleadings mean a plaint or a written statement — the formal written statements of the parties setting out their respective claims and defences.

18. State the fundamental rule of pleadings under Order VI Rule 2 CPC.

    Pleadings must state only material facts on which the party relies, not the evidence by which they are to be proved, and must be stated concisely. (Rule: plead facts, not law or evidence.)

19. What essential particulars must a plaint contain under Order VII Rule 1 CPC?

    Name of court; name, description, residence of plaintiff and defendant; facts showing cause of action and when it arose; facts showing jurisdiction; the relief claimed; amount allowed/relinquished (if any); and the value of the subject-matter for jurisdiction and court-fees.

20. Under Order VII Rule 11 CPC, on what grounds may a plaint be rejected?

    (a) No cause of action disclosed; (b) relief undervalued and not corrected; (c) insufficiently stamped court-fee not made good; (d) suit barred by any law on the face of the plaint.

21. What is the difference between rejection and return of a plaint?

    Rejection (O.VII R.11) is on substantive defects (no cause of action, barred suit, court-fee/valuation defects). Return (O.VII R.10) is where the court lacks jurisdiction, directing the plaint be presented to the proper court. A rejected plaint may be refiled if defect is curable; a returned plaint is filed in the correct court.

22. What is a 'written statement' and the time limit for filing it under Order VIII CPC?

    It is the defendant's pleading/defence answering the plaint. Order VIII Rule 1: the defendant must present it within thirty days from service of summons (extendable by the court for recorded reasons).

23. What is the effect of failure to specifically deny an allegation in the written statement (Order VIII Rule 5)?

    Every allegation of fact in the plaint, if not denied specifically or by necessary implication, shall be taken to be admitted, except as against a person under disability.

24. Define 'set-off' under Order VIII Rule 6 CPC.

    Set-off is a reciprocal claim by the defendant in a suit for recovery of money — the defendant claims to set off against the plaintiff's demand an ascertained sum of money legally recoverable, within the court's pecuniary jurisdiction, at the first hearing.

See more Civil Law-II flashcards →

Planning Civil Law-II for Civil Judge Examination

Civil Law-II (Civil Judge Examination) FAQ