Delhi Judicial Services Exam Code of Civil Procedure & Civil Practice Syllabus

Code of Civil Procedure & Civil Practice syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Code of Civil Procedure & Civil Practice in Delhi Judicial Services Exam, not a summary of it.

1. 1

   Jurisdiction, Suits & Pleadings

   4 topics

   • Jurisdiction of civil courts (Sections 9 to 25)
     • Bar of suits and Section 9
     • Place of suing and Section 20
     • Transfer of suits (Section 24)
   • Res judicata and res sub judice (Sections 10 and 11)
     • Constructive res judicata
     • Conditions and Explanations to Section 11
   • Institution of suits and parties
     • Order I: joinder, misjoinder, representative suit
     • Order II: frame of suit and splitting of claims
   • Pleadings (Order VI to VIII)
     • Plaint and written statement
     • Amendment of pleadings (Order VI Rule 17)
     • Set-off and counter-claim
2. 2

   Trial, Evidence Stage & Judgment

   5 topics

   • Discovery, inspection and admissions (Order X to XII)
   • Settlement of issues and disposal (Order XIV and XV)
   • Summoning and examination of witnesses (Order XVI to XVIII)
   • Judgment and decree (Order XX)
     • Distinction between judgment, decree and order
     • Drawing up of the decree
   • Costs and interest (Sections 34 and 35)
3. 3

   Interlocutory Reliefs & Special Proceedings

   5 topics

   • Temporary injunctions and interlocutory orders (Order XXXIX)
     • Prima facie case, balance of convenience, irreparable injury
     • Mandatory and ad interim injunctions
   • Arrest before judgment and attachment (Order XXXVIII)
   • Appointment of receiver (Order XL)
   • Summary procedure (Order XXXVII)
     • Leave to defend
   • Suits by indigent persons and special suits (Order XXXIII)
4. 4

   Execution of Decrees

   4 topics

   • General principles of execution (Sections 36 to 74)
     • Courts competent to execute
     • Transfer of decree for execution
   • Modes of execution (Order XXI)
     • Attachment and sale of property
     • Arrest and detention
     • Delivery of property
   • Adjudication of claims and objections (Order XXI Rules 58 to 103)
   • Questions to be determined by executing court (Section 47)
5. 5

   Appeals, Reference, Review & Revision

   6 topics

   • First appeals (Sections 96 to 99, Order XLI)
   • Second appeals and substantial question of law (Section 100)
   • Appeals from orders (Order XLIII)
   • Reference, review and revision (Sections 113, 114, 115)
     • Scope of revisional jurisdiction
     • Grounds for review
   • Inherent powers of the court (Section 151)
   • Caveat and miscellaneous (Section 148A)

Code of Civil Procedure & Civil Practice flashcards for Delhi Judicial Services Exam

22 of 58 cards from the Code of Civil Procedure & Civil Practice deck — real questions with worked answers.

1. Under Section 9 CPC, which suits are civil courts empowered to try?

   All suits of a civil nature except those whose cognizance is expressly or impliedly barred. A suit is of a civil nature if the principal question relates to determination of a civil right (e.g., right to property or office), not purely religious rites or caste questions.

2. What is the distinction between pecuniary, territorial, and subject-matter jurisdiction?

   Pecuniary jurisdiction is the value limit of suits a court can hear; territorial jurisdiction is the geographical area within which a court can act; subject-matter jurisdiction is the kind/category of cases (e.g., probate, rent) a court is competent to decide.

3. Where must a suit for immovable property be instituted under Section 16 CPC?

   In the court within whose local limits the property is situated (suits for recovery, partition, foreclosure, sale, redemption, determination of rights, or for compensation for wrong to immovable property). Proviso: relief on personal obligation may be sought where the defendant resides if relief can be entirely obtained through his personal obedience.

4. Under Section 20 CPC, where may a suit (other than for immovable property) be filed?

   Where the defendant (or one of several defendants, with leave/acquiescence) actually and voluntarily resides, carries on business, or personally works for gain; OR where the cause of action wholly or in part arises.

5. What is the effect of an objection to place of suing under Section 21 CPC?

   Objections to territorial or pecuniary jurisdiction are not allowed by an appellate or revisional court unless taken in the trial court at the earliest possible opportunity (and before settlement of issues) AND there has been a consequent failure of justice.

6. State the doctrine of res sub judice under Section 10 CPC.

   A court shall not proceed with the trial of a suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties (litigating under the same title) pending in a competent court. It bars the trial, not the institution, of the later suit (stay of subsequent suit).

7. 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 has been directly and substantially in issue in a former suit between the same parties (or those claiming under them), litigating under the same title, in a court competent to try the subsequent suit, and which has been heard and finally decided.

8. What is constructive res judicata under Explanation IV to Section 11 CPC?

   Any matter which might and ought to have been made a ground of attack or defence in the former suit is deemed to have been directly and substantially in issue. A party cannot raise in a later suit a plea it could and should have raised earlier.

9. Compare res judicata (Section 11) and res sub judice (Section 10).

   Res sub judice (S.10) bars the trial of a subsequent suit while a prior suit on the same matter is pending. Res judicata (S.11) bars a fresh suit/issue after a former suit has been finally decided. One concerns pending litigation; the other concerns concluded litigation.

10. What are the essential elements that constitute the institution of a suit under Order IV?

    A suit is instituted by presenting a plaint (in duplicate) to the court or such officer as appointed. Particulars of every suit are entered in the register of civil suits. Presentation of the plaint is what commences the suit.

11. Distinguish between necessary and proper parties to a suit.

    A necessary party is one without whom no effective decree can be passed and whose presence is indispensable. A proper party is one whose presence is not essential but is required for a complete and effective adjudication of the questions involved.

12. What is the consequence of non-joinder and mis-joinder of parties under Order I Rule 9?

    No suit shall be defeated by reason of mis-joinder or non-joinder of parties, and the court may deal with the matter as regards the parties actually before it. EXCEPTION: this does not apply to non-joinder of a necessary party.

13. Under Order I Rule 8, when may a representative suit be filed?

    Where numerous persons have the same interest in a suit, one or more may, with the court's permission, sue or be sued on behalf of all such persons, after notice is given to all interested persons (by personal service or public advertisement).

14. What are the fundamental rules of pleading under Order VI Rule 2?

    A pleading must state only material facts (facta probanda), not the evidence (facta probantia), in a concise form; it must not state law or conclusions of law; and facts must be stated, not the evidence by which they are proved.

15. When may pleadings be amended under Order VI Rule 17 CPC?

    The court may allow either party to amend pleadings at any stage on just terms, if necessary for determining the real questions in controversy. Proviso: no amendment after trial has commenced unless the court concludes the party could not have raised the matter before trial despite due diligence.

16. What must a plaint contain under Order VII Rule 1, and when is it rejected under Rule 11?

    A plaint must state the court's name, parties' particulars, facts showing cause of action and jurisdiction, the relief claimed, and the suit's value. Under Rule 11 a plaint is rejected if it discloses no cause of action, the relief is undervalued/insufficiently stamped (and not corrected), the suit is barred by law, or not filed in duplicate.

17. What is the effect of non-denial of facts in a written statement under Order VIII Rules 3-5?

    The defendant must deal specifically with each allegation; a general denial is insufficient. Every allegation of fact not denied specifically or by necessary implication (except against a person under disability) is taken to be admitted, though the court may still require proof.

18. What is a set-off and how does it differ from a counter-claim under Order VIII?

    A legal set-off (Rule 6) is a defendant's claim of an ascertained sum of money legally recoverable, raised against the plaintiff's money claim in the same suit. A counter-claim (Rules 6A-6G) is an independent cross-claim treated as a cross-suit, which may exceed the plaintiff's claim and need not be a money claim.

19. What is the time limit for filing a written statement under Order VIII Rule 1?

    The defendant must file the written statement within 30 days of service of summons, extendable by the court up to 90 days for recorded reasons. (For commercial suits, the outer limit of 120 days is mandatory and non-extendable.)

20. What is the purpose of examination of parties by the court under Order X CPC?

    At the first hearing the court ascertains from each party whether it admits or denies the allegations in the pleadings; admissions/denials are recorded. It also directs parties to opt for ADR under Section 89, and may examine parties to elucidate matters in controversy.

21. What is discovery by interrogatories under Order XI CPC?

    With the court's leave, a party may deliver written interrogatories (questions) to be answered on affidavit by the opposite party, relating to matters in question, to obtain admissions and narrow issues. Interrogatories must relate to material facts, not be scandalous, and not be a fishing inquiry.

22. What is a notice to admit documents/facts under Order XII Rules 2 and 4?

    A party may call upon the other to admit documents or specific facts. If the other party refuses or neglects to admit after such notice, the costs of proving the document/fact are borne by the party so refusing, regardless of the suit's outcome.

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