Judicial Services Exam (PCS-J) Code of Civil Procedure, 1908 and Law of Limitation Syllabus

Code of Civil Procedure, 1908 and Law of Limitation 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, 1908 and Law of Limitation in Judicial Services Exam (PCS-J), not a summary of it.

1. 1

   Foundational Concepts and Jurisdiction

   5 topics

   • Definitions and Scope
     • Decree, order, judgment and their distinctions
     • Foreign court and foreign judgment
     • Mesne profits, legal representative, cause of action
   • Jurisdiction of Civil Courts
     • Section 9 - bar to jurisdiction and ouster
     • Pecuniary, territorial and subject-matter jurisdiction
   • Place of Suing
     • Sections 15 to 20 - forum selection
     • Objections to jurisdiction under Section 21
   • Res Judicata and Res Sub Judice
     • Section 11 - constructive res judicata
     • Section 10 - stay of suit
   • Foreign Judgments and Section 13 exceptions
2. 2

   Institution of Suits and Pleadings

   5 topics

   • Frame of Suit and Joinder of Parties
   • Pleadings - Order VI
     • Fundamental rules of pleading
     • Amendment of pleadings - Order VI Rule 17
   • Plaint and Written Statement
     • Particulars, return and rejection of plaint - Order VII
     • Set-off and counter-claim - Order VIII
   • Summons and Service - Order V
   • Discovery, Inspection and Production of Documents
3. 3

   Trial, Interim Reliefs and Execution

   5 topics

   • Appearance and Ex-parte Proceedings - Order IX
   • Issues, Examination and Judgment - Orders XIV, XVIII, XX
   • Interlocutory Orders
     • Temporary injunctions - Order XXXIX
     • Appointment of receiver - Order XL
     • Arrest and attachment before judgment - Order XXXVIII
   • Execution of Decrees
     • Modes of execution - Sections 51 to 54
     • Powers and procedure - Order XXI
   • Suits in Particular Cases
     • Suits by or against government - Section 80
     • Interpleader and representative suits - Order I Rule 8
4. 4

   Appeals, Reference, Review and Revision

   5 topics

   • First Appeals - Section 96 and Order XLI
   • Second Appeals and Substantial Question of Law - Section 100
   • Appeals from Orders - Order XLIII
   • Reference, Review and Revision
     • Reference - Section 113
     • Review - Section 114 and Order XLVII
     • Revisional jurisdiction - Section 115
   • Inherent Powers of the Court - Section 151
5. 5

   Law of Limitation and Court Fees

   4 topics

   • Scheme and Bar of Limitation
     • Sections 3 to 5 - condonation and sufficient cause
     • Limitation as bar to remedy not right
   • Computation of Period of Limitation
     • Exclusion of time - Sections 12 to 15
     • Legal disability - Sections 6 to 8
   • Acknowledgment, Acquisition by Possession and Continuing Wrongs
   • Court Fees and Suits Valuation Principles

Code of Civil Procedure, 1908 and Law of Limitation flashcards for Judicial Services Exam (PCS-J)

19 of 56 cards from the Code of Civil Procedure, 1908 and Law of Limitation deck — real questions with worked answers.

1. Under Section 2(2) CPC, what is a 'decree' and what are its three essential types?

   A decree is the formal expression of an adjudication that conclusively determines the rights of parties on any matter in controversy. The three types are: preliminary, final, and partly preliminary partly final.

2. Distinguish a 'decree' from an 'order' under the CPC.

   A decree (s.2(2)) arises only in a suit and conclusively determines substantive rights; it is generally appealable. An order (s.2(14)) is any formal decision not a decree, may arise without a suit, usually decides procedural matters, and is appealable only if listed under Order XLIII/s.104.

3. What is a 'mesne profit' under Section 2(12) CPC?

   Profits which a person in wrongful possession of property actually received or might with ordinary diligence have received, together with interest, but NOT profits due to improvements made by that person.

4. What is the difference between a decree-holder and a judgment-debtor under the CPC?

   A decree-holder (s.2(3)) is a person in whose favour a decree is passed or an order capable of execution is made. A judgment-debtor (s.2(10)) is a person against whom a decree is passed or such an order is made.

5. What does Section 9 CPC provide regarding the jurisdiction of civil courts?

   Civil courts have jurisdiction to try all suits of a civil nature except suits whose cognizance is expressly or impliedly barred. A suit is of a civil nature if the principal question concerns rights to property or to an office.

6. Name the three kinds of jurisdiction relevant to civil courts.

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

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

   Every suit shall be instituted in the court of the lowest grade competent to try it (the rule of pecuniary jurisdiction).

8. Under Sections 16-18 CPC, where must suits relating to immovable property be filed?

   Suits for recovery, partition, foreclosure, sale, redemption, determination of rights/interest in, or for compensation for wrong to immovable property must be instituted in the court within whose local limits the property is situated.

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

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

10. 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 competent court, and heard and finally decided.

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

    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, and is barred even if not actually raised.

12. Distinguish Res Judicata from Res Sub Judice (Section 10).

    Res Judicata (s.11) bars trial of a matter already finally decided. Res Sub Judice (s.10) stays trial of a subsequently filed suit when the same matter is already pending (previously instituted) between the same parties in a competent court.

13. When is a foreign judgment conclusive under Section 13 CPC, and what are its six exceptions?

    A foreign judgment is conclusive except when: (a) not pronounced by a court of competent jurisdiction; (b) not given on the merits; (c) founded on an incorrect view of international law or refusal to recognise Indian law where applicable; (d) proceedings were opposed to natural justice; (e) obtained by fraud; (f) it sustains a claim founded on a breach of any law in force in India.

14. Under Section 14 CPC, what presumption attaches to a foreign judgment?

    On production of a certified copy of a foreign judgment, the court shall presume it was pronounced by a court of competent jurisdiction, unless the contrary appears on the record or is proved.

15. What is a 'cause of action' and how does it govern the frame of a suit?

    A cause of action is the bundle of material facts which the plaintiff must prove to obtain relief. Under Order II Rule 2, every suit must include the whole claim arising from one cause of action; relinquished portions cannot later be sued upon.

16. Distinguish necessary parties from proper parties under Order I CPC.

    A necessary party is one without whom no effective decree can be passed and whose presence is essential (non-joinder is fatal). A proper party is one whose presence helps the court completely and effectively adjudicate, but the suit can proceed without them.

17. Under Order I Rule 9 CPC, what is the effect of misjoinder or non-joinder of parties?

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

18. What are 'pleadings' under 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.

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

    Every pleading shall contain only a statement in a concise form of the material facts (facta probanda) on which the party relies, but NOT the evidence (facta probantia) by which they are to be proved.

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