UP PCS-J Procedural Law Syllabus

Procedural Law syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Procedural Law in UP PCS-J, not a summary of it.

1. 1

   Code of Civil Procedure, 1908 - Foundational Concepts

   3 topics

   • Jurisdiction of Civil Courts
     • Suits of a civil nature (Section 9)
     • Pecuniary, territorial, and subject-matter jurisdiction
     • Place of suing and objections to jurisdiction
   • Res Judicata and Res Sub Judice
     • Constructive res judicata
     • Stay of suit (Section 10)
   • Foreign Judgments and Bars to Suit
     • Conclusiveness of foreign judgments
     • Bar on second suit for same cause
2. 2

   Institution and Trial of Suits

   4 topics

   • Parties and Pleadings
     • Joinder, misjoinder, and non-joinder of parties
     • Representative suits (Order I Rule 8)
     • Fundamental rules of pleading; plaint and written statement
   • Summons, Discovery and Inspection
     • Issue and service of summons
     • Discovery, interrogatories, and production of documents
   • Framing of Issues and Disposal
     • Settlement and framing of issues
     • Disposal at first hearing and judgment on admissions
   • Interim Orders
     • Arrest and attachment before judgment
     • Temporary injunctions and interlocutory orders
     • Appointment of receiver
3. 3

   Decree, Execution and Appeals under CPC

   4 topics

   • Judgment, Decree and Order
     • Distinction between decree and order
     • Preliminary and final decrees
   • Execution of Decrees
     • Courts executing decrees and modes of execution
     • Arrest, detention, and attachment in execution
   • Appeals, Reference, Review and Revision
     • First and second appeals
     • Appeals from orders
     • Reference, review, and revision
   • Special Provisions and Inherent Powers
     • Suits by or against government and indigent persons
     • Inherent powers of the court (Section 151)
     • Caveat and restitution
4. 4

   Code of Criminal Procedure - Investigation and Trial

   5 topics

   • Constitution of Criminal Courts and Powers
     • Classes of criminal courts and their powers
     • Cognizable and non-cognizable offences; bailable and non-bailable
   • Information and Investigation
     • FIR and information in cognizable cases
     • Powers of police to investigate, search, and arrest
     • Statements to police and confessions
   • Cognizance and Trial Procedures
     • Cognizance of offences by magistrates
     • Trial of warrant, summons, and sessions cases
     • Summary trials and plea bargaining
   • Bail, Bonds and Maintenance
     • Regular and anticipatory bail
     • Maintenance of wives, children, and parents
     • Security for keeping peace and good behaviour
   • Judgment, Appeal and Revision
     • Judgment and sentencing
     • Appeals, reference, and revision
     • Inherent powers of the High Court

Procedural Law flashcards for UP PCS-J

23 of 50 cards from the Procedural Law deck — real questions with worked answers.

1. Under the CPC, what is the test laid down in Section 9 for the jurisdiction of a Civil Court?

   Civil Courts have jurisdiction to try all suits of a civil nature except those whose cognizance is either expressly or impliedly barred. A suit is of a civil nature if the principal question relates to civil rights (property, office, etc.), not merely to religious rites or castes.

2. Distinguish between pecuniary, territorial and subject-matter jurisdiction of a civil court.

   Pecuniary jurisdiction depends on the value of the suit; territorial (local) jurisdiction depends on where the cause of action arose or the defendant resides (Sections 16-20); subject-matter jurisdiction depends on the kind of dispute a particular court is competent to hear. A decree passed without subject-matter jurisdiction is a nullity; defects of pecuniary/territorial jurisdiction are curable under Section 21 if not raised at the earliest opportunity.

3. State the rule for instituting suits relating to immovable property under the CPC.

   Section 16 CPC: suits for recovery, partition, foreclosure, sale, redemption, determination of rights, or for compensation for wrong to immovable property must be instituted in the court within whose local limits the property is situated.

4. What is the doctrine of Res Judicata and which section embodies it?

   Section 11 CPC. No court shall try any suit or 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 that heard and finally decided it. It bars re-litigation of a decided matter ('a thing already adjudged').

5. List the conditions (essentials) for the application of Res Judicata under Section 11 CPC.

   (1) The matter must be directly and substantially in issue in both suits; (2) the former suit was between the same parties or parties claiming under them; (3) parties litigated under the same title; (4) the former court was competent to try the subsequent suit; and (5) the matter was heard and finally decided in the former suit.

6. Differentiate Res Judicata from Res Sub Judice (Section 10 CPC).

   Res Sub Judice (Section 10) stays the trial of a subsequent suit where the matter is directly and substantially in issue in a previously instituted pending suit between the same parties. Res Judicata (Section 11) bars trial of a suit already finally decided. Sub judice deals with two pending suits; res judicata deals with a concluded suit.

7. What is constructive res judicata under the CPC?

   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. Thus a party cannot raise in a later suit a plea it could have raised earlier; it is treated as constructively decided.

8. Under Section 13 CPC, when is a foreign judgment NOT conclusive in India?

   A foreign judgment is conclusive except where: (a) it was 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; or (f) it sustains a claim founded on a breach of any law in force in India.

9. What is the presumption regarding a foreign judgment under Section 14 CPC?

   Section 14: on production of a certified copy of a foreign judgment, the court shall presume that it was pronounced by a court of competent jurisdiction, unless the contrary appears on the record; this presumption may be displaced by proving want of jurisdiction.

10. What is the bar to a second suit under the principle of 'one suit for one cause of action' in the CPC?

    Order 2 Rule 2: every suit must include the whole of the claim arising from a cause of action. If a plaintiff omits or relinquishes any portion of his claim, he cannot afterwards sue for the portion so omitted or relinquished. This prevents splitting of claims.

11. Who are necessary parties and proper parties in a civil suit?

    A necessary party is one in whose absence no effective decree can be passed and whose presence is essential; a proper party is one whose presence enables the court to completely and effectually adjudicate but in whose absence an effective order can still be made. Non-joinder of a necessary party can be fatal (Order 1 Rule 9).

12. What is the effect of misjoinder and non-joinder of parties under Order 1 Rule 9 CPC?

    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 rights of parties actually before it; EXCEPT non-joinder of a necessary party, which is fatal to the suit.

13. What are 'pleadings' under the CPC and what is the fundamental rule of pleading?

    Order 6 Rule 1: 'pleading' means a plaint or a written statement. The fundamental rule (Order 6 Rule 2) is that pleadings must state only material facts (not evidence or law) on which the party relies, in a concise form, with material particulars.

14. What must a plaint contain under Order 7 Rule 1 CPC, and when is it rejected under Order 7 Rule 11?

    A plaint must state the court's name, names/descriptions of parties, facts showing cause of action and jurisdiction, the relief claimed, and valuation. Under Order 7 Rule 11 the plaint is rejected where it discloses no cause of action, the relief is undervalued and not corrected, it is insufficiently stamped, or the suit appears barred by law.

15. What is a 'set-off' and how does it differ from a 'counter-claim' under the CPC?

    Set-off (Order 8 Rule 6) is a defendant's claim for an ascertained sum of money legally recoverable, pleaded against the plaintiff's money claim in the same suit. A counter-claim (Order 8 Rule 6A) is an independent cross-action by the defendant against the plaintiff treated as a cross-suit, which can be for any relief, not just money, and may exceed the plaintiff's claim.

16. What is a summons under the CPC and what is the consequence of non-appearance after service?

    A summons (Order 5) is issued to a defendant to appear and answer the claim. If the defendant, after due service, fails to appear, the court may proceed ex parte (Order 9 Rule 6) and pass an ex parte decree, which the defendant may seek to set aside under Order 9 Rule 13 by showing sufficient cause.

17. What is the remedy when a suit is dismissed for default of the plaintiff's appearance under Order 9 Rule 8 CPC?

    Where the defendant appears but the plaintiff does not, the suit is dismissed (Order 9 Rule 8). The plaintiff may apply under Order 9 Rule 9 to set aside the dismissal by showing sufficient cause for non-appearance; he is barred from bringing a fresh suit on the same cause of action.

18. What is 'discovery' and 'inspection' under the CPC?

    Discovery (Order 11) is the process of compelling the opposite party, before trial, to disclose facts or documents in its possession through interrogatories (discovery of facts) or discovery of documents; inspection is the right to examine documents referred to in pleadings or affidavits. These narrow the issues and prevent surprise.

19. What is the purpose of framing issues, and what are the kinds of issues under Order 14 CPC?

    Issues arise when a material proposition of fact or law is affirmed by one party and denied by the other; framing issues (Order 14) defines the points the parties must prove. Issues are of two kinds: issues of fact and issues of law; the court may decide a preliminary issue of law (e.g., jurisdiction or bar by limitation) first if it can dispose of the case.

20. How may a suit be disposed of at the first hearing under the CPC?

    Order 15: a suit may be disposed of at the first hearing where parties are not at issue on any question of law or fact, or where one of several defendants is not at issue and the question can be disposed of as against him, or where the defendant makes no defence; the court may then pronounce judgment at once.

21. What is a temporary injunction and the conditions for granting one under Order 39 CPC?

    A temporary injunction (Order 39 Rules 1-2) restrains a party from doing an act during the pendency of the suit. The triple test is: (1) a prima facie case, (2) balance of convenience in favour of the applicant, and (3) irreparable injury that cannot be compensated in money if the injunction is refused.

22. When may a court appoint a receiver under Order 40 CPC?

    A receiver may be appointed where it appears just and convenient to preserve property in dispute pending litigation. The court considers whether the applicant has a prima facie title, whether the property is in danger of waste, and the conduct of parties. A receiver is an officer of the court holding property for the benefit of all parties.

23. What is attachment before judgment under Order 38 CPC and its object?

    Order 38 Rule 5: where the court is satisfied that the defendant, with intent to obstruct or delay execution of any decree, is about to dispose of or remove his property from the court's jurisdiction, it may direct him to furnish security or attach the property before judgment. The object is to prevent the defendant from defeating a future decree.

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