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Civil Procedure Code and Limitation Act

Semester 5 · 27 topics in 5 units

Past question papers for Civil Procedure Code and Limitation Act

Unit I 7 topics

  1. Introduction to the CPC: procedural law, history and key definitionsSubstantive and procedural law, the history and scheme of the Code of 1908 with its 1976, 1999 and 2002 amendments and the Commercial Courts changes, its extent, and the definitions examiners ask for: decree, order, judgment, decree-holder, legal representative and mesne profits.8 min
  2. Jurisdiction of civil courts and suits of a civil nature (section 9)What jurisdiction means, its kinds (territorial, pecuniary, subject-matter, original and appellate), section 9 and the meaning of a suit of a civil nature, express and implied bars, the Dhulabhai tests, and the effect of a decree passed without jurisdiction.8 min
  3. Res sub judice: stay of suit (section 10)The rule that a later suit on the same matter must wait for an earlier one: the text of section 10, its object, its five conditions, the foreign-suit Explanation, what is stayed (the trial, not the institution), section 151 and consolidation, and how it differs from res judicata.6 min
  4. Res judicata and bar to further suit (sections 11 and 12)The rule that a matter once finally decided cannot be reopened: its basis in public policy, the conditions of section 11, the eight Explanations including constructive res judicata and execution proceedings, res judicata between co-defendants, writs and stages of the same suit, exceptions, and section 12.8 min
  5. Foreign judgments (sections 13 and 14)When a foreign judgment binds Indian courts: the definitions in section 2, the six exceptions in section 13 with Narasimha Rao and Satya v. Teja Singh on foreign divorce decrees, the presumption in section 14, and enforcement by suit or by execution under section 44A.7 min
  6. Place of suing (sections 15 to 21A)Where a suit must be filed: the lowest-grade rule in section 15, suits for immovable property (sections 16 to 18), torts to person and movables (section 19), the residuary rule of section 20 with the corporation Explanation, exclusive-jurisdiction clauses, and objections under sections 21 and 21A, with the Delhi-Calcutta assault problem.8 min
  7. Transfer of suits and other proceedings (sections 22 to 25)The defendant's right to ask for transfer where several courts have jurisdiction (sections 22 and 23), the general power of the High Court and District Court to transfer and withdraw (section 24), the Supreme Court's inter-State power (section 25), the grounds courts accept, and the Mandya to Mangaluru problem.6 min

Unit II 6 topics

  1. Institution of suits and service of summons (sections 26 to 31, Orders IV and V)How a suit begins (section 26, Order IV, plaint in duplicate, affidavit, pre-institution mediation in commercial suits), what a summons is and what it must contain, and every mode of service in Order V from personal service and courier to affixation, substituted service and service outside the jurisdiction.9 min
  2. Interest and costs (sections 34, 35, 35A and 35B)The three periods of interest under section 34 and the six per cent cap with its commercial-transaction proviso, the general rule of costs in section 35 and its Commercial Courts substitute, compensatory costs for false or vexatious claims under section 35A, and costs for causing delay under section 35B.7 min
  3. Pleadings: fundamental rules, verification and amendment (Order VI)What a pleading is, the four fundamental rules in Order VI rule 2 (facts not law, material facts only, not evidence, concise form), particulars of fraud, the other rules of Order VI, signing and verification with the commercial statement of truth, striking out, and amendment under rule 17 with its 2002 proviso.9 min
  4. Plaint: its parts, return and rejection (Order VII)The particulars and parts of a plaint under Order VII rules 1 to 8 and the documents rule, return of a plaint for presentation to the proper court (rules 10 to 10B, EXL Careers), and rejection under rule 11 with the tests from Arivandandam, Saleem Bhai, Dahiben and Sejal Glass.8 min
  5. Written statement, defences, set-off and counter-claim (Order VIII)The time for a written statement (30, 90 and 120 days, Kailash v. Nanhku and SCG Contracts), the rules of specific and evasive denial and new facts, legal and equitable set-off, counter-claim under rules 6A to 6G with Mahendra Kumar, Jag Mohan Chawla and Ashok Kumar Kalra, and the differences between set-off and counter-claim.8 min
  6. Parties to suits, joinder of causes of action and multifariousness (Orders I and II)Joinder of plaintiffs and defendants under Order I, necessary and proper parties (Kasturi), misjoinder and non-joinder (rule 9), adding and striking out parties (rule 10), representative suits (rule 8), the whole-claim rule of Order II rule 2 (Gurbux Singh, Virgo Industries), joinder and misjoinder of causes of action, and multifariousness.9 min

Unit III 6 topics

  1. Appearance and non-appearance of parties, ex parte decrees and the hearing of the suitWhat Order IX does when the plaintiff, the defendant or both stay away, the remedies against an ex parte decree (Order IX rule 13, appeal, review), and how Order XVIII runs the hearing and the examination of witnesses.9 min
  2. First hearing, framing of issues, discovery, admissions, affidavits and adjournmentsThe stage between pleadings and trial: examination of parties under Order X, kinds of issues and how they are framed under Order XIV, discovery and production of documents (Orders XI and XIII), admissions (Order XII), affidavits (Order XIX) and the limits on adjournments under Order XVII.8 min
  3. Death, marriage and insolvency of parties; withdrawal and compromise of suitsWhen a suit abates under Order XXII, how legal representatives are brought on record and an abatement set aside, the effect of marriage and insolvency, and withdrawal, abandonment and compromise of suits under Order XXIII.8 min
  4. Judgment and decree: definitions, kinds, and Order XXJudgment, decree and order under section 2, the five elements of a decree, preliminary, final and deemed decrees, the differences between a decree and an order, and the rules in Order XX on pronouncing judgment and drawing up the decree.7 min
  5. Execution: general principles, the executing court and transfer of decreesWhat execution is, which court executes a decree (sections 37 and 38), when and how a decree is transferred (sections 39 to 46), the questions the executing court must decide itself under section 47, the application for execution under Order XXI, and the Supreme Court's directions on delay in Rahul S. Shah and Periyammal.7 min
  6. Modes of execution: arrest and detention, attachment, and saleThe modes of execution in section 51, delivery of property, arrest and detention in civil prison (sections 55 to 59 and Jolly George Varghese), property liable and not liable to attachment under section 60, how attachment is made and its effect (section 64), and execution sales and how they are set aside.9 min

Unit IV 5 topics

  1. Suits by or against Government and public officers, aliens and foreign States, and suits on public mattersHow the Union and the States sue and are sued (section 79), the two-month notice under section 80 and its exceptions, the special procedure in Order XXVII and section 82, when aliens and foreign States may sue or be sued (sections 83 to 87B), and representative suits on public nuisances and public charities (sections 91 to 93).8 min
  2. Suits by or against firms, minors and persons of unsound mind, indigent persons, and interpleader suitsSuing in a firm name under Order XXX, next friends and guardians for the suit under Order XXXII, the procedure for an indigent person to sue without court-fee under Order XXXIII, and the conditions and procedure for an interpleader suit under section 88 and Order XXXV.9 min
  3. Interim orders: commissions, arrest and attachment before judgment, temporary injunctions and receiversSection 94 and the orders a court makes while a suit is pending: commissions under section 75 and Order XXVI, arrest and attachment before judgment under Order XXXVIII, temporary injunctions and interlocutory orders under Order XXXIX, receivers under Order XL, and compensation for wrongful interim orders under section 95.8 min
  4. Appeals: first appeals, second appeals, appeals from orders and appeals to the Supreme CourtThe right of appeal as a creature of statute, first appeals under section 96 and Order XLI (cross-objections, stay, additional evidence, remand), second appeals on a substantial question of law under section 100, appeals from orders under section 104 and Order XLIII, and appeals to the Supreme Court under section 109.9 min
  5. Reference, review and revision; caveat, restitution and the inherent powers of the courtReference to the High Court (section 113, Order XLVI), review (section 114, Order XLVII), revision (section 115 after the 1999 amendment), how the three differ from each other and from appeal, the caveat under section 148A, restitution under section 144, and the court's powers under sections 148, 149 and 151.9 min

Unit V 3 topics

  1. Limitation Act, 1963: salient features, bar of limitation, condonation of delay and legal disabilityWhy limitation exists, the scheme and salient features of the 1963 Act, the bar in section 3 and the rule that limitation bars the remedy and not the right, the court-closed rule in section 4, condonation of delay under section 5, legal disability under sections 6 to 8, and continuous running of time under section 9.10 min
  2. Computation of limitation: exclusion of time, fraud, acknowledgment, part-payment and continuing wrongsPart III of the Limitation Act: time excluded under sections 12 to 15 (copies, indigency, proceedings in a wrong court, stays and notices), death under section 16, fraud and mistake under section 17, a fresh period on written acknowledgment (section 18) and part-payment (section 19), new parties (section 21), and continuing wrongs (sections 22 and 23).9 min
  3. Prescription, adverse possession and extinguishment of title (sections 25 to 27)Acquisitive and extinctive prescription, easements by prescription under section 25, the extinguishment of the owner's right under section 27 read with Articles 64 and 65, the essentials of adverse possession, and Ravinder Kaur Grewal (2019) holding that a person who has perfected title by adverse possession can sue on it.7 min