CPC

2021
2 Marks

01. Define Foreign Court

Section 2 (5) means court outside India and not established or
continued by the authority of the central government.

02. Mense Profit: - In Babel

03. What the court shall presume on production of certified copy

of foreign judgement
Section 14. The Court shall presume upon the production of any
document purporting to be a certified copy of a foreign judgment, that
such judgment was pronounced by a Court of competent jurisdiction,
unless the contrary appears on the record; but such presumption may
be displaced by proving want of jurisdiction.

04. What are various kinds of jurisdiction

A. Jurisdiction relating to subject matter
B. Territorial
C. Pecuniary
D. Original or appellate
05. Who may be joined as plaintiffs
Order 1; Rule 1: - Who may be joined as plaintiffs: - All persons may
be joined in one suit as plaintiffs where—
(a) any right to relief in respect of, or arising out of, the same act or
transaction or series of acts or transactions is alleged to exist in such
persons, whether jointly, severally or in the alternative; and
(b) if such persons brought separate suits, any common question of law
or fact would arise.]

06. State the effect of relinquishment of part of claim

Order 2, rule 2 & sub section 2: - Where a plaintiff omits to sue in
respect of, or intentionally relinquishes, any portion of his claim he
shall not afterwards sue in respect of the portion so omitted or
relinquished.

07. Who may sign pleading

Rule 14 of order 6: -
Every pleading shall be signed by the party and his pleader (if any):
Provided that where a party pleading is, by reason of absence or for
other good cause, unable to sign the pleading, it may be signed by any
person duly authorized by him to sign the same or to sue or defend on
his behalf

08. When does civil trial commence

09. Define Decree: - In Babel
10. Define summon
The document which is sent by the court to the defendant to inform
him about the suit filed against him is known as a summon.
6 Marks
11. State the provisions as to delivery of summons to parties: -
mentioned in babel

12. Grounds for rejection of plaint

Order & Rule 11: - Rejection of plaint: - The plaint shall be rejected in
the following cases: -
(a) where it does not disclose a cause of action;
(b) where the relief claimed is undervalued, and the plaintiff, on being
required by the Court to correct the valuation within a time to be fixed
by the Court, fails to do so;
(c) where the relief claimed is properly valued, but the plaint is returned
upon paper insufficiently stamped, and the plaintiff, on being required
by the Court to supply the requisite stamp-paper within a time to be
fixed by the Court, fails to do so;
(d) where the suit appears from the statement in the plaint to be barred
by any law; 1
(e) where it is not filed in duplicate;]
(f) where the plaintiff fails to comply with the provisions of rule 9:]

13. Contents of judgement of civil court

According to Rule 4 Order XX of Code of Civil Procedure, 1908:
- Judgements of a Court of Small Causes are satisfactory if they contain
the points for determination and the decision thereon.
- Judgments of other Courts shall contain:
1. Summary of the pleadings which is a concise statement of the case;
2. Issues which are the points for determination;
3. Findings on each issue and the decision thereon;
4. Ratio decidendi (reasons for such a decision); and
5. The remedy, which is the relief granted.

14. Short note on doctrine of Res-sub-Judice: - mentioned in

babel
12 Marks
15. Provisions regarding institution of suit of immovable
property: - Babel

16. Provisions regarding return of plaint.

According to Order VII Rule 10,
1. A Plaint can be returned to a court of competent jurisdiction at any
stage of the case if there is a defect in the jurisdiction.
2. Procedure on returning plaint: - On returning a plaint the judge shall
endorse thereon the date of its presentation and return, the name of the
party presenting it, and a brief statement of the reasons for returning it.

17. Provisions regarding ex-parte decree

What is ex-parte: - ‘Audi Alteram Partem’ is a Latin phrase that means,
“Listen to both sides” and it is one of the principles of natural justice.
Every party has a right to a fair hearing. If any party does not appear
on the prescribed date, the court will issue summons and notices to
appear before the court. When, during the proceedings of a civil suit, a
plaintiff was present and the defendant was not present, and the
summons was issued, then the court could proceed against the
defendant and pass an ex-parte decree. The court has jurisdiction to
pass an ex-parte decree under Order 9 Rule 6 of the CPC. The order
states that if the defendant does not appear before the court despite
having summons served on him, the court can pass an ex parte decree.
But if the summons is not duly served, the court will issue another
summons to the defendant. When the summons is served properly but
the defendant does not get enough time to be present in court, the court
will postpone the proceeding to a future date. If the court finds that the
summons was not served properly due to the plaintiff’s fault, then the
court will ask the plaintiff to pay the cost of adjournment of the
hearings.

Setting aside an ex-parte decree under Order 9 Rule 13 CPC

Order 9 Rule 13 provides a remedy for the defendant to apply to set
aside the ex-parte decree which was passed due to the non-appearance
of the defendant in the civil suit. The court only sets aside the ex-decree
when the defendant presents a satisfactory reason in court or the
summons is not served well.

Summons duly not served well:

When the suit is filed in court, from the filing date of the suit to thirty
days afterwards, the summons must be served to the defendant. The
summons is the official notice that the defendant must appear in court
on their behalf. But there are certain scenarios, such as the postal
address being incorrect or changed, where the plaintiff has not paid the
fees. When the summons is not served properly to the defendant or the
defendant does not get enough time to appear before the court. Then
the court may set aside the ex parte decree.
18. Short note on: -
A. Framing of issues
B. Hearing of Suit
 2018
2 Marks

1. Define Decree: - Repeated

2. What is ex-parte order?

Both parties are given an equal opportunity to participate in the suit
proceedings in every way. However, if the defendant fails to appear in
court to pursue the case due to his own fault, the court may proceed
with the case in his absence. Such proceedings are called ex parte
proceedings of the suit.

3. Write about pecuniary jurisdiction: - In babel

04. What is adjournment

To suspend court proceedings to another time or place, or to end them.

5. Section 09
Courts to try all civil suits unless barred

6. Section 22 to 25

7. What is issue
The term "issue" in a civil case means a disputed question relating to
rival contentions in a suit. It is the focal point of disagreement,
argument or decision. It is the point on which a case itself is decided in
favour of one side or the other, by the court.
8. Rule 4 of order 18
Recording of evidence

9. Type of cost in CPC: -

1) General costs -Section 35;
2) Miscellaneous costs -Order 20-A;
3) Compensatory costs for false and vexatious claim or defences-
Section 35-A;
4) Costs for causing delay-Section 35-B.

10. What is set-off?

Set-off means a claim set up against another.
6 marks

1. Order 9 Rule 4, Order 9 Rule 7 and Order 9 Rule 9

Rule 4: - Plaintiff may bring fresh suit or court may restore suit to file
Rule 7: - Procedure Where defendant appears on day of adjourned
hearing and assigns good cause for previous non- appearance

Rule9: - Decree against plaintiff by default bars fresh suit

2. Rejection of plaint: - Repeated

3. Counter Claim: - In Babel, Page 86

4. Mode of service of summon: - Repeated

12 marks
1. Doctrine of Res judicata
Repeated

2. Explain Rule 10, 11, 12, 13 of order 9

Rule 10: - Procedure in case of non-attendance of one or more of
several plaintiffs
Rule 11: - Procedure in case of non-attendance of one or more of
several defendants
Rule 12: - Consequence of non-attendance, without sufficient cause
shown, of party ordered to appear in person
Rule 13: - Setting aside decree ex parte against defendant

3. Transfer of suits, appeals and other judicial proceedings

In Babel

4. Decree & Mense Profit

In Babel
 2019
2 marks

1. What is pleading
In Babel

2. Define order and Judgement with section & sub section

An order is defined under Section 2(14) of the CPC as the formal
expression of any decision of a civil court which is not a decree,
whereas a judgement is defined under Section 2(9) of the CPC as the
statement given by the judge of the grounds of a decree or order.

3. Section 15
Every suit shall be instituted in the Court of the lowest grade competent to try it

4. Order 11 Rule 14
Production of documents: It shall be lawful for the Court, at any time
during the pendency of any suit, to order the production by any party
thereto, upon oath of such of the documents in his possession or power,
relating to any matter in question in such suit, as the Court shall think
right; and the Court may deal with such documents, when produced, in
such manner as shall appear just.

5. Inherent powers of court

“Inherent” means “natural” or “existing and inseparable from
something. Hence, as the term suggests inherent powers are those
powers which may be exercised by a court to do full and complete
justice between the parties before it.
Section 148 to 153-B of the Code deals with inherent powers of the
Courts. These provisions relating to inherent powers apply only to
courts and not to other authorities.

6. Legal set off

• Legal set off is provided in the Order VIII Rule 6(1) of the Code
of Civil Procedure, 1908, and all the essential elements present in
the Rule 6(1) with requisite conditions for claiming legal set off.
• In case of a legal set-off, the amount must be ascertained and it
can be pleaded only within the limitation period.

7. Sections of transfer of suits, appeal & other judicial proceedings

8. Territorial jurisdiction: - In Babel

9. What is cost
The object in awarding costs to a litigant is to secure to him the
expenses incurred by him in the litigation.

10. Ex parte decree: - Repeated

 6 marks
1. Decree & order. Difference between them

Difference between decree and order

Grounds of
S. No. Decree Order
difference

Under Section 2(2) of the CPC, a decree is the

formal expression of an adjudication which, so Under Section 2(14) of
far as regards the Court expressing it, the CPC, an order is the
1. Definition conclusively determines the rights of the parties formal expression of any
with regard to all or any of the matters in decision of a civil court
controversy in the suit and may be preliminary which is not a decree.
or final.

A decree may be preliminary, final, or partly

2. Finality An order is always final.
preliminary and partly final.

Most orders are not

appealable, except those
Usually, a decree is appealable until and unless
3. Appealability specified in Section 104
it is explicitly prohibited by law.
and Order 43, Rule 1 of
the CPC.

An order is passed in a
suit that may be instituted
A decree is passed in a suit instituted upon
4. Institution upon the presentation of
presenting a plaint.
either a plaint, an
application, or a petition.

An order ascertains the

Ascertainment A decree ascertains the substantive rights and
5. procedural rights of the
of parties’ rights duties of the parties.
parties.

Number of One or more orders may

6. Usually, only one decree is passed in a suit.
decrees/ orders be passed in a
2. Grounds for rejection of plaint, remedies after rejection of
plaint.
Grounds: - Repeated
Remedies: -
The only remedy available is appeal against rejection order or filing
of fresh suit as provided in Order VII rule 13.
13. Where rejection of plaint does not preclude presentation of fresh
plaint: - The rejection of the plaint on any of the grounds hereinbefore
mentioned shall not of its own force preclude the plaintiff from
presenting a fresh plaint in respect of the same cause of action.

3. Section 10 & 11 of CPC

10. Stay of suit.—No Court shall proceed with the trial of any suit in
which the matter in issue is also directly and substantially in issue in a
previously instituted suit between the same parties, or between parties
under whom they or any of them claim litigating under the same title
where such suit is pending in the same or any other Court in India] have
jurisdiction to grant the relief claimed, or in any Court beyond the limits
of [India] established or continued by [the Central Government 3***.]
and having like jurisdiction, or before [the Supreme Court].
Explanation: - The pendency of a suit in a foreign Court does not
preclude the Courts in [India] from trying a suit founded on the same
cause of action.

11. Res judicata: - 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
between parties under whom they or any of them claim, litigating under
the same title, in a Court competent to try such subsequent suit or the
suit in which such issue has been subsequently raised, and has been
heard and finally decided by such Court.
4. Section 21 & 21 A
21. Objections to jurisdiction: -
(1) No objection as to the place of suing shall be allowed by any
Appellate or Revisional Court unless such objection was taken in the
Court of first instance at the earliest possible opportunity and in all
cases where issues are settled at or before such settlement, and unless
there has been a consequent failure of justice.
(2) No objection as to the competence of a Court with reference to the
pecuniary limits of its jurisdiction shall be allowed by any Appellate or
Revisional Court unless such objection was taken in the Court of first
instance at the earliest possible opportunity, and, in all cases where
issues are settled, at or before such settlement, and unless there has been
a consequent failure of justice.
(3) No objection as to the competence of the executing Court with
reference to the local limits of its jurisdiction shall be allowed by any
Appellate or Revisional Court unless such objection was taken in the
executing Court at the earliest possible opportunity, and unless there
has been a consequent failure of justice.]

[21A.] Bar on suit to set aside decree on objection as to place of suing.

No suit shall lie challenging the validity of a decree passed in a former
suit between the same parties, or between the parties under whom they
or any of them claim, litigating under the same title, on any ground
based on an objection as to the place of suing. Explanation.—The
expression “former suit” means a suit which has been decided prior to
the decision in the suit in which the validity of the decree is questioned,
whether or not the previously decided suit was instituted prior to the
suit in which the validity of such decree is questioned.]
12 marks
1. Explain section 15, 16, 17, 18, 19, 20
Same as question 2 of Babel

PLACE OF SUING
15. Court in which suits to be instituted
16. Suits to be instituted where subject-matter situate
17. Suits for immovable property situate within jurisdiction of different
Courts
18. Place of Institution of suit where local limits of jurisdiction of
Courts are uncertain
19. Suits for compensation for wrongs to person or movables
20. Other suits to be instituted where defendants reside or cause of
action arises

2. Provisions related to appearance of parties and consequences of

non-appearance
Order 9: -
Rules: -
1. Parties to appear on day fixed in summons for defendant to appear
and answer
2. Dismissal of suit where summons not served in consequence of
plaintiff's failure to pay costs
3. Where neither party appears suit to be dismissed
4. Plaintiff may bring fresh suit or Court may restore suit to file
5. Dismissal of suit where plaintiff after summons returned unserved,
fails for 3 [seven days] to apply for fresh summons
6. Procedure when only plaintiff appears
7. Procedure where defendant appears on day of adjourned hearing and
assigns good cause for previous non-appearance
8. Procedure where defendant only appears
9. Decree against plaintiff by default bars fresh suit

10. Procedure in case of non-attendance of one or more of several

plaintiff's: - Where there are more plaintiffs than one, and one or more
of them appear, and the others do not appear, the Court may, at the
instance of the plaintiff or plaintiff’s appearing, permit the suit to
proceed in the same way as if all the plaintiff’s had appeared, or make
such order as it thinks fit.
11. Procedure in case of non-attendance of one or more of several
defendants: - Where there are more defendants than one, and one or
more of them appear, and the others do not appear, the suit shall
proceed, and the Court shall, at the time of pronouncing judgment,
make such order as it thinks fit with respect to the defendants who do
not appear.
12. Consequence of non-attendance, without sufficient cause shown, of
party ordered to appear in person: - Where a plaintiff or defendant, who
has been ordered to appear in person, does not appear in person, or
show sufficient cause to the satisfaction of the court for failing so to
appear, he shall be subject to all provisions of the foregoing rules
applicable to plaintiffs and defendants, respectively who do not appear.

13. Setting aside decree ex parte against defendant.—In any case in

which a decree is passed ex parte against a defendant, he may apply to
the Court by which the decree was passed for an order to set it aside;
and if he satisfies the Court that the summons was not duly served, or
that he was prevented by any sufficient cause from appearing when the
suit was called on for hearing, the Court shall make an order setting
aside the decree as against him upon such terms as to costs, payment
into Court or otherwise as it thinks fit, and shall appoint a day for
proceeding with the suit

14. No decree to be set aside without notice to opposite party: - No

decree shall be set aside on any such application as aforesaid unless
notice thereof has been served on the opposite party.
3. Modes of service of summons
Repeated

4. Short Notes on
1. Mense Profit: - Repeated
2. Section 24

24. General power of transfer and withdrawal.

(1) On the application of any of the parties and after notice to the parties
and after hearing such of them as desired to be heard, or of its own
motion without such notice, the High Court or the District Court may
at any stage—
(a) transfer any suit, appeal or other proceeding pending before it for
trial or disposal to any Court subordinate to it and competent to try or
dispose of the same, or
(b) withdraw any suit, appeal or other proceeding pending in any Court
subordinate to it, and—
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate to it
and competent to try or dispose of the same; or
(iii) retransfer the same for trial or disposal to the Court from which it
was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn
under sub-section (1), the Court which 1 [is thereafter to try or dispose
of such suit or proceeding] may, subject to any special directions in the
case of an order of transfer, either retry it or proceed from the point at
which it was transferred or withdrawn.
(3) For the purposes of this section: -
(a) Courts of Additional and Assistant Judges shall be deemed to be
subordinate to the District Court;
(b) “proceeding” includes a proceeding for the execution of a decree or
order.]
(4) The Court trying any suit transferred or withdrawn under this
section from a Court of Small Causes shall, for the purposes of such
suit, be deemed to be a Court of Small Causes.
(5) A suit or proceeding may be transferred under this section from a
Court which has no jurisdiction to try it.]
 2017 marks
2 marks

1. Mense profits: -
Repeated

2. Who may be joined as Plaintiff: - Repeated

3. Difference between Res Judicata and Lis Pendens

Doubt
Difference between the two that the rule of res judicata is concerned
with more actions than one, whereas the doctrine of lis pendens is
concerned with the very same suit during the benoency of which there
is an alienation of the right title and interest of one of the parties thereto.

4. Define Judgement
Repeated

5. When is ex-parte decree passed court: -

Repeated
6. What is pleadings
Repeated

7. Explain bar to further suit

Section 12, Where a plaintiff is precluded by rules from instituting a
further suit in respect of any particular cause of action, he shall not be
entitled to institute a suit in respect of such cause of action in any Court
to which this Code applies.

8. What is representative suit: - In Babel

9. Define adjournment
In Babel

10. Define Misjoinder

When mistakenly a party was added to the suit is misjoinder. That
means when a party was added but he doesn't have to do anything with
the present issue then it considered to be misjoinder.
 6 marks
1. Section 24
Repeated

2. Difference between Res Judicata and Res Sub Judice

No. Res Judicata Res Sub Judice
1. Section 11 deals with the Res Judicata, Section 10 deals with the Res Sub Judice,
Res judicata is applicable when the matter is In the case of Res Sub Judice, it relates to a matter,
already decided by the court of competent which is pending in the Court of competent
2. jurisdiction, jurisdiction,
Res Judicata prevents the trial of a suit or
issue in which the matter in issue has It bars the trial of a suit in which the matter is
3. already been decided in a previous suit, pending for decision in the previous suit,

Conditions:-
1. The former suit must have been decided by
the court of competent jurisdiction.
2. The matter in issue in the subsequent suit Conditions:-
must be the same matter which was directly
1. There must be two suits one previously instituted
and substantially in issue, either actually or
and the other subsequently instituted.
constructively, in the former suit.
2. The matter in issue in the subsequent suit must be
3. Both the suits must be between the same
directly and substantially in issue in the previous
parties,
suit,
4. The court which decided the former suit
3. Both the suits must be between the same parties,
must have been a court of competent
jurisdiction, 4. The court in which the previous suit is instituted
must have jurisdiction to try it,
5. Both the parties must have litigated under
the same title in the former suit. “Same 5. Both parties must be litigating under the same
4. title” means in the same capacity. title in both the suits.
3. Define decree
Repeated & in babel

4. When a foreign judgement cannot be considered as a conclusive

Section 13. When foreign judgment not conclusive.
A foreign judgment shall be conclusive as to any matter thereby directly
adjudicated upon between the same parties or between parties under
whom they or any of them claim litigating under the same title except—
(a) where it has not been pronounced by a Court of competent
jurisdiction;
(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded on an
incorrect view of international law or a refusal to recognise the law of
[India] in cases in which such law is applicable;
(d) where the proceedings in which the judgment was obtained are
opposed to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of any law in force in
[India].
12 marks
1. Summons & how it served: -
Repeated

2. Provisions regarding suit of civil nature

3. Define set off and difference between set off and claim.
4. Detail note on hearing of suit
Order 18
1. Right to begin
2. Statement and production of evidence
3. Evidence where several issues
3A. Party to appear before other witnesses
4. Recording of evidence
5. How evidence shall be taken in appealable cases
6. When deposition to be interpreted
7. Evidence under section 138
8. Memorandum when evidence not taken down by Judge
9. When evidence may be taken in English
10. Any particular question and answer may be taken down
11. Questions objected to and allowed by Court
12. Remarks on demeanour of witnesses
13. Memorandum of evidence in unappealable cases
14. omitted
15. Power to deal with evidence taken before another Judge
 2016
2 marks
1. Difference between decree and order
An order is nothing but a judgment while a decree is a final part of
judgement.
The primary difference between decree and order is that the decree is
given in a suit, which determines the substantive legal rights of the
parties concerned, the order is given in the course of proceedings, and
determines the procedural legal rights of the parties concerned. In the
give article excerpt, you can find some more points of differences,
amidst the two, take a read.

2. Section 15
Courts in which suits to be instituted

3. Ex Parte decree
Repeated

4. Sections of Inherent Power

Repeated

5. Define pleading
Repeated

6. Define Summon
Repeated
7. CPC Full Form
Code of Civil Procedure

8. Section 22 to 25
Related to Place of Suing

9. Section 10 & 11
Repeated

10. Section 9
Courts to try all civil suits unless barred
6 marks

1. Explain Mense Profit

Repeated

2. When plaint shall be rejected

Repeated

3. Order 9 Rule 6
Procedure when only plaintiff appears,
repeated and detail in babel and notes

4. Framing of issues, order 13

Rule 1 Framing of issues: -
(1) Issues arise when a material proposition of fact or law is affirmed by the one
party and denied by the other.
(2) Material propositions arc those propositions of law or fact which a plaintiff
must allege in order to show a right to sue or a defendant must allege in order to
constitute his defence.
(3) Each material proposition affirmed by one party and denied by the other shall
form the subject of distinct issue.
(4) Issues are of two kinds:
(a) issues of fact,
(b) issues of law.
(5) At the first hearing of the suit the Court shall, after reading the plaint and the
written statements if any, and 1 [after examination under rule 2 of Order X and
after hearing the parties or their pleaders], ascertain upon what material
propositions of fact or of law the parties are at variance, and shall thereupon
proceed to frame and record the issues on which the right decision of the case
appears to depend.
(6) Nothing is this rule requires the Court to frame and record issued where the
defendant at the first hearing of the suit makes no defence.
12 marks
1. Modes of summons
Repeated

2. Explain Order 9 Rule 13

Setting aside decree ex parte against defendant

3. Difference between decree and order

Repeated

4. Res Judiacate……. Section 11

Repeated