Civil Procedure Code, 1908 and Limitation Act, 1963

Author: Pavan Law Chambers | Category: Civil Law Notes | Updated: November 2025

PART-A: Short Answer Questions

a) Decree

A decree is the formal expression of an adjudication which conclusively determines the rights of the parties in a civil suit. It can be preliminary, final, or partly both. Defined under Section 2(2) of the Civil Procedure Code, 1908 (CPC).

b) Foreign Judgment

Defined under Section 2(6) CPC. Section 13 states that a foreign judgment is conclusive unless it falls under exceptions like lack of jurisdiction, fraud, or violation of natural justice.

c) Order

Under Section 2(14) CPC, an order is the formal expression of any decision of a civil court which is not a decree.

d) Return of Plaint

As per Order VII Rule 10 CPC, if the court lacks jurisdiction (territorial or pecuniary), it must return the plaint to the plaintiff for presentation in the proper court.

e) Mesne Profits

Defined under Section 2(12) CPC. Profits wrongfully received by a person in possession of another’s property, including interest.

f) Summons

Issued under Sections 27–29 and Order V CPC, a summons notifies the defendant of a pending civil suit.

g) Plaint

The written pleading filed by the plaintiff to commence a civil action, governed by Order VII CPC.

h) Written Statement

The defendant’s reply to the plaint, containing defenses and objections, as per Order VIII CPC.

i) Rejection of Plaint

Grounds are given under Order VII Rule 11 CPC — e.g., no cause of action, undervaluation, or barred by law.

j) Cause of Action

The bundle of essential facts that a plaintiff must prove to obtain relief. The plaint must disclose a valid cause of action.

PART-B: Essay Questions

X.A) Jurisdictions of Civil Courts in India

Section 9 CPC gives civil courts authority to try all suits of a civil nature unless barred. Types of jurisdiction include:

• 1. Territorial Jurisdiction: Defined by Sections 15–20.
• 2. Pecuniary Jurisdiction: Based on monetary limits of courts.
• 3. Subject-Matter Jurisdiction: Specific matters like matrimonial disputes or property suits.
• 4. Original & Appellate Jurisdiction: First instance hearing vs. reviewing lower court decisions.

X.B) Law Relating to Place of Suing

Sections 15–20 CPC govern where a suit should be filed. This ensures convenience and avoids confusion.

• Section 15: Lowest competent court.
• Section 16–17: Suits regarding immovable property filed where property is located.
• Section 19: For compensation—file where wrong occurred or defendant resides.
• Section 20: Residual—where defendant resides or cause of action arises.

XI.A) Stay of Suit (Doctrine of Res Sub Judice)

Section 10 CPC prevents parallel suits on the same matter between the same parties.

Case Law: Escorts Construction Equipment Ltd. v. Action Construction Equipment Ltd.

XI.B) Doctrine of Res Judicata

Section 11 CPC — once a matter is adjudicated, it cannot be reopened. Based on principles of finality and public interest.

Case Law: Daryao v. State of U.P. (Res Judicata applies to writs); Satyadhyan Ghosal v. Deorajin Debi (Constructive Res Judicata).

XII.A) Execution Procedure

Defined under Sections 36–74 and Order XXI CPC. Execution is the process of enforcing a court decree.

• Who executes? Decree-holder.
• Against whom? Judgment-debtor.
• Execution Court: Court passing decree or transferee court.

Modes (Section 51): Delivery of property, attachment and sale, arrest and detention, receiver appointment, or as per decree terms.

XII.B) Limitation as to Disability

Sections 6–8, Limitation Act 1963: Extends limitation for minors, insane, or idiotic persons under legal disability.

Limitation resumes upon removal of disability, but extension cannot exceed three years after cessation (Section 8).

XIII.A) Appeal under CPC

• First Appeal: Sections 96–99A & Order XLI.
• Second Appeal: Sections 100–103 & Order XLII (Substantial question of law required).
• Appeals from Orders: Section 104 & Order XLIII.
• Appeals to Supreme Court: Section 109 & Order XLV.

XIII.B) Transfer of Suits

• Supreme Court (Section 25): Transfer across states for ends of justice.
• High Court/District Court (Section 24): Transfer/withdrawal between subordinate courts for convenience or fairness.

PART-C: Problem Questions

XIV. Place of Filing Suit

Section 20 CPC: Suit can be filed where defendant resides or cause of action arises.

Advice: X may file in Bombay (cause of action), Delhi (Y resides), or Madras (Z resides).

XV. Plaintiff’s Options After Dismissal for Default

Order IX Rule 2 CPC: When a suit is dismissed for non-payment of costs, plaintiff may:

• File a fresh suit (within limitation), or
• Apply for restoration with sufficient cause.

XVI. Factory Workers as Proper Parties

Order I Rule 10(2) CPC: Workers in a mortgage dispute are not proper parties since their rights are not directly involved.

XVII. Fresh Suit Against Promissory Note

Section 11 CPC – Constructive Res Judicata: B cannot file a new suit alleging fraud after decree on undue influence—issues “might and ought” to have been raised earlier.