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CPC and Limitation · Unit 1

Introduction

Unit 1 of Civil Procedure Code 1908 and Limitation Act 1963 (syllabus: Module I — definitions (s. 2); jurisdiction of civil courts (s. 9); res sub judice (s. 10); res judicata (s. 11) and constructive res judicata; foreign judgments (ss. 13–14); place of suing (ss. 15–21); set-off and counter-claim; essentials of a suit and cause of action). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • When is a suit of a civil nature, and when is the civil court's jurisdiction barred?
  • What happens when a competent civil suit contains an issue which a statute commits to a special authority?
  • When must a court stay a suit under section 10, and what exactly is stayed?
  • What are the six ingredients of res judicata under section 11?
  • When does a decision bind two parties who were both defendants in the earlier suit?
  • What is constructive res judicata, and does it apply where the earlier proceeding was a writ petition?
  • What does Order II Rule 2 require a plaintiff to do, and what is the consequence of not doing it?
  • When is an objection to the place of suing entertained by an appellate or revisional court?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

Leading cases

Full case summaries

Exam questions on this unit

In this paper