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CPC and Limitation · Unit 2

Of Suits

Unit 2 of Civil Procedure Code 1908 and Limitation Act 1963 (syllabus: Module II — parties (Orders I–III, XXII); institution (Orders IV–V); pleadings, plaint and written statement (Orders VI–VIII); appearance and non-appearance (Order IX); examination, interrogatories, discovery, admissions (Orders X–XIII); issues and disposal (Orders XIV–XV); trial, summons to witnesses, judgment, decree and costs (Orders XVI–XXA); withdrawal and adjustment (Order XXIII); special suits (Orders XXVII–XXXIV)). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • When may two or more persons be joined as plaintiffs or as defendants?
  • Does the non-joinder of a party defeat a suit?
  • What are the requirements of a representative suit under Order I Rule 8?
  • When may a pleading be amended, and what is the one line an amendment may not cross?
  • On what grounds may a plaint be rejected, and what may the court look at?
  • Within what time must a written statement be filed, and which version applies?
  • How does a set-off differ from a counter-claim?
  • What are the consequences of the non-appearance of a party under Order IX?
  • What are the remedies against an ex parte decree, and how do they interact?
  • What must a court do under s. 89 before it refers a dispute for settlement outside the Court?
  • Which statute governs each of the four modes of settlement named in s. 89?
  • On what grounds has the drafting of s. 89 been criticised?

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