Jurisdiction, Parties and Pleadings under the CPC — Practice

Question 1

What does Section 9 of the CPC provide?

Accepted Answer

Civil courts have jurisdiction to try all suits of a civil nature except those whose cognizance is expressly or impliedly barred.

Question 2

What is the notice period under Section 80?

Accepted Answer

Two months after written notice to the Government or public officer, subject to leave for urgent relief under Section 80(2).

Question 3

State the conditions for applying Section 10 and its effect.

Accepted Answer

The matter must be directly and substantially in issue in a previously instituted suit between the same parties or those claiming under them, in a court competent to grant the relief. The later suit is stayed, not dismissed.

Question 4

State the conditions of res judicata under Section 11 and explain constructive res judicata.

Accepted Answer

The matter must be directly and substantially in issue in the former suit, between the same parties or those claiming under them, litigating under the same title, decided by a competent court and finally heard and decided. Explanation IV treats as decided any ground of attack or defence that might and ought to have been raised.

Question 5

Distinguish a necessary party from a proper party.

Accepted Answer

A necessary party is one in whose absence no effective decree can be passed, so non-joinder is fatal. A proper party is one whose presence helps complete adjudication but without whom an effective decree can be passed.

Question 6

On what grounds can a plaint be rejected under Order VII Rule 11, and how is the application decided?

Accepted Answer

Grounds: no cause of action, undervaluation not corrected, insufficient stamp not made good, suit barred by law, plaint not in duplicate, and failure to comply with Rule 9. The court considers only the averments in the plaint and its documents, not the defence (Saleem Bhai), and rejects the plaint as a whole, since a part cannot be rejected.

Question 7

A sues B in Court X for possession of land situated in district Y, while B lives in district X. B raises an objection at the first hearing. What is the position?

Accepted Answer

Section 16 requires that a suit for possession of immovable property be filed where the property lies, in district Y. Court X lacks territorial jurisdiction. The plaint should be returned under Order VII Rule 10 for presentation in the proper court. Section 21 saves defects of place only if there was no timely objection and no failure of justice, but here the objection was raised.

Question 8

Name two grounds on which a foreign judgment is not conclusive under Section 13.

Accepted Answer

Any two of: not given by a court of competent jurisdiction, not on the merits, contrary to natural justice, obtained by fraud, or founded on a claim breaching Indian law.

Practice — Jurisdiction, Parties and Pleadings under the CPC

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