CPC Section 1: Intro to Civil Procedure Code

• Code of Civil Procedure (CPC) is a major law subject important for all State Judiciary Exams.
• It involves complex sections, orders, and rules, but this session simplifies it for pre-exam prep.
• To ask doubts you can reach team via the batch.
• Includes 1100+ hrs of live classes, 2-way communication, hard/lecture notes, daily MCQs, answer/judgment writing and weekly legal/general current affairs as well as GS and GK classes.
• The course spans one year, with an additional year of validity (24 months total).
• The cost is ₹2499, for two years.
• It includes free Test Series and a personal Mentor.
• Two classes are held daily: one for major laws (4 PM onwards), one for minor laws (6:15 to 8 PM).
• Use promo code "Shri Life" for maximum discount.
• CPC is a core subject with questions in every State exam.
• It is important to stay motivated and not be intimidated by it.
• Procedural law helps enforce rights given by substantive law.

CPC Section 1: Title, Extent, and Commencement

• The Act’s name is the Civil Procedure Code, 1908.
• Force came on January 1, 1909.
• It extends to the whole of India.
• It does not apply to Nagaland and tribal areas, but state govt can apply provisions via notification.
• "Tribal area" refers to areas in Assam as defined before January 21, referenced in Schedule 6 of the Constitution.
• In areas like Visakhapatnam Agency, existing rules prevail over CPC.

CPC Section 2: Definitions

• 'Code' includes rules.

Decree [2(2)]

• It is a formal expression of adjudication, expressing a court’s opinion on a matter.
• It conclusively determines the rights of parties in a controversy.
• It can be preliminary or final.
• It includes rejection of a plaint (Order 7 Rule 11) and determination of questions under Section 144 (restitution orders).
• It does not include an appealable order or dismissal for default order.
• Preliminary decree: Further proceedings are needed to completely dispose the suit.
• Final decree: Adjudication completely disposes of the suit.
• A decree can be partly preliminary and partly final.

Decree Holder [2(3)]

• Any person in whose favor a decree has been passed or an order capable of execution has been made.

Government Pleader [2(7)]

• Includes any officer appointed by the State Government to perform functions imposed by the Code, and any pleader acting under their direction.

Judgment [2(9)]

• Includes any statement given by a judge on the grounds of a decree or order.

Judgment Debtor [2(10)]

• Any person against whom a decree has been passed.
• Being a party to the suit is not necessary.
• It includes orders capable of execution.

Legal Representative [2(11)]

• Means a person who represents the estate of a deceased.

Mean Profit

• Means profit a person in wrongful possession actually receives, or might have received with ordinary diligence, including interest.
• It does not include profits due to improvements made by the person in wrongful possession.
• Means Profit = Profit which a person in wrongful possession + Interest on that profit.

Section 2(4): Order

• Includes a formal expression of any decision of a Civil Court that is not a decree

Order vs Decree:

• Multiple orders can occur, but generally few degrees.
• Decrees occur only in suits, orders can occur Civil proceedings and other proceedings as well.
• Orders are appealable through Order 43 Rule 1 and Section 104.
• Decree can be partly prelimnary and partly Final.

CPC Section 3: Subordination of Courts

• The District Court is subordinate to the High Court.
• Every Civil Court of grade inferior to the District Court and every Court of Small Causes is subordinate to both the High Court and District Court.

CPC Section 6: Pecuniary Jurisdiction

• It prevents a court from having jurisdiction over suits where the value of the subject matter exceeds its pecuniary jurisdiction.
• Section must be read with Section 15.
• Lowes grade inferior suits will be instituted at the lowest court.

CPC Section 9: Jurisdiction of Civil Courts

• Courts have jurisdiction to try all civil suits unless barred (expressly or impliedly).
• The section provides the mandate for the court.
• It is called "Gateway of CPC."
• Expressly barred: E.g., rent matters (dealt with by Rent Act), income tax, etc.
• Impliedly barred: When a special court is created for certain matters.
• A suit involving right to property or office is of civil nature.
• The court is not concerned if any fees or salary is attached to the office.
• The consideration is whether any legal representative is there to hold that estate.

CPC Section 10: Stay of Subsequent Suit (Res Sub Judice)

• It applies when the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties.
• For Res Subjudice parties must be the same, title same, cause of action same.
• Previous proceeding suit is pending in the same or any other court.
• The Court can not proceed with the CASE but not be restricted from suit being established.
• The explanation states that the pendency of a suit in a foreign court does not bar an Indian court from trying a suit founded on the same cause of action.

CPC Section 11: Res Judicata

• No court shall try any suit or issue in which the matter was directly and substantially in issue in a former suit between the same parties which was heard and finally decided by a court competent to try such subsequent suit.
• Former suit: A suit that has been decided prior, regardless of institution date.
• Court must be have Competent Justrisction.
• Direct Res Judicata: Also called “Might and Ought”
• There are exceptions against res judicta if the court didn't have jurisdiction.
• If a remedy was not rewarded, it shall be seen there was a deemed rejection of the plaint.
• Res Judiciata can apply to Representative Suits
• Res Judicata applies to Execution proceedings.
• If there are limited competences to the court, it also applies.

CPC Section 12: Bar to Further Suits

• Where a plaintiff is preclude from instituting further suit by the rules of this code, they shall not be entitled to institute a suit in any Court to which this Code applies.
• Order 2 Ruile 2
• Order 9 Rule 9
• Order 23 Rule 1
• Order 22 Rule 9

CPC Section 13: Foreign Judgment

• A foreign judgment is conclusive, except where:
  • It was not pronounced by a court of competent jurisdiction.
  • It is founded on an incorrect view of international law.
  • It refuses to recognise the law of India.
  • The proceedings were opposed to natural justice.
  • It was obtained by fraud.
  • It sustains a claim founded on a breach of Indian law.

CPC Section 14: Presumption to Foreign Judgment

• the court shall presume the document was issued by a competent court UNLESS the contrarty appears in the record.

CPC Section 15: Court in Which Suits to be Instituted

• Every suit should be instituted in the court of the lowest grade competent to try it.

CPC Section 16: Suits Instituted Where Subject Matter Situated

• Suits regarding immovable property must be instituted where the property is situated.
• This includes suits for: recovery, partition, foreclosure, determination of right, compensation for wrong, recovery of movable property.
• An exception is where relief is sought through personal obedience of the defendant, in which case the suit may be instituted where the defendant resides, conducts business, or works for gain.

CPC Section 17: Property Situated in Multiple Jurisdictions

• Where the property is situated within the jurisdiction of different Courts, the suit may be instituted in any Court within whose local limits any portion of the property is situated, but in which all claims is congnizable by all courts involved.

CPC Section 18: Instituting Suits Where Jurisdiction Uncertain

• If uncertain which court an immoveable property is located in, any one of the courts may institute a claim.
• Where court records statement to that effect and then procceds to hear and dispose it, the effect will still be the as if the property was situated within its jurisdiction.
• Even if no statement is made, the judgement can not be blocked from Ellpate courts unless there was no reasonable ground for uncertainty.

CPC Section 19: Compensation for Wrong to a Person of Movable

• The suit is where the wrong was done, or where the defendant resists or carries out business.
  • Illustration: A residing in Delhi, beats B in Kolkata. B may sue A in either Kolkata or Delhi.

CPC Section 20: Suits Enacted Where the Defendant Resides

• All suits not otherwise specified (per section 16-19) must be instituted:
  • Where the defendant resides, carries on business, or works for gain.
  • If multiple defendants, any of the defendants resides or carries on business, with court permission or acquiescence.
  • Where the cause of action arises (wholly or partly).

CPC Section 21: Objections of Jurisdiction

• Objections of jurisdiction are only followed if followed with the first stances.
• No objection shall be allowed appellate or revision Court.

CPC Section 21A: Bar of Suit Objection

• No suit can go to the validity of the degree mainly on the ground of Objection of place of sing.

CPC Section 22: Power to Transfer Suit Where

• Any Defendant After Notice is given to another party to have a another suit transferred to anohter court.

CPC Section 23: What Court Application Lies

• The application lies in whatever court that can have jurisdiction over such cases.

CPC Section 24-25: General Power of Transfer/Withdrawl

• High Court, and Districty Courts.
• Transfer of Sutis, Appeal.
• Sumoto of By the Court.
• Power of Supereme Court to Transfer Suits.
• If frivolous or vexatious 2k penalty.
• Transfer is a General law for Sutits.

CPC Sections 26-35A: Suits - Process and Penalties

• Section 26: Institution of Suits. Instituted by presentation of plaint. Must be proven be way of afidavit.
• Section 27: Summons to Defendants.
  • Upon establishing a suit, summon must be issued to a defendant, no more then 30 days of the institution. Section 28: Service of Summons, if the defendant doesn't respond in a STATE. If there is a language barrier, translate.
• Section 30: Summons for Evidence and like. The court is capable of doing so either through itself or a party involved in the party.
  • The court can summon the witness.