Question List For CPC

BIG Questions:
(In the order of importance)
1) Res Judicata and its applications along with concept of constructive Res Judicata.
2) Pleadings-Essentials -Amending Pleadings
3)Commissioner and his powers
4)Powers of Appellate Court
5)Foreign Judgement
6) Joinder of parties
7)Legal aid in CPC
8)Executing Court cannot go beyond its decree
9)Proclamation of sale and Setting aside sale
10) Place of Suing
11) Summons and its types
12)Appearance and non appearance of parties
13) Institution of suit by Minors and unsound mind
14) Suit against government
15) Res sub judice
Small Questions
Second Appeal
Caveat
Set off and counter claim
Proclamation of sale
Mesne Profit
Garneshee Order
Interpleader Suit
Review
Revision
Remand
Receiver
Reference
Rejection of plaint
Return of plaint
Precept
Exparte
Substituted Service
Issues
Suit of Civil Nature
Pauper Suit
Interrogatories
Decree
Judgment
Amendment of Pleadings
There are different occasions that gives raise to amendment of pleadings, and are as
follows
S.152 CPC :
Amendment of clerical error or arithmetic mistakes in judgments orders or decrees.
S.153 CPC : Amendment of proceedings in a suit, by the Court, whether suomoto or
on application of the parties, for the purpose of determining the real issues between
the parties.
 S.153 A: Amendment of clerical error or arithmetic mistakes in judgments of Appeal
Suit.
Order 1 Rule 10 Sub Rule 2 CPC: Adding or striking out parties
Order 6 Rule 16 CPC: (Compulsory Amendment)
Order 6 Rule 17 CPC: (Voluntary Amendment)
Compulsory Amendment O6 R 16
Court may at any stage of the proceedings order to strike out or amend, any
matter in any pleading, which :-
- may be unnecessary or vexatious or scandalous or frivolous in nature.
- may tend to embarrass or prejudice or delay fair trail.
- is abuse of process of Court.
Voluntary Amendment O6 R 16 
Court may at any stage of the pleadings allow either party to alter or amend
their pleadings in such a manner and in such terms as may be just.
All such amendments are to be made to determine the real issues between the
parties.
No application for amendment will be allowed after the trail has commenced,
unless, Court comes to conclusion that, inspite of due diligence, the party couldn’t
have raised the issue before the commencement of the trail.
0.6 R.18 Failure to amend after order: If the party fails to amend after obtaining
court grant, within the time limit specified in the order ( or 15 days), he will not be
allowed to amend it after the expiration of the said period, unless Court grants leave
to do so.
Guidelines for Amending Pleadings
(1)  Applicant must set out specifically in his application details of proposed
amendment.
(2) Applicant must also state the reasons for seeking to amend his pleadings; specially
explaining the delay, so that the opposition is not taken by surprise.
(3) Generally amendment is allowed, unless its shown that such amendment would
result in prejudice to the opposing party.
(4) Party seeking to amend the plaint shouldn’t act with malafide intentions.
(5) Appellate Court may permit amendment at appellate stage to enable party to raise a
new plea.
Case Laws:
Gurudial Singh V Raj Kumar 
Held, an amendment may be so devised as to deprive the opposite party a
valuable right accrued to him, by lapse of time etc., and that thus it is necessary for
the appellant to set out in his application, specifically what he seeks to amend in his
own pleadings.
Haridas V Godrej Rustom:
Held, Court should be extremely liberal in granting prayer of amendment of
pleadings, unless serious injustice or irreparable loss is caused to the other side.
Suraj Parkash Bhasin V Raja Rani Bhasin 1981:
The following observations were made by Supreme Court
(A) Prayer for amendment can be allowed when there would not be total
transformation of nature of suit.
(B) Prayer for amendment can be allowed if such amendment would avoid multiplicity of
suits.
(C)  Amendment is sought at a later stage, the Court while the same, should order heavy
costs.
 Ishwar Das V State of Madya Pradesh 1979
Supreme Court held, there is no prohibition against Appellate Court permitting
an amendment at appellate stage merely because the necessary material is not
already before the Court.
Amendment of Pleadings Can Be Refused:
(1)  If defendant seeks to substitute a new case by way of amendment.
(2) Amendment is not to decide the real question of controversy between the parties but
only technical in nature.
(3) If effect of amendment would be take away a legal right acquired by bar of
limitation.
(4) Amendment introduces a wholly inconsistent or new case and application is made at a
very later stage in the suit.
(5) Application is not made in good faith.
Case laws
Radhika Devi V Bajrangi Singh
Held, where a party acquires a right by bar of limitation, and the same is
sought to be taken away by way of amendment of pleadings, such amendment will be
refused to be granted by the Court.
Modi Weaving Mills V Ladha Ram 1977
Held, that the defendants by means of amendment cannot substitute a new
case and completely change the case made in the written statement.
Place of Suing S.15 to 21 CPC
Place of Suing:
S.15 to 21 CPC deals with the Court in which a suit is to be instituted, as
follows:
S.15 Court in which suits to be instituted
S.16 Suits to be instituted where subject matter situate
S.17 Suits for immovable property situate within jurisdiction of different Courts
S.18 Place of institution of suit where local limits of jurisdiction of Courts are
uncertain
S.19 Suits for compensation for wrongs to person or movables
S.20 Other suits to be instituted where defendants reside or cause of action
arises
S.21 Objections to jurisdiction
S.15 Court in which suits to be instituted
Every suit shall be instituted in the Court of lowest grade competent to try it.
Here competency refers to pecuniary jurisdiction, which shall be determined by High
Court from time to time.
Objects: the main objects of the section is :
 To reduce the burden of the higher Courts
 Afford convenience to the parties and witnesses who may be examined by them in
such suits.
The District Judge and Sub-Ordinate Judges all have jurisdiction over all Original
Suits., cognizable by the Civil Court subject to the condition suits are to be instituted
in a Court of lowest grade competent to try it.
S.16 Suits to be instituted where subject matter situate
Subject to pecuniary and other limitations prescribed by any law, suits for:
1)      Recovery of immoveable property with or without rents and profits,
2)      Partition of immoveable property,
3) Foreclosure, sale, redemption in cases of mortgage or charge upon immoveable
property,
4)  Determination of any other right or interest in immoveable property,
5)   Compensation of wrong to immoveable property,
6)      Recovery of moveable property actually under attachment,
Shall be instituted in Court, within the local limits of whose jurisdiction the property
is situate. It is also provided that 
- When suit is filed t obtain relief respecting or compensating any wrong to any
immoveable property,
- And relief can be entirely obtained through personal obedience.
In above case, the suit can be instituted either at
         Court within whose local limit the property is situated.
         Court within whose local jurisdiction the defendant voluntarily resides or
conducts business or trade.
Anand Bazaar Patrika V Biswanath Prasad
Held a suit for Specific performance for, contract of sale with possession, it has
to be instituted in the Court in whose jurisdiction the property is situated and can not
be filed where cause of action arises.
Seetha Rama Chetty V Kamala Amma
In a suit filed in Bangalore for a property located in Tamilnadu, to determine
right and interest in the immoveable property, Court held that as long as the
defendant is residing within the jurisdiction of Bangalore Court, where the suit is
instituted, the suit was maintainable under S.16(d) read with the proviso.
S.17 Suits for immovable property situate within jurisdiction of different
Courts
Where the subject matter of the suit, immoveable property, is situated within
the local jurisdiction of two or more different Courts, the suits may be instituted in
any Court, within whose local jurisdiction, a portion of the property is situated, and
Court is competent to adjudicate over entire suit property, not just portion situated
in its jurisdiction.
S.18 Place of institution of suit where local limits of jurisdiction of Courts are
uncertain
When it is uncertain as regards under which of the two or more Courts, the
territorial jurisdiction falls into, and one of such Courts has also ascertained such
uncertainty, then it may proceed to entertain and dispose the suit related to the
property; after recording the existence of such uncertainty.
Where no such statement has been recorded and objection is raised in appeal
or revision, the Higher Court will not allow such objection unless
=> At time of institution of suit, no reasonable ground for uncertainty as to
Court was there, and,
=> It has resulted in consequent failure of justice.
In these cases, apart from the uncertain territorial jurisdiction, the Court should be
competent as regards 
-> nature of suit -> pecuniary jurisdiction.
S.19 Suits for compensation for wrongs to person or movables
In case of wrong to person or moveables :-
=> In place where Cause of Action arose
=> In place where the defendant ordinarily resides or carries business or
personally works for gain.
Eg
Defendant Hits Plaintiff
A -------------------------->B
Madras Delhi Delhi <=
Place of Residence/Occurrence
Cause of action lies in Delhi, so can sue in Delhi. The defendant resides in Madras, so
can sue in Madras. 
S.20 Other suits to be instituted where defendants reside or cause of
action arises
Subject to afore said limitations, i.e Ss 15 to 19,every suit shall be instituted in
Court within whose local limits of jurisdiction:-
- Defendant(s) at time of commencement of suit actually or voluntarily resides
carries business or trade or personally works for gain.
- Any of the defendant ( if more than one) at time of commencement of suit
actually or voluntarily resides carries business or trade or personally works for gain,
provided (a) Court gives leave to do so (b) Defendants who don’t reside there accept.
- Where cause of action arises.
For the purpose of S. 20, it is deemed that a Corporation carries on its business
at its
- Sole/ Principal office.
- Sub-Ordinate Office, if cause of action arose at such location.
Eg
A resides in Shimla, B resides in Calcutta , C resides in Delhi. A B and C together in
Benaras , and B and C together execute a joint promissory note payable on demand
and delivered it to A in Benaras.
A may sue B and C at (A) Benaras where Cause of Action.
(B) Calcutta or Delhi where A/B resides provided other defendant
accepts or Court grants leave.
Patel Roadways V Parsad Trading Company 1992
  Where defendant has Principal Office at one place and Sub Ordinate
office at another, and Cause of Action arose, in place where the subordinate office is
located, then the place of subordinate office where cause of action arose is the
relevant place for filing the suit and not the place where principal office is located.
Held, that, the explanation to S.20 provides an alternative locus for corporation’s
place of business and not an additional one.
ABC Lamnart Private Ltd V AP Agencies
Held, the jurisdiction of Court in matter of contract will depend on the situs of
contract and Cause of Action arising through connecting factors. Further held, the
parties may agree to vest jurisdiction in one of the many competent Court and such
Ouster Clause is valid if
- the clause is explicit , precise and unambiguous.
- not hit by Ss. 23 and 28 of Indian Contract Act.
S.21 Objections to jurisdiction 
No objection as to place of suing is allowed in any Appellate or Revisionary Court ,
unless
- such objection was taken in the Court of first instance at the earliest possible
opportunity.
- in cases where settlement is arrived, at or before, such settlement and
- there has been a consequent failure of justice.
No objection as to competence of Court as to pecuniary jurisdiction will be allowed at
any appellate or revisionary Court unless, conditions mentioned above are satisfied. 
No objection as to competence of executing Court will be allowed unless
 - such objection was taken in the Court of first instance at the earliest possible
opportunity and,
- there has been a consequent failure of justice.
RSDV Finance Company Ltd V Shree Vallabh Glass Works 1993
Where in respect of a suit the two conditions namely
1)such objection was taken in the Court of first instance at the earliest
possible opportunity.
2) in cases where settlement is arrived, at or before, such settlement ,
are satisfied and the third condition namely
3) there has been a consequent failure of justice, has not been satisfied,
it was HELD that Court would not be justified in allowing objection to jurisdiction of
Court in appeal.
Civil Procedure Code
Q: Define and distinguish between Order, Judgment and decree? What are the
essential ingredients of decree, order and Judgment? Explain their kinds?
Ans:
Introduction:
     Decisions given by court of law are either decree or orders or Judgments. A
Judgment is given in consequence of a decree and is pronounced by the court after
hearing the case and can either be declaratory or executory. There are differences
between order, decree and Judgment.
Relevant Provisions:
    Following are the relevant provisions of Civil Procedure Code regarding the topic of
decree, order and Judgment.
                                    Sec 2(2) for decree
                                    Sec 2(14) for order
                                    Sec 2(9) for Judgment
                                    Order 20 Rule 1 to 6 for Decree and Judgment
●    Definition of Decree u/s 2(2) of C.P.C:
               Decree means the formal expression of adjudication which so far as court
expressing it, conclusively determines the rights of the parties with regard to all or
any of the matter in controversy in the suit, and may be either preliminary or final.
Essentials of Decree:
               Following are the essentials of a decree.
·         Given in Suit: The decree must have been expressed in a suit. Every suit is
commenced by a plaint and where there is no civil suit there is no decree. Some
proceedings commenced by an application are statutory suits that the decision is a
decree.
· Rights of Parties as to Matters in Controversy: The decision must have been
expressed on the rights of the parties with regard to all or any of the matters in
controversy in the suit.
· Determination of Rights of Parties: The decision must be one which conclusively
determines rights of the parties. Parties refer to persons, who are on the record as
plaintiff and defendant.
· Regarding all or any of The Matter in Controversy: The adjudication determines
the rights of parties must be with regard to all or any of the matter in controversy. It
reference to the subject matter of the suit in dispute and the decision of the court
may be with regard to even one matter in controversy.
· Conclusively Determines: The expression implies that the decision must be one
which is complete and final as regards the court which passed it. The decree may
conclusively determine the rights of parties although it does not completely dispose of
the suit.
·  Formal Expression: There must be formal expression of the suit adjudication. It
should be precise and specify the relief granted or other determination of the suit and
names and description of the parties.
Kinds of Decree:
               Decree may be classified into two kinds.
· Declaratory Decree: It is not capable of execution. It merely declares the rights of
the parties.
·  Executory Decree: Such decree is executed and enforceable by the court of Law.
Classes of Decree:
               Following are the different classes of decree as contemplated by Sec 2(2) of
C.P.C.
·         Preliminary Decree: A preliminary decree declares rights and obligations of
the parties leaving further matters to be determined in subsequent proceedings and it
is conclusive in nature.

·         Final Decree: A final decree is one which completely disposes of the suit so far
as the court passing it is concerned.

·         Partly Preliminary and Partly Final Decree: A decree may be of such a kind
which is final in part and partly preliminary.

   Example: In a suit for recovery of possession of immovable property and rent the
part of the decree, which directs delivery of possession of property is final, but the
part directing an inquiry as to rent or profit is preliminary.

·         Order Rejecting a Plaint: Section 2(2) declares that order rejecting a plaint is
a decree, though there is no adjudication of the rights of the parties but by fiction of
law, it is classed as decree.

·         Determination of Questions under Certain Provisions of C.P.C: By virtue of

Sec 2(2) all orders made u/s 144 and u/r 60, 98, 99, 101 and 103 of order 21 are
decrees.

Decrees not include the Following:

               By virtue of Sec2 (2), decree shall not include the following.
·                     Appellate Orders: An adjudication, from which an appeal lies, as an
appeal from an order, is not a decree.
               Example: Questions to be determined by the executing courts u/s 47 are
orders.

·                     Dismissal in Default: Order of dismissal of suit in default of

appearance of non-prosecution is not decree. I.e. orders passed under order 9 or 17 of
C.P.C.

●     Definition of Order u/s 2(14) of C.P.C:

                             Order means the formal expression of any decision of a Civil Courts
which is not a decree.
Essentials of Order:
·         Decision: the expression, “decision” refers to judicial determination of facts in
accordance with evidence.
·         By Civil Court: Decision must be one of Civil Court and not of the
administrative tribunal.
·         Formal Expression: Decision given by court must be formally expressed i.e. it
must be in writing, precise and the language must be deliberate, so that the
execution would be possible.
·         Not a Decree: The definition of order specifically excludes the decree from its
ambit and as such any adjudication of court which is decree, cannot be an order at
the same time.

Classes of Order:
        Following are the two Kinds of order.
·         Final Order
·         Interlocutory Order

JUDGEMENT
●     Definition u/s 2(a):
            Judgment means the statement given by the judge on the grounds of a decree
or order.

Essentials of Judgment:
            Following are the essentials of a Judgment.
·         Statement Given by a Judge: A Judgment means the judicial decision of the
court or Judge.
·         Need to be in Writing: It is only after the judge has reduced his decision into
writing that a Judgment comes into existence. An oral pronouncement is not a
Judgment.
·         Grounds of Decree or Order: Every statement of judge will not be a Judgment
but will be o only if such decisions can result in a decree or an order. Findings
recorded by trial court without referring to any evidence of the parties and without
discussing its legal effect after conscious application of mind would not withstand test
of the word judgment as defined in section 2(a) of C.P.C.

Difference between Decree and Order

Following are the differences between Decree and Order.
·                     As to Nature: Every decree is and order, but every order is not a
decree.

·                     Appeal: Ordinarily appeal lies from every decree, but order are
appealable only, if provided by sec 104 read with order 43.

·                     As to Second Appeal: A second appeal may lie against decree, but a
second appeal shall not lie against an order passed in appeal.

·                     Determination of Rights: Decree conclusively determines the rights of

the parties, but order does not necessarily conclusively determine the rights of the
parties.
·                     Classes: Decree is of five classes as provided u/s 2(2), while order may
be of final or interlocutory.

·                     Emergence: Decree cannot be emerged into an order, but every order
in a case can be merge into a decree.

Difference between Decree, Order and Judgment

·                     As to Execution: It is the decree or order which is capable of

execution and not the Judgment.

·                     Form: Decree and order always follow the Judgment while the
Judgment contains the grounds of both decree and order.

·                     Superiority: Judgment is superior in form and if decree or order is not

in accordance with it, they may be altered.

·                     Appeal: It is the decree or orders which is appealable and not the
judgment.

·                     Kinds: Decree and order has different kinds but that is not a case with
the judgment.

Conclusion:
        In the conclusion I can say that decision given by the judge is called judgment
which contains the grounds of the decree and order. Decree and order are analogous
to each other. They are defined under section 2(2, 9, and 14). The importance of
decree lies in fact that they are appealable and conclusively determine the rights of
the parties. There is difference between order, decree and Judgment.
 _________________________________________________________________________
________

Q: What are the different Modes of Execution of a Decree?

Ans:
Introduction:
            When a person obtains a decree from a court of law against another person,
his next step is to get the decree satisfied. The proceeding by which he moves the
court for satisfaction of decree is called execution proceedings. There are various
modes under C.P.C by which a decree can be executed.
Meaning:
            Execution literally means “Giving effect to or Carrying out”.
Definition:
            According to Oxford Dictionary Execution is the enforcement of the decree
and orders by the process of court, so as to enable the decree holder to recover the
fruits of the judgment.
OR
Execution means the process by which a decree is adjusted or satisfied.
Relevant Provisions:
            Section 36 – 74 of order 21 C.P.C is relevant provisions to the concerned
topic.
Modes of Execution of Decree:
            Following are different modes of execution of decree.
·         Decree for Payment of Money: According to order 21 rule 30 of C.P.C, “Every
Decree for the payment of money, including a decree for the payment of money as
the alternative to some other relief, may be executed,
·         By detention in the Civil Prison of the judgment Debtor or,
·         By the attachment and sale of his property, or
·         By both.

·         Decree for Specific Movable Property: According to Order 21 rule 31 sub rule
1 of C.P.C, “Where the decree is for any specific movable or for any share in specific
movable property, it may be executed,
·         By the seizure if practicable, of movable or share and
·         By the delivery thereof to the party to whom it has been adjudged, or as to
such person as he appoints to receive delivery on his behalf, or
·         By the detention in the Civil Prison of the Judgment Debtor, or
·         By the Attachment of this property, or
·         By both (Prison & attachment of Property)

·         Decree for specific performance for restitution of conjugal rights or for an
injunction: According to Order (21) rule (32) of C.P.C, “Where the party against
whom a decree for the specific performance of a contract, or for restitution of
conjugal rights or for an injunction, stay has been passed, has had an opportunity of
obeying the decree and if he has willfully failed to obey it, the decree may be
enforced, in the case of a decree for restitution of conjugal rights,
·         By the attachment of his property, or in the case of a decree for specific
performance of a contract or for an injunction.
·         By his detention in Civil Prison, or
·         By his detention in Civil Prison, or
·         By the attachment of his property, or
·         By both

·         Decree for Immovable Property:

According to Order 21 rule 35 sub-rule-1 of C.P.C, “Where a decree is for the delivery
of an immovable property, possession, thereof shall be delivered to the party to
whom it has been adjudged, or to such person as he may appoint to receive delivery
on his behalf and if necessary,
·         By removing / dispossessing any person bound by the decree who refuses to
vacate the property.

Power of Court to enforce Execution:

            The provisions of section (51) C.P.C, enumerates in general terms the various
modes, in which the court may in its discretion order the execution of a decree
according as the nature of the relief granted may require. This section states
generally the powers of the court in regard to the execution of decree leaving the
detail to be determined by the rules.
Section 51 C.P.C:
            Section 51 of C.P.C lays down the court may on the application of decree
holder subject to such conditions and limitation as may be prescribed, the court may
on the application of the decree holder order execution of the decree.
·         By delivery of any property specifically decreed.
·         By attachment and sale or by sale without attachment of any property.
·         By arrest and detention in prison.
·         By appointing a receiver.
·         In such other manner as the nature of the relief granted may require.

Court by which decree may be executed:

            According to Section 38 C.P.C, a decree may be executed either by the court
which passed it, or by the court to which it is sent for execution.
What decrees may be executed:
·               The decree of a court against which no appeal has been made shall be
executed after expiry of the limitation period.
·               Where a decree is reversed, modified on appeal, the only decree capable
of the execution is the appellate decree, but exceptionally where the appellate
judgment simply dismisses the appeal. General rule that the appellate decree alone is
to be executed, does not apply and the court should look at the later decree for the
information of its contents.

Conclusion:
            In the conclusion we can say that execution means the process by which a
decree is adjusted or satisfied. Decrees can be executed by various modes. Decree for
payment of money can be executed by the detention in the civil prison of the
judgment debtor, or by attachment and sale of his property or by both. Similarly
various decrees i.e. decree for specific movable property, for specific performance,
for execution of document, for immovable property can also be executed by above
explained modes.
 _________________________________________________________________________
________

Q: Civil Courts have Jurisdiction to try all suits of Civil Nature unless their
jurisdiction is barred. Comment?
Ans:
Introduction:
            The issue of jurisdiction is the ever expanding question of jurisprudence. The
concept of jurisdiction is very important in law, because the courts get the power,
and authority to inquire into facts, apply the law and decide judgment only if it has
jurisdiction. Section 9 of C.P.C provides generally the maximum extent of jurisdiction
of the Civil Courts.
Meaning of Jurisdiction:
            The term jurisdiction may be defined as under.
Jurisdiction refers to the (legal) authority to administer justice in accordance with
means by law and subject to the limitations imposed by law.
Relevant Provisions:
            Following are the relevant provisions of C.P.C regarding jurisdiction of Civil
Courts.
·         Section 9 of C.P.C
Cross reference:
·         Sec 6, 2(2) and 15 to 25 C.P.C
·         Sec 151 C.P.C
·         Order 7 rule 10, 11 C.P.C

Kinds of Jurisdiction:
            Following are kinds of jurisdiction.
·         Subject matters jurisdiction.
·         Pecuniary Jurisdiction.
·         Territorial Jurisdiction.
·         Personal Jurisdiction.

Jurisdiction conferred upon Civil Courts u/s 9:

            Civil Courts have jurisdiction to try all suits of Civil nature i.e. suits which
involves the assertion or enforcement of a civil right.
Suit involving right to property or office:
            According to explanation to sec.9 all suits involving right to property or office
are suits of civil nature, except those which only involves a decision on question as to
religious rites or ceremonies.
Rational Basis of Sec.9:
            Sec.9 is based on the following maxim.
            UBI JUS IBI REMEDIUM
            (Where there is a right there is a remedy)
Determination of Jurisdiction:
            Under Section 151, Civil Courts have inherent powers to decide the question
of their own jurisdiction.

Bar upon Jurisdiction of Civil Courts:

            Acceding to C.P.C following bars are created upon the jurisdiction of Civil
Courts.
·         Absolute Bars
·         Conditional Bars
·         Special Bars

·         Absolute Bars:

Following are the absolute bars as discussed in C.P.C.
·                     Res Sub Judice u/s 10: Section 10 prevents subsequent courts to try a
suit in which the matter directly and substantially in issue, also directly and
substantially in issue, in a former suit between the same parties, under the same
matters.
·                     Res Judicata: Where there is a judgment inter parties, it will prevent a
fresh suit between them regarding the same matters.
·                     Questions to be determined by court executing decree u/s 47: All
questions arising between the parties to the suit in the decree was passed, shall be
determined by the court executing decree and not by a separate suit.
·                     Restitution u/s 144: No suit shall be instituted for the purpose of
obtaining any restitution or other relief, which could be obtained by application.
·                     Suit to include the whole claim u/order 2 rule 2: Every suit shall
include the whole of claim, but where a plaintiff omits to sue in respect of or
intentionally relinquishes any portion of his claim, shall not afterwards sue in respect
of the portion omitted or relinquished.
·                     Decree against Plaintiff by default bars fresh suit u/order 9 rule 9:
Where a suit is dismissed, due to the default of plaintiff, then the plaintiff is
precluded from bringing, a fresh suit in respect of the same cause of action.
·                     An insolvent Person u/ord 22 rule 9: An insolvent person barred from
filing a suit.
·                     Withdraw of suit or Abandonment of part of claim u/ord 23 rule 1:
At any time after the institution of a suit, the plaintiff may withdraw his suit or
abandon part of his claim, as against all or any of the defendants; no fresh suit can be
instituted on the same subject matter or claim, as has been withdrawn.

·         Conditional Bars:

      Following are the conditional bars upon the jurisdiction of the court.
·                     Suit by Alien u/s 83: Alien (Foreigner) residing Pakistan, can only sue
in the court of Pakistan, when they get the permission from the Federal Government.
·                     Suit by Foreign States u/s 84: A foreign state may sue in any court of
Pakistan if it has been recognized by the Federal Government.

·         Special Bars:

     Following is special bar upon the jurisdiction of Civil Courts.
·                     Suit for breach of trust u/s 92: In case of any breach of any express or
constructive trust, created for the public purposes of a charitable or religious nature,
a suit can be filed by the Advocate General or two or more person having an interest
in the trust and having obtained the consent in writing of the advocate.
·                     Suits of which cognizance is expressly or impliedly barred: Besides
the bars contained in the provisions of C.P.C the cognizance of some suits are barred
either expressly or impliedly under other laws.

·         Express Bars: Express Bars means, Bars under express enactment of statute.
Following are the express bars upon the jurisdiction of Civil Courts.
·                     Criminal Matters: Jurisdiction of Civil Courts is barred in respect of
matters pending before criminal courts or already adjudicated upon, by such courts
but it will not be barred, when the proceeding before the criminal course and without
jurisdiction.
·                      Revenue Matters: Revenue matters within the exclusive jurisdiction of
revenue courts. The jurisdiction of civil courts barred, only up to the extent,
specifically provided for into the revenue law.
·                      Family Matters: Family matters are within the jurisdiction of family
courts and jurisdiction of Civil Court is barred in respect of such matters.

·         Implied Bar:

     Section 9 of C.P.C recognizes the doctrine of implied bar of jurisdiction. Following
are the implied bars on jurisdiction of Civil Courts.
·                     Act of State: An act of state, in an act done or adopted by a state in
its sovereign capacity. The jurisdiction of Civil Courts impliedly barred when the
subject matter of the suit is an, act of state. However, it is for the Civil Courts to
determine whether a particular action is an act of state or not.
·                     Public Policy: The jurisdiction of Civil Courts is impliedly barred on the
ground of public policy i.e. suits regarding matters which are injurious to public
welfare. For example suits in respect of privileged statements.
·                     Special Tribunals: If a statute creates a right or liability, not existing
in common law, and also establishes a special tribunal for the enforcement of such a
right, then jurisdiction of Civil Courts is barred, except when special tribunal is in its
very nature a forum of summary remedy.

Effect of Exclusion of Jurisdiction u/s 9:

                  Exclusion of jurisdiction of Civil Courts not to be readily inferred, but
must be explicitly expressed or clearly implied, where jurisdiction was excluded even
then Civil Courts would have jurisdiction to examine cases where provisions of the Act
had not been complied with or statutory tribunal had not acted in conformity with
fundamental principles of judicial procedure.
Conclusion:
In the conclusion we can say that by virtue of Sec.9 C.P.C Civil Courts having
jurisdiction to determine all suits of civil nature. The jurisdiction of Civil Courts
cannot be ultimate, because the provisions of C.P.C bars jurisdiction of certain cases
itself and there are other bars also under laws and thus curtail the jurisdiction of the
courts. The term jurisdiction itself means the limit, under which the court gets the
power and authority to administer justice.

Criminal Procedure Code

Q: Define Inquiry, Investigation and Trial, also differentiate between them?

Answer:

Introduction:
            The terms investigation, inquiry and trial denotes three different stages of
criminal case. Investigation is conducted by a Police Officer to collect evidence,
Inquiry is conducted by Magistrate or Court to determine the guilt of the accused and
trial is a Judicial proceedings which either ends in acquittal or conviction.
Investigation:
            Definition u/s 4(1)(l):
                        Investigation includes all the proceedings under this code for the
collection of evidence, conducted by a Police Officer or by any person other than a
magistrate, who is authorized by a magistrate in this behalf.
Analysis of the definition:
·         What is incudes:
      Investigation includes all the proceedings under this code for the collection of
evidence. Under the code, investigation consists generally of the following steps.
·         Proceedings to the spot.
·         Ascertainment of the fact and circumstances of the case.
·         Discovery and arrest of the suspected offender.
·         Collection of evidence of the offence which may consist of :
·         The examination of various persons (including the accused) and the reduction
of this statements into writing, if the officer thinks fit.
·         The search of places or seizure of things considered necessary for investigation
and to be produced at the trial.
·         Authority to Investigate:
      The Police Officer or any other person authorized by a magistrate in this behalf
are competent persons to investigate.

Commencement of Investigation:
The investigation commences in the following two ways.
·         When FIR is lodged than the Police Officer incharge is authorized person to
investigate.
·         When a complaint is made to magistrate than any person authorized by the
magistrate in this regard can investigate.
Malafide Investigation:
            Investigation launched malafide by investigating agencies would be open to
correction by invoking constitutional jurisdiction of High Court under Art.199 fo the
constitution. (1997 CMR 2008)
Inquiry:
Definition under Sec 4(1)(k):
Inquiry includes every inquiry other than a trial conducted under this code by a
magistrate or court.
·         Authority to conduct inquiry:
            The inquiry must be conducted by a magistrate or court.
·         Object of inquiry:
            The object of inquiry is to ascertain the truth of the facts in order to take
further action.

·         What it includes:

            This word is meant to include everything done in a case by a magistrate
whether the case has been challenged or not. It does not always mean a judicial
inquiry. Whether it does or not depends on the context in which it is used.
            The definition in the code is exhaustive under the code it means not only an
inquiry into an offence but extends to inquires into matters which are not offences.
Proceedings under chapter (XII) (disputes as to Immovable Property) are inquiries,
within the menaing of Sec.4 of the code.

·         What it excludes:

            Inquiry includes all inquiries conducted under this code, but not includes trials
conducted by a magistrate.

Difference between Investigation and Inquiry:

·         Authority to Conduct: An inquiry must be by a magistrate or court, whereas an
investigation is by a Police Officer or any person other than a magistrate or court.

·         Object: The object of an Inquiry is to determine the truth or falsity of certain
facts in order to take further action thereon, while the object of an investigation is to
collect evidence.

·         Stage: Inverstigation is the first stage of the case and normally procedes
inquiry by a magistrate.

·         Commencement: Inquiry commences when comlaint is filed to the magistrate

while investigation commences when FIR is lodges or complaint is made to the
magistrate.

Trial
The term trial has not been defined by CrPc. So it may be defined in general sense as,
“Trial means a proceedings, which starts when the case is called by a magistrate or
judge on the bench, the accused is in the dock and representatives for both the
prosecution and defence are in the court for the hearing of cae and this ends at either
acquittal or conviction”.
            Trial Pre-supposes the commission of an offence and generally begins with the
framing of charge.
Difference between Inquiry and Trial:
·         Endig: A trial is a Judicial proceeding which ends in conviction or acquittal. All
other proceedings are inquiries which have various ending according to circumstances.

·         Presuposition: The word trial as used in this code presuposes the idea of an
offence but “inquiry” does not necessarily presuposes the idea of an offence. It
extends to matters which are not offences. E.g Proceedings under Section 117, 145 &
514 of the code.

·   Defined: The term “Trial” has not been defined by the code but Inquiry has been
defined by the code under section 4(1)(k).

·   Purpose: The purpose of inquiry is to ascertain the truth a falsity of facts of the
case while the purpose of trial is to determine the guilt of the accused.
 _________________________________________________________________________
Q: Define Offence, also explain cognizable and Non-cognizable offences?
Ans:
Explanation: Offence: The term offence has been defined in the criminal procedure
code as,
            “Any act or omission made punishable by any law for the time being inforce.
It also includes any act in respect of which a complaint may be made under section 20
of the Cattle Trespass Act 1871, Sec.(4o).
According to Section (40) of PPC:
            Offence denotes a thing made punishable by the Pakistan Penal Code.
So the term “Offence” includes a contempt of court being an act punishable under
the contempt of court act. But it does not include neglect to maintain one’s wife and
children for an order by a Magistrate to a certan person to pay certain amount of
money for their maintenanace does not amount to his conviction.
Cognizable Offence & Cognizable Case:
            According to Sec 4(f) of the code:
“Cognizable offence means an offence for and “congnizable case” means a case in
which a Police Officer may in accordance with the second schedule or under any law
for the time being enforce arrest w/o warrant.
Analysis:
Police Officer: The term “Police Officer” used in the definition of cognizable
offences does not mean any Police Officer, but a Police Officer of a certain rank only.
Second Schedule: The second schedule attached to the code catalogues a list of
offences in column III showing as to whether the Police may arrest w/o a warrant or
not. It appears from the list that cognizable offences are generally more serious
offences, which are heavily punishable. In such cases the police have hardly any time
or opportunity to obtain a warrant of arrest from court for the offence. Being serious
the offender might escape by the time a warrant is obtained or temper with material
evidence. Example of cognizable offences are murder, cupable homicide, dacoity etc.
Non-Cognizable Offences & Non-Cognizable case:
            According to Sec.4(n) of the code:
Non-Cognizable offence means an offence for and non-cognizable case means a case
in which a Police officer may not arrest without warrant of arrest.
So, non-cognizable offences are minor offences, where the injury done for the society
is comparatively small and such the aggrieved party is expected to lodge a complaint
before criminal proceedings are initiated. Causing simple hurt is thus a non-cognizable
offence.
Difference between cognizable and Non-cognizable offences:
·     Congnizable offences are usually serious offences, while non-cognizable offences
are usually lighter ones.
·     In a cognizable offence the Police may arrest without a warrant of arrest whereas
in non-cognizable offence police may not arrest without warrant.
·     In a cognizable offence the police may not only arrest without warrant but has a
duty to investigate a case without seeking any permission for the same, while the
Police may investigate a non-cognizable offence only when so ordered or sanctioned
by a Magistrate.
·    Proceedings in non-cognizable case start by means of complaint but no complaint
need be made in cognizable case.
English (Precis & Composition)
PRECIS-WRITING
Precis is a French word which means summary and it is pronounced as “Pressee”.
Precis / summary is the reduction of the longer passage to small and short one in
one’s own words but the précis should convey the same message as given in the
original passage.  The theme of the original paragraph or passage should be reflected
fully in the précis and it should be lucid, brief and complete in all aspects, meaning
thereby that the concept of the original passage could be grasped from the summary.
All the main points from the original passage should completely be discussed and
expressed in the précis as it is the gist and main theme of the passage.
           Précis writing is a skill which is obtained by practice. There are no specific
pre-determined rules or principles for précis writing but following some points are to
be kept in mind while summarizing the passage.
1. Properly read out the passage again and again to understand the theme and idea of
the passage.
2. Point out the main ideas and points given in the passage and note them.
3. Precis is always written in “indirect form” and “third person” is used while
summarizing.
4. It should be one third of the original passage and in one single paragraph.
5. The words used in the original passage can be changed to other familiar words
which are easy to understand and gives the same meanings in more suitable way if
possible; otherwise if no substitutes are available then the words used in the original
passage are to be used.
6. The précis should be written in the way that it gives the main theme of the passage
and no addition should be made to it from one’s own side as well as no comments are
to be given.
7. It should give the idea which the original passage is describing.
8. It should be continuous and clear and also check it again after writing for deletion
of un-necessary words and statements if there.