Name : Dasari Sudhir

Class: 3rd year V sem

CPC 1st Internal

1. Res judicata:
Res judicata is a legal principle that prevents the same matter from being
litigated again between the same parties or their privies, once it has been
adjudicated and received a final judgment. It is governed by Section 11 of
the Code of Civil Procedure (CPC). The landmark judgment on res judicata is
the case of Gulabchand Chhotalal Parikh v. State of Gujarat [AIR 1965 SC
1153], where the Supreme Court held that res judicata is a fundamental
principle of law designed to promote finality and prevent abuse of the legal
process.
2. Res subjudice:
Res subjudice refers to a matter that is currently pending and being
considered by a court. It means that until a final decision is reached by the
court, no other forum should discuss or deal with the matter. The doctrine
of res subjudice is provided under Section 10 of the CPC. A landmark
judgment on res subjudice is the case of Kameshwar Prasad v. Rajendra
Prasad [(2011) 4 SCC 478], where the Supreme Court held that the principle
of res subjudice applies to civil and criminal proceedings, prevents parallel
proceedings, and ensures the judicial process is not abused.

3. Jurisdiction:
Jurisdiction is defined as the limit of judicial authority or extent to which a
court of law can exercise its authority over suits, cases, appeals etc. A 1921
Calcutta High Court judgement in the case of Hriday Nath Roy Vs Ram
Chandra sought to explain the meaning of the term ‘Jurisdiction’ in detail.
Section 9 of the Code of Civil procedure deals with the jurisdiction of civil
courts in India.
Jurisddiction types:
As per the Code of Civil Procedure (CPC), there are different types of
jurisdictions recognized in the legal system. These include:

1. Territorial jurisdiction: This refers to the geographical area within which a

particular court has the authority to hear and decide cases. Each court has
a specific territorial jurisdiction defined by law. For example, a district court
typically has jurisdiction over cases arising within its district.

2. Pecuniary jurisdiction: This refers to the monetary limits within which a

court has the authority to hear and decide cases. Different courts have
different pecuniary jurisdiction. For example, a district court may have
Name : Dasari Sudhir
Class: 3rd year V sem

jurisdiction over cases up to a certain monetary limit, while a higher court

like a High Court or the Supreme Court may have jurisdiction over cases of
higher value.

3. Subject matter jurisdiction: This refers to the type or nature of the case
that a court has the authority to hear. Different courts may have specialized
subject matter jurisdiction over specific types of cases. For example, the
Intellectual Property Appellate Board has subject matter jurisdiction over
cases related to intellectual property rights.

4. Original jurisdiction: This refers to a court's power to hear and decide a

case in the first instance. In other words, a court has original jurisdiction
when it is the first court to hear a case. For example, a district court has
original jurisdiction over civil cases within its territorial and pecuniary
limits.

5. Appellate jurisdiction: This refers to a court's power to review and hear an

appeal from a lower court's decision. An appellate court does not hear cases
in the first instance but reviews decisions made by lower courts. Higher
courts like High Courts and the Supreme Court have appellate jurisdiction
over cases decided by lower courts.

These different types of jurisdictions help ensure that cases are heard by the
appropriate court based on factors such as geographical location, monetary
value, and subject matter expertise.

5. Essentials of plaint under CPC:

1.Court name 2. Case No. 3. Name of Parties 4. Tittle of suit 5. Description
of parties & Advocates 6. Facts 7. Causes 8. Jurisdiction 9. Limitation
10. Court fee 11. Prayer 12. Verrification 13. Date 14.
Place and sign 15. Affidavit

6. Decree, Order, and Judgment difference:

1. Decree: A decree is the final adjudication of the rights of the parties in a

civil case by a court. It conclusively determines the issues and orders the
party against whom it is passed to do or refrain from doing something.
Name : Dasari Sudhir
Class: 3rd year V sem

2. Order: An order is a direction or command issued by a court on any

matter related to the case. It can be an interim or final order. Unlike a
decree, an order may not finally dispose of the case.

3. Judgment: A judgment is a reasoned decision or opinion of the court

containing the findings, conclusions, and orders of the court. It can result in
a decree or an order.

7. Pleadings:
Pleadings are formal written statements filed by the parties in a lawsuit to
define the issues and present their respective claims and defenses.
Pleadings include the plaint (complaint), written statement, counterclaim,
reply, etc. They allow the parties to clearly set out their case and enable the
court to ascertain the controversy between the parties. Pleadings are
governed by Order VI of the CPC.

8. Summons:
The provision related to summons are given in Section 27-32 and Order V of
CPC.Summons is a legal document issued by a court to a defendant,
notifying them of a lawsuit and requiring them to appear in court on a
specified date. It is a formal means of initiating legal proceedings and
notifying the defendant. The provision of summoning amended in the CPC is
governed by section 319. This sections empowers the court to summon any
person who is not an accused, but whose examination is considers
necessary in order to arrive a just decision.

9. Decree holder:
In Section 2(3) of the CPC, the term “decree holder” has been define. A
decree holder is a person or party in whose favor a decree has been passed
by a court. They are entitled to enforce the decree and take necessary steps
to recover the amount or obtain the relief mentioned in the decree.

10. List out 5 amendments of CPC between 1999 to 2002:

1.Summons- defendant / respondent/ opp party within 30 days of date of
filing of suit.
2) written statement or Counters – with in 30 days extend to 90 days
Name : Dasari Sudhir
Class: 3rd year V sem

3) for individual maximum 120 days for Commercial disputes.

4) Penality for non-Appearance & default 5000
4) No Appeals if value of subject matter is below 1000
5) ADR - see 89 of cpc parties Con go to Amicable Settlements before
framing issues.

Fill in the blanks

1. Place of suing in respect of suits for compensation for wrong or
movable property has been dealt with – SEC 19 OF CPC
2. Order 8 and Rule 1 deals with written statements under CPC.
3. Bar to further suit is dealt under section 12 of CPC.
4. Order for inspection in the CPC dealt under Order 11 Rule 12 to 21
5. Order 8 rule 10 dealt with the procedure when party fail to present a
written statement call for by the Court.
6. Section 25 of CPC deals with the power of SC to transfer suits from 1
state to another state.
7. Place of immovable property within the jurisdiction of different courts
has been provided under section 16 of CPC
8. Under section15 of CPC every suit should be instituted in the court
of lower grade competent to try it.
9. ABCD & E are jointly and severally liable for the decree obtained by F
as per ORDER 21 RULE 18 of CPC. This is also called as Execution
in Cross Decress.
10. A sues B to recover one of the 2 Proprerties left by C under the
ground that B is not a legal heir. Thereafter, A applied to amend his
plaint including the 2nd property left out in the original plaint. B
opposed this application of amendment, which is rejected by the
court.
11. For 1000/- under a decree obtained by F. A obtains a decree for
1000/- against F.singly and applies for execution to the court in
which the joint decree is being executed.
Ans: Order 21 rule 18
12. A sued to recover a house from B and certain lands from c.The
suit was decreed ex party against both deffendents. B applied to set of
asidethe exparty decree and having settled the dispute with A. A
applied to withdraw his petition. What is the position of C ?
Ans. C own petition to set aside (doubt) ?
13. Rule of realialble distribution of proceedings of executing a sale
among decree holder is contained in section 73 of CPC
14. In the following the Resjudicata is not applicable - CONTEMPT
& COMPROMISED DECREES, DISMISSAL OF DEFAULT
Name : Dasari Sudhir
Class: 3rd year V sem

15. ORDER 11 RULE 7 of CPC Deals with the statement of

production of evidence in CPC
16. SUITS Under section 20 of CPC can be instituted where cause
of Action arises either whole or partly.
17. In order for that a decision for a formal suit may operate as
RESJUDICATA The court which may deals (An issue heard and
finally decided by a Court of limited jurisdiction)

18. Order 11 RULE 17 of CPC deals with TIME FOR INSPECTION

when the notice has been given to the party
19. Order 5 RULE 19A deals with SIMULTANEOUS ISSUE OF
SUMMONS for the service by the post in addition to personal services.
20. SECTION 39 deals with the transfer of decree to court in
another state in the court of CPC

Disclaimer: Please note that I have prepared answers only for assistance
purposes only and it may contain errors due to limited understanding of
handwriting and lack of time for verification. Please independently verify
the information provided and I have prepared answer only for questions
that I received as important for the internal examination by our
classmates. If any question is not on this list and If any of you find any
mistakes kindly inform us in the group so that all classmates can score
well. Thank you