Unit I

10-Mark Question: Explain the doctrine of res judicata and state the conditions
for its applicability.

The doctrine of res judicata is enshrined in Section 11 of the Code of Civil

Procedure, 1908 (CPC). It means "a matter already judged" and prevents the same
parties from litigating the same issue again in a subsequent suit. The object is to
prevent multiplicity of suits, save judicial time, and ensure finality in litigation.

Conditions for applicability:

1.​ Matter in issue must be the same: The matter directly and substantially in
issue in the former suit must be the same as in the subsequent suit.
2.​ Parties must be the same or their representatives: The parties in both
suits must be identical or litigating under the same title.
3.​ Former suit must have been decided by a competent court: The court that
decided the former suit must have had jurisdiction over the subject matter and
parties.
4.​ Final decision: The matter must have been heard and finally decided in the
former suit.
5.​ Same title: The parties must have litigated under the same title in both suits.

If these conditions are met, the subsequent suit is barred. However, it does not
apply to writ petitions, execution proceedings, or suits involving different causes of
action. Constructive res judicata (Explanation IV to Section 11) extends it to matters
that could have been raised but were not.

6-Mark Question: Explain foreign judgement.

A foreign judgement is defined under Section 2(6) of CPC as a judgement

pronounced by a foreign court. Section 13 provides that a foreign judgement is
conclusive as to any matter directly adjudicated, unless it falls under exceptions:

1.​ Not pronounced by a competent court.

2.​ Not given on merits.
3.​ Opposed to natural justice.
4.​ Obtained by fraud.
5.​ Founded on breach of Indian law or international law.
6.​ Contrary to public policy.

Under Section 14, a foreign judgement is presumed valid if certified by the foreign
court. It can be enforced in India via execution under Section 44A (if from
reciprocating territory) or by filing a fresh suit on the judgement.
Unit II
10-Mark Question: Explain the different parts of a plaint.

A plaint is the written statement of the plaintiff's claim, initiating a civil suit under
Order VII of CPC. Its parts are:

1.​ Heading and Title (Rule 1(a)): Name of the court, suit number, names and
addresses of parties.
2.​ Body/Description of Parties (Rule 1(b)): Details of plaintiff and defendant,
including age, occupation, residence.
3.​ Cause of Action (Rule 1(e)): Facts showing plaintiff's right, defendant's
infringement, and when the cause arose.
4.​ Jurisdiction (Rule 1(f)): Statement that the court has pecuniary, territorial,
and subject-matter jurisdiction.
5.​ Valuation (Rule 1(i)): Value of the suit for jurisdiction and court fees.
6.​ Relief Claimed (Rule 1(g)): Specific relief sought (e.g., damages, injunction).
7.​ Verification and Signature (Rule 14): Plaintiff verifies facts are true; signed
by plaintiff or authorized agent.
8.​ Documents (Rule 14): List of relied-upon documents.

The plaint must comply with fundamental rules of pleadings (Order VI): be concise,
state material facts, not law, and avoid evidence.

6-Mark Question: Explain set-off and counter claim.

Set-off (Order VIII Rule 6): It is a cross-claim by the defendant against the plaintiff
for ascertained sums in the same suit, adjusting the plaintiff's claim. Conditions:
Must be a money suit, ascertained sum, within pecuniary jurisdiction, and legally
recoverable. It bars separate suit for that amount.

Counter claim (Order VIII Rule 6A): A claim by defendant against plaintiff, treated
as a separate suit. It can be for any amount (not necessarily ascertained), must
arise from the same transaction or be related. Filed with written statement; court can
treat it as plaint. Difference: Set-off is defensive adjustment; counter claim is
offensive and can exceed plaintiff's claim.
Unit III
10-Mark Question: What is an ex-parte decree? State the remedies available
against it.

An ex-parte decree is passed under Order IX Rule 6 of CPC when the defendant
fails to appear despite proper summons, and the court proceeds based on plaintiff's
evidence alone. It is valid but can be challenged.

Remedies:

1.​ Application to set aside (Order IX Rule 13): Defendant can apply within 30
days of knowledge, showing sufficient cause for non-appearance (e.g.,
improper service, illness). Court may set aside if cause is genuine.
2.​ Appeal (Section 96): Appeal to higher court on merits, but must show decree
is erroneous.
3.​ Review (Order XLVII Rule 1): If new evidence or error apparent on record.
4.​ Suit for fraud (Section 17): If decree obtained by fraud.
5.​ Revision (Section 115): If jurisdictional error.

Limitation for setting aside is 30 days from date of decree or knowledge.

6-Mark Question: Explain admissions.

Admissions are statements by a party accepting facts as true, under Order XII of
CPC. Types:

1.​ Judicial admissions (Rule 1): In pleadings or court, binding and dispense
with proof.
2.​ Evidentiary admissions: In documents or statements, not conclusive but can
be explained.

Effects: Admissions in pleadings are conclusive (no proof needed), but can be
withdrawn with court permission if erroneous. Notice of admission (Rule 2) can be
given to opponent for costs saving. Admissions simplify trials by narrowing issues.
Unit IV
10-Mark Question: What are the procedures for filing suits by or against
government or public officers?

Suits by/against government/public officers are governed by Sections 79-82 of CPC.

Procedure:

1.​ Notice (Section 80): Mandatory 60-day notice to government (Central/State)

or officer, stating cause of action, relief, plaintiff's details. Urgent suits need
court leave for waiver.
2.​ Parties (Section 79): Suit against Central Government in name of Union of
India; State in name of State. Public officer in official capacity.
3.​ Plaint particulars: Must state notice was served.
4.​ Execution (Section 82): Decree against government executable after 3
months unless urgent. No arrest/attachment of public property without notice.
5.​ Protection for public officers (Section 80(3)): Acts in official capacity
protected if in good faith.

Purpose: Give government time to settle, prevent frivolous suits.

6-Mark Question: Explain revision.

Revision is under Section 115 of CPC, where High Court can revise subordinate
court orders if:

1.​ Jurisdictional error (exercised illegally or with material irregularity).

2.​ No appeal lies.
3.​ Injustice caused.

Application within 90 days. High Court can suo moto revise or on application. It
examines legality, not facts/merits. Differs from appeal (re-examines facts) and
review (same court). Purpose: Correct jurisdictional errors for justice.
Unit V
10-Mark Question: Limitation extinguishes the remedy but not the right. Explain.

This principle from the Limitation Act, 1963, means expiry of limitation bars court
remedy but the substantive right persists (Section 3). E.g., unpaid debt right exists,
but suit barred after 3 years (Article 19).

Explanation: Limitation is procedural, not substantive. Right can be enforced via

other means (e.g., set-off, acknowledgement restarts limitation). Objects: Promote
diligence, prevent stale claims, preserve evidence. Exceptions: No limitation for
certain rights (e.g., constitutional). Acknowledgement (Section 18) or part-payment
(Section 19) extends period. Fraud/mistake (Section 17) postpones start.

6-Mark Question: Explain condonation of delay.

Condonation of delay is under Section 5 of Limitation Act, allowing courts to excuse

delay in appeals/applications (not suits) if "sufficient cause" shown (e.g., illness,
bona fide mistake). Not a right; discretionary. Factors: Length of delay, explanation,
prejudice to opponent, applicant's diligence. Supreme Court in Collector v. Katiji:
Liberal approach, no rigid rules. Limitation: Not for execution beyond 12 years
(Article 136). Purpose: Prevent injustice from technicalities.
Define Summons, Modes of Service of Summons
Definition of Summons:

Under Section 2(9) of the Code of Civil Procedure, 1908 (CPC), a summons is a
formal document issued by the court to notify the defendant or any other person
(such as a witness) to appear before the court or to perform a specific act, like
producing documents. It is the initial process to inform the opposite party about the
institution of the suit and to enable them to respond. The purpose is to ensure
natural justice by giving the party an opportunity to be heard. Summons can be for
appearance (defendant summons under Order V) or for witnesses (under Order
XVI).

Modes of Service of Summons (Order V, Rules 9-30):

The court ensures proper service to avoid ex-parte proceedings. The modes are:

1.​ Personal Service (Rule 10-16): The summons is delivered directly to the
defendant or their agent by a court officer (bailiff). If the defendant refuses, it
can be affixed to their residence (affixation service).
2.​ Service by Registered Post or Courier (Rule 9A): Allowed with
acknowledgment due, or through approved courier services. If returned
unserved, it is deemed good service if properly addressed.
3.​ Substituted Service (Rule 20): If personal service fails despite due diligence
(e.g., defendant evading), the court may order service by affixing a copy at the
defendant's last known residence, publishing in a newspaper, or other means
like email/SMS (as per amendments). This is resorted to when ordinary
modes fail.
4.​ Service on Agent or Adult Family Member (Rule 15): If the defendant is
absent, service can be on an authorized agent or adult male family member
residing with them. For females, service through male members is preferred.
5.​ Service in Special Cases:
○​ On corporations (Section 28, Rule 28): To principal officer or registered
office.
○​ On government servants (Rule 27): Through head of office.
○​ On prisoners (Rule 24): Through jail superintendent.
○​ Outside jurisdiction (Section 28): Through another court.
○​ Foreign summons (Sections 29): Through diplomatic channels.

Service must be proved by affidavit (Rule 19). Improper service can lead to setting
aside of decrees. The 2015 amendment allows electronic service for efficiency.
Define Decree and Order. Difference Between Decree and Order
Definition of Decree (Section 2(2), CPC):

A decree is the formal expression of an adjudication by the court which conclusively

determines the rights of the parties with regard to all or any of the matters in
controversy in the suit. It can be preliminary (determining rights but not fully
disposing the suit, e.g., partition suit where shares are decided but division pending)
or final (completely disposing the suit). It must be in writing, signed by the judge, and
bear the seal of the court. Examples: Decree for specific performance, money
recovery, or injunction. Rejections of plaint (Order VII Rule 11) or dismissals for
default (Order IX) are also deemed decrees.

Definition of Order (Section 2(14), CPC):

An order is the formal expression of any decision of a civil court which is not a
decree. It includes interlocutory decisions that do not finally determine the
substantive rights but regulate the procedure or grant interim relief. Orders are
passed during the pendency of the suit and are not conclusive like decrees.
Examples: Order granting temporary injunction (Order XXXIX), order for discovery
(Order XI), or order rejecting an application.

Procedure of Filing Suits By or Against Government Officer

Suits by or against the government or public officers are governed by Sections

79-82 of the CPC to protect public interest and ensure proper representation. The
procedure emphasizes notice to allow settlement and prevent harassment.

Procedure (Section 79-80):

1.​ Naming of Parties (Section 79):

○​ Suit against Central Government: In the name of the "Union of India."
○​ Suit against State Government: In the name of the "State" (e.g., State of
Karnataka).
○​ Suit against public officer in official capacity: Name the officer with
designation (e.g., Collector of Bengaluru). If in personal capacity, no
special procedure.
2.​ Mandatory Notice (Section 80(1)):
○​ Before filing, serve a 60-day written notice to the government or officer.
○​ Contents: Plaintiff's name/address, cause of action, relief claimed, and
details of the act/omission.
○​ Service: To Secretary (Central Govt.), Chief Secretary/Collector (State),
or the officer concerned.
 ○​ Purpose: Allow the government to investigate and settle amicably.
Notice is mandatory; suit without it is dismissed (unless waived).
○​ Exception (Section 80(2)): For urgent relief (e.g., injunction against
demolition), court can grant leave to file without notice, but reasons
must be recorded. Post-suit notice can be served.
3.​ Plaint Requirements (Order VII):
○​ State that Section 80 notice was served (or waived).
○​ Verify compliance; non-compliance leads to rejection under Order VII
Rule 11.
4.​ Defenses and Protections:
○​ Acts done in official capacity protected if in good faith (Section 80(3)).
○​ No arrest or attachment of public property without opportunity to
government (Order XXVII Rule 5A).
5.​ Execution of Decree (Section 82):
○​ Decree against government: Executable after 3 months (or as court
directs) to allow compliance. No personal liability on officers.
○​ If unsatisfied, certificate to Collector for execution as revenue arrears.
6.​ Special Rules for Public Officers (Order XXVII):
○​ Government pleader represents (Rule 1).
○​ Extension of time for written statement (Rule 3).
○​ No costs against government unless mala fide (Rule 8A).

Failure to follow leads to dismissal. Case law: State of A.P. v. Pioneer Builders –
Notice must be substantially compliant.

When a Commissioner Can Be Appointed by the Court? What Are His Powers
When a Commissioner Can Be Appointed (Order XXVI, CPC):

A commissioner is a neutral person (e.g., advocate, surveyor) appointed by the

court to perform specific tasks like local investigation, which the court cannot do
itself. Appointment is discretionary, not a right, and aims to aid justice by gathering
evidence. Circumstances (Rules 1-8):

1.​ Local Investigation (Rule 9): To elucidate facts in dispute, e.g., ascertain
property boundaries, damages, or mesne profits. When physical inspection is
needed (e.g., land encroachment suit).
2.​ Examination of Witnesses (Rules 1-8): If witness is sick, aged, or
pardanashin woman unable to attend court; or for public servants/government
exams.
3.​ Scientific/Technical Investigation (Rule 10A): For expert opinion on
scientific matters, e.g., handwriting, DNA, or engineering issues.
 4.​ Accounts Adjustment (Rule 11-12): In partition suits or complex accounts,
to examine/audit books.
5.​ Sale of Property (Rule 10C): For perishable goods or auction in execution.
6.​ Ministerial Acts (Rule 10B): Like inventory of property.
7.​ Other Cases: In appeals or as court deems fit (e.g., video recording of
evidence). Not for deciding core issues, only to assist (cannot replace judge's
role).

Application by party or suo moto by court; appealable if erroneous.

Powers of Commissioner:

1.​ Enter Premises and Inspect (Rule 9, 18): With notice to parties; take
measurements, photos, or samples.
2.​ Examine Witnesses (Rules 1-8, 16): On oath, record evidence, compel
attendance/production of documents (like a court under Sections 75-78).
3.​ Summon Persons/Documents: Limited to task; can issue summons.
4.​ Submit Report (Rule 10): With evidence/findings; becomes part of record.
Court can accept, vary, or reject with reasons. Parties can examine
commissioner in court (Rule 10(3)).
5.​ Expert Assistance: For technical tasks.
6.​ No Judicial Powers: Cannot decide liability or pronounce judgment; report is
evidentiary, not binding (court evaluates). Remuneration fixed by court (Rule
15).