Part I - Suits in General (9-35)

Question 1

Section - 9

Answer 1

Courts to try all civil suits unless barred

Courts have jurisdiction to try all suits of a civil nature except in suits of which their cognizance is either expressly or impliedly barred

Question 2

Section - 10

Answer 2

Stay of Suit

No court shall proceed with the trial of any suit in which the matter in issue is:-

Also directly and substantially in issue in a previously instituted suit between the same parties,

Others

Question 3

Section - 11

Answer 3

Res Judicata

Suit of same matter in issue in a former suit between same parties shall not be tried.

*Former Suit - Which has been decided prior to the suit in question whether or not it was instituted prior thereto is of no consequence.

Question 4

Section - 12

Answer 4

Bar to further suit

Plaintiff shall not file further suit(s) of any particular cause of action where it is precluded by rules.

Question 5

Section - 13

Answer 5

When foreign judgement not conclusive

(a) Not pronounced by a Court of Competent Jurisdiction;
(b) Not given on merits of the case;
(c) Founded on an incorrect view of international law or refusal to recognize the law of India;
(d) Proceedings are opposed to natural justice;
(e) Obtained by fraud
(f) Sustains a claim founded on a breach of any law in force in India.

Question 6

Section - 14

Answer 6

Presumption as to foreign judgements

It is presumed that such judgement was pronounced by a Court of Competent Jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.

Question 7

Section - 15

Answer 7

Court in which suits to be instituted

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

Question 8

Section - 16

Answer 8

Suits to be instituted where subject matter situate

(a-f list of type of suits in CPC)

Either in the court within the local limits of whose jurisdiction the property is situate,

Or in the court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.

Question 9

Section - 17

Answer 9

Suits for immovable property situate within jurisdiction of different courts

Suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate.

Provided that, in respect of the value of the subject matter of the suit, the entire claim is cognizable by such court.

Question 10

Section - 18

Answer 10

Place of institution of suit where local limits of jurisdiction of courts are uncertain

Court can record a statement for uncertainty of jurisdiction and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree shall have the same effect as if the property were in situate within the local limits of its jurisdiction.

*Objection procedure is also mentioned in sub section (2)

Question 11

Section - 19

Answer 11

Suits for compensation for wrongs to person or movable

If cause of action arises within the jurisdiction of one court and the defendant resides, carries on business, or personally works for gain in the jurisdiction of some other court, the suit shall be instituted at the option of the plaintiff in either of the said courts.

Question 12

Section - 20

Answer 12

Other suits to be instituted where defendant(s) reside or cause of action arises

Question 13

Section - 21

Answer 13

Objections to jurisdiction

No objection as to the place of suing, pecuniary limits or competence of executing court shall be allowed by the Appellate or Revisional Court unless such objection is taken at the earliest possible opportunity, and unless there has been a consequent failure of justice.

Question 14

Section - 21A

Answer 14

Bar on suit to set aside decree on objection as to place of suing.

No suit shall lie challenging the validity of a decree passed in a former suit between same ties, or parties on any ground based on an objection as to the place of suing.

*Former Suit means a suit which has been decided prior to the decision in the suit in which the validity of the decree is questioned, whether or not the previously decided suit was instituted prior to the suit in which the validity of such decree is questioned is of no consequence.

Question 15

Section - 22

Answer 15

Power to transfer suits which may be instituted in more than one court

Where a suit may be instituted in any of two or more courts and is instituted in any one of such court any defendant after notice to other parties may at the earliest possible opportunity apply to have suit transferred to another court and the court after considering the objections of other parties (if any) shall determine in which of the several courts having jurisdiction the suit shall proceed

Question 16

Section - 23

Answer 16

To what court application lies

*

Question 17

Section - 24

Answer 17

General power of transfer and withdrawal

*

Question 18

Section - 25

Answer 18

Power of Supreme Court to transfer suits, etc.

*

Question 19

Section - 26

Answer 19

Institution of suits

(1) Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.
(2) In every plaint, facts shall be proven bu affidavit.

Question 20

Section - 27

Answer 20

Summons to defendants

Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed on such day not beyond thirty days from date of the institution of the suit.

Question 21

Section - 28

Answer 21

Service of summons where defendant resides in another state

*

Question 22

Section - 29

Answer 22

Service of foreign summonses

*

Question 23

Section - 30

Answer 23

Power to order discovery and the like

*

Question 24

Section - 31

Answer 24

Summons to witness

*

Question 25

Section - 32

Answer 25

Penalty for default

Court may compel the attendance of any person to whom a summons has been issued under Section - 30 and may -

(a) issue a warrant for arrest
(b) attach and sell property
(c) impose a fine not exceeding 5000 rupees; and,
(d) order to furnish security for appearance and in default, commit to the civil prison.

Question 26

Section - 33

Answer 26

Judgement and decree

Court after the case has been heard, shall pronounce judgement, and on such judgement a decree shall follow.

Question 27

Section - 34

Answer 27

Interest

Where a decree is for the payment of money, the court may, in the decree, order interest at such rate as the court deems reasonable to be paid on the principal sum adjudged.

*

Question 28

Section - 35

Answer 28

Costs

Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid. The fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers.

*

Question 29

Section - 35A

Answer 29

Compensatory costs in respect of false or vexatious claims or defences

*

Question 30

Section - 35B

Answer 30

Costs for causing delay

*