⚖ 100 Civil Procedure Code (CPC) Rapid Answers
(District Judge / HJS Level – One Line, Court-Ready)
🔹 JURISDICTION
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Jurisdiction is foundational; defect cannot be cured by consent.
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Territorial jurisdiction objection must be taken at earliest.
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Pecuniary jurisdiction goes to root only if failure of justice shown.
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Subject-matter jurisdiction cannot be waived.
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Court must first decide jurisdiction before merits.
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Place of suing depends on cause of action.
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Cause of action means bundle of essential facts.
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Even part cause of action confers jurisdiction.
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Objection not raised at trial stage is deemed waived (territorial/pecuniary).
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Inherent lack of jurisdiction renders decree nullity.
🔹 PLAINT & REJECTION
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Plaint must disclose cause of action.
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Rejection under Order 7 Rule 11 is based on plaint averments alone.
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Defence cannot be considered in O7R11.
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Limitation can be ground for rejection if apparent from plaint.
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Clever drafting cannot create illusion of cause of action.
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Court must read plaint meaningfully, not formally.
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Partial rejection of plaint is impermissible.
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Valuation must reflect real relief claimed.
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Under-valuation must be corrected before rejection.
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Rejection of plaint amounts to decree.
🔹 WRITTEN STATEMENT
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Written statement must deal specifically with allegations.
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Non-traverse amounts to admission.
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Time limit for WS is directory but not elastic.
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Counterclaim is cross-suit in same proceedings.
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Set-off applies only in ascertained sums.
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Amendment of WS is liberally allowed.
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Subsequent events may be pleaded with leave.
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Additional WS requires court permission.
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Striking off defence is exceptional power.
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Denial must be specific, not evasive.
🔹 ISSUES & TRIAL
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Issues arise when material propositions are affirmed and denied.
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Court must frame issues before evidence.
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Burden of proof lies on party asserting fact.
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Evidence without pleadings cannot be considered.
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No amount of evidence can substitute pleadings.
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Admissions are best evidence.
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Court may pronounce judgment on admission.
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Ex parte decree requires proof, not mere absence.
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Cross-examination tests credibility.
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Affidavit evidence must be tested by cross-examination.
🔹 INTERIM RELIEFS
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Temporary injunction requires prima facie case.
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Balance of convenience must favour applicant.
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Irreparable injury must be shown.
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Status quo order preserves subject matter.
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Ex parte injunction must record reasons.
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Suppression of material facts disentitles relief.
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Interim relief cannot grant final relief indirectly.
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Injunction against true owner is exceptional.
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Specific performance suits often require status quo.
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Equitable relief demands clean hands.
🔹 AMENDMENT OF PLEADINGS
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Amendment necessary for real controversy should be allowed.
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Post-trial amendments require due diligence.
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Amendment changing nature of suit is impermissible.
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Limitation may bar amendment introducing new cause.
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Amendment relates back unless injustice caused.
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Technicalities should not defeat substantial justice.
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Bona fide mistake can be corrected.
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Amendment cannot withdraw clear admission casually.
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Delay alone is not ground to reject amendment.
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Prejudice to opposite party is decisive factor.
🔹 RES JUDICATA
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Res judicata bars re-litigation of same issue.
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It applies to matters directly and substantially in issue.
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Constructive res judicata bars matters which ought to have been raised.
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Res judicata applies even to execution proceedings.
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Consent decree may operate as res judicata.
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Jurisdictional defect negates res judicata.
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Former suit must be decided by competent court.
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Principle promotes finality in litigation.
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Public policy underlies res judicata.
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Interlocutory orders rarely attract strict res judicata.
🔹 EXECUTION
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Execution court cannot go behind decree.
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Null decree can be challenged even in execution.
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Objections under Section 47 must relate to execution.
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Separate suit barred for execution-related questions.
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Attachment before judgment prevents frustration of decree.
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Arrest in execution is last resort.
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Decree holder must strictly prove decree terms.
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Limitation in execution begins from enforceability.
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Compromise in execution requires court recording.
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Executing court enforces, not modifies decree.
🔹 APPEALS
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Appeal is continuation of suit.
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First appellate court reappreciates facts and law.
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Second appeal lies only on substantial question of law.
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Substantial question must be framed at admission.
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Remand is exceptional, not routine.
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Interference in findings of fact is limited in second appeal.
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Cross-objections are independent right.
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Appellate court may take additional evidence cautiously.
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Delay condonation requires sufficient cause.
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Appeal against ex parte decree is maintainable.
🔹 REVIEW, REVISION & INHERENT POWERS
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Review lies for error apparent on face of record.
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Review is not rehearing of case.
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Revision corrects jurisdictional errors.
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Revisional court cannot reappreciate evidence.
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Section 151 saves inherent powers.
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Inherent power cannot override express provision.
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Fraud vitiates all judicial acts.
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Procedural law is handmaid of justice.
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Court has duty to prevent abuse of process.
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Justice must prevail over technicalities.