CPC GK 1 - What is a Suit, contents of  Pleading, evidence, necessary Party, proper party, claim, Pecuniary Jurisdiction, Territorial Jurisdiction, Jurisdiction as per subject matter, Rejection of Plaint, legal notice to the Government, party to the suit, suit by or against Corporations, business name, suit against minor, when minor attains majority and Suit by indigent person
 

SNo Legal Term/Question Answer
1 What is a Suit As per Order IV Rule 1 of CPC Suit is instituted by presentation of a Plaint in Duplicate
2 What are the contents of a Pleading A Pleading shall contain only a statement in a concise form and that too only of material facts
3 Is it necessary to show evidence in Pleadings No, Pleadings are not to contain evidence
4 What are the contents of a Suit A Plaint should contain particulars specified in Order VIII, Rule 1 to 8 of CPC. They are:

Rule 1 Written statement

Rule 2 Suits on lost negotiable instruments

Rule 3 Denial to be specific

Rule 4 Evasive denial

Rule 5 Specific denial

Rule 6 Particulars of set-off to be given in written statement

Rule 7 Defence or set-off founded upon separate grounds

Rule 8 New ground of defence

5 What are the essentials Particulars of a Plaint i. Name of the Court in which the suit is brought;

ii. Name , Description and place of residence of plaintiff;

iii. The name, description and place of residence of the defendant, so far as they can be ascertained;

iv. Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;

v. The facts constituting the cause of action and where it arose

vi. Jurisdiction of court

vii. Relief claimed by Plaintiff

viii. If Plaintiff relinquished something or set off, details of that

ix. Value of subject matter of the suit for the purpose of jurisdiction and of court-fees.

6 Can all persons be joined as Plaintiff Yes, As per Order 1 Rule 1 and 3 of CPC all persons may be joined in one suit as Plaintiff
7 Can the Court order for separate trial Yes
8 Who is necessary Party Necessary party is without whom no order can be made effectively
9 Who is property party Proper Party is one whose absence an effective order can be made, but whose presence is necessary for complete and final decision on the question involved in the Proceeding.
10 When to sue or be sued in representative capacity Where there are many persons having same interest in the suit, only one of them or more may sue on behalf of or for the benefit of all others so interested. Permission of the court is required to sue in a representative capacity.

 

 

SNo Legal Term/Question Answer
11 What is the rule regarding claim in a Suit Entire claim to be put forth in the Suit. As per order II Rule 2 of CPC once you omit to sue for or intentionally relinquish any portion of claim, you cannot afterwards be allowed to institute suit for the claim omitted or relinquished.
12 Which are the Subordinate courts deal with the matters District Judge

Additional District Judge

Senior Civil Judge-cum-Rent Controller

Judge, small Cause Court-cum-additional Senior Civil Judge

Administrative Civil Judge cum additional rent controller.

Additional Rent Controller

Commercial Judge cum Additional Rent Controller

Civil Judge

13 What are the types of Jurisdiction 1. Pecuniary Jurisdiction

2. Territorial Jurisdiction

3. Jurisdiction as to subject matter

14 What is the Pecuniary Jurisdiction of Courts Jurisdiction of District Court - Upto Rs. 2 Crore

Jurisdiction of High Court - Rs. 2 Crore and above

Source: The Delhi High Court (Amendment) Bill, 2015

15 What is Territorial Jurisdiction of Courts Section 16 of CPC Suits to be instituted where subject matter situate

Section 17 of CPC - Suits for immovable property situate within Jurisdiction of different Courts

Section 20 of CPC other Suits to be instituted where defendants reside or cause of action arises.

16 What is Jurisdiction as per subject matter Designated courts are constituted to deal with such petitions
17 What happens when a Court, before whom suit is instituted has no jurisdiction to entertain and try the suit There is provision to return of plaint to the Plaintiff so that same may be presented before competent court.
18 How the relief be presented The relief to be specifically stated
19 When the Plaint is rejected - Where the Plaint does not disclose any cause of action

- Where the relief claimed in the plaint has been under-valued; and where the same has not been properly valued despite directions given and time allowed by the court

- where the Plaint has not been sufficiently stamped

- Where the plaint is barred by any law

- Where the plaint is not filed in duplicate

20 What is the remedy available on rejection of Plaint The Plaintiff can file fresh suit by presenting fresh plaint on the same cause of action.

 

SNo Legal Term/Question Answer
21 How to add new Grounds to the Pleading Through Amendment of pleadings
22 Can Court extend period for filing amended pleading Yes as per Order VI, Rule 18 the court can extend the date.
23 Is it necessary to institute legal notice before filing suit against the Government Yes, before instituting suit against the Government law requires issuance of a legal notice.
24 How much is the period of notice 2 months
25 To whom notice is to be served 1. Secretary of the Central Government;

2. General Manager of railway when it relates to railway;

3. Secretary of Government or Collector of the District, in case of State Government

26 Who can be made a party to the suit Necessary Party, Property Party
27 Who will sign Plaint or Written Statement in case of Suit by or against the Government Authorized signatory of the Government who is appointed in this behalf by general or special order
28 When Government to be joined as a party to suit When a suit is instituted against a public officer for damages or other relief in respect of any act alleged to have been done by him in his official capacity. Order XXVII Rule 5A of CPC.
29 Who will sign on suit by or against Corporations Secretary or Director or other principle officer of the corporation, who is liable to depose to the fact of the case. Order XXIV, Rule 1 CPC
30 Suits by or against business name Suit can be filed in the name of firm
31 In whose name suit against minor is instituted Against Next friend Order XXXII Rule I.
32 What happens when minor attains majority He has to elect whether he will proceed with the suit.
33 Is Indigent person eligible to institute suit Yes as per Order XXXIII Rule I suit shall be instituted as an indigent person.
34 What is the procedure to file suit by indigent person An application seeking permission from the court to sue as indigent person needs to be filed