Tamil nadu

Judicial Services Exam

CIVIL JUDGE
(Junior Division)

Tamil Nadu Public Service Commission

Volume - 2
 Tamil Nadu judicial services
CONTENTS
1. The Code of Civil Procedure 1908 (Pg. 1)
PART
PART - I : Suits in General 1-35 B
PART - II : Execution 36-74
PART - III : Incidental Proceedings 75-78
PART - IV : Suits in Particular Cases 79-88
PART - V : Special Proceedings 89-93
PART - VI : Supplemental Proceedings 94-95
PART - VII : Appeals 96-112
PART- VIII : Reference, Review and Revision 113-115
PART - IX : Special provisions of HC which are not judicial 116-120
commissions
PART - X : Rules 121-131
PART - XI : Miscellaneous 132-158
ORDER
PART - 1 : Parties of Suits Order 1-20A
PART - 2 : Execution of Decrees and Orders Order 21
PART - 3 : Incidental Proceedings Order 22-51
 Order 22 (Death, marriage and Insolvency)
 Order 23 (Withdrawal and Adjustment)
 Order 24 (Payment in Court)
 Order 25 (Security of Cost)
 Order 26 (Commission)
 Order 27-37 (Suits)
 Order 38-40 (Supplemental Proceedings)
 Order 41-45 (Appeal)
 Order 46-51 (Reference, Review)
2. Indian Evidence Act, 1872 (Pg. 147)
PART - I : Relevancy of Facts
Ch. I – Preliminary 1-4
Ch. II - The Relevancy of Facts 5-55

PART - II : On Proof
Ch. III - Facts Which Need Not Be Proved 56-58

Ch. IV – Oral Evidence 59-60

Ch. V – Documentary Evidence 61-90A
Ch. VI - The Exclusion of Oral by Documentary Evidence 91-100
PART - III : Production and Effect of Evidence
Ch. VII - The Burden of Proof 101-114 A
Ch. VIII – Estoppel 115-117
Ch. IX – Witnesses 118-134
Ch. X - The Examination of Witnesses 135-166
Ch. XI - Improper Admission and Rejection of evidence 167
Code of Civil Procedure
* Act No. 5 of 1908
* Assent: 21st March, 1908
* Enforce: 1st January, 1908
CPC
Sections (158) Orders (51)

Sections Part-I Suits in General (1-35 B)

Preliminary (1-8) Res Judicata and Place of Suing (15-
Jurisdiction (9-14) 25)
Institution of Suit Summon and Discovery Judgment and Decree
(26) (27-32) (33)
Interest (34) Lost (35-35B)

Part-II
Execution (36-74)
Part-III
Incidental Proceedings (75-78)

Part-iv Suits in Particular Cases (79-88)

Suits by or against By or against foreign By former Indian
govt.(79-82) ruler (83-87 A) Ruler (87B)
Interpleader Suit (88)

Part-V Special Proceedings (89-93)

Arbitration (89) Special Case (90) Public Nuisance and
wrongful Acts (91-93)

Part –VI
Supplemental Proceedings (94-95)
 Part-VII Appeals (96-112)
Appeal from Original Appeal from Appellate Appeal from Orders
Decree (96-99A) Decrees (100-103) (104-106)
General Provisions Appeal to Supreme
Relating to Appeal Court (109-112)
(107-108)

Part-VIII
Reference (113) Review (114) Recursion (115)

Part-IX
Special provisions of HC which are not judicial commissions (116-120)

Part-X
Rules (121-131)

Part-XI
Miscellaneous (132-158)

O1 = Name of Parties
O2 = Frame of Suit
O3 = Recognized Agents and Pleaders
O4 = Institution of suits
O5 = Issue and service of Summons
O6 = Pleadings
O7 = Plaint
O8 = Written Statement
O9 = Appearance of Parties and Consequences of Non appearances
O10 = Examination of Parties
O11 = Discovery and Inspection
O12 = Admission
O13 = Production, Impounding and Return of Documents
O14 = Settlement of Issues and Determination of suit or issues of law or
issues agreed upon
O15 = Disposal of the suit of the 1st hearing
O16 = Summon of Witness
016A = Attendance of witnesses confirmed or detained in prisons
O17 = Adjournment
O18 = Hearing
O19 = Affidavit
O20 = Judgment and Decree
O20A = Cost

O22 = Death, marriage and Insolvency

O23 = Withdrawal and Adjustment
O24 = Payment in Court
O25 = Security of Cost
O26 = Commission

O27 = Govt.
O27A = Constitution
O28 = Army
O29 = Corporation
O30 = Firm/Hindu Undivided Family
O31 = Trustee, Executor and Administrator
O32 = Minor/Unsound Mind
O32A = Family
O33 = Indigent
O34 = Mortgage
O35 = Inter-pleader
O36 = Special Case
O37 = Summary Procedure
O38 = Arrest and Attachment before Judgment
O39 = Temporary Injunction and Interlocutory orders
O40 = Appointment of Receiver

O41 = Appeals from original decrees

O42 = Appeals from Appellate decrees
O43 = Appeals from orders
O44 = Appeals by Indigent persons
O45 = Appeals to the Supreme Court

O46 = Reference
O47 = Review
O48 = Miscellaneous
O49 = Chartered High Court
O50 = Provincial Small cause court
O51 = Presidency Small Cause Courts

1-6
7 + O50
8 + O51
9-14
15-25 1, 2, 3
26 + O4
27 - 29 + O5
6 – 10
30 + O11
12 - 15
31 – 32 + O16
16 A, 17, 18, 19
33 – 20
34
 35 + 20A
35 A, B
Part-B
36 – 74 + O21
Part-C
22 – 25
75 – 78 + O26
79 - 82 + O27
27A, 28 – 34
83 – 87A
87 B
88 + O35
89
90 + 36
91 – 95
37
94 – 95 + O38 - 40
96 – 99A + O41
100 – 103 + O42
104 – 106 + O43
107 - 108
44
107 – 112 + O45
113 + O46
114 + O47
115
116 – 120
121 - 131
132 – 158
48
49
Q. What is the object of CPC?
Ans. An Act to consolidate and amend the laws relating to the procedure of
the courts of civil Judicature.

There were many amendments, so there is a history of CPC also.

Act no. 8, 1859
Act no. 10, 1877
Act no. 14, 1882
Presently Act no. 5, 1908

In present CPC also has various amendments including Mali math Committee.
i. Act no. 104, 1976
ii. Act no. 46, 1999
iii. Act no. 22, 2002
iv. Act no. 4, 2016 (Commercial courts for Rs. 1 Cr. Or more)
v. Act no. 28, 2018 (Amendment in commercial courts)
o Now CPC apply in J and K also Schedule 5 and 8 of J and K
reorganization Act, 2019.
o It has prospective effect and not retrospective effect.

Q. Where CPC doesn’t apply?

Ans. Sec1Not apply on J and K (Now apply refer J and K reorganization Act,
2019)

* Not apply to the tribal areas and Nagaland

* Tribal area = such area which before 31 Jan, 1992 was tribal area of Assam,
as referred in Para 20 of the sixth Schedule of the constitution.

Wherever following matter there CPC shall apply along with local laws:
a. Amindivi Island
b. East Godavari
c. West Godavari and Vishakhapatnam agencies.
d. In state of AP (Andhra Pradesh)
e. Lakshadweep
o Consent of Governor General 21 Mar 1908
o Came into force 1 Jan1908.
 : wherever special law, local law or special proceedings CPC shall not
apply.
* Wherever any landholder or landlord recovers rent from the produce of
land then CPC shall not apply for his remedies.

: wherever matter certain to revenue courts then CPC shall apply only
when special procedures (Act) are silent.
* SC can issue notification that the provisions of CPC apply with or without
modification.
* Revenue court does follow; court having jurisdiction under any local law to
entertain suit or other proceedings relating to the rent revenue or profits
of land used for agriculture purposes but does not include a civil court
having original jurisdiction under this code. (CPC does not apply)
* If provisions of revenue courts are silent then CPC apply.
Revenue court-Raj Land Revenue Act, Raj, Tenancy Act.

: District court is subordinate to HC and every civil court of Inferior

grade i.e., small because court subordinate to DC & HC. 4 other courts are also
subordinate to DC or HC.

HC
Small Cause Courts.
DC

Tribunals are created to reduce the burden of courts, they perform the quasi-
judicial function and can excise only certain powers under CPC & CrPC. They
are headed by judicial officer which doesn’t make it a Court.

Q. What do you understand by jurisdiction?

Ans.
a. Subject Wise: (Family Courts, Raj Appellate Tribunal)
b. Territorial Jurisdiction (15-25)
c. Pecuniary Jurisdiction (Sec 6)
i. Civil Judge- O – 2 Lakh
ii. Senior Civil Judge – 2 – 5 Lakh
iii. District Judge – 5 Lakhs or more
d. Original or Appellate Jurisdiction
 : Definitions
i. Code
ii. Decree
iii. Decree holder
iv. District
v. Foreign Court
vi. Foreign Judgment
vii. Govt. Pleader
viii. A. High Court
ix. B. India
x. Judge
xi. Judgment
xii. Judgment Debtor
xiii. Legal Representative
xiv. Mesne profit
xv. Moveable Property
xvi. Order
xvii. Pleader
xviii. Prescribed
xix. Public Officer
xx. Rules
xxi. Share in-corporation
xxii. Signed
xxiii. Public officer: means an person falling under any of the following
descriptions namely.
a. Every Judge
b. Every member of all India Service.
c. Army
d. Officer of Court
e. Confine person (Police)
f. Information of offence and Protect health safety (CID/Doctor)
g. Revenue
h. Any person who is in pay or remuneration by govt. or perform public
duty.
De Jure De Facto National LR
Such person who is law Such person who Such person where
represents the estate intermeddles suit is of
of a deceased person. (interfere) with the representative
property of the character then to
deceased. whom estate evolves.
Eg: Labor Union Vice
President.

: Such benefit which was received by person having wrongful

possession.
* Such property actually received, or person could have received by ordinary
diligence.
o Different from sec 144; there possession is rightful. (Lower court gave
different judgement.)
* It doesn’t include improvements (MP = Profit + Interest – Improvements.)

: Formal expression of adjudication

* Which conclusively determine the rights of parties.

* With regard to all or any matter of controversy in a suit.
* It is preliminary or final.
* It includes following things ‘Deemed Decree’.
a. Rejection of Plaint (O7, R11)
b. Question under sec 144
c. It excludes following things:
A. Appeal from orders (O43, sec 104-106)
B. Order of dismissal for default.

Formal Expression: Court shall specifically state whether relief is granted or

not.
Adjudication: Court has used its discretion, where there is discretion there
are following things: -
a. Heard both the parties.
b. Judgement is on merit.

* Decision: May be on merit or may not be on merit.

Adjudication –Decree
Decision – Order
* Conclusively Determines: That judgement is final. (If aggrieved, go to
higher authorities)
* Suit: Decree on suit and not on application, but there are exceptions:
i. By indigent person
ii. Where application of arbitration is rejected.
iii. Order 36 Rule 3 (Special matter)

* Hansraj Gupta Vs official liquidator Dehradun

o General rule is that civil proceedings are instituted by presentation of
plaint.

* Venkata Reddyvs Pethi Reddy

o Wherever in decree there is adjudication then there pleading of
parties shall be seen and proceedings of court.

a. Wherever shares of parties a. Wherever rights of parties

are determined are determined completely.
b. Further proceedings are b. Finally decided.
required. c. Final decree is only one.
c. Preliminary decree can be d. Dependent on preliminary
more than one. decree i.e., if preliminary is
d. Preliminary not dependent on to set aside then final
final decree. decree also set aside.
 : Appeal from final decree where no appeal from preliminary decree:
* If preliminary decree is not appealed, then later on an appeal of final
decree there shall be no objection.

Shankar Vs Chandrakant
* In preliminary decree right and duties of parties are determined but
further proceedings are required.

Q. Can there be partly preliminary and partly final decree?

Ans. Yes, suit for possession or mesne profit.

Deemed Decree: Such orders which are just like decree but principle of res
judicata not apply E.g.: O7 R13
* CIT Vs Bombay Trust Corporation
* It is not decree but treated as decree.

Order: Means the formal expression of any decision of a civil court which is
not a decree.

* Formal expression of * Formal expression of

adjudication. decision
* Conclusively determines the * May or may not conclusively
rights of parties. determine.
* Right of first appeal. * No appeal except appeal lie
* There can be second appeal. as appeal of order (D43, Sec
* There is one final decree. 104 105)
* Decree is of two types. * No second appeal
* Application itself
* Any number of orders.
* No types.
 * Order of at a battement of * Dismiss in default
suit * Appointment of Commission
* Appeal which is time barred * Temporary Injunction.
and dismissed. * Return of plaint.
* Where there is no cause of * O23 R1, Withdrawal and
action. adjustment.
* Sec 92 of (CPC [Public
Nuisance])
* E.g.: Right to sue ends

Q. What is judgment?
Ans. Sec2 (ix): Statement of any judge on the grounds of decree or order
(Refer O20 R4)

a. Concise statement of the It contains only

case. a. Points of determination.
b. Points for determination. b. Decision
c. The Decision.
d. Reason of decision

Such person in whose favor decree Such person against whom decree
is passed. is passed.
Order capable of execution is Order capable of execution is
passed. passed.
Person also includes mortgagee Person also includes Guarantor
 A Vs B (Winning)
(Judgement Debtor) (Judgement Holder)

: Means rules and forms contained in the first schedule and made under
section 122 or 125.

Share in corporation: Includes stock debenture-stock, debentures, or bonds.

: Save in the case of a judgement or decree, includes

stamp.
: Means any person entitled to appear and plead for another in court,
and includes an advocate, a Vakil or an attorney of high court.

: Means prescribed by rules.

: includes rules

: Means the local limits of the jurisdiction of a principal civil court or

original jurisdiction (DC) and includes the local limits of the ordinary original
civil jurisdiction of a HC.

: Means
A court situated outside India and not established or continued by the
authority of the central govt.

Judgment: Means the judgement of a foreign court.

: Includes any officer appointed by the state govt. to

perform all or any of the function expressly imposed by this code &also any
pleader acting under the direction of the govt. pleader.

: In relation to Andaman and Nicobar Islands means the High Court

in Calcutta?

: Means the territory of India excluding J and K.

: Means the presiding of officer of a civil court.

 : Includes growing crops.

Q. What do you understand by civil nature suits?

Ans. Sec9: Courts to try all civil suits unless barred except
a. Expressly barred (Refer Sec 4 and 5)
b. Impliedly barred (Refer Arbitration clause which is by consent of
parties).

: Wherever matter is of right of property or office then it

shall be of civil nature then although such right is based on religious rites
and ceremonies.

: It is immaterial that such post is attached with fees or

particular place.
* Wherever matter is of civil nature or not then we have to see rights and
liabilities.
If matter is of civil nature and rights are infringed then compensation
shall be given.

* A.RAnatulay Vs R.S. Nayak

By consent of parties nobody can be given jurisdiction.

* Most Rev. PMA Metropolitan Vs Moran Mar Marthoma

In sec 9, the civil nature given is both positive as well as negative.

* Firm seth Radha Krishan Vs Adminstrator Municipality Committee

Ludhiana
In sec 9, all types of matters shall be considered civil matters except
impliedly or expressly barred.

* Dhulabhai Vs State of M.P.

Civil courts are exclusively barred by special tribunals and special
provisions in enactment and special lights.

* Premier Automobile Vs Kamlekar Shantaram

* RSRTC Vs Krishnakant
* Chandrakant Vs Muncipal Corporation of Ahemdabad
 In all the three cases matter pertain to Industrial Dispute Act and
Jurisdiction of civil Court.
Court held ID Act is a special provision and civil courts have no
jurisdiction.

1. Where main question relates to civil nature (rights) although it depends

on religious question.
2. Injuria sine Damnum (Injury without damage)
3. Right to property.
4. On breach of contract.
5. Compensation
6. Right to Worship
7. Right to divorce
8. Right to procession
9. Right to specific performance
10. Right to divisible of property inheritance.

1. Purely religious matter.

2. Purely custom
3. Caste related question
4. Personal matter
5. Political matter
6. Internal question (indoor management)
7. Wherever matter is of priest, pujari

Matter of Temple

Private Public

No civil matter suit civil matter suit