Code of Civil Procedure

Introduction, Jurisdiction, Place

of Suing, Parties, Pleadings
Dr.Mononita Kundu Das
Professor of Law,
St.Xavier’s University Kolkata
 Introduction
• Laws can be divided into two groups:
(I) Substantive Law (Determines rights and liabilities of parties)
(II) Adjective or Procedural Law (Prescribes the practice, procedure and
machinery for the enforcement of those rights and liabilities)
• The Indian Contract Act 1872, the Transfer of Property Act 1882,
Bhartatiya Nyaya Sanhita 2023 are instances of substantive law.
• Bharatiya Sakshya Adhiniyam, 2023, the Limitation Act 1963, the
Code of Civil Procedure 1908 and Bharatiya Nagarik Suraksha
Sanhita, 2023 is an adjective or procedural law.
 Code at a Glance
• An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil
Judicature.
Scheme of the Code:
1. The body of the Code (containing 158 sections, divided into 12 parts).
2. The (First) Schedule (containing 51 Orders and Rules)
• The sections deal with provisions of a substantive nature, laying down the general principles
of jurisdiction.
• The (First) Schedule relates to the procedure and the method, manner and mode in which the
jurisdiction may be exercised.
• The sections and rules, must be read together and harmoniously construed, but if the rules are
inconsistent with the sections, the latter will prevail. [State of U.P. v. Babu Ram Upadhya,
AIR 1961 SC 751]
 Jurisdiction - I
• Wherever there is a right, there is a remedy (ubi jus ibi remedium)

Section 9. Courts to try all civil suits unless barred-

• The Courts shall have jurisdiction to try all suits of a civil nature
excepting suits of which their cognizance is either expressly or
impliedly barred.
• A suit in which the right to property or to an office is contested is a suit
of a civil nature, notwithstanding that such right may depend entirely
on the decision of questions as to religious rites or ceremonies.
Illustration 1
Cont.
• A suit to establish a person’s right to enter a religious place and suit to
restrain the defendant from entering a place of worship are both,
entertainable being suits of civil nature.
• The basic test is that whether a person’s civil right is affected or
abridged by a particular act of a party or an institution and secondly
whether the Courts are expressly barred to take such a particular issue
for adjudication or not.
• Once it is settled that the suit/dispute is of a civil nature and the
concerned court is not expressly barred to adjudicate the issue in
question, the Court is supposed to have competent jurisdiction to
determine the issue.
Cont.
Suits of Civil Nature:
• (a) suits relating to right to property;
• (b) suits relating to right of worship;
• (c) suits relating to right of religious procession;
• (d) suits relating to right of shares in offerings;
• (e) suits relating to civil wrongs;
• (f) for breach of contract;
• (g) suits for rights to hereditary offices.
Not of Civil Nature
• (a) Suits involving principally the question of caste;
• (b) Suits involving principally religious rites and ceremonies;
• (c) Suits against expulsion from caste;
• (d) upholding mere dignity or honour, etc. Illustrations 2,3
 Jurisdiction - II
• In cases of civil nature, jurisdiction of the Court may be
• Expressly barred (Eg. Sec 263 of Income Tax Act)
• Impliedly barred (Eg. Family Courts)
Illustration 4
• Types of Jurisdiction
• Original – where matter is to be initiated
• Appellate – where aggrieved party may move in appeal
 Jurisdiction - III
• Jurisdiction is also of the following types
(i) Territorial Jurisdiction – geographical boundaries within which
power can be exercised
(ii) Pecuniary Jurisdiction – Amount or value of the case, that can be
presented before the Court - based on value of relief claimed
(iii) Subject Matter Jurisdiction – Courts are vested with power to
decide certain subjects
 Hierarchy of Civil Courts
• Subordinate Courts
(i) Munsif Court/ Civil Judge (Junior Division)
(ii) Subordinate Judge/ Civil Judge (Senior Division)
(iii) Assistant DJ/ Additional DJ
(iv) District Judge (including ADJs)
• High Courts
• Supreme Court
 Rules of Jurisdiction
• Every Suit shall be instituted in the Court of lowest grade competent
to try it (Sec. 15)
• The parties by contract cannot confer jurisdiction if a Court inherently
lacks it
• No Court shall entertain a Suit unless it has competence to take
cognizance of the same
Illustration 5
 Place of Suing
• Suit in respect of immovable property –
(i) Where situated (Sec. 16)
(ii) If situated in different places, in any one of the places (Sec. 17)

Illustration 6
• Other suits including suits for wrong against person or property (Sec. 19-20)
(i) Where the defendant
- actually, and voluntarily resides
- or carries on business
- or personally works for gain, or
(ii) Where the cause of action wholly or partly arises
Illustration 7, 8
 Parties to a Suit
• Suit - An original civil proceeding between two or more rivals
• Parties - The rival set of contesting persons in a suit
• Plaintiff- The party approaching the Court seeking relief
• Defendant - The party against whom the suit is filed and relief sought
• There may be more than one plaintiff or defendant in a single suit
- right of relief should arise out of the same act or acts or transactions and
- if separate suits were brought a common question of law or fact would
arise (Order I Rule 3 CPC);
- both conditions must be fulfilled
Illustration 9,10
 Necessary and Proper Parties
 A party is considered “necessary” in a suit if the facts of the case
indicate that no effective or meaningful decision can be arrived at in
his absence, (Example - a tenant himself in a suit for evicting a sub-
tenant)
 In the event of a necessary party not having been joined, the suit is
liable to be rejected due to “non-joinder”; (Order I Rule 9, Proviso)
Illustration 11
 Necessary and Proper
Parties(Cont.)
 Sometimes an unnecessary party is joined in the suit, e.g., the minor
son of a tenant in a suit for eviction even though residing with his
father
 But the suit does not suffer for such mis-joinder (Order I rule 9 CPC)
 Objections against mis-joinder or non-joinder of parties to be taken at
the earliest opportunity (Order I Rule 13)
 Court can strike out or add parties in its discretion suo moto or on the
application of any party (Order I Rule 10 (2)CPC )
 Pleadings
• Pleadings are statements in writing drawn up and filed by each party to a case,
stating what his contention will be at the trial and giving all such details as his
opponent needs to know to prepare his case in answer
• Pleadings include Plaint and Written Statement (O 6 R 1)
• Plaint – the detailed application submitted by the plaintiff in Court seeking relief
against the defendant
• Written Statement – the Defendant’s detailed reply to the Plaint filed, to contest
the suit
• Replication - further pleadings of Plaintiff
• Rejoinder - reply of Defendant to the further pleadings
• Pleadings are not evidence
Amendment of Pleadings (O VI R
17)
 Normally parties not permitted to amend
 Amendments however may be allowed for determining the real
questions in controversy
 Terms & conditions may be imposed
 Normally not after commencement of trial
 Rejection of amendment in spite of obtaining leave (R. 18)
 Contents of a Plaint
1. Name of Court and the year and number of the suit
2. Name, description and place of residence of the plaintiff
3. Name, description & place of residence of the defendants
4. Where Plaintiff/defendant is a minor or person of unsound mind, a
statement to that effect.
5. Grounds for exemption from limitation, if delayed
6. The facts constituting the cause of action & when it arose

7. The facts showing that the court has jurisdiction

 Contents of a Plaint – contd.
9. A statement of value of the subject matter of the suit for the purposes of
pecuniary jurisdiction & court fee.
10. Where the plaintiff was allowed a set off or relinquished a portion of his
claim , the amount so allowed or relinquished
11. Relief which the plaintiff claims
12. Signature of the party & his pleader
13. Verification
14. Affidavit
15. Schedule of description of property (Annexure)
16. List of documents relied upon (Annexure)
 Return or Rejection of Plaint
• Return (O VII R 10)
- for presentation in proper Court
- after intimation to the Defendant (R 10A)
• Rejection (O VII R 11)
- no cause of action
- undervalued and failure to correct valuation
- insufficiently stamped and failure to provide adequate stamp paper
- barred by law
- failure to correct clerical errors like not filing of sufficient copies
• Rejection of plaint does not preclude presentation of fresh plaint
 Written Statement (O VIII)
• Written Statement to be filed within 30/ 90(extended) days of service of
summons (R 1)
• Written Statement to contain
(i) Documents relied upon in defence (R 1 A) - duty of defendant to produce
documents relied on
(ii) Specific plea of new facts (R 2)
(iii) Specific denials (R 3)
(iv) No evasive denials (R 4)
(v) Failure to deny specifically causes presumption of admission, subject to
Court’s discretion (R 5)
(vi) Set-off or counter-claim
 Set-Off (O VIII R 6)
• Set-Off – is a reciprocal acquittal of debts between two persons. Is a plea in defence
• Essential conditions:
- Suit must be for recovery of money
- for an ascertained sum
- legally recoverable
- by the defendant/s
- from the plaintiff/s
- does not exceed pecuniary limits of jurisdiction of Court
- parties fill the same character
Illustration 12, 13
 Counter-Claim (O VIII R 6A)
• Claim made by the defendant, which could be the subject matter of a
separate suit
• Treated as a plaint and governed by rules applicable to a plaint
• It is a cross-suit
• Even where suit is withdrawn, dismissed or stayed, counter-claim will
stand independently and continue
 Recap - I
• CPC in two parts – Sections, Orders and Rules
• Jurisdiction in cases of civil nature unless barred
• Territorial, subject matter & pecuniary jurisdiction
• Place of suing – immovable property – where located; others – where
defendant resides, carries on business or personally works for gain or
where cause of action wholly or partially arises
• Necessary party – non-joinder – fatal
 Recap - II
• Mis-joinder – suit does not suffer
• Objections at earliest stage
• Pleadings – Plaint/ Written Statement
• Contents of pleadings
• Amendment allowed in exceptional cases
• Return/ Rejection of Plaint
• Set-off & Counter-Claim
THANK YOU