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India · 5th Year · Civil Procedure Code

CPC 1908 Essentials

Jurisdiction, bar and interim relief.

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  1. 1.CPC s 9?

    Civil courts have jurisdiction to try all suits of a civil nature except those expressly or impliedly barred.

    CPC 1908, s 9

  2. 2.CPC s 10 vs s 11?

    s 10 — res sub judice: stay of a later suit where the matter is directly and substantially in issue in a previously instituted suit. s 11 — res judicata: bar on re-trying an issue finally decided between the same parties.

    CPC 1908, ss 10–11

  3. 3.Which provision governs temporary injunctions?

    Order XXXIX, Rules 1 and 2.

    CPC 1908, O XXXIX

  4. 4.Order VII Rule 11 — purpose?

    Rejection of a plaint, e.g. where it does not disclose a cause of action or the suit appears barred by law.

    CPC 1908, O VII r 11

  5. 5.CPC s 151?

    Saves the inherent powers of the court to make orders necessary for the ends of justice or to prevent abuse of process.

    CPC 1908, s 151

  6. 6.Which CPC section refers disputes to ADR?

    Section 89 (arbitration, conciliation, judicial settlement including Lok Adalat, and mediation).

    CPC 1908, s 89