Bihar Judicial Service (BPSC J) Civil Law II (CPC, Limitation, Arbitration) Syllabus

Bihar Judicial Service (BPSC J) Civil Law II (CPC, Limitation, Arbitration): topic-wise syllabus

1. 1

   Jurisdiction and Institution of Suits (Sections 6-35)

   • Kinds of Jurisdiction: Subject-Matter (Pecuniary/Value), Territorial, Original/Appellate
   • Place of Suing (Sections 15-20): Defendant's Residence, Cause of Action, Leave of Court
   • Institution of Suit (Section 26, Order IV): Plaint, Filing, Register
   • Cause of Action: Every Fact to Be Proved, Joinder of Causes
   • Res Judicata (Section 11): Conditions, Constructive Res Judicata (Explanation VIII), Exceptions
   • Res Sub Judice (Section 10): Stay of Suit, Same Matter in Previously Instituted Suit
2. 2

   Pleadings and Parties (Order I, Order VI, Order VIII)

   • Pleading (Order VI): Plaint and Written Statement, Rule: Facts Not Law, Material Facts, Concise
   • Amendment of Pleadings (Order VI Rule 17): Before Trial, After Trial Commence, Prejudice
   • Parties to Suit (Order I): Joinder, Misjoinder, Non-Joinder, Necessary vs Proper Party
   • Representative Suits (Order I Rule 8): Common Interest, Notice, Binding Effect
   • Written Statement (Order VIII): Denials, Set-Off (Order VIII Rule 6), Counter-Claim (Order VIII Rule 6A-6G)
3. 3

   Summons, Appearance, and Ex-Parte Decree (Orders V, IX, XVI)

   • Summons to Defendant (Order V): Contents, Modes of Service, Substituted Service
   • Appearance of Parties (Order IX): Consequences of Non-Appearance, Ex-Parte Decree
   • Setting Aside Ex-Parte Decree (Order IX Rule 13): Sufficient Cause, Burden of Proof
   • Summoning and Attendance of Witnesses (Order XVI, XVI-A)
   • Production, Impounding, Return of Documents (Order XIII)
4. 4

   Issues, Trial, and Judgment (Orders XIV, XVIII, XX)

   • Framing of Issues (Order XIV): Material Propositions, Onus of Proof, Cardinal to Case
   • Disposal at First Hearing (Order XV): Admissions, Struck Off
   • Trial (Order XVIII): Date Fixed, Hearing of Suit, Examination of Parties (Order X)
   • Judgment (Order XX): Pronouncement, Contents, Decree (Section 2(2), Order XX Rule 1-8)
   • Interest (Section 34): Pendente Lite, Future Interest
5. 5

   Execution of Decrees (Sections 36-74, Orders XXI, XXXVIII)

   • Court Executing Decree (Section 37-38): Which Court, Transfer for Execution (Section 39-42)
   • Modes of Execution (Section 51): Delivery of Property, Attachment and Sale, Arrest and Detention, Receiver
   • Attachment of Property (Order XXI Rules 41-56): What Can be Attached (Section 60), Exemptions
   • Sale of Property (Order XXI Rules 64-96): Procedure, Proclamation, Setting Aside
   • Arrest and Detention (Section 55-59): Conditions, Privilege from Arrest
   • Stay of Execution (Section 47, Order XXI Rule 26-29)
6. 6

   Commission and Interim Orders (Orders XXVI, XXXIX, XL)

   • Commission (Order XXVI): Examination of Witnesses, Local Investigation, Scientific Investigation, Sale of Movables
   • Temporary Injunctions (Order XXXIX): Prima Facie Case, Balance of Convenience, Irreparable Injury
   • Appointment of Receiver (Order XL): Appointment, Powers, Duties
   • Arrest Before Judgment (Order XXXVIII): Defendant About to Abscond, Conditional Attachment
7. 7

   Appeals, Review, Reference, and Revision (Sections 96-115)

   • Appeal from Original Decree (Section 96, 100A): First Appeal to High Court, Substantial Question of Law
   • Second Appeal (Section 100): Only Substantial Question of Law
   • Appeal from Orders (Section 104, Order XLIII): Appealable Orders Listed
   • Appeals to Supreme Court (Sections 109, 112): Civil Matters of General Importance
   • Reference (Section 113): Doubt as to Law, Power of HC
   • Review (Section 114, Order XLVII): Error Apparent on Face of Record, Discovery of New Evidence
   • Revision (Section 115): High Court's Power, Conditions: Jurisdictional Error, Failure to Exercise, Illegal/Irregular
   • Inherent Powers of Court (Section 151): Courts of Justice, No Injustice, When Parties' Rights Cannot Be Exercised — Abuse of Process
8. 8

   Limitation, Caveat, Costs, and Legal Aid (Sections 35, 148A, Orders XXV, XXXIII)

   • Caveat (Section 148A): Right to Be Heard Before Interim Order
   • Security for Costs (Order XXV), Pauper Suits (Order XXXIII): Indigent Person, Permission to Sue Without Court Fees
   • Costs (Section 35): Discretion of Court, Compensatory Costs (Section 35A), Costs for Causing Delay (Section 35B)
   • Limitation for Suits: Limitation Act 1963, Period for Different Suits, Exclusion of Time
9. 9

   Bar of Limitation and Period of Limitation (Sections 3-4, Schedule)

   • Section 3: Dismissal of Suit/Appeal if Time Barred — Court's Duty, No Pleading Needed
   • Schedule: First Division — Suits (136 Articles), Second Division — Appeals, Third Division — Applications
   • Periods for Important Suits: Contract (3 Years), Tort (1-3 Years), Property (12 Years), Government Suits (30 Years Changed to 3 Years via 1963 Act)
   • Suits Relating to Accounts, Trusts, Immovable Property, Contracts, Torts
10. 10

    Computation and Exclusion of Time (Sections 12-24)

    • Exclusion of Time in Legal Proceedings: Court's Closed Days, Time for Obtaining Copy/Leave, Defendant Absent from India
    • Exclusion Where Fraud (Section 17), Mistake of Law, Disability (Section 6-8)
    • Effect of Acknowledgment in Writing (Sections 18-19): Signed by Party, Promise to Pay, Part Payment
    • Continuing Breach of Contract (Section 22), Suits for Accounts, Tort Continuing
    • Computation of Limitation for Appeals and Applications (Section 12)
11. 11

    Condonation of Delay and Legal Disability (Sections 5-8)

    • Section 5: Extension of Period for Appeals/Applications — Sufficient Cause, Not for Suits (Difference)
    • Sufficient Cause: Guide to Lenient View, Liberal Construction (Collector v Kailash), What is Not Sufficient Cause
    • Legal Disability (Sections 6-8): Minority, Insanity, Idiot — Limitation Starts After Disability Ceases, Max 3 Years After Majority (Section 8)
12. 12

    Adverse Possession and Acquisition of Ownership (Section 27)

    • Section 27: Extinguishment of Title on Expiry of Period Limiting Suit for Recovery
    • Adverse Possession: Essential Ingredients — Hostile, Continuous, Uninterrupted 12 Years
    • Who Can Claim: Trespasser, Co-owner (Ouster Required), Mortgagee/Trustee Cannot
    • Burden of Proof on Possessor, Pleading Requirements
13. 13

    Acknowledgment, Part Payment, and New Period (Sections 18-20)

    • Acknowledgment (Section 18): Writing, Signed, Before Limitation Expires, Fresh Starting Point
    • Effect of Payment of Interest/Debt (Section 19): Payment Must Be Signed, Part Payment, Fresh Limitation
    • Acknowledgment vs Promise to Pay: Distinction, Effect on Limitation
14. 14

    Arbitration Agreement and Jurisdiction of Tribunal (Sections 7-17)

    • Definition and Essentials of Arbitration Agreement (Section 7): In Writing, Signed, Communication, Exchange of Statements
    • Doctrine of Separability (Section 16): Arbitration Agreement Independent of Contract, Even If Contract Void
    • Who Can Arbitrate, Subject Matter Capable of Arbitration, Non-Arbitrable Disputes: Criminal, Matrimonial, Insolvency, Testamentary
    • Composition of Arbitral Tribunal (Sections 10-15): Number of Arbitrators, Appointment Procedure, Grounds for Challenge
    • Jurisdiction of Arbitral Tribunal (Section 16): Competence to Rule on Jurisdiction, Kompetenz-Kompetenz
    • Interim Measures by Court (Section 9): Before/During/After Arbitration, Injunction, Receiver, Preservation
15. 15

    Conduct of Arbitral Proceedings and Award (Sections 18-33)

    • Equal Treatment of Parties (Section 18), Determination of Rules of Procedure (Section 19), Hearings
    • Default of Party (Section 25): Claimant, Respondent, Non-Appearance
    • Expert Assistance (Section 26), Court Assistance in Taking Evidence (Section 27)
    • Form and Content of Arbitral Award (Section 31): In Writing, Signed, Reasoned, Date, Place, Cost
    • Termination of Proceedings (Section 32): Final Award, Settled, Withdrawn, Continued Unnecessary
    • Correction and Interpretation of Award (Section 33), Additional Award (Section 33(4))
16. 16

    Setting Aside and Enforcement of Arbitral Award (Sections 34-36)

    • Application for Setting Aside (Section 34): Within 3 Months, Plus 30 Days Court Discretion
    • Grounds for Setting Aside: Incapacity, Invalid Agreement, No Notice, Beyond Scope, Composition Irregular, Not in Accordance with Dispute
    • Public Policy Ground (Section 34(2)(b)(ii)): Fundamental Policy of India, Interest of India, Justice or Morality
    • No Review on Merits, Court Cannot Re-Examine Evidence
    • Enforcement of Award (Section 36): Stay of Operation, Automatic Stay (Before 2015 Amendment), Conditional Stay (After Amendment)
17. 17

    Appeals and Foreign Awards (Sections 37, 44-60)

    • Appealable Orders (Section 37): Grant/Refuse Section 9, Section 17, Setting Aside, Enforcement
    • No Second Appeal (Section 37(3)), No Revision Against Arbitral Appeals
    • Foreign Awards: New York Convention Awards (Sections 44-52), Geneva Convention Awards (Sections 53-60)
    • Conditions for Enforcement of Foreign Awards, Grounds for Refusal
18. 18

    Conciliation and Mediation (Sections 61-81)

    • Appointment of Conciliator, Procedure (Sections 63-65), Role of Conciliator, Communication
    • Settlement Agreement (Section 73): Signed by Parties, Binding as Arbitral Award
    • Confidentiality (Section 75), Admissibility of Evidence (Section 76)
    • Termination of Conciliation (Section 76), Costs (Section 78)