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    Velu Samy
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    This document discusses various concepts in civil procedure code related to framing of issues, jurisdiction, limitation, res judicata, leases, licenses, decrees, mesne profits, jurisdiction of courts, res subjudice, res judicata, place of suing and legal representatives. It provides examples to explain concepts like litmus test to determine if an agreement is a lease or license and an example of a will bequeathing self-acquired property.

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    civil procedure code notes for dj exams

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    This document discusses various concepts in civil procedure code related to framing of issues, jurisdiction, limitation, res judicata, leases, licenses, decrees, mesne profits, jurisdiction of courts, res subjudice, res judicata, place of suing and legal representatives. It provides examples to explain concepts like litmus test to determine if an agreement is a lease or license and an example of a will bequeathing self-acquired property.

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    452 views2 pages

    CPC Class Notes

    Uploaded by

    Velu Samy
    This document discusses various concepts in civil procedure code related to framing of issues, jurisdiction, limitation, res judicata, leases, licenses, decrees, mesne profits, jurisdiction of courts, res subjudice, res judicata, place of suing and legal representatives. It provides examples to explain concepts like litmus test to determine if an agreement is a lease or license and an example of a will bequeathing self-acquired property.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    23.08.

    2015
    Civil Procedure Code 1908
    Framing of Issues: O XIV
    Filing of suit itself amounts to demand.
    Whether the defend his discharged his liabilities.
    Jurisdiction, Limitation, Res Judicata is the mixed question of law and fact.
    Limitation: Question of law Three years completed. Fact: whether it has extended
    Res Judicata:
    TNVAT S77 Civil Court has no Jurisdiction.
    Sec 34 of Sarfasei act
    Pure of question of law alone can be framed as Preliminary Issue.
    O XX R V
    Lease: Sec 105 Transfer of right to enjoy for a consideration.
    Tenant by sufferance. Tenant in possession after giving notice by the landlord
    without receiving rent.
    Tenant by holder Tenant in possession after giving notice with receiving rent
    License: Sec 52 of Easement Act: A meager right to do on property
    Leave and License: Cellphone Tower is an example
    Litmus Test: To find out whether it is lease or license.
    Section 2:
    Decree: Short form of Judgment
    Formal expression of adjudication of judgment which determines the rights of
    the parties.
    Sec 144. O VII R 11 also decree
    Sec 47 is now not a decree.
    Section 2 (12) MESNE Profit:
    Section 9 Jurisdiction
    Art 226 Extra ordinary, Original Jurisdiction.
    Art 227 Revision Jurisdiction
    Admiralty Jurisdiction Letter Patent.
    Consultative Jurisdiction. ( district Court in trust Matters)
    Impliedly barred.
    Apportionment ( to divide the compensation amount in land acquisition
    amount)
    Religious ceremony if the old right is den
    AIR 1969 SC 78
    Even though it has expressly barred by statue if the rule is ultra virus to
    statue then it can be challenged in Civil Court.
    Section 10: Res subjudice Stay of Suit: Trail of the subsequently instituted suit
    only can be stayed.
    Section 11: Res Judicata:

    Nemo Debet bis vexari pro una et eadem Causa ( No man should be
    vexed twice for the same cause)
    Interest reipublicae ut sit finis litium ( it is the interest of the state that
    there should be an end of litigation)
    Res Judicata pro veritate accupitus ( A judicial decision must be accepted
    as correct)
    EX CAPTIA Res Judicata A single decision is enough
    Explanation IV: Constructive Res Judicata Any matter which might and ought to have
    been made ground of defence or attack in such former suit shall be deemed to have been a
    matter directly and substantially in issue in such suit.
    Place of Suing: Sec 16:
    Section 50, 51 and 52 Legal representative
    Return of Plaint O VII Rule 10A
    Arm Chair Theory Will
    The self acquired property of Raman Which is 1 acre has bequeathed on 2000 by the way of
    will to lava and kusha.

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