CPC

Question 1

Act No. Year
Passed On

Answer 1

Act No. 5 of 1908
March 21, 1908

Question 2

Enforced on

Answer 2

Jan 1, 1909

Question 3

Sec. 1

Answer 3

Whole of India, except -
- Nagaland and Tribal Areas
Provided, the State gov. in the concerned areas may by notification in the Official Gazzette extend this Code, or such provisision
- tribal areas refers to areas thsu notified on 21 January, 1972 para 20, Sixth Schedule
- in relation of Amindivi Islands, East Godavari, West Godavari, Vishakhapatnam agencies in AP, and Lakshadweep this code shall apply

Question 4

Decree
Section & Definition

Answer 4

Sec. 2(2)
- Formal expression of an adjudication by a court,
- where the court conclusively determines rights of parties
- with regard to all or any matters in controversy
- it may be either preliminary or final
- deemed to include rejection of plaint
- and determination of question u/s 144
- does not include
- - any adjudication from which an appeal lies, as an appeal from an order
- - any order for dismissal for default

Question 5

Decree Holder
Foreign Court
Foreign Judgment
Judgment

Answer 5

2(3)
2(5)
2(6)
2(9)

Question 6

Mesne Profit

Answer 6

2(12)
MP of profits means
profits which person from wrongful possession of property
actually recieved or may have recieved with ordinary dilligence
together with interests on such property
but shall not include profits due to improvments made by person in wrongful possession

Question 7

Sec. 4

Answer 7

Savings
- in absence of any provision to the contrary
- nothing in this code shall limit or effect any special law, or local law now in force
- or any special jurisdiction or power conferred
- or special procedure prescribed under any other law

• In particular
• nothing in this code shall effect any remedy
• which landowner or landlord may exercise under any law
• for the recovery of rent of agricultural land from produce of such land

Question 8

Sec. 3

Answer 8

Subordination of Courts
- District Court subordinate to HC
- Every other Civil Court subordinate to DC
- Court of Small Causes subordinate to both HC and DC

Question 9

Sec. 6

Answer 9

• Unless otherwise expressly provided
  nothing in this code shall give a Court a jurisdiction over suits the amount/value of which exceeds its pecuniary jurisdiction

Question 9

Sec. 5

Answer 9

• Where revenue courts

Question 9

Sec. 7

Answer 9

Provinicial

Question 10

Sec. 8

Answer 10

Presidency

Question 11

Sec. 9

Answer 11

• Courts to try all suits of civil nature
• unless expressly or impliedly barred
  Exp 1 - suit in which right to property or right to office in issue is civil even if such suit may depend on religious rites and ceremonies
  Exp 2 - it is immaterial is fees are attached to such office

Question 12

Sec. 10

Answer 12

Stay of Suit (Res Subjudice)

No Court shall proceed with the trial of any suit
in which the matter in issue is also
directly and substantially in issue in a previously instituted suit between the same parties, or
between parties under whom they or any of them claim litigating under the same title where such suit is pending in
the same or any other Court in 1[India] have jurisdiction to grant the relief claimed, or in any Court
beyond the limits of 1[India] established or continued by 2[the Central Government 3***.] and having like
jurisdiction, or before 4[the Supreme Court

Question 13

Sec 11 *

Answer 13

Res Judicata
No court shall try a suit in which the matter has already been directly and substantially in issue before the same court or any other court

Question 14

Sec. 12

Answer 14

When a plaintiff has been precluded from
instituting a suit in respect of any particlar cause of action
he shall not be entitled to institute a suit

Question 15

Sec. 13

Answer 15

Foreign Judgment shall be conclusive
as to matter directly in issue between parties
unless -
- - not pronounced by court of competent jurisdiction
- - not following natural justice
- - obtained by fraud
- - suit not decided on merits
- - judgment arrived on by incorrect view of international law, or refusal to recognise Indian law
- - the claim by the plaintiff was founded on a breach of law in india

Question 16

Sec. 14

Answer 16

On producing cc of foreign judgment, court shall presume it is judgment of that court
unless contrary appears
however, such presumption fails on lack of jurisdicgion of the court

Question 17

Sec. 15

Answer 17

Suit to be instituted in lowest grade competent to try it

Question 18

Sec. 16

Answer 18

Suits to be instituted where subject matter reside.

recovery of immovable property (with or without rents)
partition of immovable property
for

Question 19

Sec. 17

Answer 19

partly between jurisdictions of different courts
any court may try it - however, the court trying it must have required pecuniary jurisdiction to try the whole propowerty

Question 20

Sec. 18

Answer 20

Where jurisdiction is uncertain
if satisfied there is uncertaininty. the court may record in writing such uncertainity and proceed to try the suit, and such decree, would have same effect.
provided court has jurisdiction as to value

second clause

Question 21

Sec. 19

Answer 21

Where wrong to person or movable property
- where wrong was committed
- where defendant voluntarily resides, carries out business, or works for gain
- option of plaintiff

Question 22

Sec. 20

Answer 22

Other suits than above - where defendant resides... - any of the defendant resides... (provided leave of court is granted, or all other non resident defendants acquiesce to it) - cause of action arises (whole or part) Exp - Corporation - Principal office OR subordinate office

Question 23

Sec. 21

Answer 23

- No objection to place of suing (1) - No objection to value of suing (2) - if not raised in first instance, OR if not raise at the earliest, and in all cases where issues have been settled. while settling OR before settling issues - AND unless there has been a consequent failure of justice no objection as to local limits of executing court (3) before an appelate or revisional court - unless first instance earliest opportunity - no talk of before settlemnt of issues

Question 24

Sec. 21A

Answer 24

No suit to set aside decree on objection of place of suing decree passed in a former suit cannot be chllenged on this ground former suit means previous decided even if not instituted before

Question 25

Sec. 22

Answer 25

Where suit can be instituted in more than one court any defendant can apply before court before settlement of issues, and at earliest possible opportunity to transfer suit to another court court shall determine the same.

Question 26

Sec. 23

Answer 26

To which court Where several courts are subordinate to same appellate court - to that appellate court Where different appellate courts to a HC - to that HC where different HCs - to the HC within whose local limits the suit was brought

Question 27

Sec. 24

Answer 27

- On application, notice to all parties, and hearing all concerned parties OR on its own motion HC or DC may - - transfer any suit or appeal pending before it to a court subordinate and competent for trial or disposal. - - withdraw any suit from a court subordinate to it - - - and try and dispose the same - - - transfer the same for trial and disposal to any court subordinate to it and competent - - - re transfer the same for trial or disposal from the court where it was withdrawn - where trial is transferred to a court it may subject to special directions as to trial, either re try the suit or proceed from the point at which it was tranferred - Court of Addn and Asst judges under DC - proceeding includes procedings in execution of decree - court trying a suit transferred from a small causes court will be considered small causes court - suit may be transferred from a court that has no jurisdiction to try it

Question 28

Sec. 25

Answer 28

- On application of a party, after notice, and hearing parties SC may at any stage transfer a suit from one HC or other Civil Court in one state to another HC and civil court - satisfied that an order u/s is neceesaary for ends of justice - every appl supported by an affidavit - if SC finds it frivolous or vexatious - can impose cost upto 2000 rupees compensation towards person who has opposed such application - subject to special directions, court may retry, or continue to try from point where it was transferred - court to which suit is transferred must apply laws of jurisdiction of where the suit was institutued

Question 29

Sec. 26

Answer 29

Every Suit to be instituted by presenting plaint In every plaint facts to be proved through affidavit affidavit as prescribed under Order VI Rule 15A

Question 30

Sec. 27

Answer 30

Suit duly instituted summons may be instituted not beyond 30 days from institution of suit

Question 31

Sec. 28

Answer 31

Where defendant resides in different state summons to be sent to sent to such court. The court to which summons sent will proceed as if it had been issued by it such court shall return the summons with record of proceedings where language different from court sending summons - Hindi where language in summons proceedings record is Hindi; Hindi or English where recording of summons proceedings is other than Hindi

Question 32

Sec. 29

Answer 32

Summon issued by - courts to which this code does not apply - civil courts or revenue courts which fall outside the control of central gov. - any other courts to which cent gov has by notification off gazz applied this section

Question 33

Sec. 30

Question 34

Sec. 31

Answer 34

Sec 27 28 29 to apply to give evidence produce documents or other material objects

Question 35

Sec. 32

Answer 35

Court may compel attendance of person - issue warrant for his arrest - attach and sell his property - impose fine (not exceeding 5000) - order him to furnish security for his appearance and in default commit him to civil prison

Question 36

Sec. 33

Answer 36

Court shall after suit has been heard give judgment on which decree shall follow

Question 37

Sec. 34

Answer 37

Where, decree is for payment of money - court may order such rate of interest as it may deem fit, on the principal amount - - from date of suit to date of decree - - any interest on principal for period prior to institution of suit - - from the date of decree to the date of payment - - or to such earlier date as the court finds fit - Where liability has arisen out of commercial transaction; may exceed 6 %; but not exceed contractual rate of interest; where no contractual rate of interest; it cannot exceed rate at which money lent by nationalised banks in relation to commercial transactions Exp 1 - Nat Bank means as defined in Banking Companies( Acquisition and Transfer of Undertakings) Act, 1970 Exp 2 - comm if connected with industry, trade or business of party - where decree is silent as to payment of interest - deemed to have refused such interest

Question 38

Sec. 35 Costs

Answer 38

Subject to conditions and limitations. Court shall have discretion to determine costs of suit. Court shall have full power to determine by whom, out of which property and to what extent such costs to be paid No jurisdiction to try the suit shall be no bar Where court imposes no costs it must records its reasons for the same. In relat. to Commercial disp - whether costs are payable; quantum of those costs; when they are to be paid Exp - Costs means reasonable costs fees and expense witness incurred; legal fees and expenses; other expenses incurred in connection to proceedings Gen Rule - unsuccessful party to pay costs. Court may deviate from this In regard to payment of costs Court must view - - - Conduct of Parties - - Whether Party has succedded on part of case, even if not whole - - WHether counterclaim was frivolous leading to delay - - WHether any reasonable offer to settle issues was made by the party - - Whether party made frivuolous claim - vexatious proceeding Court can order to Pay - - - Proportion of another party's costs - - Stated amount wrt another party's costs - - Costs from or until a certain date - - Costs incurred before proceedings have begun - - Costs relating to particular steps taken in the proceedings - - Costs relating to distinct part of proceedings - - Interest on cost from or until a certain date

Question 39

Sec. 35A Compensatory Costs for false or vexatious claims or defences

Answer 39

In any suit - Where a party objects to the claims or defence made against such objector on the ground that the claim or defence is false or vexatious to the knowledge of the person making it AND such a claim or defence is disallowed, withdrawn, OR abandoned The court may after holding the claim or defence as false or vexatious make order for payment by party making such claim or defence. No court to exceed 3000/- OR not exceeding its pecuniary juris - whichever less Court exercising juris under Small Causes Act NOT constituted under such Act - can impose up to 250 Rs cost. HC can limit amt that can be imposed u/ this sec. No person under whom costs imposed is exempted from Crim Proceedings Amt u/s taken into account in subsequent suits.

Question 40

Sec. 35B Costs for Causing Delay

Answer 40

If on date fixed to take a step - party to suit fails to take that step on/by that date OR obtains an adjournment for taking that step court may for reasons recorded - impose such costs on such party so as to reimburse the other party for expenses incurred for attending court that date AND payment of such costs shall be condition precedent for further prosecution of suit by plaintiff, where costs on plaintiff OR defence by defendant, where costs on defendant Where group of defendants - condition imposed only on such defendants Costs if not paid may be added to the final costs while awarded in decree. In all such cases a separate order to be drawn up for the same.

Question 41

Sec. 36 Appl to Orders

Answer 41

Code applying to execution of decrees also applicable to execution of orders

Question 42

Sec. 37 Def. of Court passing Decree

Answer 42

Court which passed a decree means - - where decree to be executed has been passed by an appellate - the court of first instance - where court of first instance ceased to exist or jurisdiction to execute it - such court which would have jurisdiction had it been instituted at the time of making application Exp - Court of first instance not cease to have jurisdiction to execute a decree merely on ground that after the decree passed the area transferred outside its jurisdiction to another court. In such case both the courts would have jurisdiction

Question 43

Sec. 38

Answer 43

By whom executed Either court that passed it OR Court to which it is sent for execution

Question 44

Sec. 39

Answer 44

Court which passed a decree - may send it for execution to another court - - - if person against whom decree voluntarily resides, carries out business, works for gain, within local limits of jurisdiction of court - - such person does not sufficient property within local limits of court passing decree to satisfy such decree, but has such property situated in the local limits of such other court - - decree directs sale delivery of immovable property outside the local limits of court - - any other reason that court may record - court may on its own motion send for execution to its subordinate court - for this section (execution), court shall be competent if it could have tried the suit when decree was made - nothing auhtorises court to execute decree beyond its local limits

Question 45

Sec. 40

Answer 45

When decree sent to another state's court - to be executed as per rules of that state

Question 46

Sec. 41

Answer 46

Court to which decre is sent for execution will certify to prioe court the proceedings in its execution

Question 47

Sec. 42 Power of Court in Transferred Decree

Answer 47

- Court executing decree shall enjoy powers as if it had passed the same decree. Persons disobeying or obstructing execution shall be punishable - These powers shall include - - Power to send decree for execution to another court (u/s 39) - - Power to execute decree ag. legal representative (u/s 50) - - Power to order attachment of a decree - Court passing an order in above shall send copy to court that passed decree - Nothing shall grant court power to - - - order execution at instance of transferee - - In case it is a firm against whom execution - Order XXI Rule 50

Question 48

Sec. 43 Exec of Decrees to which Code does not extend

Answer 48

Where decree passed by court (a) not within this Code, OR (b) est under Indian Gov outside India passes order that cannot be executed within local limits of that court it may be sent to court within this Code for execution

Question 49

Sec. 44 Decrees by Revenue Court to which this Code not Apply

Answer 49

Where decree by Revenue court - and this code not applicable May be executed within the same State as if passed in that State

Question 50

Sec. 44A

Question 51

Sec. 45 Execution of Decrees outside India

Question 52

Sec. 46 Precepts

Question 53

Sec. 47 Q.s before court determining execution

Answer 53

All questions between parties on execution to be detrmined by court executing it No seperate suit for same

Question 54

Sec. 48

Answer 54

Repealed

Question 55

Sec. 49

Question 56

Sec. 50 Legal Rep

Answer 56

Where before execution judgment-debtor dies. decree holder may apply before court that passed decree to execute it against Legal Rep. Legal Rep shall be liable only to extent of prop that has come to him AND has not been disposed off. To ascertain liability Court may on own motion or on Appl of decree holder compel Legl Rep to produce accounts.

Question 57

Sec. 51 Powers to Execute Decree

Answer 57

Sub limitations and conditions Decree can be executed in following manner - - - delivery of property specifically decreed - - attachment and sale OR sale w/out attachment of any property - - arrest and detention of person [due regard to sec. 58] - - appn. reciever Prov - Where decree is for payment of money, execution by detention in prison shall not be ordered, unless court in writing is satisfied - - - judgment debtor with effect to delay or obstruct execution of decree (a) is likely to abscond or leave local limits (b) has after institution of suit dishonestly transferred, concealed, removed part of his property, or committed any other act of bad faith in relation to that property.