Unit 3 10

Question 1

What is an ex parte decree?

Answer 1

An ex parte decree refers to a judgment or decree passed by a court in the absence of one of the parties to the suit, typically the defendant. The term ‘ex parte’ means ‘from one side.’

Question 2

What are the conditions for passing an ex parte decree?

Answer 2

1. Failure to Appear: The defendant must fail to appear in court after being properly served with the summons.
2. Failure to File Response: The defendant may fail to file a response to the plaintiff’s claim.
3. Duly Served Notice: The plaintiff must show proof that the defendant was duly served with a notice.

Question 3

What remedies are available to the person against whom an ex parte decree is passed?

Answer 3

1. Application for Setting Aside the Ex Parte Decree.
2. Appeal Against the Ex Parte Decree.
3. Review of the Ex Parte Decree.
4. Application for Re-hearing.

Question 4

What is the primary remedy for setting aside an ex parte decree?

Answer 4

The primary remedy is to file an application under Order IX, Rule 13 of the CPC, demonstrating lack of proper service or sufficient cause for non-appearance.

Question 5

What is the time limit for filing an application to set aside an ex parte decree?

Answer 5

The application must be filed within 30 days from the date of the ex parte decree.

Question 6

What is the process for discovery of documents under the CPC?

Answer 6

Discovery allows a party to demand documents in the possession of the other party that are relevant to the case, as per Order XI, Rules 1–6.

Question 7

What is the right to inspect documents?

Answer 7

Inspection allows a party to examine documents disclosed by the opposing party under Order XI, Rule 8.

Question 8

What does production of documents entail?

Answer 8

Production refers to presenting relevant documents in court for examination by the judge and other parties, as per Order XI, Rule 12.

Question 9

What are the consequences of non-compliance with discovery orders?

Answer 9

The court may impose sanctions, such as striking out pleadings or drawing adverse inferences.

Question 10

What are the consequences of appearance in a suit for the plaintiff?

Answer 10

The plaintiff can proceed with the case, file pleadings, and seek relief if they appear in court.

Question 11

What happens if the plaintiff does not appear in court?

Answer 11

The suit may be dismissed for non-prosecution, but the plaintiff can apply for restoration under certain conditions.

Question 12

What are the consequences of a defendant’s non-appearance?

Answer 12

The court may proceed with ex parte proceedings and pass an ex parte decree against the defendant.

Question 13

What can a defendant do if an ex parte decree is passed against them?

Answer 13

The defendant can apply to set aside the ex parte decree under Order IX, Rule 13 if they show reasonable cause for non-appearance.

Question 14

What happens if both parties fail to appear in court?

Answer 14

The court may dismiss the suit or the defense, depending on the circumstances.

Question 15

What is dismissal for non-prosecution?

Answer 15

If both parties fail to appear, the court may dismiss the suit or the defense, depending on the circumstances. If the plaintiff fails to appear, the suit can be dismissed; if the defendant fails to appear, the plaintiff may be allowed to proceed ex parte.

Question 16

What are the consequences in summary trials if the defendant does not appear?

Answer 16

The court may pass a summary judgment in favor of the plaintiff based on available documents.

Question 17

What is an ex parte decree?

Answer 17

When a defendant fails to appear, an ex parte decree may be passed, but it can be challenged by applying to set it aside under Order IX, Rule 13 of the CPC.

Question 18

What are adverse inferences in the context of non-appearance?

Answer 18

Non-appearance may lead the court to draw adverse inferences against the absent party, such as assuming the defendant has no defense to the claim.

Question 19

What happens if the defendant fails to appear after being given reasonable time?

Answer 19

The court may strike off the defendant’s defense and proceed with the suit.

Question 20

What are the consequences of the plaintiff’s non-appearance?

Answer 20

The plaintiff’s case may suffer, leading to dismissal of the suit or an adverse cost order.

Question 21

What is the significance of appearance in a civil suit?

Answer 21

Appearance ensures that the case proceeds to trial with both parties having the opportunity to present their case.

Question 22

What are the modes of execution of a decree under the CPC?

Answer 22

The execution of a decree refers to the process by which a party enforces the court’s judgment, with various methods provided under Order XXI of the CPC.

Question 23

What is execution by delivery of possession?

Answer 23

The court can order the delivery of physical possession of property to the decree-holder, such as in an eviction suit.

Question 24

What is execution by seizure and sale of property?

Answer 24

The court may order the seizure of the judgment-debtor’s property to satisfy a monetary decree, followed by its sale at auction.

Question 25

What is execution by arrest and detention?

Answer 25

The court may order the arrest and detention of the judgment-debtor who has the ability to pay but refuses to do so.

Question 26

What is execution by attachment of salary or wages?

Answer 26

The court may order a portion of the judgment-debtor’s salary to be deducted periodically to recover the amount due.

Question 27

What is execution by appointment of receiver?

Answer 27

The court may appoint a receiver to manage property that is likely to deteriorate or is difficult to execute by other means.

Question 28

What is execution by sale of debts or other movables?

Answer 28

The court can direct the sale of movable property, such as debts owed to the judgment-debtor.

Question 29

What is execution by delivery of goods?

Answer 29

The court may order the delivery of specific goods as per the decree.

Question 30

What is execution by order for payment of money?

Answer 30

If the decree is for a specific amount of money, the execution can take the form of an order for payment.

Question 31

What is execution of decrees for specific performance?

Answer 31

The court may order specific actions by the judgment-debtor in suits for specific performance.

Question 32

What is execution by fast-track methods?

Answer 32

The court may expedite the execution process in cases requiring immediate relief.

Question 33

What is the court's power to amend or strike out issues?

Answer 33

The court can amend or strike out issues to ensure they are relevant and necessary for fair adjudication.

Question 34

What are issues in a civil suit?

Answer 34

Issues are the points of law or fact that the court must decide to resolve the dispute between the parties.

Question 35

How are issues framed?

Answer 35

Framing of issues involves identifying the points of dispute from pleadings and stating them clearly.

Question 36

What is the identification of disputed points from pleadings?

Answer 36

Issues are framed based on the plaint and written statement, which outline claims, defenses, and counterclaims.

Question 37

What is a plaint?

Answer 37

The plaint is filed by the plaintiff, setting out the facts, relief sought, and legal grounds for the claim.

Question 38

What is a written statement?

Answer 38

The written statement is filed by the defendant, responding to the plaintiff’s claim by admitting or denying allegations.

Question 39

What is the court's responsibility under Order XIV, Rule 1 (CPC)?

Answer 39

The court is responsible for framing issues after both the plaint and the written statement are filed.

Question 40

What types of issues can be framed by the court?

Answer 40

Issues can be of fact, law, or a combination of both.

Question 41

What are issues of fact?

Answer 41

Factual questions that need to be resolved, such as whether the defendant was present at the location on the day of the incident.

Question 42

What are issues of law?

Answer 42

Questions involving legal principles, such as whether the plaintiff is entitled to damages under Section 73 of the Indian Contract Act.

Question 43

What are mixed issues of fact and law?

Answer 43

Issues that involve both legal and factual determination, such as whether the contract between the parties is valid under the law of contracts.

Question 44

What discretion does the court have in framing issues?

Answer 44

The court can amend, add, or strike out issues as necessary.

Question 45

What is the purpose of a pre-trial conference or hearing?

Answer 45

To help narrow down the issues and ensure that only relevant issues are tried in the case.

Question 46

What happens once the issues are framed?

Answer 46

They are formally recorded in a list, and both parties are notified, forming the basis of the trial.

Question 47

What is a decree?

Answer 47

A formal and binding order of a court that resolves a matter of law or fact in a civil suit.

Question 48

What is the definition of a decree under Section 2(2) of the CPC?

Answer 48

A decree is the formal pronouncement of the judgment by the court, resolving the matter in controversy between the parties.

Question 49

What are the types of decrees?

Answer 49

Types include preliminary decree, final decree, decree by consent, and ex-parte decree.

Question 50

What is an order in legal terms?

Answer 50

A decision or direction passed by a court during the course of a legal proceeding that addresses interim matters.

Question 51

What is the difference between a decree and an order?

Answer 51

A decree conclusively determines the rights of the parties, while an order addresses procedural matters without determining substantive rights.

Question 52

What properties are not liable for attachment and sale in execution of a decree?

Answer 52

Properties essential for the livelihood, well-being, and dignity of the judgment debtor or their family are exempted.

Question 53

What are properties of personal necessity?

Answer 53

Clothing, bedding, tools of trade, and books of accounts necessary for daily living and earning a livelihood.

Question 54

What properties are protected by specific laws?

Answer 54

Agricultural land, pensions, and income of dependent persons may be exempt from attachment.

Question 55

What exemptions relate to personal dignity?

Answer 55

Household articles, kitchen utensils, and jewelry necessary for maintaining home and family life are protected.

Question 56

What are the exceptions and limitations to property exemptions?

Answer 56

Exemptions apply mainly to personal debts and may have limits on value or specific conditions.

Question 57

What is the conclusion regarding properties not liable for attachment?

Answer 57

Properties deemed essential for the judgment debtor’s livelihood and dignity are protected under Section 60 of the CPC.