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Code of Civil Procedure Flashcards

1
Q

What is the Act Number?

A

Act 5 of 1908

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2
Q

What is the long title?

A

An act to consolidate and amend the laws relating to procedure of courts of civil judicature

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3
Q

When was this act enacted?

A

21st March, 1908

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4
Q

What is the short title

A

Code of civil procedure, 1908

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5
Q

When did this act come into force?

A

1st January, 1909

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6
Q

Which act provides that the landowner or landholder will not be barred under this act from recovery of rent of agricultural land?

A

Section 4 (savings clause)

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7
Q

Application of this code to revenue courts

A

section 5

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8
Q

Pecuniary Jurisdiction

A

section 6

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9
Q

Provincial small causes court

A

Section 7

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10
Q

Presidential small causes court

A

Section 8

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11
Q

Jurisdiction

A

Section 9

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12
Q

Adbul Waheed Khan v. Bhawani

A

Jurisdiction is the authority of the court to hear or determine any cause of matter

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13
Q

Jurisdiction is the authority of the court to hear the matters litigated before it, or to take cognizance of the matters presented before it in a formal way for its decision.

A

Official Trustee v. Sachindra Nath

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14
Q

coram non judice

A

Not before a judge

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15
Q

Any decision by a court not having jurisdiction is a nullity and this can be challenged at any stage

A

Kiran Singh v. Chaman Paswan

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16
Q

ex dolo malo non oritur actio

A

An action cannot arise from a fraud

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17
Q

Nature and scope of res judicata

A

lal chand v. radha krishnan

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18
Q

Res judicata

A

section 11

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19
Q

What are the 8 explanations to res judicata?

A

Explanation 1 - suit finally decided matters, not when it was instituted

Explanation 2 - Right of appeal is not a consideration when decided the competence of the court

Explanation 3 - The matter must be alleged by one party and denied by the other

Explanation 4 - any ground of defence or attack which should’ve been raised in the former suit will be deemed to be an issue directly and substantially in issue in the former suit.

Explanation 5 - Any relief claimed, which is not granted in the previous suit will be deemed to have been refused.

Explanation 6 - when there is a bona fide litigation for a public right or a private right claimed for a number of people, all of the people will be deemed to be litigating.

Explanation 7 - Explanation VII.-The provisions of this section shall apply to a pro- ceeding for the execution of a decree and references in this section to any suit, issue or former suit shall be construed as references, respectively, to a proceeding for the execution of the decree, question arising in such pro- ceeding and a former proceeding for the execution of that decree.

Explanation 8 - A decision of a court of limited jurisdiction will be res judicata to other suits, irrespective of the fact that this court was not competent to try this suit.

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20
Q

nemo debet bis vexari pro una et eadem causa

A

No man should be vexxed twice for the same cause

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21
Q

interest republicae ut sit finis litium

A

it is in the interest of the state that all litigation must come to an end

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22
Q

res judicata pro veritate occipitur

A

a judicial decision must be regarded as correct

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23
Q

Landmark judgement for res judicata

A

Duchess of kingstone case

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24
Q

Which case put the doctrine of res judicata within the concept of rule of law

A

Daryao v. State of UP

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25
if there are several issues, decisions on each of them would be res judicata
ramesh chandra v. shiv charan das
26
section 10
stay of suit - res sub judice
26
section 12
bar to further suit - where a plaintiff is precluded by rules from instituting a further suit, he cannot institute a suit in any court to which this code applies.
27
section 13
foreign judgement not conclusive no competent court merits pe nhi diya incorrect view of international law or indian law natural justice oppose fraud breach of any law
28
section 14
presumption as to foreign judgement presumption of foreign judgement upon production of certified copy unless contrary appears on record presumption may be removed by proving want of jurisdictiob
29
section 15
court of instituting suit - it shall be instituted in a court of the lowest grade competent to try it
30
section 16
suits to be instituted where the subject matter is situated limitation - pecuniary limitation
31
section 16 what all suits are included?
1. recovery of immoveable property 2. partition of immoveable property 3. forclosure, sale or redemption of immoveable property 4. determination of right or interest 5. compensation of wrong to immoveable property 6. recovery of moveable property
32
what is the exception to section 16 (suit to be instituted where the subject matter is situated)
exception: in a suit for compensation of wrong to immoveable property where the property is held by the defendant and the relief can be sought entirely through his obediance there will be two courts having jurisdiction: 1. where the property is situate 2. when the defendant voluntary resides, carries on business or personally works for gain.
33
what is the meaning of property under section 16
property means property situated in india
34
section 17
jurisdiction of the courts when the property is situated within different jurisdictions jurisdiction will be in either of the courts where any portion of the subject matter (property) is situated. the court should also have the pecuniary jurisdiction
35
section 18
when there is uncertainty as to which court has jurisdiction, either of these courts can take the up the case. provided that there is reasonable ground to believe that there exists an uncertainty and a statement is recorded to that effect.
36
what happens when the statement is not recorded under section 18?
if the statement is not recorded and there is any objection in the appellate or revision court, the court will take up this objection only if they think that there is no reasonable ground for an uncertainity to exist.
37
section 19
jurisdiction on wrong to person or moveable property 1. where wrong happened 2. where the defendant voluntarily works, resides or personally works for gain se
38
what type of jurisdiction is mentioned in section 16
territorial jurisdiction
39
section 17 of cpc could be connected to which sections of crpc
section 177 to 189 (where the offence is carried out over different periods
40
section 20
other suits to where the defendants reside 1. defendant or each of the defendant VW, R, PWFG 2. any of the defendant vw, r, pwfg - provided the rest of them acquiesce. 3. cause of action arises
41
where shall a corporation be considered to carry on business?
both at principal office and at subordinate office
42
when the agreement is for sale of moveable property, which section for jurisdiction would apply?
section 20 (other suits....)
43
section 21
objection to place of suing 1. court of 1st instance 2. earliest possible opportunity 3. at or before settling of issues 4. consequential failure of justice - appellate/revisional courts - execution courts - in terms of pecuniary jurisdiction
44
section 21A
no challenging a decree passed in a suit objecting to the place of suing.
45
which sections talk about tranfser
sec 22 to 25
46
section 22
transfer when 1. at the earliest possible stage 2. at or before the settlement of issues application by: defendant
47
which order talks about settlement of issues
order 14
48
section 23
1. when different courts have jurisidctin under one appellate court - AP 2. when different AP, but one HC - HC 3. when different HC - court within the juris of which suit was first brought.
49
section 24
general powers of the court to transfer or withdraw suits. power to - HC/DC 1. how - on application by either of the parties + notice given to each of them or on its own motion without giving such notice 2. when - at any stage 3. powers a. transfer - any suit, appeal or proceeding pending before it - to any court subordinate to it and competent to try it b. withdraw from any court: 1. try itself 2. transfer 3. retransfer 4. suit may be transferred from a suit not having jurisdiction 5. any suit transferred from a small causes court - the new court will be called small causes court 6. the new court may retry it or start at the point where it left off.
50
section 25
power to sc to transfer how - application by the parties = notice to each party - hearing descretion - sc thinkls it expedient for the ends of justice when - at any stage powers - HC/CC of one state to other frivolous - compensation paid by applicant to opposing prty retry or start from old application form - mootion + affidavit old law to be applied on old case will apply on the new court
51
section 26
institution of suits in every case suit will be instituted by the presentation of the plaint - or as may be prescribed in a plaint - facts will be proved by affidavit
52
section 27
summons to defendant
53
section 28
service of summons if defendant resides in other states
54
section 29
service of foreign summons
55
section 30
power of the court to order for discovery
56
section 31
summons to witnesses
57
section 32
penalty for default
58
section 33
judgement and decree after the case has been heard the court shall pronounce the judgement. and on such judgement a decree shall follow.
59
section 34
interest (refer to book) when - decree is for the payment of money court - interest on the principal sum time period: 1. date of suit to date of decree 2. prior to date of instituiton of suit 3. date of decree to date of payment: 6+ roi if court has given no interest in decree - court has refused interest - no further suit shall lie (bar to further suit section 12)
60
section 35
costs costs are the descretion of teh courts kisse lena hai kitna kis property pe kya procedure hoga if court has not imposed costs - has to record reasons in writing
61
section 35A
compensatory costs apply to - any suits including execution proceedings not apply to - appeal/revision grounds - false and vexatious claims max - 3000 or pecuniary jurisdiction which is lesser no exemption from criminal proceedings
62
section 35B
costs for causing delay when any of the parties does the following: 1. fails to take any step he was supposed to 2. gets an adjournement he will be made to pay costs and the case will not go aage for both the defendant (his defence) and the plaintiff (his plaint) these costs to be included in tghe final decree if not paid.
63
Section 36
provision of execution of decree to execution of order
64
section 37
definition of court which passed the decree court of 1st instance: if court of apellate juris will court which would have the jurisidiction if courtof 1st instance ceases to exist or ceases to have jurisidiction.
65
section 38
court by which decree may be executed 1. court that passed it 2. court to which it is sent for execution
66
section 39
tranfser of decrees how - on application by decree holder or on its own motion in the following grounds: 1. JD VR/COB/PWG 2. has property sufficient to satisify the decree in that jurisidiction 3. transfer of immoveable property there, but immoveable property is located in other juris 4. any other reason the court should record their reasons competent court - which would have the jurisdiction to take up the case at the time of the transfer.
67
under which act do we file an application for the execution of the decree
section 136 of the limitation act - which talks of the procedure to file an application under this section. limitation period to file an execution decree - 12 years
68
section 40
transfer of the decree to another state will be governed by the rules and regulations of that state
69
section 41
result of the execution proceedings to be certified: 1. fact of the execution 2. circumstances surrounding the failure
70
71
section 45
execution of decree outside india transferred court to be established by central govt state govt must declare that this section applies to that court
72
section 46
precepts application by - decree holder court - issue precept to another court to attach property belonging to the judgement debtor duration not more that two months unless: 1. order by court 2. decree is transferred to that court and DH asks for sale of property
73
section 47
questions to be determined by courts
74
section 60
general provision for the attachment and sale in execution of property
75
section 61
partial exemption to agricultural land
76
section 62
execution of proceedings in a dwelling house
77
section 63
attachment in different courts
78
section 64
any transfer of property post attachment is void
79
section 65
purchases title - which is vested in him when the property is sold not when the sale becomes absolute
80
section 67
state govt's power to make rules regarding the execution of sale
81
section 73
proceeds in an execution sale will be distributed rateably among the decree holders
82
section 74
punishment on resistance to execution of decree - max 30 days + direction to give the possession to the DH
83
section 75
power of the court to issue commissions
84
section 76
commission to another court
85
secion 77
letter of request
86
section 78
commission issued by foreign courts
87
88
mis joinder and non joinder
misjoinder: contravention of rule 1 and rule 3 of order 1 nonjoinder: not joining proper or necessary party
89
order 1 rule 1
joinder of plaintiff rules
90
order 6
pleadings
91
rule 1 order 6
defines pleadings
92
order 6 rule 2
fundamental principles of pleadings
93
order 6 rule 3 to 13
requires the parties to supply pleadings
94
order 6 rule 14 and 15
signing and verification fo pleadings
95
order 6 rule 16
empowers teh court to strike out unecessary pleadings
96

DJS (3 decks)

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