CPC Definitions

Question 1

Decree

Answer 1

s. 2(2) formal expression of an adjudication of a court-conclusively determines the right of parties in all matters of the suit

Question 2

Decree doesn’t include

Answer 2

1. any adjudication from which an appeal lies as an appeal from an order
2. any order of dismissal for default

Question 3

Essential elements of a decree

Answer 3

1. there must be an adjudication (madan naik v. hansubala devi)
2. adjudication must have been done in a suit (diwan bros v. CBI)
3. must determine rights of parties with regard to any/all matters of controversy in a suit
4. determination must be conclusive (rajani rani v. khairati lal; jethanand & sons v. st UP)
5. there must be formal expression of such adjudication (shakuntala devi v. kunta kumari)

Question 4

classes of decrees

Answer 4

1. preliminary- adjudication decides rights of parties with regard to any/all matters in the suit but doesnt completely dispose of the suit.
2. final- completely settles a suit, all questions on controversy, not further remaining to be decided
3. partly preliminary and partly final (eg: possession of immovable property with mesne profits)

Question 5

judgement

Answer 5

s. 2(9) statement given by judge of the grounds of a decree or order

Question 6

essentials of judgement

Answer 6

1. concise statement of case
2. points for determination
3. decision thereon
4. reasons for such decision

Question 7

judge must give grounds of decision; can’t merely say “suit dismissed” (case)

Answer 7

Balraj taneja v. sunil madan

Question 8

discrepancy between judgement and decree, which will prevail

Answer 8

judgement

Question 9

order

Answer 9

s. 2(14) formal expression of any decision of a civil court which is not a decree

Question 10

decree holder

Answer 10

S. 2(3)- person in whose favour the decree has been passed or an order capable of execution has been made

Question 11

judgement debtor

Answer 11

S 2(10) person against whom decree has been passed or an order capable of execution has been made

Question 12

judgement of court foreign [s. 2(6)] at time of pronouncement would not cease to be foreign judgement if the foreign territory subsequently became part of UoI. (reason?)

Answer 12

because you determine FJ by date of judgement and not date when it is sought to be enforced/executed.

Question 13

legal representative

Answer 13

S. 2(11) person who in law represents the estate of a deceased person
includes any person that intermeddles with the estate of the deceased

Question 14

mesne profits

Answer 14

S. 2(12)- profits which the person in wrongful possession received/ might have received with ordinary diligence+ interest on those profits

Question 15

what does mesne profits exclude

Answer 15

profits due to improvements made by person in wrongful possession of property.

Question 16

principles for determining amount of mesne profits

Answer 16

1. no profit by person in wrongful possession
2. restoration o fstatus before dispossession of decree holder
3. use to which decree holder would have put the property if he was in possession

Question 17

pleader

Answer 17

S. 2(15)- person entitles to appear and plead for another in court (advocate, vakil, attorney of HC)