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SUCCESS > INDEX - CPC > Flashcards

INDEX - CPC Flashcards

1
Q

CPC - Section 96

A

Appeal from original decree

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2
Q

CPC - Section 97

A

Appeal from final decree where no appeal from preliminary decree

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3
Q

CPC - Section 98

A

Decision where appeal heard by two or more Judges

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4
Q

CPC - Section 99

A

No decree to be reversed or modified for error or irregularity not affecting merit or jurisdiction

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5
Q

CPC - Section 100

A

Second appeal

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6
Q

CPC - Section 100A

A

No further appeal in certain cases

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7
Q

CPC - Section 101

A

Second appeal on no other grounds

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8
Q

CPC - Section 102

A

No second appeal in certain suits

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9
Q

CPC - Section 103

A

Power of High Court to determine issues of fact

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10
Q

CPC - Section 104

A

Orders from which appeal lies

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11
Q

CPC - Section 105

A

Other orders

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12
Q

CPC - Section 106

A

What Courts to hear appeals

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13
Q

CPC - Section 107

A

Power of Appellate court

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14
Q

CPC - Section 108

A

Procedure in appeals from appellate decrees and

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15
Q

CPC - Section 109

A

When appeal lie to the Supreme Court

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16
Q

CPC - Section 110

A

Value of subject-matter

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17
Q

CPC - Section 111

A

Bar of certain appeals

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18
Q

CPC - Section 111A

A

Appeal to Federal Court

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19
Q

CPC - Section 112

A

Savings

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20
Q

CPC - Section 113

A

Reference to High Court

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21
Q

CPC - Section 114

A

Review

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22
Q

CPC - Section 115

A

Revision

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23
Q

CPC - ORDER V

A

ISSUE AND SERVICE OF SUMMONS

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24
Q

CPC - Order 5- Rule 1

A

Summons

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25
Q

CPC - Order 5- Rule 2

A

Copy of plaint annexed to summons

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26
Q

CPC - Order 5- Rule 3

A

Court may order defendant or plaintiff to appeal in person

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27
Q

CPC - Order 5- Rule 4

A

No part to be ordered to appear in person unless resident within certain limits

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28
Q

CPC - Order 5- Rule 5

A

Summons to be either to settle issues or for final disposal

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29
Q

CPC - Order 5- Rule 6

A

Fixing day for appearance of defendant

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30
Q

CPC - Order 5- Rule 7

A

Summons to order defendant to produce documents relied on by him

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31
Q

CPC - Order 5- Rule 8

A

On issue of summons for final disposal, defendant to be directed to produce his witnesses

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32
Q

CPC - Order 5- Rule 9

A

Deliver of summons by Court

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33
Q

CPC - Order 5- Rule 9-A

A

Summons given to the plaintiff for service

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34
Q

CPC - Order 5- Rule 10

A

Mode of service

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35
Q

CPC - Order 5- Rule 11

A

Service on several defendants

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35
Q

CPC - Order 5- Rule 12

A

Service to be on defendant in person when practicable, or on his agent

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36
Q

CPC - Order 5- Rule 13

A

Service on agent by whom defendant carries on business

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37
Q

CPC - Order 5- Rule 14

A

Service on agent in charge in suits for immovable property

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38
Q

CPC - Order 5- Rule 15

A

Where service may be on an adult ember of defendant’s family

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39
Q

CPC - Order 5- Rule 16

A

Person served to sign acknowledgment

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40
Q

CPC - Order 5- Rule 17

A

Procedure when defendant refused to accept service, or can not be found

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41
Q

CPC - Order 5- Rule 18

A

Endorsement of time and manner of service

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42
Q

CPC - Order 5- Rule 19

A

Examination of serving officer

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43
Q

CPC - Order 5- Rule 19 A

A

[Omitted by Amendment Act, 1999]

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44
Q

CPC - Order 5- Rule 20

A

Substituted service, Effect of substituted service, Where service is substituted, time for appearance to be fixed

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45
Q

CPC - Order 5- Rule 20 A

A

[Repealed]

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46
Q

CPC - Order 5- Rule 21

A

Service of summons where defendant resides within jurisdiction of another court

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47
Q

CPC - Order 5- Rule 22

A

Service, within Presidency -towns, of summons issued by Courts outside

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48
Q

CPC - Order 5- Rule 23

A

Duty of Court to which summons is sent

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49
Q

CPC - Order 5- Rule 24

A

Service on defendant in prison

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50
Q

CPC - Order 5- Rule 25

A

Service where defendant resides out of India and has no agent

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51
Q

CPC - Order 5- Rule 26

A

Service in foreign territory through Political Agent or Court

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52
Q

CPC - Order 5- Rule 26 A

A

Summonses to be sent to officers of foreign countries

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53
Q

CPC - Order 5- Rule 27

A

Service on civil public officers or on servant of railway company or local authority

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54
Q

CPC - Order 5- Rule 28

A

Service on soldiers, sailors or airmen

55
Q

CPC - Order 5- Rule 29

A

Duty of person to whom summons is delivered or sent for service

56
Q

CPC - Order 5- Rule 30

A

Substitution of letter of summons

57
Q

CPC - Order 22- Rule 1

A

No abatement by party’s death if right to sue survives

58
Q

CPC - Order 22- Rule 2

A

Procedure where one of several plaintiffs or defendants dies and right to sue survives

58
Q

CPC - Order 22- Rule 4

A

Procedure in case of death of one of several defendants or of sole defendants or of sole defendant

58
Q

CPC - Order 22- Rule 5

A

Determination of question as to legal representative

58
Q

CPC - Order 22- Rule 3

A

Procedure in case of death of one of several plaintiffs or of sole plaintiff

59
Q

CPC - Order 22- Rule 6

A

No abatement by reason of death after hearing

59
Q

CPC - Order 22- Rule 4 A

A

Procedure when there is no legal representative

59
Q

CPC - Order 22- Rule 7

A

Suit not abated by marriage of female party

59
Q

CPC - Order 22- Rule 8

A

When plaintiff’s insolvency bars suit, Procedure where assignee fails to continue suit, or give security

59
Q

CPC - Order 22- Rule 10 A

A

Duty of pleader to communicate to Court death of a party

59
Q

CPC - Order 22- Rule 10

A

Procedure in case of assignment before final order in suit

59
Q

CPC - Order 22- Rule 9

A

Effect of abatement of dismissal

60
Q

CPC - Order 22- Rule 11

A

Application of Order to appeals

61
Q

CPC - Order 22- Rule 12

A

Application of Order to proceedings

62
Q

CPC - ORDER XXII

A

DEATH, MARRIAGE AND INSOLVENCY OF PARTIES

63
Q

CPC - ORDER XXXII

A

SUITS BY OR AGAINST MINORS AND PERSON OF UNSOUND MIND

64
Q

CPC - Order 32- Rule 1

A

Minor to sue by next friend

65
Q

CPC - Order 32- Rule 2

A

Where suit is instituted without next friend, plaint to be taken off the file

66
Q

CPC - Order 32- Rule 2 A

A

Security to be furnished by next friend when so ordered

67
Q

CPC - Order 32- Rule 3

A

Guardian for the suit to be appointed by Court for minor defendant

68
Q

CPC - Order 32- Rule 3 A

A

Decree against minor not to be set aside unless prejudice has been causes to his interest

69
Q

CPC - Order 32- Rule 4

A

Who may act as next friend or be appointed guardian for the suit

70
Q

CPC - Order 32- Rule 5

A

Representation of minor by next friend or guardian for the suit

70
Q

CPC - Order 32- Rule 6

A

Receipt by next friend or guardian for the suit of property under decree for minor

71
Q

CPC - Order 32- Rule 7

A

Agreement or compromise by next friend or guardian for the suit

71
Q

CPC - Order 32- Rule 8

A

Retirement of next friend

71
Q

CPC - Order 32- Rule 9

A

Removal of next friend

72
Q

CPC - Order 32- Rule 10

A

Stay of proceedings on removal, etc. of next friend

73
Q

CPC - Order 32- Rule 11

A

Retirement, removal or death of guardian for the suit

74
Q

CPC - Order 32- Rule 12

A

Course to be followed by minor plaintiff or applicant on attaining majority

75
Q

CPC - Order 32- Rule 13

A

Where minor co-plaintiff attaining majority desires to repudiate suit

76
Q

CPC - Order 32- Rule 14

A

Unreasonable or improper suit

77
Q

CPC - Order 32- Rule 15

A

Rules 1 to 4 (except rule 2-A) to apply to persons of unsound mind

78
Q

CPC - Order 32- Rule 16

A

Savings

79
Q

CPC - ORDER XLIV

A

APPEALS BY INDIGENT PERSON

80
Q

CPC - Order 44- Rule 1

A

Who may appeal as an indigent person

81
Q

CPC - Order 44- Rule 2

A

Grant of time for payment of Court-fee

82
Q

CPC - Order 44- Rule 3

A

Inquiry as to whether applicant is an indigent person

83
Q

CPC - ORDER XLI

A

APPEALS FROM ORIGINAL DECREES

84
Q

CPC - Order 41- Rule 1

A

Form of appeal -What to accompany memorandum, Contents of memorandum

84
Q

CPC - Order 41- Rule 2

A

Ground which may be taken in appeal

85
Q

CPC - Order 41- Rule 3

A

Rejection or amendment of memorandum

86
Q

CPC - Order 41- Rule 3 A

A

Application for condonation of delay

86
Q

CPC - Order 41- Rule 4

A

One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all

86
Q

CPC - Order 41- Rule 5

A

Stay by Appellate Court, Stay by Court which passed the decree

87
Q

CPC - Order 41- Rule 6

A

Security in case of order for execution of decree appealed from

88
Q

CPC - Order 41- Rule 7

A

[Repealed]

89
Q

CPC - Order 41- Rule 8

A

Exercise of powers in appeal from order made in execution of decree

90
Q

CPC - Order 41- Rule 9

A

Registry of memorandum of appeal

91
Q

CPC - Order 41- Rule 10

A

Appellate Court may require appellant to furnish security for costs, Where appellant resides out of India

92
Q

CPC - Order 41- Rule 11

A

Power to dismiss appeal without sending notice to lower Court

92
Q

CPC - Order 41- Rule 11 A

A

Time within which hearing under rule 11 should be concluded

92
Q

CPC - Order 41- Rule 13

A

[Repealed]

93
Q

CPC - Order 41- Rule 12

A

Day for hearing appeal

94
Q

CPC - Order 41- Rule 14

A

Publication and service of notice of day for hearing appeal, Appellate Court may itself cause notice to be served

95
Q

CPC - Order 41- Rule 15

A

[Repealed]

96
Q

CPC - Order 41- Rule 16

A

Right to begin

97
Q

CPC - Order 41- Rule 17

A

Dismissal of appeal for appellant’s default, Hearing appeal ex parte

98
Q

CPC - Order 41- Rule 18

A

[Omitted by the Amendment Act, 1999]

99
Q

CPC - Order 41- Rule 19

A

Re-admission of appeal dismissed for default

100
Q

CPC - Order 41- Rule 20

A

Power to adjourn hearing and direct persons appearing interested to be made respondents

101
Q

CPC - Order 41- Rule 21

A

Re-hearing on application of respondent against whom ex parte decree made

102
Q

CPC - Order 41- Rule 22

A

Upon hearing respondent may object to decree as if he had preferred separate appeal, Form of objection and provisions applicable thereto

103
Q

CPC - Order 41- Rule 23

A

Remand of case by Appellate Court

104
Q

CPC - Order 41- Rule 23 A

A

Remand in other cases

104
Q

CPC - Order 41- Rule 24

A

Where evidence on record sufficient, Appellate Court may determine case finally

105
Q

CPC - Order 41- Rule 25

A

Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from

106
Q

CPC - Order 41- Rule 26

A

Findings and evidence to be put on record -Objection to finding, Determination of appeal

106
Q

CPC - Order 41- Rule 26 A

A

Order of remand to mention date of next hearing

106
Q

CPC - Order 41- Rule 28

A

Mode of taking additional evidence

106
Q

CPC - Order 41- Rule 27

A

Production of additional evidence in Appellate Court

106
Q

CPC - Order 41- Rule 29

A

Points to be defined and recorded

107
Q

CPC - Order 41- Rule 30

A

Judgment when and where pronounced

108
Q

CPC - Order 41- Rule 31

A

Contents, date and signature of judgment

109
Q

CPC - Order 41- Rule 32

A

What judgment may direct

109
Q

CPC - Order 41- Rule 33

A

Power of Court of appeal

110
Q

CPC - Order 41- Rule 34

A

Dissent to be recorded

111
Q

CPC - Order 41- Rule 35

A

Date and contents of decree, Judge dissenting from judgment need to sign decree

112
Q

CPC - Order 41- Rule 36

A

Copies of judgment and decree to be furnished to parties

112
Q

CPC - Order 41- Rule 37

A

Certified copy of decree to be sent to Court whose decree appealed from

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