PRELIMINARY Flashcards
Prior to ____ there was no uniform law of civil procedure. The Civil procedure was first introduced in that year only.
It was substituted by another code enacted in 1877. The code enacted in 1877 was replaced by the code in 1882 and this code was substituted by the present code in ____
1859 ; 1908
CPC is the primary _____ law in “administration of civil justice”
procedural
CPC came into force on
1/1/1909
1st January 1909
CPC is a combination of both ____ and procedural laws.
substantive
contains ____ sections in all called as the Body
158
The First Schedule of CPC contains ____ Orders.
Each order contains rules.
51
- Sections deal with the ____ part of law
- Orders deal with the _____ part
Substantive ; procedural
It starts with Preliminary chapter and is further divided into ____ parts
11
Also, there are ____ Appendices to CPC.
8
stages of civil litigation in India
PSWAD
AFHJE
- plaint
- summons
- written statement
- appearance/ non-appearance of parties
- discovery, inspection and interrogatories
- amendment of pleadings
- framing of issues
- hearing and trial
- judgement and decree
- execution proceedings (subject to appeals, reference, review and revision)
s.2(2)
Decree
- means the formal expression of an adjudication which, so far as regards the Court expressing it
- conclusively determines the rights of the parties -
with regard to all or any of the matters in controversy in the suit and - may be either preliminary or final. Explanation. —A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of.
- It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final;
Essential elements of a decree:
SASCF
- There must be a suit.
- There must be adjudication.
- There must exist Substantive rights of the parties.
- There must be a Conclusive Determination of the Rights.
5.The court must make a Formal expression in the manner provided by law for it to be a decree.
Deemed Decree:
- Order of ____ of plaint and
- Order determining any question within _____ are also decrees covered within _____.
- These two decrees are termed as deemed decrees
rejection
s.144 ; s.2(2)
S. 2(14)
Order
S. 2(14) “order” means the formal expression of any decision of a Civil Court which is not a decree.
- In a suit, court may take certain decisions on objective considerations and those decisions must contain a discussion of the matters at Issue in the suit and the reasons which led the court to pass the order.
- These decisions if fall short of a decree, they are orders
Similarities and differences between Order and Decree
DRAF
- There are many similarities between Order and Decree:
- Both are decisions given by Court.
- Both are related to matter in controversy.
- Both are adjudications.
- Both are formal expressions
s. 2(3)
“decree-holder”
means any person in whose favour a decree has been passed or an order capable of execution has been made
S. 2(8)
“Judge”
means the presiding officer of a Civil Court
S. 2(9)
“judgment”
- means the statement given by the Judge of the grounds of a decree or order
Judgment comprises of both decree and reasoning behind the decree passed.
Essentials of a judgment:
- A concise statement of the case
- The points for determination
- The decision thereon;
- The _____ for such decision.
Alteration of judgment:
- If mistake apparent on the face of it
- Clerical or arithmetic mistakes
-In case of ____
reasons ; review
s. 2(10)
“judgment-debtor”
means any person against whom a decree has been passed or an order capable of execution has been made
s. 2(11)
“legal representative”
- means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased
- and where a party sues or is sued in a representative character
- the person on whom the estate devolves on the death of the party so suing or sued
S. 2(12)
“mesne profits”
of property means those profits which the person in wrongful possession of such property actually received or
- might with ordinary diligence have received there from,
- together with interest on such profits,
- but shall not include profits due to improvements made by the person in wrongful possession;
mesne profits are generally calculated in suits for recovery of possession etc
S. 2(13)
“movable property”
includes growing crops;
s.2(17)
“public officer”
S.2(19)
“share in a corporation”
shall be deemed to include stock, debenture stock, debentures or bonds;
s.2(20)
“signed”
save in the case of a judgment or decree, includes stamped
Jurisdiction of the Civil Court: (s.3,6)
s.3 provides for Subordination of Courts
- High Court
- District Court
- every court of grade inferior to district court / court of small causes
S.6 provides for Pecuniary jurisdiction of Civil Courts r/w s.15-20 for rules of competency and jurisdiction of civil court.
- S.6 says that no court can adjudicate the on the amount or value or subject matter which exceeds the____ limits or is out of of its ____ jurisdiction
pecuniary ; ordinary
