preliminary section 1-8 Flashcards
date of enforcement
1/01/1909
2(1)
Code
Code includes
rules
2(2)
decree
decree includes
rejection of plaint and Section 144 (application for restitution)
Decree does not include
a) adjudication from which appeal lies as an appeal from order
b) dismissal for default
2(3)
decree holder
2(5)
Foreign court
2(6)
Foreign judgment
2(8)
Judge
2(9)
Judgment
Judgment is statement of
judge of grounds of decree / order
2(11)
legal representative
2(12)
mesne profit
what is mesne profit
wrongful possession
profit received or might have with ordinary diligence received + interest
which kind of property is mesne profit related to
immovable
whether official assignee or receiver Legal representative
NO
Whether executor or administrator LRs
Yes
A leaves behind X and married daughter Y. who can continue suit after death
both
2(14)
Orders
What are orders
formal expression of decision that is not decree
Signed includes ___ except ____
stamped
judgment/ decree
Section 3
Subordination of courts
Section 5
revenue courts
section 6
pecuniary jurisdiction
whether revenue court part of civil court
no
2002 amendment came into force
1/07/2002
sections in cpc can be amended by
Parliament