Unit 3 10 Flashcards
What is an ex parte decree?
An ex parte decree refers to a judgment or decree passed by a court in the absence of one of the parties to the suit, typically the defendant. The term ‘ex parte’ means ‘from one side.’
What are the conditions for passing an ex parte decree?
- Failure to Appear: The defendant must fail to appear in court after being properly served with the summons.
- Failure to File Response: The defendant may fail to file a response to the plaintiff’s claim.
- Duly Served Notice: The plaintiff must show proof that the defendant was duly served with a notice.
What remedies are available to the person against whom an ex parte decree is passed?
- Application for Setting Aside the Ex Parte Decree.
- Appeal Against the Ex Parte Decree.
- Review of the Ex Parte Decree.
- Application for Re-hearing.
What is the primary remedy for setting aside an ex parte decree?
The primary remedy is to file an application under Order IX, Rule 13 of the CPC, demonstrating lack of proper service or sufficient cause for non-appearance.
What is the time limit for filing an application to set aside an ex parte decree?
The application must be filed within 30 days from the date of the ex parte decree.
What is the process for discovery of documents under the CPC?
Discovery allows a party to demand documents in the possession of the other party that are relevant to the case, as per Order XI, Rules 1–6.
What is the right to inspect documents?
Inspection allows a party to examine documents disclosed by the opposing party under Order XI, Rule 8.
What does production of documents entail?
Production refers to presenting relevant documents in court for examination by the judge and other parties, as per Order XI, Rule 12.
What are the consequences of non-compliance with discovery orders?
The court may impose sanctions, such as striking out pleadings or drawing adverse inferences.
What are the consequences of appearance in a suit for the plaintiff?
The plaintiff can proceed with the case, file pleadings, and seek relief if they appear in court.
What happens if the plaintiff does not appear in court?
The suit may be dismissed for non-prosecution, but the plaintiff can apply for restoration under certain conditions.
What are the consequences of a defendant’s non-appearance?
The court may proceed with ex parte proceedings and pass an ex parte decree against the defendant.
What can a defendant do if an ex parte decree is passed against them?
The defendant can apply to set aside the ex parte decree under Order IX, Rule 13 if they show reasonable cause for non-appearance.
What happens if both parties fail to appear in court?
The court may dismiss the suit or the defense, depending on the circumstances.
What is dismissal for non-prosecution?
If both parties fail to appear, the court may dismiss the suit or the defense, depending on the circumstances. If the plaintiff fails to appear, the suit can be dismissed; if the defendant fails to appear, the plaintiff may be allowed to proceed ex parte.
What are the consequences in summary trials if the defendant does not appear?
The court may pass a summary judgment in favor of the plaintiff based on available documents.
What is an ex parte decree?
When a defendant fails to appear, an ex parte decree may be passed, but it can be challenged by applying to set it aside under Order IX, Rule 13 of the CPC.
What are adverse inferences in the context of non-appearance?
Non-appearance may lead the court to draw adverse inferences against the absent party, such as assuming the defendant has no defense to the claim.
What happens if the defendant fails to appear after being given reasonable time?
The court may strike off the defendant’s defense and proceed with the suit.
What are the consequences of the plaintiff’s non-appearance?
The plaintiff’s case may suffer, leading to dismissal of the suit or an adverse cost order.
What is the significance of appearance in a civil suit?
Appearance ensures that the case proceeds to trial with both parties having the opportunity to present their case.
What are the modes of execution of a decree under the CPC?
The execution of a decree refers to the process by which a party enforces the court’s judgment, with various methods provided under Order XXI of the CPC.
What is execution by delivery of possession?
The court can order the delivery of physical possession of property to the decree-holder, such as in an eviction suit.
What is execution by seizure and sale of property?
The court may order the seizure of the judgment-debtor’s property to satisfy a monetary decree, followed by its sale at auction.
What is execution by arrest and detention?
The court may order the arrest and detention of the judgment-debtor who has the ability to pay but refuses to do so.
What is execution by attachment of salary or wages?
The court may order a portion of the judgment-debtor’s salary to be deducted periodically to recover the amount due.
What is execution by appointment of receiver?
The court may appoint a receiver to manage property that is likely to deteriorate or is difficult to execute by other means.
What is execution by sale of debts or other movables?
The court can direct the sale of movable property, such as debts owed to the judgment-debtor.
What is execution by delivery of goods?
The court may order the delivery of specific goods as per the decree.
What is execution by order for payment of money?
If the decree is for a specific amount of money, the execution can take the form of an order for payment.
What is execution of decrees for specific performance?
The court may order specific actions by the judgment-debtor in suits for specific performance.
What is execution by fast-track methods?
The court may expedite the execution process in cases requiring immediate relief.
What is the court’s power to amend or strike out issues?
The court can amend or strike out issues to ensure they are relevant and necessary for fair adjudication.
What are issues in a civil suit?
Issues are the points of law or fact that the court must decide to resolve the dispute between the parties.
How are issues framed?
Framing of issues involves identifying the points of dispute from pleadings and stating them clearly.
What is the identification of disputed points from pleadings?
Issues are framed based on the plaint and written statement, which outline claims, defenses, and counterclaims.
What is a plaint?
The plaint is filed by the plaintiff, setting out the facts, relief sought, and legal grounds for the claim.
What is a written statement?
The written statement is filed by the defendant, responding to the plaintiff’s claim by admitting or denying allegations.
What is the court’s responsibility under Order XIV, Rule 1 (CPC)?
The court is responsible for framing issues after both the plaint and the written statement are filed.
What types of issues can be framed by the court?
Issues can be of fact, law, or a combination of both.
What are issues of fact?
Factual questions that need to be resolved, such as whether the defendant was present at the location on the day of the incident.
What are issues of law?
Questions involving legal principles, such as whether the plaintiff is entitled to damages under Section 73 of the Indian Contract Act.
What are mixed issues of fact and law?
Issues that involve both legal and factual determination, such as whether the contract between the parties is valid under the law of contracts.
What discretion does the court have in framing issues?
The court can amend, add, or strike out issues as necessary.
What is the purpose of a pre-trial conference or hearing?
To help narrow down the issues and ensure that only relevant issues are tried in the case.
What happens once the issues are framed?
They are formally recorded in a list, and both parties are notified, forming the basis of the trial.
What is a decree?
A formal and binding order of a court that resolves a matter of law or fact in a civil suit.
What is the definition of a decree under Section 2(2) of the CPC?
A decree is the formal pronouncement of the judgment by the court, resolving the matter in controversy between the parties.
What are the types of decrees?
Types include preliminary decree, final decree, decree by consent, and ex-parte decree.
What is an order in legal terms?
A decision or direction passed by a court during the course of a legal proceeding that addresses interim matters.
What is the difference between a decree and an order?
A decree conclusively determines the rights of the parties, while an order addresses procedural matters without determining substantive rights.
What properties are not liable for attachment and sale in execution of a decree?
Properties essential for the livelihood, well-being, and dignity of the judgment debtor or their family are exempted.
What are properties of personal necessity?
Clothing, bedding, tools of trade, and books of accounts necessary for daily living and earning a livelihood.
What properties are protected by specific laws?
Agricultural land, pensions, and income of dependent persons may be exempt from attachment.
What exemptions relate to personal dignity?
Household articles, kitchen utensils, and jewelry necessary for maintaining home and family life are protected.
What are the exceptions and limitations to property exemptions?
Exemptions apply mainly to personal debts and may have limits on value or specific conditions.
What is the conclusion regarding properties not liable for attachment?
Properties deemed essential for the judgment debtor’s livelihood and dignity are protected under Section 60 of the CPC.
