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CIVIL PROCEDURE CODE
10. Q.1.1What is a letter of request?
Ans: Letter of request is a formal judicial communication asking a foreign court to
collect evidence or perform a procedural act for use in a pending case.
2. What is an ex-parte decree?
Ans: Ex parte decree is a decree passed by a court when the defendant fails to appear
despite proper service of summons.
3. What is a foreign Judgment?
Ans: Foreign judgment means a judgment delivered by a court situated outside India
and not established by the authority of the Central Government.
4. What is meant by mesne profit?
Ans: Mesne profits are the profits or benefits a wrongful possessor actually received
or could reasonably have received from property during the period of unlawful
possession.
5. Who is a 'Indigent Person' under the civil procedure code?
Ans: An indigent person under CPC is someone who lacks sufficient means to pay
the prescribed court fees required to file a suit or an appeal.
6. What do you mean by 'Abatment of suit'?
Ans: Abatement of suit refers to the termination of legal proceedings due to events
such as death, marriage, or insolvency of a party when substitution is not made in
time.
7. Who is Judgment Creditor?
Ans: Judgment creditor is the person in whose favour a decree or judgment for
payment of money has been passed.
8. Mention two duties of court Receivers?
Ans: Two duties of a court receiver are to preserve and manage the property under
receivership and to submit periodic accounts and reports to the court.
9. What is Res-Subjudice?
Ans: Res sub judice is the rule that prohibits a court from trying a suit if the matter in
issue is already pending in another competent court.
10. Stay of Suits?
Ans: Stay of suit means the court temporarily halts the proceedings of a case when
continuing it would conflict with justice, legality, or a parallel proceeding.
11. What is effect of part-payment on limitations?
Ans: Effect of part-payment on limitation is that a fresh limitation period begins
from the date of such acknowledged part-payment made before the original limitation
period expires.
1. [Link] Suit?
Ans:1. Filed when a person faces rival claims over the same property or money held
by them.
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2. The plaintiff claims no interest in the subject matter except charges or costs.
3. Its purpose is to protect an innocent stakeholder from multiple liability.
4. Rival claimants are made defendants to fight out their respective rights.
5. The plaintiff must be ready to deposit the disputed property or amount in court.
1. The court ultimately decides which defendant has the better claim and discharges the
plaintiff from liability.
2. Counter claim?
Ans: A counterclaim is an independent claim made by the defendant against the
plaintiff within the same suit.
2. It enables both claims to be settled in one proceeding, avoiding multiplicity of
litigation.
3. It may relate to causes of action accruing before or after the filing of the suit but
before the defence is delivered.
4. The counterclaim is treated as a cross-suit and has the same effect as a plaint.
5. The plaintiff must file a written statement in answer to the counterclaim.
6. The court may pronounce a final judgment on both the original claim and the
counterclaim together.
3. Rejection of suit?
Ans: A plaint can be rejected if it does not disclose a cause of action.
It may be rejected when the relief claimed is undervalued and not corrected within the
time granted.
It is also rejected when insufficient court fees are paid and the defect is not cured.
A suit is rejected if barred by law on the face of the plaint.
Rejection may occur if the plaint is not filed in duplicate or violates essential procedural
requirements.
Rejection of plaint is a decree and is appealable.
4. Adverse possession?
Ans: Adverse possession arises when someone occupies another’s property openly,
continuously, and hostilely against the true owner.
Possession must be actual, exclusive, and without permission of the owner.
It must be continuous for the entire statutory limitation period.
The occupier must assert rights inconsistent with those of the true owner.
The owner must have knowledge or the circumstances should imply that the possession is
hostile.
After the limitation period, the true owner's right to recover the property is extinguished,
and the possessor gains title.
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5. Bailment and its types?
Ans: Bailment is the delivery of goods by one person to another for a specific purpose
under a contract, after which the goods are to be returned or disposed of.
1. The person delivering the goods is the bailor, and the person receiving them is the
bailee.
2. Bailment requires transfer of possession but not ownership.
3. Types include bailment for the benefit of the bailor, such as free storage.
4. Bailment for the benefit of the bailee, such as borrowing goods for [Link] for
the mutual benefit of both, such as paid repairs or hiring services.
Q.3.1. Jurisdiction and its types?
Ans:
Jurisdiction means the legal authority of a court to hear, try, and decide a case.
It is fundamental because any judgment passed without jurisdiction is void.
Territorial jurisdiction determines the geographical limits within which a court can
exercise its authority.
Pecuniary jurisdiction limits courts based on the monetary value of the subject matter.
Subject matter jurisdiction restricts courts to specific kinds of cases, such as family
courts, small-causes courts, etc.
Original jurisdiction allows a court to hear a matter first, before any appeals.
Appellate jurisdiction empowers a court to hear appeals from lower court decisions.
Exclusive jurisdiction applies where only a particular court can decide certain matters.
Concurrent jurisdiction exists when more than one court can hear the same matter.
The CPC also recognizes inherent jurisdiction, where courts exercise powers necessary
to meet the ends of justice.
The parties cannot confer jurisdiction by consent if the court lacks inherent authority.
Objections to jurisdiction must be raised at the earliest stage, or they may be waived.
2. Reference,Review and Revision?
Ans: REFERENCE:
A reference arises when a subordinate court feels doubt on a legal question during a case.
The court may refer the question to the High Court for authoritative guidance.
It is used to avoid errors in important questions of law.
The High Court’s decision on reference is binding on the subordinate court.
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REVIEW:
A review allows a court to reconsider its own judgment under specific grounds.
Grounds include discovery of new evidence, an error apparent on the face of the record, or
other sufficient reasons.
A review petition must be filed before the same court that passed the judgment.
Review cannot be used to reargue the entire case or correct mere mistakes of reasoning.
REVISION:
Revision is the supervisory power of the High Court under Section 115 CPC.
It applies when a subordinate court has acted illegally or with material irregularity.
It is not an appeal; the High Court does not re-evaluate facts or evidence.
The purpose of revision is to ensure that lower courts stay within the limits of their
jurisdiction.
3. Arrest and Attachment before Judgment?
Ans: ARREST BEFORE JUDGMENT:
Arrest before judgment is a preventive measure to ensure the defendant does not evade the
court’s decree.
It is ordered when the court believes the defendant intends to abscond or obstruct
execution.
The defendant may be asked to furnish security for his appearance.
Arrest is not punishment; it is only to secure the presence of the defendant.
Release may be granted if sufficient security or surety is given.
ATTACHMENT BEFORE JUDGMENT:
Attachment before judgment prevents the defendant from disposing of or hiding
property to defeat the decree.
6. It secures the property so it remains available for execution if the plaintiff wins.
7. The court must be satisfied that the defendant intends to delay or obstruct justice.
8. The attachment order gives temporary control but does not transfer ownership.
9. The defendant may avoid attachment by offering security.
10. If the plaintiff loses, the attachment is lifted and the property is restored.
11. Both arrest and attachment before judgment protect the interests of the plaintiff and
prevent abuse of process.
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