CPC- One liners from Whole act.

General Provisions:

1. What is the objective of the Civil Procedure Code?

To consolidate and amend the laws relating to the procedure of civil courts.

2. Define "plaint."
A plaint is a formal written complaint filed by the plaintiff to initiate a civil suit.

3. What is a "written statement"?

A written statement is the defendant's reply to the plaint, addressing the claims made by the
plaintiff.

4. What is a "summons"?
A summons is a legal notice issued by the court to inform a party to appear in the case.

5. Define "jurisdiction."
Jurisdiction refers to the authority of a court to hear and decide a case.

6. What is "place of suing"?

The place of suing is the geographical area where the suit must be filed based on the nature of the
dispute.

7. What is meant by "res judicata"?

Res judicata means that a matter already judged cannot be re-litigated between the same parties.

8. What is "constructive res judicata"?

Constructive res judicata prevents a party from raising issues in future litigation that could have
been raised earlier.

9. What is a "foreign judgment"?

A foreign judgment is a decision rendered by a court outside of India.

10. Define "mesne profits."

Mesne profits are the profits a person wrongfully in possession of property has earned.

11. What is an "ex parte decree"?

An ex parte decree is passed in favor of the plaintiff when the defendant does not appear in court.

12. Define "interlocutory orders."

Interlocutory orders are temporary orders passed by the court during the pendency of a suit.

13. What is "stay of suit" under CPC?

Stay of suit refers to the temporary suspension of court proceedings.

14. What is meant by "set-off"?

Set-off is a claim made by the defendant to counterbalance the plaintiff's claim.

15. Define "counterclaim."

A counterclaim is a claim made by the defendant against the plaintiff in response to the original
claim.

16. What is meant by "legal representative" under CPC?

A legal representative is a person who represents the estate of a deceased party in a suit.

17. What is the meaning of "suit of a civil nature"?

A suit of a civil nature involves the determination of civil rights and obligations.

Orders and Decrees:

18. What is a "decree"?

A decree is a formal expression of a court's decision on the rights of parties in a suit.

19. What is an "order" under CPC?

An order is the decision of a court which does not amount to a decree.

20. Define "final decree."

A final decree conclusively determines the rights of the parties in a suit.

21. What is meant by "preliminary decree"?

A preliminary decree decides the rights of the parties, but further proceedings are needed for a final
decision.

22. What is an "appealable order"?

An appealable order is an order that can be challenged in a higher court.
23. Define "decree-holder."
A decree-holder is a person in whose favor a decree has been passed.

24. What is "execution" in CPC?

Execution refers to the process of enforcing or giving effect to a decree or order.

25. What is "execution of a decree"?

Execution of a decree is the process by which the court enforces compliance with its judgment.

26. What is a "garnishee order"?

A garnishee order directs a third party to pay the debt owed by the judgment debtor to the decree-
holder.

Parties and Proceedings:

27. What is meant by "joinder of parties"?

Joinder of parties refers to including multiple parties in the same suit.

28. Define "necessary parties."

Necessary parties are those without whom no effective decree can be passed.

29. What is "joinder of causes of action"?

Joinder of causes of action allows multiple claims to be combined in a single suit.

30. What is "substitution of parties"?

Substitution of parties occurs when one party is replaced by another due to death, insolvency, etc.

31. Define "striking out parties."

Striking out parties refers to the removal of parties improperly joined in a suit.

32. What is a "pleading" under CPC?

A pleading is a formal statement of the claims or defenses of parties in a suit.

33. What is "amendment of pleadings"?

Amendment of pleadings refers to changes made to a party's claims or defenses during a suit.
Summons and Service:

34. What is the meaning of "service of summons"?

Service of summons means delivering a court notice to a party to inform them about the case.

35. What is "substituted service"?

Substituted service is an alternative method of serving summons when personal service is not
possible.

36. What is the consequence of non-service of summons?

The suit may be adjourned or dismissed if summons are not served.

37. What is meant by "personal service" of summons?

Personal service is when summons are directly delivered to the defendant.

Stay, Injunctions, and Orders:

38. Define "temporary injunction."

A temporary injunction is a court order restraining a party from certain acts during a trial.

39. What is a "permanent injunction"?

A permanent injunction is a final court order preventing a party from an act indefinitely.

40. What is the difference between "stay order" and "injunction"?

A stay order suspends proceedings, while an injunction restrains a party from specific acts.

41. What is "attachment before judgment"?

Attachment before judgment is the court's authority to seize property of a defendant to ensure
satisfaction of a decree.

42. What is a "stay of execution"?

A stay of execution temporarily halts the enforcement of a decree.

43. Define "ad interim injunction."

An ad interim injunction is a temporary injunction granted until further orders from the court.
Appeals and Reviews:

44. What is an "appeal" under CPC?

An appeal is a request to a higher court to review and change the decision of a lower court.

45. What is the difference between an "appeal" and "revision"?

An appeal is a request for review of a decision on merits, while revision addresses jurisdictional
errors.

46. What is meant by "review"?

A review is a re-examination of a court's decision based on the discovery of new facts or an error.

47. What is "reference" under CPC?

Reference is when a lower court seeks guidance from a higher court on a question of law.

48. What is a "second appeal"?

A second appeal can be filed in a high court on a substantial question of law after the first appeal.

49. Define "remand" in the context of appeals.

Remand is when an appellate court sends a case back to the lower court for reconsideration.

50. What is the period of limitation for an appeal?

The period of limitation varies based on the nature of the suit and the court, but generally ranges
from 30 to 90 days.

51. What is the meaning of "inherent powers of the court" under Section 151 CPC?
Inherent powers allow the court to act in the interest of justice where no specific provision applies.

Commissions and Special Provisions:

52. What is the purpose of a "commission" under CPC?

A commission is appointed to gather evidence or carry out investigations during a trial.

53. What is "local investigation" under CPC?

Local investigation involves a commission visiting a place to gather facts relevant to the case.
54. What is "appointment of receiver"?
Appointment of a receiver is a temporary measure where the court appoints a neutral party to
manage property in dispute.

55. What is a "commission to examine witnesses"?

A commission to examine witnesses allows the court to record testimony of witnesses unable to
attend court.

56. Define "civil contempt" under CPC.

Civil contempt refers to willful disobedience of a court order or judgment.

57. What is "public nuisance" in CPC?

Public nuisance refers to an act that affects the public or a large section of society.

Restitution and Interim Orders:

58. What is "restitution" under CPC?

Restitution means restoring the parties to their original position if a decree is reversed.

59. What is the concept of "interim relief"?

Interim relief is temporary relief granted to protect a party's rights pending final judgment.

60. What is meant by "attachment of property"?

Attachment of property is the court's seizure of property to enforce a judgment.

61. Define "temporary receivership."

Temporary receivership is when a receiver is appointed to manage property for a limited time.

62. What is meant by "restoration of suit"?

Restoration of a suit refers to reviving a suit that was dismissed for default of appearance or non-
prosecution.

Limitation and Costs:

63. What is the time limit for filing a suit under CPC?
The time limit depends on the type of suit and is governed by the Limitation Act, 1963.
64. What is "costs" under CPC?
Costs refer to the expenses incurred in litigation, which the losing party may be ordered to pay.

65. Define "compensatory costs."

Compensatory costs are awarded to a party when the other party has filed a frivolous or vexatious
suit.

66. What is "adjournment" under CPC?

Adjournment refers to postponing the hearing of a case to another date.

Caveats and Miscellaneous:

67. What is a "caveat" under CPC?

A caveat is a precautionary notice filed by a person to prevent an ex parte order being passed
without hearing them.

68. What is meant by "framing of issues" in a suit?

Framing of issues refers to identifying the points of dispute between the parties that need to be
resolved by the court.

69. Define "lis pendens."

Lis pendens means that any transfer of property during the pendency of a suit is subject to the
outcome of the case.

70. What is "abatement of suit"?

Abatement of suit refers to the termination of the suit due to the death of a party or other reasons.

71. What is "withdrawal of suit"?

Withdrawal of suit occurs when the plaintiff voluntarily terminates the case before a final decision is
made.

72. What is the difference between "withdrawal" and "dismissal" of a suit?

Withdrawal is voluntary termination by the plaintiff, while dismissal is termination by the court,
often due to non-compliance or lack of merit.

73. Define "sub judice."

Sub judice refers to a matter that is under judicial consideration and cannot be discussed publicly or
litigated in another court.
74. What is a "temporary stay"?
A temporary stay is an order that halts proceedings or actions for a limited time.

75. What is a "summons case"?

A summons case is a case in which the offense is punishable with a sentence of less than two years.

76. What is meant by "miscellaneous proceedings"?

Miscellaneous proceedings are legal proceedings that do not form part of the main suit, such as
interlocutory applications.

77. What is the purpose of an "inquiry" in CPC?

An inquiry is a formal investigation by the court into disputed facts in a case.

78. What is meant by "territorial jurisdiction"?

Territorial jurisdiction refers to the geographical area within which a court has the authority to
adjudicate cases.

Provisions Related to Suits:

79. What is meant by "rejection of plaint" under Order 7 Rule 11?

A plaint is rejected if it does not disclose a cause of action, is barred by law, or does not meet the
formal requirements.

80. What is "institution of suit" under CPC?

Institution of a suit refers to the formal filing of a plaint in court to commence a civil action.

81. What is meant by "special case"?

A special case is one in which the parties agree on the facts and seek the court's ruling on a point of
law.

82. What is meant by "retrial" under CPC?

Retrial occurs when an appellate court sends a case back for a fresh trial due to errors in the original
trial.

83. Define "interpleader suit."

An interpleader suit is filed when multiple parties claim the same property or money, and the holder
seeks the court’s decision on who is entitled to it.

84. What is the purpose of a "representative suit" under CPC?

A representative suit allows one or more persons to sue or defend on behalf of a larger group with
the same interest.

85. What is "abatement of proceedings"?

Abatement of proceedings refers to the suspension or termination of legal proceedings due to a
legal or procedural reason.

86. What is the rule regarding "compromise of suits"?

Parties can settle a dispute amicably through compromise, and the court can pass a decree in terms
of the compromise.

87. What is the meaning of "transposition of parties"?

Transposition of parties occurs when the position of parties in a suit is changed, such as when a
defendant is made a plaintiff or vice versa.