1 what is jurisdiction and its Kinds-Jurisdiction in simple words means the power of courts to hear,

adjudicate, determine and/ or exercise any other judicial power associated with a particular case. In
other words, it is the authority of the court to take cognizance of matters or decide the matters vested
with it. Kinds 1) Territorial/Local jurisdiction, -Government determines the territorial jurisdiction of
courts. 2) Pecuniary jurisdiction, ‘Pecuniary’ means money. So, pecuniary jurisdiction is the power
of the courts to determine matters on the basis of the monetary extent.3) Subject matter jurisdiction,
each court hears and adjudicates different matters. 4) Original and appellate jurisdiction-small
causes/ munsiff courts can hear only original matters.

2 Res judicata S.11 Res means “subject matter” and judicata means “adjudged” or decided and
together it means “a matter adjudged”. In simpler words, the thing has been judged by the court, the
issue before a court has already been decided by another court and between the same parties. Hence,
the court will dismiss the case as it has been decided by another court. Res judicata applies to both
civil and criminal legal systems. No suit which has been directly or indirectly tried in a former suit
can be tried again. [Link] temple V Meenakshi Amma (2009) , State of UP v Nawab Husain
1977

3 What is suit & Various stages: s.26 & O.4 Rule 1 Suit appeal, application term suit not defined in
cpc 1908 civil suit is the institution of the litigation for enforcement of civil right. Stages Plaint,
summons, written statement, framing issues, evidence, judgement, order or decree. Essentials of a
suit parties to the suit, subject matter in dispute, cause of action, relief -damages specific
performance, injection. Temporary, perpetual mandatory injection. Who got decree he is decree
holder, who lost he judgment debtor. He can appeal in next court. Type of suit General,
representative, special suit, interpleader suit.

4. The different parts of plaint O.7 Rule 1 to 9 1) plaint is called letter type which present in court
(name) format of the plaintiff 2) the name of the plaintiff address, defendant name and address. 3) if
any are unsound, minors need statement to that effect, 4) fact of the issues 5) relief which plaintiff
claim 6) court fee 7) verification of pleading. 8) subject matter of the suit is immovable property 9)
when plaintiff sues as representative 10) defendant’s interest and liability to be shown 11) Grounds of
exemption from limitation law. Relief to be specifically stated. 12. Relief founded on separate
grounds. 13) procedure on admitting plaint.

5. Subject to matter in dispute. Based on the nature of subject court will decide public issue-
constitutional, B/w 2 parties’ crime issues magistrate, Agriculture land Revenue, when it come to
civil matter rights or property claimed in civil court.

6. What is plaint state the circumstances when plaint can be reject. Not disclose of cause of action,
when relief claimed undervalued, when file in wrong court, stamp paper insufficient, barred by any
law, when duplicate not submit, rule-9 plaintiff fail to serv summon fee to court, court will give time
and date to full fill the req if not it can be reject. Anif riaz sarfarz V Aizaz Sarfaraz 2009

7. what is caveat petition it is valid 90 days S. 148A, it is a Latin word, when any person can file case
against us on the doubt we can file caveat on the court, when court listen one side party hearing not
listing another, so court may give order against him, in precautionary he can file caveat on court with
mentioning the name of the opponent person name. Rajeev kumar v ravi Ahuja 2019

8. temporary injunction: order 39 an injection is a court order that requires a person to conduct or
refrain from performing an act that is appropriate in terms of justice, and whose absence would be
contrary to good faith and good conscience. The object of the grant of an injunction is to recover a
party’s infringing rights where monetary or compensatory damages are inadequate. It meets natural
justice and fairness concepts. types of injunctions temporary and permanent injunction. Temporary-
injuction is an interim relief aimed at protecting the subject matter in the current state, without the
intervention of intimidation of the defendant. It seeks to shield the plaintiff from being disposed of or
from losing or damaging his property (subject matter), of from any damage to the plaintiff protecting
the rights of an person before the final judgement is passed. When it issue-will the complainant have
a prima facie case. Is the balance of convenience in favor of the complainant. If the injunction is not
issued, should the plaintiff suffer irreparable damage.

9. Doctrine of res subjudice when same case should not go in different court, Res sub-judice
Subjudice in Latin means 'under judgment'. It denotes that a matter or case is being considered by
court or judge. When two or more cases are filed between the same parties on the same subject
matter, the competent court has power to stay proceeding. However, the doctrine of res-subjudice
means stay of suit. This Code provides rules for the civil court in respect of the doctrine of res
subjudice. This rule applies to trial of a suit not the institution thereof.

10. Re view in cpc Section 114 of the Code refers to a review. An application for review may be
submitted in the same court where the decree was issued by an aggrieved party. In order to correct
any errors or mistakes with the decision it has made, this provision allows the court to review its own
decision. While Order 47 of the Code specifies the method for exercising Section 114, the latter is a
substantive right. The following situations allow for the filing of the application for review: 1) A
ruling or order may be appealed in accordance with the law, but no such appeal has been filed. 2)
Certain decrees or orders do not allow for appeal. 3) The Small Causes Court issues a ruling.

11. What is acknowledgement in cpc An acknowledgment must be one from which an absolute
promise to pay can be inferred, or an unconditional promise to pay the specific debt, or that there
must be a conditional promise to pay the debt and evidence that the condition has been performed.
An acknowledgement of a conditioned liability will not give a fresh start so long as the condition
remains unfulfilled. An unqualified admission and an admission qualified by a condition which is
fulfilled stand precisely upon the same footing and both are within Sec. 18.

12. Foreign judgments in cpc The term foreign judgments defined under Section 2 (6) of the code of
civil procedure means the judgment of a foreign court, and Section-13 of the code provides the
criteria with the code for recognition of a foreign judgment and is a pre-condition to any enforcement
proceedings unless a foreign judgment passes the conclusiveness test under Section 13 of the Code of
Civil Procedure Code, it cannot be enforced.

13. Revision in cpc Revision means to go through something carefully, thoroughly, and diligently.
Cases can be revised by the High Court as it possesses revisional jurisdiction as defined
under Section 115 of the Code of Civil Procedure. The High Court has the right to revise cases
decided by subordinate courts to ensure delivery of justice and maintenance of fairness. 1) The
subordinate court has exercised jurisdiction not vested in it by law. 2) The subordinate court has
failed to exercise jurisdiction vested in it by law. 3) The subordinate court exercises its jurisdiction
illegally or with material irregularity or in breach of some provision of the law or by committing
some errors of procedure in the course of the trial which may have affected the ultimate decision.

14. Inherent powers of the court under cpc the inherent powers of court refer to the abilities that the
court possesses, even though they are not explicitly mentioned in the Code of Civil Procedure. While
the Code of Civil Procedure outlines the procedures that Civil Courts must follow when delivering
justice, it cannot cover every possible situation that may arise. Therefore, courts are granted
additional powers to address specific emerging situations or prevent misuse of the legal process.
These inherent powers of court can be exercised as a matter of justice when there are no specific
provisions in the cpc. Durgesh Sharma v. Jayshree (AIR 2009 SC 285), the court emphasised that
inherent powers under CPC should not be used in violation of specific legal provisions.
15. Substituted Service & modes of service of summons [Rule 17, 19-20] There are two modes of
substituted service of summons: 1) Refusal of acknowledgement- Where the defendant or his agent
refuses to sign the acknowledgement. 2) Absence of defendant- Where the serving officer, after due
and reasonable diligence, cannot find the defendant who is absent from his residence at the time of
service of summons and cannot be found within a reasonable time and there is no authorized agent
nor any other person on whom such service can be made.

16. Counter Claim-Part 3 Rule 6A to 6G 1976 amended- early it was fresh suit but let DF can adjust
with old decree amount. a claim made by the defendant in a suit against the plaintiff”. It is an
independent claim, It is separable from the plaintiff’s claim, and It is enforceable by a cross-action in
favour of the defendant, following limitations Counter-claim should not exceed the pecuniary limits
of the jurisdiction. this is due to the reason that the pecuniary jurisdiction cannot be ousted, the power
of the court to try the suit already entertained cannot be taken away by accepting the counter-claim
beyond the pecuniary jurisdiction

17. Joinder- Parties joining several parties order rules 1 Nonjoinder- Parties-Necessary party he
should be there but miss

18. Misjoinder of Parties-Joinder party, 2 or more misjoinders by miss another, perform dependent
when req party miss court. Necessary party- SC say, if necessary, party not joined on time court
won’t give any decrees

19. Essentials of a plaint order vii cpc 1908- 1. Heading & title, 2. the body of the paint, 3. the relief
claimed, 5. Verification. Institution of a suit under Section 26 CPC Institution or a pleader who has
been duly appointed to act in the Court on his behalf, to appoint, within a specified time, an agent
residing within the jurisdiction of the Court to accept service of the procession his behalf.1 ORDER
IV- INSTITUTION OF SUITS. Suit to be commenced by plaint-(1) Every suit shall be instituted by
presenting a plaint to the Court or such officer as it appoints in this behalf. (2) Every plaint shall
comply with the rules contained in Orders VI and VII, so far as they are applicable. 2. Register of
suits- The Court shall cause the particulars of every suit to be entered in a book to be kept for the
purposes and called the resister of civil suits. Such entries shall be

20. Fundamental rules of pleadings when the amendment of pleadings is permissible Order vI of the
CPC 1908 Rule 1 pleading shall mean plaint or written statement. Rule Pleading to sate material facts
and not evidence- 1) every pleading must state the facts and not the law 2) every pleading must state
all the material facts and material facts only SN Balkrishna Vs George Fernandes AIR 1969. 3) every
pleading must state the facts on which the party pleading relies and nit the evidence by which they
are to be proved, Williams V/s Wilcox AIR 1838. 4) every pleading must state the material fact but
with precision and certainty.

21. what is affidavit an affidavit is a written statement in which the signer or "affiant" verifies that the
document is true. They differ from sworn oaths only in that the relevant parties must sign them
instead of swearing them out loud. The person swearing to this written statement is called the affiant.

22. what is cost types of costs awarded in civil cases: Section 35: Section 35 of the Code of Civil
Procedure contains the provision as to costs. The cost of an incident to all suits are in the discretion of
the Court and the court shall have full power to determine by order out of what property and what
extent such costs are to be paid. All necessary direction for these purposes will be given by the court.
Where the Court directs the costs are not to follow the events the court shall give it in writing.
Section 35-A: Section 35-A deals with compensatory costs in respect of false and vexatious claims
and defence. If in any suit or proceedings, any party objects to the claim or defence on the ground
that the claim or defence on any part of it, as against the objector, is false or vexatious and if
thereafter as against the objector
23. Rule 8. General Rules of Pleading- Rules of Pleadings-The four words which can crisply
summarise the rule of pleading is ‘Plead facts not law’. The counsel of both the parties should only
project the facts in their respective case rather than suggesting on the laws applicable in the particular
case. To gain a crystal clear understanding of the same, the rules can be studied in two parts that is: 1)
Basic or Fundamental Rules- are discussed in the sub-rule (1) of Rule 2 of Order VI of the Code of
Civil Procedure, 1908. - Facts should be pleaded upon and not the law- Material facts should be
pleaded- Evidence should not be included while pleading- Facts in concise manner should be
presented -Particulars or other rules 1) Particulars with dates and items should be stated wherever
fraud, misrepresentation, breach of trust, undue influence or wilful default are pleaded in the
pleadings. 2) Generally departure from pleading is not permissible, and except by way of
amendment, no party can raise any ground of claim or contain any allegation of fact inconsistent with
his previous pleadings. 3) Non-performance of a condition precedent should be specifically
mentioned in the pleadings. Performance of the same shall not form a part of the pleadings since it is
already implied. 4) If the opposite party denies a contract, it will be held as denial of the facts of the
contract and not its validity, enforceability and legality.

24. written statement: Order 8 Rule 10 CPC -The Code of Civil Procedure does not give a definition
of a ‘written statement’. In general terms, it can be defined as the statement of defence in writing,
filed by the defendant, and it deals with every material fact alleged by the plaintiff in the plaint.
Pleading of new facts-Denial of facts-Who can file a written statement-When should a written
statement be filed-Consequences of not filing a written statement.

25. Difference b/w Judgment, Order & decree Court Judgements Order passed to regulate court
proceedings. Judgement- issues with answers & reasons. Decree-Description about rights of the
parties Judgement, A formal decision made by a court of law, In light of the evidence presented and
the applicable laws, A judge or a bench of judges makes the decision, A final and binding decision for
all parties, A higher court can hear the appeal Decree A formal order issued by a court of law, In
accordance with the agreement of the parties, Judged or judicially endorsed, Final and binding on the
parties involved, It is usually not appealable

26. what is expert decree state the remedies available to the person against whom such decree is
passed. Under Order 9, Rule 6(1)(a) When the suit is called out for hearing and the plaintiff appears
and the defendant does not appear and summons is duly served, the court may proceed ex parte
against him and can pass a decree called ‘ex parte’ decree. Remedies against ex parte decree: -
1) Application to set aside the ex parte decree (Order 9 Rule 13) 2) An appeal against such decree;
section 96(2) (or to file a revision under section 115 where no appeal lies; 3) Apply for review under
Order 47 Rule 1; or 4) File a suit on the ground of fraud. Bhanu Kumar Jain V. Archana Kumar,
(2005) 1SCC 787 it was held that the above-mentioned remedies.

27. Adjournment meaning & Inter-pleader suit: Court proceedings postponement, present procedure
later date, a) reason-fair trail, time to collective evidence. Req legal represent, witness not present b)
harmful effect of adjournment- delayed justice, pendency of cases, abuse of law, loss of public trust
c) laws to prevent adjorn- reduce the no adjorn, XVII cpc cases. Inter-pleader suit: part IV S.88 cpc
1908 Possessor, subject possession court – interested parties, Plaintiff - - Is holding some debts, sum
of money or other movable or immovable property- He is not claiming any interest Defendants - Two
or more persons Claiming adversely for the same debts, sum of money or other movable or
immovable property to one another From the Plaintiff Right of Plaintiff - Institute a suit of
interpleader against all the claimants for the purpose of obtaining a decision. As to the person to
whom the payment or delivery shall be made and Obtaining indemnity for himself To collect the
Charges & Costs Duty of Plaintiff - - Pay or deliver it to the rightful claimant such other person.
28. Difference between decree and order: The court of law explaining the rights of the parties
concerned judgment the suit, is called decree. The legal announcement of the judgement taken by the
court, defining the relationship of the parties, in the proceedings, is called an order. 1) A decree is
given in a suit initiated by the presentation of a plaint. On the contrary, an order is given in a suit
initiated by the presentation of the plaint, application or petition. 2) A decree is concerned with the
substantive legal rights of the contesting parties, whereas the order takes into account the procedural
rights of the parties concerned. 3) While a decree is defined under section 2 (2) of the Code of Civil
Procedure Act, 1908 order is defined under section 2 (14) of the Act. 4) In a decree, the rights of the
plaint and defendant are clearly ascertained. As against this, in case of an order, may or may not
clearly ascertains the rights of the plaint and defendant. 5) There can be many orders in a suit, while
there is only one decree in a suit. 6) A decree can be preliminary, final or partly preliminary and
partly final, whereas an order is always final. 7) A decree is usually appealable, except when it is
specifically barred by law. Conversely, an order is appealable and non-appealable.

29. Explain the provisions of Civil Procedure Code relating to the discovery inspection and
production of documents Order 11 in a suit party entitled to know beforehand all material facts of the
case of the opponent & documents in his possession. No right to know the evidence of his opponent
beforehand because an unscrupulous party may create evidence so as to defeat the ends of justice.
Discovery-compel the opposite party to ask to disclose that he has in his possession or power, party
may require information from his adversary of facts or documents it may discovery of facts. Or
Discovery of documents. Sets of facts-facta probanda-facts which constitutes a parties case facta
probantia-facts by which such case is to be proved. Ways to seek admissions- (1) Discovery and
inspection order 11(2) admissions order 12, (3) production impounding and return of documents
order-13 (4) affidavits order 19. Discovery of facts-interrogatories (a) Interrogatories-a series of
question put to the adversary to seek information as to facts required the party (b)Judge-goes
through it and if considers proper he will comple the other side to answer them on oath before trial.
This is called discovery of facts. Discovery of documents. Documents in possession of opponent,
Application for an order compelling the other party to make a list of relevant documents in his
possession or power, permission to inspect and take copies of those documents.

30. Modes of execution. s-51 & Order 21 Delivery of any property which is specifically mentioned in
the decree; Attachment and sale of property; Sale without an attachment of property; The arrest of the
judgment debtor; Detention of the judgment debtor; Appointment of a receiver. In such other manner
as the nature of the relief may require, Different types of Decrees include Preliminary Decree, Final
Decree, Partly Preliminary and Partly final, Consent Decree, Ex-parte Decree, Decree passed in
appeal, Decree on a compromise petition, and Conditional Decree – Decree with inbuilt conditions
forming part of the Decree.

31. Indigent Person who is not able tom pay court fee, not keep advocate also, he is not having
property worth Rs 1000, Besides his wearing apparel & subject matter of the suit. Object of rule 33 to
enable the person who are too poor to bring and prosecute suit, thereby getting justice, Procedure to
sue by Pauper: 1. plaintiff person shall make an application to court in writing. [Link] the
application of any movable & immovable property he has with there values [Link] shall signed &
verified as manner prescribed by indigent person. [Link] court allow an opportunity to defendants to
prove that plaintiff is not an indigent person. If accepted no fee reg no will give, if reject not fill
details, not signed verify, other person interest, not actually, indigent person, no suit no need to
decide indigence.

32. Court Appoint Receiver- & powers & duty Order -40 Under order 40 of CPC, The Receiver is an
independent and impartial person who is appointed by the court to administer/manage, that is, to
protect and preserve a disputed property involved in a suit. Trail court can appoint such receiver
s.51(d) it is within the discretionary power of the court to appoint the receiver. POWERS & DUTIES
OF RECEIVER Under order 40 rule 1(d) powers of the receiver 1) Collection of rents and profits
arising out of the property. 2) Application and disposal of such rents and profits. 3) Execution of
documents as the owner himself. 4) To institute and defend the suit. 5) Such powers as the court may
deem fit.

33. Limitation and Prescription- limitation extinguishes remedy but not right & Object Law of
limitation is an adjective or procedural law. It neither creates nor extinguishes any right. On the
expiry of period of limitation, the remedy is barred but the right subsists whereas law of prescription
prescribes the period at the expiry of which not only the judicial remedy is barred but a substantive
right is extinguished by one & acquired by another. It is therefore said that law of limitation is a
species of prescription or an imperfect prescription. Prescription is acquisition of title by possession
of property for the prescribed period provided that possession was neither forcible nor hidden nor
permissive. S. 27 is extinctive prescription where S. 25 is acquisitive prescription. Where prescription
bars the remedy & extinguishes the right of holder, it is known as extinctive prescription. Where
prescription not only bars the remedy & extinguishes the right but also in addition, transfers the right
of the original holder to the opposing claimant, the claimant acquires a title against the whole world.
This is known as acquisitive prescription. Limitation Bars Remedy but doesn't Extinguish Right
However, the original right on which the suit was to base is not barred. Thus, limitation only bars the
judicial remedy, but it does not extinguish the right. For example, where the recovery of a debt has
become time barred by the lapse of the prescribed period, the right to the debt is not extinguished. If
the debtor, without being aware of the bar of time, pays the debt, he cannot sue the creditor to refund
the money to him on the grounds that his claims for the recovery of the debt had become time barred.
Object of the Act The Law of limitation prescribes a time period within which a right can be enforced
in a Court of Law. The time period for various suits has been provided under the schedule of the Act.
The main purpose of this Act is to prevent litigation from being dragged for a long time and to
quickly dispose of cases which leads to effective and easy litigation and disposal of cases.

34. Difference between limitation and estoppel -It is not necessary to avail defence of limitation that
there should have been any acts or representation done or made by other party. Estoppel on the other
hand arises by reason of some act, statement or omission intentionally made by a party.

35. provisions in respect of condonation of delay-Section 5 of the Limitation Act, 1963 provides for
condonation of delay. According to this provision, if any party has sufficient reason for not being able
to file their application within the restricted time period, courts can consider the party's request if the
provided reasons satisfy them 1) Any suit relating to accounts, contracts, and movable properties has
a time limit of 3 years. 2) Any immovable property-related suit has a time span of 12 years, and cases
related to mortgaged properties have a time restriction of 30 years. 3) A tort suit will have a time span
of 1 year. However, the compensation cases come with a time restriction of 3 years. Additionally,
offences involving the Crpc and cpc have a time limit of 30-90 days.

36. salient features of limitation act-1963-The Limitation Act contains 32 Sections and 137 Articles.
1) Prescribed time limits, for instance, Calculation of limitation period, Extension of limitation
period, Effect of limitation, Application of the Act to appeals and applications, For instance,
Computation of time, Ignorance of law,
Adverse possession,

37. Once a period of limitation begun to run no subsequent disability of inability to institute a suit
stops it. Continuous running of time. -Where once time has begun to run, no subsequent disability or
inability to institute a suit or make an application stop it: Provided that, where letters of
administration to the estate of a creditor have beed granted to his debtor, the running of the period of
limitation for a suit to recover the debt shall be suspended while the administration continues.
Introduction. This section altogether corresponds to Section 9 of the repealed Act IX of 1908. The
rule of this section is based upon this English dictum: "Time when once it has commenced to run in
any case will not cease to do so by reason of any subsequent event. Generally, when any of the statute
of limitation has begun to run, no subsequent disability or inability will stop this running. (Bonning
on Limitation). Scope. The scope of the proposition of law set forth in this section is limited to suits
and applications only and does not apply to appeals. Application in execution also comes within the
scope of this section.

38. state the general rules as to calculation or period of limitation. Period of limitation' is the amount
of time between the filing of a suit, appeal, or application after an order has been passed, by the
Schedule, and 'prescribed period' means the period of limitation calculated in line with the
specifications of this Act, as observed in Section 2 (j) of The Limitation Act, 1963.

[Link] and Features of the Limitation Act The Law of Limitation refers to precluding certain
legal conduct from being brought against a displeased existent after the last deadline for filing a suit
and seeking a remedy or requital before a court. It can be applied to any action filed after the
enactment of limitations has expired. The primary and essential thing of the legislation of limitation
is to cover the protracted process of laterally penalizing a person who has not committed any
wrongdoing. Any appeal filed after the date of limitation has passed, will be completely disregarded
despite the opposing party not claiming limitation as a defense. But there are some exceptions that
accept valid reasons such as if the court was closed on the expiry date of the application if the litigant
can give proof of his circumstances. The act does not apply against a defendant from raising a
legitimate appeal against the order passed previously as observed in the case of Rullia Ram Hakim
Rai v. Fateh Singh [AIR 1962 P H 256]. The limitation code restricts only action and its recovery is
the only time-barred element, it does not seek to restrain defense just like a debtor is not barred from
fulfilling his debt even after the deadline has passed. The statute limits the plaintiff’s actions in the
court to enforce his rights but does not restrict the respondent’s right to defense as clearly held in the
case of Shrimant Shamarao Suryavanshi v. Pralhad Bhairoba Suryavanshi [Appeal (civil) 2706 of
1991].

40. what is appeals concept of ‘appeal’ is not explicitly defined ‘appeal’ is the formal complaint made
to a higher court to rectify an injustice or error committed by a lower court. Essentials of Appeals
Right to Appeal The right to appeal is both statutory and substantive. One Right to Appeal in CPC
There is usually one right to appeal, as stated in Section 96 of the CPC. Exceptions to this single right
of appeal are outlined in Sections 97, 98, and 102 of the CPC, No Right to Appeal under CPC, Who
Can Appeal

41. Discuss the effects of fraud or mistake on the period of limitation 17.1. Section. -Effect of fraud
or mistake on limitation. - In general, a person's ignorance of his right to sue does not suspend the
running of limitation. Where a judgment debtor has, by fraud or force, prevented the execution of a
decree or order within the period of limitation, on the ground of fraud. Where a judgment debtor has,
by fraud or force, prevented the execution of a decree or order within the period of limitation, the
court may, on the judgment creditor's application made after the expiry of the period prescribed for
execution, extend the period, if the application is made within one year from the date of discovery of
fraud or the cessation of the force, as the case may be. Incidentally, this provision takes in not only
fra.-a circumstance that affects knowledge, but also for.-a circumstance that affects the
0000000exercise of the right, and not its knowledge. Rolfe v. Gregory, (1864) 4 De GJ&S 576 (579)
(Lord Westbury)

42. Appearances & Non-Appearances pf parties in suit 1. The appearance of both parties Rule 1 of
Order IX 2) Non-appearance of both parties Rule 3 of Order IX. Dismissal suit 3) Appearance of the
plaintiff-he prove summon was served, get decree. Sangram Singh v. Election Tribunal.4)
Appearance of defendant rule 7-11 of Order IX. Shamdasani v. Central Bank of India. 5) Do the same
provision applies to the non-appearance of the plaintiff due to death? court has no power to dismiss
the suit. Even if such order is passed it will amount to a nullity as held in the case of P.M.M.
Pillayathiri Amma v. K. Lakshi Amma. 6) When summon is not served Rule 2 to 5 of Order IX 2nd
sum server if not 3rd sum
43. What is Decree- Essential, Types Decree A decree as defined under Section 2(2) of Civil
Procedure Code, is a formal expression which determines the interest of both the parties in a
conclusive manner, Illustration: In a suit between A and B wherein A claims that a particular property
‘P’ belongs him while B claims that the said property belongs to him. After hearing all the arguments,
the court will rule in the favor of either A or B. The final decision of the court regarding the above
claim i.e. whether the property belongs to A or B is a decree Essential elements of a Decree: 1.
Formal expression: 2. Adjudication: 3. Suit: 4. Rights of the parties: 5. Conclusive Determination:
The decision must be one which is complete and final as regards the court which passed it. This
means that the court will not entertain any argument to change the decision i.e. as far as the court is
concerned; the matter in issue stands resolved. Types of Decree the Civil procedure code recognises
three kinds of decrees a) Preliminary decree b) Final decree c) Partially preliminary and partially
final decree.

[Link] in suit: & Objects Mean a point in question an imp sub of debate, discussion argument or
litigation. in the suit. Issues be Framed Rule no.1, (1) Issues arise when a material proposition of fact
one party and denied by the other. (2) Material propositions a plaintiff must allege in order to show a
right to sue (3) Each material proposition affirmed by one party and denied by the other shall form
the subject of distinct issue. (4) Issues are of two kinds: (a) issues of fact, (5) At the first hearing of
the suit the Court shall, after reading the plaint and the written statements if any, and after
examination under rule 2 of Order X and after hearing the parties or their pleaders, ascertain upon
what material propositions of fact or of law the parties are at variance, and shall thereupon proceed to
frame and record the issues on which the right decision of the case appears to depend. (6) Nothing is
this rule requires the Court to frame and record issued where the defendant at the first hearing of the
suit makes no defense. Object of farming Issues the primary object of farming issues in a suit is to
ascertain the controversy.

45. ADMISSIONS is substantive evidence Actual admission is oral or by documents electronic form
Bharat sing and anr vs Bhagirathi, Rule1: Notice of admi of case any party to a suit may give notice.
Rule: 2 Admi of the documents means an admi of the facts contained in the documents.

46. Under what circumstances a reference can be made to high court: Meaning of reference:
Reference is mentioned under sec113 of CPC. Where the subordinate court refers the case involving
the question of law to the High court for the opinion on that matter, reference is made to the High
court when it has reasonable doubt during any suit, appeal, execution proceeding etc. Reference
means referring a case to High court on a question of law. Sec113 of civil procedure code-Sec113
empowers a subordinate court to state a case and refer the same to the High court for its opinion.
Such opinion can be seeked when the subordinate court has a doubt on a question of law. so a
reference can be made on a question of law only when the judge trying the case has a reasonable 3
doubt about it. Conditions for Reference: Order 46 Rule 1 requires the following condition for a
subordinate court to make a reference: Suit or appeal must be pending in which the decree is not
subject to appeal or a pending proceeding in execution of such decree. There must arise a question of
law in such suit, appeal or proceeding. The court trying the suit or appeal or executing the decree
must have a reasonable doubt on such question.

47. Arrest before judgement cpc: Section 95 of the CPC states that in a suit where the arrest of
defendant is made before passing of judgment and it is found that the arrest was made on insufficient
grounds or in case when the suit of the plaintiff fails and it is found that there was no reasonable
ground for filing it, then on the application of the defendant the plaintiff can be asked to compensate
him, Rule 1 of Order 38 specifies the grounds on which this can be done that are: 1) At any stage in a
suit or a proceeding if the court is satisfied that the defendant is trying to avoid the execution of
decree or is trying to delay the process or is trying to avoid any process of court, then the court has
the right to arrest the defendant before judgment. 2) That the defendant is trying to leave India, so
that the plaintiff will be delayed in execution of the decree or obstructed in execution of the decree,
the court can order for issue of warrant against the plaintiff.
48. provisions pertaining to place of suits under cpc: The “place of suing” concept pertains to the
trial’s location and is addressed in sections 15-21 of the CPC (Code of Civil Procedure). Each Court
possesses its specific jurisdiction based on monetary and geographical factors. As per Section 15 of
the CPC, the lawsuit should be initiated at the Court with the lowest grade empowered to handle it.
Provisions for Place of Suing under CPC- The place of suing in CPC is discussed under Sections 15
to 20. Section 15 pertains explicitly to the pecuniary jurisdiction of the Court. Sections 16 to 18
address suits concerning immovable property, Section 19 covers suits related to compensation for
wrongs and movable property, and Section 20 deals with suits concerning other matters. Section 15:
Place of Suing Based on Pecuniary Basis Section 15 of Code of Civil Procedure 1908- “Court in
which suits to be instituted”-“Every suit shall be instituted in the Court of the lowest grade competent
to try it”

49. what are the rules regarding institution of suits: Introduction- A suit is a proceeding by which an
individual pursues that remedy which the law affords. It is a civil proceeding instituted by
the presentation of a plaint. Essentials of a Suit- In every suit there must be at least one plaintiff and
one defendant. There may be more than one plaintiff and more than one defendant where an act or
transaction proceeds from two or more persons or it affects two or more persons. The Cause of
Action: Every suit must contain the cause of action which refers to the cause or the set of
circumstances which leads up to a suit. The Subject Matter: It is the right or property claimed in the
suit. The court adjudicates upon the right of the parties with regard to the subject matter in a dispute.
The Relief Claimed: The relief claimed should be stated specifically in the plaint. It may be stated in
the alternative also. Institution of a Suit-Section 26 and Order IV of CPC provides for the Institution
of suit. Section 26 of CPC states that - Every suit shall be instituted by the presentation of a plaint or
in such other manner as may be prescribed. In every plaint, facts shall be proved by affidavit
Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of Rule
15A of CPC.

50. Rules regarding suits by or against minds and unsound persons: A legal system that bases itself in
justice, equity and good conscience must have provisions to ensure that fair justice is meted out to all
sections of citizens that come before it. Naturally, since all citizens are not equally placed, special
provisions need to be made for some to ensure protection of their rights. Minors and Persons of
Unsound Mind are persons that can be easily exploited due to their mental incapacity, anticipating
that they might be cheated, ill-treated or trapped in a fraudulent device, there are several provisions to
ensure their protection. Introduction: Order XXXII of the Code of Civil Procedure, 1908 deals with
SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND. Order XXXII
contains special provisions applicable only in cases where either the suit is: 1) To be instituted at the
cause of a minor/person of unsound mind 2) To be instituted against a minor/person of unsound
mind, Ram Chandra v. Man Singh, Rules 1 - 14 of Order XXXII apply not only to minors and
persons, adjudged to be of unsound mind, but also, those, who are found to be, by a Court upon
inquiry to be incapable, by reason of any mental infirmity, of protecting their interest when suing or
being sued.

51. what are the procedures for filing the suit by or against government or public officer? Suits by or
against the government or public officials in their official capacity is a type of special cases in the
code of civil procedure. Such suits are of a special type because the procedures which are needed to
be followed in the institution of the plaint are different from the procedures which are to be followed
in the civil suits which consists of private parties. For filing a suit against the government or public
official, the plaintiff needs to first serve a legal notice to the public officer or to the Secretary to the
Government. After the service, the plaintiff needs to wait or two months to file the plaint in the Court.
A lot of formalities and procedures are needed to be taken care of to file the suit. However in certain
situations, the Court may grant an exception, but it depends upon the facts and circumstances of the
case. Analysis of the Provisions of Law-Sections 79-82 and Order 27 of the Code of Civil Procedure,
1908[1], deal with the procedure which needs to be followed in the process of filing of a suit against
the government or public officials. Code of civil procedures prescribes only the procedures. The
rights and liabilities of the parties are dealt by the Constitution of India, 1950. State of Madras v. C.P.
Agency, Bihari Chowdhary v. State of Bihar

52. Transfer of suits cpc Specific provisions of the CPC: Certain provisions of the CPC specifically
provide for the transfer of cases under particular circumstances. For instance, Section 22 of the CPC
allows a defendant to apply for the transfer of a suit to another court if the suit can be instituted in
any one of two or more courts. Procedure for Transfer- Application for transfer: - Notice to parties: -
Hearing:- Decision: - Appeal against Transfer Order- Role of the Lawyer- Conclusion, The transfer of
civil cases is a complex legal process governed by specific provisions of the CPC.