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CPC, 1908# MEMORABLE POINTS

February 18, 2020

CPC, 1908

1 Who is considered to be the father of the CPC, 1908 for his contribution in draft CPC— Sir Earle Richards
2 Which entry of the Constitution of India empowers the Legislatures (Union as well as the State) to enact on the matter relating to the Civil Procedure Code, limitation and arbitration—Entry No.13 of the Concurrent List
3 The preamble/ purpose of the CPC, 1908 is to—consolidate and amend the law relating to the procedure of the Courts of Civil Judicature.
4 The CPC consists of how many Sections—Total 158 sections arranged into 11 Parts.
5 Originally, how many Schedules were in the CPC—5 Schedules.
6 Currently, CPC is having how many Schedules?—One Schedule
7 The CPC consists of how many Orders—Total 51 orders contained in 1st Schedule
8 The CPC was enacted (i.e. received the assent of the Governor-General) on which date? –21st March, 1908
9 The CPC came into force on which date? – 1st January 1909
10 The CPC extends to? – The whole of India except— (a) the State of Jammu and Kashmir; (b) the State of Nagaland and the tribal areas.
11 Section 2(2) defines—Decree
12 Section 2(14) defines—Order
13 Section 2(3) defines—Decree Holder (DH)
14 Section 2(10) defines—Judgment Debtor (JD)
15 Section 2(8) defines—Judge
16 Under CPC the term “Judge” means the presiding officer of a— Civil Court
17 Section 2(9) defines—Judgment
18 Section 2(11) defines—Legal Representatives (LR)
19 Section 2(12) defines—Mesne Profits (MP)
20 In computation of Mesne Profits maximum rate of interest to be allowed is— 6% per annum
21 Formal expression of any decision of a Civil Court which is not a decree is called—Order [Section 2(14)]
22 What is Section 3?—Subordination of court
23 What is Section 6?—Pecuniary jurisdiction
24 For the purposes of this Code, the District Court is subordinate to which Court?—The High Court (Section 3)
25 For the purposes of this Code every Civil Court of a grade inferior to that of a District Court is subordinate to which Court?—the High Court and District Court (Section 3)
26 For the purposes of this Code every Court of Small Causes is subordinate to which Court?—the High Court and District Court (Section 3)
27 True/ False: Nothing in the CPC shall be deemed to limit or otherwise affect any remedy which a landholder or landlord may have under any law for the time being in force for the recovery of rent of agricultural land from the produce of such land—True (Section 4)
28 Courts to try all civil suits unless expressly or impliedly barred under Section—Section 9
29 The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. It is so provided under which Section of CPC?—Section 9
30 Res Sub-Judice is incorporated under Section—Section 10
31 No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties. It is so provided under Section—Section 10 (Res Sub-judice)
32 True/ False: The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit founded on the same cause of action—True  (Section 10 Exp.)
33 The doctrine of Res Judicata is incorporated under Section—Section 11
34 No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties that has been heard and finally decided by such Court—Section 11.
35 Every suit shall be instituted in the Court of the lowest grade competent to try it. It is so provided under Section—Section 15
36 Section on “different Jurisdiction”?—Section 17
37 Section on “uncertain Jurisdiction”?—Section 18
38 The Court may impose penalty to compel the attendance of any person—Section 32
39 What is Section 33—Pronouncment of judgment and decree
40 Section 38?— Court by which decree may be executed
41 Which Section mandates that a decree may be executed either by the Court which passed it, or by the Court to which it is sent for execution—Section 38
42 Section 46 relates to—Precept
43 A precept issued under Section 46 shall not continue for more than—two months unless extended [Section 46]
44 Which Section of CPC provides that where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execute the same against the legal representative of the deceased ?—Section 50
45 What is Section 53? –Liability of ancestral property under Hindu law
46 Section 79?— Suits by or against Government
47 As per Section_____a prior notice is must to file suit against the Government or the Public Officials—Section 80
48 ____Months prior notice is must to file suit against the Government or the Public Officials—Two months
49 Execution of decree shall not be issued on any decree passed against the Government of Public Officials unless it remains unsatisfied for the period of ______months computed from the date of such decree—Three months.
50 Which Section of the CPC mandates that the execution of decree shall not be issued on any decree passed against the Government of Public Officials unless it remains unsatisfied for the period of three months computed from the date of such decree—Section 82.
51 Section 88 deals with?—Inter-pleader suit
52 Caveat may be lodged under Section—Section 148-A
53 Caveat shall not remain in force after the expiry of ______days from the date on which it was lodged—90days [Section 148-A(5)]
54 Under which Section of CPC, the Court has discretion to order for payment of deficient court-fee—Section 149
55 Which Section of CPC confers inherent powers upon courts—Section 151
56 Which Order of CPC deals with the provision as to admission—Order XII
57 Which Order of CPC deals with the provision as to affidavit—Order XIX

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