JUDICIAL/ LAW-EXAMS: IMPORTANT “ONE-LINERS” on C.P.C., 1908 (Indian Perspective)

1. Who is considered to be the father of the Code of Civil Procedure, 1908 (CPC) for his contribution in draft CPC?—Sir Earle Richards.
2. The Code of Civil Procedure, 1908 (1908) consists of how many Sections?—Total 158 Sections.
3. The Code of Civil Procedure, 1908 (1908) consists of how many Orders?—Total 51 Orders.
4. The CPC, 1908 was enacted on which date? –21^st March, 1908.
5. The CPC, 1908 came into force on which date? – 1^st January 1909.
6. True/ False: The CPC, 1908 extends to the whole of India including Jammu & Kashmir—True.
7. True/ False: The CPC, 1908 does not apply to the State of Nagaland and the tribal areas—True.
8. True/ False: The CPC, 1908 is an adjective/ procedural law—True.
9. True/ False: Being procedural law, the Code has the retrospective operation—True.
10. True/ False: The law relating to ‘Civil Procedure’ is subject matter of which List of the Seventh Schedule of the Constitution of India?—Concurrent List(Part-III).
11. In terms of Article 246(2) of the Indian Constitution, the legislature (Union as well as State) has power to make law relating ‘Civil Procedure’ under  Entry No._______of the Concurrent List of the VIIth Schedule—Entry No. 13. (UPJ Exam-2015).
12. True/ False: Under CPC, 1908, the term ‘Code’ includes ‘Rules’—True.
13. Section ________ of the CPC, 1908 defines the term ‘Decree’?–Section 2(2).
14. Order 20 of the CPC, 1908 details rules regarding—Judgment and Decree.
15. Order _______ of the CPC, 1908 deals with the execution of decrees and order—Order 21.
16. The ‘formal expression’ of an ‘adjudication’ which ‘conclusively determines’ the ‘rights of the parties’ with regard to “all or any of the matters” in controversy in the suit is called—Decree.
17. True/ False: A decree is simply ratio decidendi—True.
18. True/ False: Judgment includes obiter dicta and ratio decidendi—True.
19. Deemed Decree— True/ False: The(a) Rejection of plaint and (b) Restitution of plaint under Section 144 are also known as deemed decrees—True.
20. True/ False: “Appeal from an order” (S.104, Order 43) is not a decree—True.
21. True/ False: “Order for dismissal of default” is not a decree—True.
22. Types of Decree— True/ False: A Decree may be (i) ‘preliminary decree’ or (ii) final decree’ or (iii) partly preliminary decree’ and ‘partly final decree’—True.
23. True/ False: A ‘preliminary decree’ (PD) may be more than one in a suit (viz., in the partition suit) if it is necessary in the interest of justice—True.
24. A ‘partly preliminary’ and a ‘partly final decrees are jointly called—Composite Decree.
25. Under CPC, 1908, the presiding officer of a “Civil Court” is called—Judge.
26. Under CPC, 1908, the statement given by the Judge of the grounds of a decree or order is called—Judgment.
27. Section 2(9) of CPC, 1908 defines—Judgments.
28. In computation of Mesne Profit (MPs) maximum rate of interest to be allowed is_______% per annum— 6% per annum. [Section 2(12)]
29. A formal expression of any decision of the Civil Court which is not a decree is called—Order.
30. The term “Order” is defined under Section______of the CPC, 1908—Section 2(14)
31. For the purposes of CPC, the District Court is subordinate to which Court?—The High Court (Section 3)
32. For the purposes of this Code every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to which Court?—High Court and District Court (Section 3)
33. 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)
34. The Courts shall 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.
35. 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)
36. 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.)
37. 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.
38. 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.
39. Before filing a suit against the Government (including the Government of the State of Jammu & Kashmir) or against a public officer for any act done in his official capacity, _________ prior written notice must be given—Two-months.
40. A decree passed against the Government or a public officer shall not be executed unless it remains unsatisfied for________months from the date of decree—Three-months.(CGJ-2003/ MPJ-2019)
41. A suit under “representative capacity” can be filed under Order?—Order 1, Rule 8 C.P.C. (MPCJ Exam-2019)
42. “Representative Suit” is dealt in CPC, 1908 under Order?—Order 1, Rule 8 C.P.C. (UKCJ Exam-2022)
43. Which provision of the CPC, 1908 deals with “joinder of causes of action”—Order 2, Rule-3. (MPHJS Exam-2019)
44. Rules as to issue and service of summons in CPC, 1908 are laid down in which Order—Order-5 (HPJS Exam-2012)
45. “Legal Set-off” is incorporated under Order_____of the CPC, 1908—Order 8, Rule 6.
46. Under which Rule & Order of CPC, 1908 ‘Rejection of Plaint’ has been mentioned?—Order7, Rule-11. (UPJS Exam-2008)
47. Order-17 of CPC, 1908 deals with—Admission.
48. Order-33 of CPC, 1908 deals with—Suit by Indigent Persons (MPJS Exam-2018)
49. Order 35 of the CPC, 1908 deals with—Interpleader Suit.(IPS) (UPJS Exam-2014)
50. Which Order of Code of Civil Procedure, 1908 (CPC) deals with production, impounding and return of documents?—Order-13 (MPJS Exam-2018)
51. Order _______of CPC, 1908 deals with ‘appeal from orders’—Order-43.(DJS Exam-2021).

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