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CPC One Liner

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60SYBLSYashwant Ramgiri
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20 views4 pages

CPC One Liner

Uploaded by

60SYBLSYashwant Ramgiri
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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What is meant by cause of action?

It refers to the set of facts or legal grounds that give a person the right to file a lawsuit.

Mention any two duties of Court Receivers.


To manage and protect the property involved in the litigation.
To collect rents, profits, or incomes from the property

What is the purpose behind the enactment of the Limitation Act, 1963?
It ensures legal claims are made within a specified time to avoid indefinite litigation.

What is meant by mesne profits?


It refers to the profits wrongfully earned by a person in unlawful possession of property.

What is meant by compensatory costs?


These are costs awarded by the court to compensate a party for frivolous or vexatious litigation.

What is meant by ‘Court which passed a decree’?


It is the court that issued the final judgment or order in a case.

What is meant by an interpleader suit?


It is a suit filed by a person holding property but not claiming ownership, to resolve disputes
among claimants.

What is meant by ‘Stay of Suit’?


It is a temporary suspension of legal proceedings by the court.

Define ‘Prescribed Period.’


It is the time limit specified under the Limitation Act for filing a suit or appeal.

What is meant by a necessary party?


A party whose presence is essential for the court to decide the case effectively.

What is meant by a Memorandum of Appeal?


It is a document stating the grounds on which a party challenges a decision in a higher court.

What is meant by amendment of judgments, decrees, and orders?


It allows corrections in judgments, decrees, or orders to rectify errors or clarify ambiguities.

Who does the Code of Civil Procedure, 1908 ordain in regard to inquiry into the means of
an ‘Indigent person’?
The court must determine if the person lacks sufficient means to pay court fees.

Explain the term ‘Garnishee.’


A garnishee is a third party holding money or property of the judgment debtor, directed by the
court to pay the judgment creditor.

What is Res-Subjudice/Stay of suits?


Res-subjudice prevents parallel proceedings in two courts on the same issue.

What is counterclaim? Counterclaim: A claim made by a defendant against the plaintiff in the
same suit.

Define Legal representative.


Legal Representative: A person who legally represents the estate of a deceased person.

What is the effect of minority on limitation?


The limitation period starts once the minor attains majority.

Which period cannot be counted while calculating the period to file an appeal against
order?
The time taken to obtain certified copies of the order is excluded.

Who is the Judgment Creditor?


A person in whose favor the court has passed a decree for payment or recovery.

What is Precept?
It is an order issued by a court to another court to attach a debtor’s property to satisfy a decree.

What is the Warrant of Attachment?


It is an order to seize a person’s property to enforce a decree or judgment.

When can the Defendant file a Written Statement in a regular Suit after the service of Writ
of Summons?
The defendant can file the written statement within 30 days, extendable up to 90 days with the
court’s permission.

What is abatement of Suit?


It refers to the termination of a suit due to the death of a party or other circumstances where
substitution or continuation is not done.

What is an ex-parte Decree?


A decree passed by the court in the absence of the defendant.

What is a set-off?
It is a claim made by the defendant against the plaintiff to reduce or cancel the plaintiff’s
demand.
What is meant by mis-joinder of Party in Suit?
It occurs when a wrong party is joined in the suit, either as plaintiff or defendant.

What are Pleadings?


Written statements of the plaintiff and defendant outlining their claims and defenses.

What is Jurisdiction?
The authority of a court to hear and decide a case.

What is a prerequisite for filing a suit against the Government?


A prior notice of two months under Section 80 of the CPC is mandatory.

Who is a Next Friend of a minor?


A person who represents a minor in a lawsuit since the minor cannot sue directly.

What is Judgment?
A statement by the judge explaining the grounds for a decree or order.

What happens when the Plaintiff is absent on the date his suit is placed for hearing?
The court may dismiss the suit for default under Order 9 Rule 8 of the Civil Procedure Code
1908.

Who is a decree-holder?
A person in whose favor the court has passed a decree.

What is the effect of acknowledgment in writing on limitation?


It resets the limitation period, starting afresh from the date of acknowledgment.

What is the issue of the Commission?


It is an order appointing a person to perform judicial functions like recording evidence or local
investigation.

What is a Foreign judgment?


A judgment delivered by a court in another country.

Who is an ‘Indigent Person’ under the Civil Procedure Code?


A person unable to pay court fees due to lack of sufficient means.

What is the Preliminary Decree?


A decree that decides certain rights or issues but does not conclude the entire suit.

What is meant by ‘Inherent Powers of the court’?


Powers exercised by a court to do justice in situations not covered by law.
When is a foreign judgment not conclusive?
When it is obtained by fraud, violates natural justice, or contradicts Indian law or public policy.

How are summons served where the defendant resides in another state?
Through the court where the defendant resides or by registered post.

Who is a Judgment debtor?


A person against whom the court has passed a decree for payment or performance.

When costs are levied onto parties litigating in a suit.


Costs are imposed on losing parties to compensate the winning party for expenses.

What is Review?
A re-examination of a court’s judgment or order to correct errors.

In which court can the suit to recover immovable property be filed?


In the court within whose jurisdiction the property is situated.

What is the effect of filing a Caveat?


The court must notify the caveator before taking any action in the case.

To what extent are the legal representatives of a deceased defendant liable in execution
of a decree passed against the deceased defendant?
They are liable only to the extent of the deceased’s property inherited by them.

What is a Letter of Request?


It is a communication sent by one court to another requesting judicial assistance.

What is the effect of part-payment on limitation?


It extends the limitation period from the date of part-payment.

What are Summons for Judgment in a Summary Suit?


A notice to the defendant in a summary suit to show cause why judgment should not be
pronounced against them.

What is the execution of a decree?


The process of enforcing or implementing a court’s decree.

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