CPC 1908

Ans: Section 115 of civil procedure code mentions about revision. Article 227, Constitution of India 1950(1),  Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.  Section 115 of civil procedure code mentions about the revision in case if the lower court doesn't work properly.  There is difference between revision and reference.  In revision, the High Court takes the matter under its control if lower court doesn't work properly and work beyond its jurisdiction. 

Ans: Section 114 of civil procedure code mentions about review. Review means to reconsider or reexamine the case.  Sometimes the new facts and evidences were found or there there can be any clerical mistake in judgement.  The person need not apply for appeal here and the person can file review petition here.  Even if a judge can not change his judgement but since a judge is also a human being and can do mistake. Thus, the review petition can be filed in those cases where the appeal can not be filed or if some new evidences or facts are found.  

Ans: According to section 113 of civil procedure code,  if a subordinate court finds that there can not be an appeal in case or there is a question of law in the case which is not decided previously,  the subordinate Court would refer the case to High Court which is called reference. Reference means to refer the case to High Court by Subordinate Court. 

Ans: Courts of small causes are civil courts which adjudicate trivial matters of small value. These courts are prevalent in India, Bangladesh and Pakistan in major cities. These courts took up small matters of civil nature only. Statutory Provisions: The Provincial Small Cause Courts Act, 1887 governs functioning of small cause courts in India. The Act originally contained 37 Sections divided into 5 chapters along with 2 schedules attached to it.

Ans:  In India, Court of Small causes are established under the Presidency Small Cause Courts Act-1882. As per the Act, The State Government may, by order in writing, establish a Court of Small Causes at any place within its territory. Also, these courts decide only civil cases of small value in a summary manner. High Court possesses a power of revision on the judgements of Small Causes courts.

Ans: On the recommendation of the Law Commission of 1858, the British Parliament passed the Indian High Courts Act, 1861 providing for the establishment of High Courts in the three Presidencies (in place of Supreme Courts and the Sadar Adalats). The Act of 1861, titled as "an Act for establishing High Courts of judicature in India authorised Her Majesty the Queen of England to establish High Courts by issuing Letters Patent to Presidency towns wherever and whenever it deemed fit. Accordingly, Her Majesty the Queen issued the Charter of High Court of Calcutta on 14th May, 1862; and Charters for establishing High Courts in Madras and Bombay were issued on June 26, 1862. Thus these three High Courts are called Chartered High Court.

Ans: An indigent person is one who does not possess sufficient means to pay court fees and unable to proceed with any suit. Every application for permission to sue as indigent person must contain the report of his moveable and immoveable property, with the estimated value annexed with the application.

Ans: The main object of supplemental proceedings is to give relief to the parties to the suit if any person or defendant creates obstacles to the enforcement of a decree, order, or judgment. Supplemental proceedings offer an exceptional remedy to ensure that the plaintiff's decree if issued, would be honored.

Ans:  Interlocutory orders are also mentioned in order 39 of civil procedure code.   An order passed during the proceedings of the case and which is of urgent requirement is known as an interlocutory order. Whenever it appears to the court to be just (morally right and fair) and convenient, it may pass an interlocutory order before finally disposing of the case.

Ans:  The civil court has inherent powers under Section 151 of the Code of Civil Procedure, which states that a court may grant a stay order in any particular suit or proceeding for which there is no express provision in the code of civil procedure.

Ans: A temporary or interim injunction restrains a party temporarily from doing the specified act and can be granted only until the disposal of the suit or until the further order of the court. It is regulated under the provisions of Order -XXXIX of CPC and may be granted at any stage of the suit.

Ans: According to order 13 of civil procedure code,  term "impounding of documents" refers to the legal act of seizing or taking possession of certain documents or materials by a competent authority, typically a court or a law enforcement agency. The impounded documents are held by the authority as evidence or for safekeeping, and their access or use may be restricted or controlled. Impounding documents can occur in various legal contexts, such as criminal investigations, civil litigation, or regulatory proceedings. The purpose is usually to preserve the integrity of the evidence, prevent tampering or destruction, and ensure that the documents are available for examination during legal proceedings.

Ans: Suppose A is a plaintiff whereas B and C are defendants, A got some property and B and C claimed on it. A will file interpleader suit in court and court will decide who the owner of the property is.  In the case of Ranjan Sharma V. Labh Singh, the agents and tenants can not file the interpleader suit against the principal and landlord.  Interpleader suit is mentioned under order 35 of civil procedure code. 

Ans:  CPC has the provision of reference review and revision under section 113, 114 and 115 of CPC respectively.  Reference is mentioned under section 113 of CPC, Review is mentioned under section 114 of CPC whereas Revision is mentioned under section 115 of CPC. 

Ans: Reference is made by a subordinate court to the High court where there is doubt regarding the question of law.

Ans: Review is filed in the same court that passed the order and can only be sought on the grounds of discovery of new and significant matter or evidence, while Revision is filed in a higher court and can be sought on the grounds of error of law or of fact. Revision is not for the discovery of new evidences. 

Ans: As per the case of Robinson v. Jenkins (1890), a person who has no interest in the debt, money, or property except for the charges and costs incurred by them and is prepared to pay or deliver it to the rightful claimant, may file an interpleader suit in CPC.

Ans: An interpleader suit is one in which the real controversy/dispute is not between the plaintiff and the defendant, but is rather between the defendants only, who inter-plead against each other.

Ans: The Private alienation means a voluntary sale, gift or mortgage in contravention of the attachment.

Ans: Typically, the subsistence allowance constitutes 50% of the wages drawn by the worker prior to his suspension, up to a period of 90 days from the date of his suspension. 75% for the period ranging from 90-180 days and 90% for any day above. 

Ans: Citizens are permanent residents of their state. Aliens are temporary residents.More generally, however, the term "alien" is perceived as synonymous with foreign national.

Ans: They cannot be detained by the police or arrested, and neither can their properties and houses be searched or seized. Article 31 of the Vienna Convention goes as far as to provide blanket protection to the ambassadors from criminal, civil, and administrative jurisdiction of the receiving state. 

Ans: An envoy is someone who is sent as a representative from one government or political group to another. An envoy is a diplomat in an embassy who is immediately below the ambassador in rank. Historically, the highest rank of diplomat was ambassador. An envoy, traditionally sent to smaller states, is the diplomatic rank below ambassador.

Ans: A person who is sent by one government to represent it in dealing with another government is known as envoy.  The suits against envoy is filed under section 86 of civil procedure code . 

Ans:  Section 35A mentions compensatory costs in respect of false or vexacious claims or defences. Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action.

Ans: What the witness actually says in court is called testimony. In court, the witness is called to sit near the judge on the witness stand. In order to testify, witnesses must take an oath to agree or affirm to tell the truth. The testimony with oath is called deposition. 

Ans:  Section 72 of Cr.P.C:  A warrant of arrest shall ordinarily be directed to one or more police officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same. When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them.

  Ans: Speaking more technically, a bench warrant is issued by a judge when a defendant violates the rules of the court. Most often, the defendant has simply failed to show up. Once a bench warrant is issued, however, the police can treat it like any other arrest warrant—and use it to bring the defendant back in front of the judge. 

Ans:  The attendance of the accused can be procured by: summon arrest or detention proclamation and attachment

Ans: A warrant is an order given to a specific person who is required to apprehend the accused and bring him before the court. The purpose of the warrant is to bring the accused before the court who has not appeared even after the summons has been issued.

Ans: Under civil procedure code,  the summons are issued under sections 27 to section 32 and order 5 whereas in criminal procedure code,  the summons are issued under section 204(1)(a) and sections 251 to section 259 of Cr.P.C.    The summoning and attendancing of witnesses are mentioned under order 16 of civil procedure code. 

Ans: The provision related to summons are given in Section 27-32 and Order V of CPC. Summons is an authoritative call from the court to attend the court at a specified place and at a specified time. The summons as contemplated in Rule 1 is for the attendance of the defendant.

Ans: Section 62 of CrPC provides for the procedure of serving summons personally. Clause (1) of this section states that summons shall be served by a police officer, or by an officer of the Court or by any other public servant in accordance with the rules made by the State Government in question. 

Ans:  A summons can also be served by a registered post, even when the postman is serving the summons and the witness refuses to accept, the acknowledgment by the postman would be evidence that the summons is served. 

Ans:  The administrative bodies send these when we fail to abide by the law. Tax authority or labor court summons is the main administrative summons issued by the law. 

Ans:  A summon issued to a person to appear in the criminal court under the Criminal Procedure Code is called a criminal summons. In the criminal summons, the court will mention the charges and facts based on which the summon has been issued.

Ans:  These summons are issued in a civil case under CPC to the defendant to appear in court. It is a way of informing the defendant that a case has been issued against him or her in court. It is mainly served in cases of breach of contract, damage suit, injunction orders, or loss of goods, etc. 

Ans:  The procedure to deal with such matter provided in section 251 to 259 of Cr.P.C, 1973 which is not as serious/formal as other trials (Session trial, warrant case instituted on the police report and warrant cases instituted otherwise than on police report).

Ans: According to Section 2(9) of the civil procedure code (CPC ), a "summons" includes any document used by a court to give notice to a person for his attendance. It can be in the form of a writ, notice, order, or other legal processes. The purpose of a summons is to ensure that the defendant is given adequate notice of the legal proceedings initiated against him and is given an opportunity to be heard in the matter.

Ans: Summon” is a document that commands a person to whom it is served to appear before the court and to answer the complaint made against him. Summon is issued by the Magistrate to the accused under section 204(1) (a) of Cr.P.C, 1973. “Summon case” means a case relating to an offence, not being a warrant case[1]. Summon cases can be referred from the definition of the warrant case i.e., offences punishable with death, imprisonment for life and imprisonment for the terms exceeding two years called as warrant cases[2]. So summon cases are those in which punishment will not exceed imprisonment for two years. It can be said that summon cases are not of serious nature, so it needs to be decided speedily, without dispensing the requisites of the fair trial. The procedure to deal with such matter provided in section 251 to 259 of Cr.P.C, 1973 which is not as serious/formal as other trials (Session trial, warrant case instituted on the police report and warrant cases instituted otherwise ...

Ans: 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. 

 Ans: Sir Arthur Hobhouse (later Lord Hobhouse), who was the then Law Member, made substantial contribution to the draft Bill. With certain modifications, the Bill was enacted as the Code of Civil Procedure, 1877.

Ans: Res Judicata requires one former and one subsequent suit, parties and titles to be similar, whereas Res Sub Judice necessitates two civil suits involving the same parties and a similar title. Additionally, various exceptions exist for both doctrines, allowing certain circumstances where they may not apply. Section 10: Res subjudice  Section 11: Res Judicata 

Ans:  Section 51 says that an order for detaining a person shall not be passed unless, after the person has been provided with an opportunity of showing cause why he should not be arrested, the court for reasons recorded in writing must be satisfied: That the judgement debtor with the object of delaying the execution of the decree is likely to abscond of the jurisdiction of the court or has dishonestly transferred, concealed or removed his property, or has done any other act done in bad faith, or That the judgement debtor has the means to pay the amount or a substantial part of it and refuses to pay the same, or That the decretal amount has to be paid on account of the fiduciary relationship.

Ans: There are certain classes of persons that are exempted from arrest and detention under the various provisions of CPC. Such persons include: Women, as per Section 56, Judicial officers, as per Section 135(1), Where a matter is pending, their pleaders, mukhtars, revenue-agents, and witnesses acting in obedience to a summons, under Section 135(2), Members of legislatures, as per Section 135A, Classes of persons, whose arrest according to the State Government, might be attended with danger or inconvenience to the public, under Section 55(2), and Where the decretal amount is less than two thousand rupees, under section 58(1A).

 Ans:  A decree is passed by the court under the Code of Civil Procedure (hereinafter referred to as CPC) to decide the rights and liabilities of the persons in a matter of controversy. The person in whose favour a decree is passed is called decree-holder and against whom the decree is passed is judgement debtor. There are various ways under civil law by which a decree can be passed. One such way is “arrest and detention”. The law relating to arrest and detention in the CPC has been dealt with under Section 51 to 59 and Rules 30 to 40 of Order XXI.

Ans: Section 30 and Order XI Rule 1 to 11, 21 and 22 of CPC covers interrogatories. When, with the leave of the Court, parties administer a set of questions on the other party then it is called ‘Interrogatories’  

Ans:  Discovery – Order 11   Under Civil Procedure Code, 1908 discovery basically means a pre-trial procedural aspect wherein each party is given an opportunity to obtain evidence from the opposite party or parties. In other words, we can say that it is a formal process wherein the parties get a chance to exchange information regarding the witnesses and evidence which will be presented before the court during the trial. The main purpose of discovery is to make the parties aware of the case, that means there shall not be any ambiguity between parties while the trial is going on. Both the parties shall be clear about the plaint made and issues thereby.

Ans: A deposition is an undertaking or oath undertaken by writing to an authorised officer of the court. It is generally done outside the court and prior to the commencement of the trial. A  deposition is testimony made under oath and taken down in writing by an authorized officer of the court, typically in an out-of-court setting and before trial.

Ans:  Under Civil Procedure Code, 1908 discovery basically means a pre-trial procedural aspect wherein each party is given an opportunity to obtain evidence from the opposite party or parties. In other words, we can say that it is a formal process wherein the parties get a chance to exchange information regarding the witnesses and evidence which will be presented before the court during the trial. The main purpose of discovery is to make the parties aware of the case, that means there shall not be any ambiguity between parties while the trial is going on. Both the parties shall be clear about the plaint made and issues thereby. There are various types of discovery:- 1) interrogatories;  2) requests for production of documents and inspection;  3) requests for admissions;  4) depositions;  5) subpoenas duces tecum;  6) physical and mental examinations.

Ans:  Under the procedure of discovery, only Facto Probanda can be asked by the parties because facto probanda is not considered as evidence. 

Ans:  Facts are of two types :  Facto probanda’ – the facts which constitute a party’s case. ‘Facto probantia’ – the facts which will be considered as evidence if proven.

Ans:  Steps Of The Discovery Process:   There are four key actions in the discovery process which include interrogatories, request for documents, request for admissions, and depositions.

Ans: Under Civil Procedure Code, 1908 , the discovery basically means a pre-trial procedural aspect wherein each party is given an opportunity to obtain evidence from the opposite party or parties. 

Ans: Res Judicata, Res Sub Judice and Summons are mentioned Suits in General.  It mentions about the term related to suits. 

Ans: Preliminary,  Suits in General

Ans: Section 2(3): Decree Holder and Section 2(14) : Judgement Debtor. 

Ans: Decree holder is mentioned in section 2(3) and Judgement Debtor is mentioned in section 2(14) of civil procedure code.  

Ans: The important terms in civil procedure code are Order, Judgement, Decree, Decree Holder and Judgement Debtor.   Foreign Court,  Foreign Judgement and Legal Representative.   Mesne Profit, Movable Property and Public Officer. 

Ans: Civil Law deals with Property, Money, Housing, Divorce, custody of a child in the event of divorce etc. Civil laws are committed against the person. Criminal Law deals with offences that are committed against the society. 

Ans: The First Schedule has 51 Orders and Rules.

Ans: The civil procedure code contains 158 sections which is divided into 12 parts and also one schedule, while the schedule containing rules and orders form the second part. The schedule contains 51 orders. 

Ans: Decree holder is mentioned under section 2(3) of civil procedure code where as judgement debtor is mentioned under section 2(10) of civil procedure code.