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.