CPC, 1908 one-liner for judiciary exams

• The code of civil procedure is – a procedural law.

• The CPC, 1908 came into force with effect from- 1 Jan, 1909.
• The CPC 1908 extends to the – whole of India.
• How many sections are in CPC, 1908- 158 .
• The CPC, 1908 (amendment) act, 2002 came into force on- 1st July 2002.
• Decree as defined under section 2(2) -
a) The formal expression of an adjudication that conclusively determines
the rights of the parties with regard to all or any of the matters in
controversy in the suit.
B) A judicial determination of the matter in dispute.
• A decree may be a) preliminary or b) final or c) partly final
or d)partly preliminary
• A preliminary decree: determines the right of the parties with regard to
some or one of the matter in controversy in the suit but does not
completely dispose off and is a stage in working out the parties which are
to be finally.
• Any order of dismissal suit for default is not a decree.
• A rejection of plaint is a decree.
• An order of restitution under section 144 CPC is a DECREE.
• Foreign court under section 2(5)
• Section 2(12) mesne profit.
• The order and rules in the first schedule of the code- can not override the
provisions in a section.
• The leading case in the exclusion of the jurisdiction of civil case court-
Dhulabhai v State of MP.
• Suit of civil nature section 9.
• Suits are of civil nature- a) right of property b) right or worship c)suit for
damage of civil nature.
• The rule of sub judice – section- 10 of CPC.
• Section 10 provision is mandatory.
• It applies to pending suit.
• It does not applies suit which is pending in foreign court.
• The rule of constructive res judicata section-11.
• Res judicata may operate between-
a) a plaintiff and a defendant, b) Co-plaintiffs, c) Co-defendants
• The rule of constructive res judicata is- contained expressly in the
[Link]-11 explanation iv.
• Section 11 is applicable on writ except habeas corpus.
• The doctrine of res judicata is not applicable- habeas corpus.
• A foreign judgement is recognized in India on considerations of
justice,equity and good conscience. –Satya v Teja singh.
• Section 14 of CPC presumption is a rebuttable presumption of law.

• Suit of immovable property where property is situate.

• The high courts and the district court can- transfer as well as withdraw a
suit and try or dispose of the same.
• Under section 32 of cpc ,fine can be imposed not exceeding 5000rs.
• Provision of interest under section 34- not exceeding 6%.
• Cost section 35 of cpc.
• Compensatory cost under section 35A does not exceeding 3000rs. Its
appeable order.
• Execution provisions under section 36 to 74 R/W order 21 of CPC.
• A decree may be executed either by the court has passed the decree or to
which the decree is sent.
• Precept is provided under section 46 CPC.
• An executing court can decide question relating to execution of decree,
discharge,or satisfaction of decree. Under section 47 of CPC.
• Section 51 methods to enforce execution of decree.
• Arrest in execution of decree has been provided under section 55.
• Section 56 prohibits arrest or detention of women in the execution of
decree in money decree.
• Books of account can not be attached under section 60 of CPC.
• In execution of decree for maintenance , salary of a person can be
attached to the extend of 2/3 of the salary.
• Section-75 power to issue of commission –a) to g)
• Suit by or against government is named- Union of India section 79.
• For instituting a suit against govt before filing suit– notice of 2 months is
mandatory under section 80 of cpc.
• Execution of decree shall not be issued against govt unless the decree
remained unsatisfied for a period of 3 months from the date of the decree.
• Alien enemies residing in India may sue with permission of the central
govt.
• Interpleader suit section 88 R/W order 35 CPC.
• Interpleader suit is instituted by a person who has no interest in subject
matter.
• Section 89 deals with settlement of disputes outside court.
• Provisions of friendly suit under section 90 R/w ORDER 36 of CPC.
• Suit for injunction for public nuisance can be instituted by- either advocate
general or two or more persons with leave of court.
• A suit in respecting public charities under section92.
• Supplemental proceedings under section 94 of the CPC.
• Compensation under section 95- 50000rs.
• Section 96- 112 appeals
• Section 96 appeal from original decree.
• Appeal is statuary right of parties.
• In case of consent decree no appeal can be filed.
• Second appeal under section 100.
• Second appeal lies in high court.
• Ground of second appeal is substantial question of law.
• No second appeal lies in a suit for recovery of money not exceeding
25000rs.
• Section 104 appeal can be preferred against order.
• Decree always appealable but order is not always appealable.
• Section 113 –reference
• Reference is made to high court.
• It is filed by court.
• Review- section114
• Revision section 114.
• Under section 122 high court has power to make rule.
• Section 132 cpc provides exemption of certain women from personal
appearance before court.
• Affidavit to be filed in a court can be authenticated- by a judge,
magistrate, or a notary.
• Doctrine of restitution under section 144 of CPC.
• Right to lodge caveat- section 148A – 90 days
• Inherent power of high court section 151 CPC.
• Power to correct arithmetical mistake section 152 cpc.
• Who may be joined as plaintiff order 1 rule 1.
•
• Representative suit order 1 rule 8 - a) Numerous parties
b) same interest in the suit
c)leave of court
• Misjoinder or non joinder of parties r 9.
• Objection for misjoinder order 1 rule 13.
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• Formal defendant- against whom no relief is claimed.

• When does the documents are to be produced for inspection- at any
time at or before the settlement of the issue.
• Omission to give notice under O21 Rule 22render the execution null and
void.
• A holds a decree against B for Rs. 5000. B holds a decree against A for Rs.
3000. A transfers his decree to C.- C can not execute the decree against B
for more than Rs 2000.
• A garnishee is a judgement- a debtor’s debtor. A garnishee order is an
order prohibiting the judgement debtor’s debtor from making any
payment to the judgement debtor.
• Section 64 enacts a private alienation of property after attachment is void.
• A precept, under section 46 cpc , is the Interim attachment of the property
of the judgement-debtor.
• O22 does not applicable to execution proceedings and writs.
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