Remedies Available Against Ex-Partie Decree
An ex-partie decree is a decree passed in the absence of defendants. Where the plaintiff appear and defendant does not appear when the suit is called out for hearing...
Distinction between order and decree
Order Meaning.-According to S 2.(14) of the Code of Civil Procedure 'Order' means the formal expression of any decision of a civil court which...
Preliminary and Final Decree
The code recognizes the following classes of decrees.
(i) Preliminary decree.
(ii) Final decree, and
(iii) Partly preliminary and partly final decree
Preliminary decree
When an adjudication decides the...
Civil Procedure Code 1908
Concept of Constructive Res Judicata
Explanation IV to Section 11 of the code
The rule of constructive res judicata engrafted in Explanation IV to Section 11 of the code is...
Civil Procedure Code 1908
Res Judicata
Section 11 of C.P.C. defines res judicata as under :
"No court shall try suit or issue in which the matter directly and substantially...
Civil Procedure Code 1908
MCQ on CPC 1908 – 10
91. Appellant Court shall not have power –
(a) To remand a case
(b) To determine a case finally
(c) To take additional evidence
(d) None of the...
Civil Procedure Code 1908
MCQ on CPC 1908 – 9
81. Which section of the Code prove enforcement of decree against legal representative –
(a) Section 51
(b) Section 52
(c) Section 56
(d) Section 58
Correct Answer...
Civil Procedure Code 1908
MCQ on CPC 1908 – 8
71. Among the following cases in which the test of res judicata between codefendants has been laid down by the Supreme Court –
(a) Sobhag...
Civil Procedure Code 1908
MCQ on CPC 1908 – 7
61. Where it appears to the Court that there exist elements of a settlement the Court shall…
(a) Leave the matter undecided
(b) Decide the matter...
Civil Procedure Code 1908
MCQ on CPC 1908 – 5
41. The Code of Civil Procedure (Amendment) Act, 1999 as well as the Amendment Act, 2002 were held constitutionally valid in the case of...
Civil Procedure Code 1908
MCQ on CPC 1908 – 4
31. A decree becomes final –
(a) When no appeal has been preferred against the decree
(b) When it conclusively determines the right of the parties
(c)...