Saturday, April 27, 2024

Civil Procedure Code 1908

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...

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...

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...

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...

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...

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...

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...

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...

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)...