Civil Procedure Code (CPC) Sections 1-158

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Questions and Answers

Under which section of the CPC can a court exercise jurisdiction over a defendant who doesn't reside within its local limits?

  • Section 20 (correct)
  • Section 16
  • Section 18
  • Section 21

A plaintiff files a suit in a court that lacks jurisdiction. According to CPC, what is the most likely course of action?

  • The suit is automatically dismissed.
  • The court can decide to hear the suit if both parties agree.
  • The defendant must file a petition to transfer the case.
  • The plaint can be returned to be presented to the appropriate court. (correct)

What does the doctrine of res sub judice, as outlined in the CPC, primarily aim to prevent?

  • The same matter being litigated multiple times in different courts simultaneously. (correct)
  • A court from deciding a matter already decided by another court.
  • Parties from introducing new evidence at the appellate stage.
  • Delays in the judicial process.

In which of the following situations would the principle of res judicata apply?

<p>The matter directly and substantially in issue in the subsequent suit has been finally decided by a competent court in a former suit between the same parties. (D)</p> Signup and view all the answers

Under the CPC, what is the primary purpose of issuing a summons to a defendant?

<p>To notify the defendant of the lawsuit and require their appearance in court. (D)</p> Signup and view all the answers

A court can order a party to bear the costs of the suit. Under what circumstances is the court most likely to make such an order?

<p>If the court believes that a party has caused unnecessary delay or expenses. (C)</p> Signup and view all the answers

Which of the following best describes the term 'decree' as defined in the Civil Procedure Code?

<p>The formal expression of an adjudication which conclusively determines the rights of the parties. (C)</p> Signup and view all the answers

In the context of CPC, what does 'execution' refer to?

<p>The enforcement of a decree or order to give effect to the judgment of the court. (D)</p> Signup and view all the answers

When can a court issue a commission under the CPC?

<p>For examining witnesses, making local investigations, or performing ministerial acts. (A)</p> Signup and view all the answers

Under what circumstances can a court grant an interim injunction?

<p>If it is proved that the defendant is wasting, damaging, or alienating the property. (B)</p> Signup and view all the answers

Flashcards

Decree

A formal declaration by a court of law that determines the rights and obligations of the parties involved in a legal dispute.

Res Judicata

A legal principle preventing a matter already decided in court from being relitigated between the same parties.

Statutory Interpretation

A set of legal rules established by authorities, customs, or judicial decisions.

Jurisdiction

Deals with territorial jurisdiction, subject matter jurisdiction, and pecuniary jurisdiction.

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Summons

A document ordering a person to attend court.

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Costs (in law)

Legal fees and charges in a lawsuit. Loser usually pays.

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Execution (of decree)

The process of legally enforcing a judgment. Accomplished through court orders.

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Commissions

To collect evidence from witnesses who cannot attend court.

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Study Notes

Overview

  • This is a comprehensive one-shot video covering all sections (1-158) of the Civil Procedure Code (CPC).
  • It is intended for those preparing for state judiciary exams.

Enrolment Information

Key Sections and Topics

Key Points from Comments

  • Decree can be preliminary and final and is the operative part of the judgment.
  • Judgment precedes the decree.
  • Section 10 refers to Res Sub Judice, while Section 11 refers to Res Judicata.

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