Questions and Answers
What is the purpose of the Code of Civil Procedure?
To consolidate and amend the law relating to the procedure of Courts of Civil Procedure.
The Code of Civil Procedure creates rights.
False
Which of the following statements is true regarding the Code of Civil Procedure?
How many sections are there in the Code of Civil Procedure?
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The Code of Civil Procedure is applicable to the whole of India except _____ and _____ .
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What is the effective date of the provisions of the Code extending to the Schedule Areas?
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Study Notes
Unit I: Preliminary
- The Code of Civil Procedure serves as an adjective law, providing procedures to implement substantive law without creating or taking away rights.
- Comprises 158 Sections and 51 Orders, aimed at consolidating civil court procedures in India.
- Procedural laws are retrospective unless specified otherwise; no vested rights in forms of procedure are recognized.
- The Code is not exhaustive; its applicability is limited geographically.
- Effective across the whole of India except Jammu & Kashmir, Nagaland, and Tribal Areas; include some Union Territories and Schedule Areas as per amendments.
- The Code's composition includes a substantive part defining procedures and a procedural part with model forms and rules.
- Legislative amendments apply to the Code's fundamental sections, while High Courts may change the First Schedule containing Orders and Rules.
Definitions
- Important terms are defined under Section 2 of the Code, establishing clear interpretations of legal terminology.
Suits of Civil Nature
- Jurisdiction of the court determines the authority to hear civil suits.
- Establishes parameters for what constitutes a civil suit.
Res Sub Judice and Res-Judicata
- Concepts that govern the principle of not re-litigating the same matter in court once it's adjudicated.
Foreign Judgment
- Provisions regarding the recognition and enforcement of foreign court judgments.
Place of Suing
- Clarifies the appropriate venues for filing civil suits.
Important Questions
- A set of questions derived from the unit for review and evaluation of understanding.
References
- Suggested sources for further reading and reference to deepen understanding of the topics covered.
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Description
Test your knowledge on the fundamentals of Civil Procedure Law with this quiz covering Units I and II. Explore essential topics such as the jurisdiction of courts, parties to a suit, and the basics of pleading. Perfect for law students and anyone interested in civil law principles.
