Free Judiciary Notes · CPC Notes
CPC Sec.2(1 to 14)
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SECTION 2(1) – “CODE”
“Code” includes Rules.
The chief feature of the Code is the distinction drawn between the body of the Code and the Rules. The body of the Code (which runs into 158 sections) creates jurisdiction and is unalterable except by the Legislature, but the Rules, indicate the mode in which such jurisdiction is to be exercised, can be altered or amended by a High Court, such alterations or amendments having force or effect within the local limits of the jurisdiction of that High Court.
The body of the Code, which is expressed in more general terms, has to be read in conjunction with the more particular provisions of the Rules. By reason of the above deeming provision, the Rules are deemed to be enacted in the body of the Code itself. Therefore, that construction is to be adopted, which would reconcile the Code and the Rules. However, if there is a clear conflict between the two, the provisions of the Code will prevail.
SECTION 2(2) – DECREE
Decree means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may either be preliminary or final.
It shall be deemed to include the rejection of a plaint and the determination of any question within Section 144, but shall not include:
a. any adjudication from which an appeal lies as an appeal from an order
b. an order of dismissal for default
EXPLANATION —
A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final."
Decree means:
a. An order adjudicating claims
b. Informal expression of an adjudication
c. Formal expression of an adjudication but shall not include any adjudication from which an appeal lies as an appeal from an order
d. none of the above
Ans. (c)
The essential elements of a decree:
a. these must be an adjudication
b. the determination must be of a conclusive nature
c. the adjudication must have been done in a suit
d. all of the above
Ans. (d)
Formal expression of an adjudication which, so far as records the court expressing it, conclusively determines rights of the parties, is—
a. Decree
b. Order
c. Judgement
d. Appellate order
Ans. (a)
The Code of Civil Procedure recognises:
a. Preliminary decree
b. Final decree
c. Partly preliminary and partly final
d. All of the above
Ans. (d)
A decree is preliminary;
a. When it is issued in the preliminary stages of the suit
b. When further proceedings have to be taken or the suit to be completely disposed of
c. When it deals with some preliminary issues
d. None of the above
Ans. (b)
Consider the following statement(s):
A 'decree' means and includes
i. formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit.
ii. any adjudication from which an appeal lies as an appeal from an order.
iii. any order of dismissal of suit for default.
iv. rejection of plaint.
Which of the statements given above are correct?
a. i and ii
b. ii and iii
c. i and iv
d. All of the above
Ans. (c)
Which of the following decisions is not a decree?
a. Order of abatement suit
b. Dismissal of appeal as time barred
c. Rejection of plaint or non-payment of court fee
d. Order refusing to set aside sale
Ans. (d)
Which one of the following is not a decree under Civil I Procedure Code, 1908?
a. Rejection of a plaint for non-payment of court fee
b. Any order of dismissal for default
c. Both (a) and (b)
d. None of the above
Ans. (d)
Which is not a decree?
a. Rejection of a plaint
b. Order of dismissal for default
c. Determination of any question within section 144 of CPC
d. Conclusive adjudication that determines the rights of the parties with regard to all or any of the matters in controversy in the suit
Ans. (b)
'Decree' under Civil Procedure Code, 1908 has been defined in its
a. Section 2(1)
b. Section 2(2)
c. Section 2(3)
d. Section 2(4)
Ans. (b)
Decree shall be deemed to include the rejection of a plaint and the determination of any question within Section 144 of C.P.C.—
a. Wrong
b. Right
c. It includes rejection of plaint but does not include the determination of any question within Section 144 of C.P.C.
d. It includes determination of any question within Section 144 but shall not include the rejection of a plaint
Ans. (b)
A decree can be:
a. Preliminary
b. Final
c. First preliminary then final
d. Either preliminary or final
Ans. (d)
Which of the following determinations does not come under the definition of "decree"?
a. An adjudication which conclusively determines the rights of the parties with regard to some of the matters in issue before the courts
b. Rejection of a plaint
c. Determination of any question under Section 144 of the Code of Civil Procedure
d. Dismissal of a suit for default
Ans. (d)
A decree holder:
a. Need not be a party to the suit
b. The term is not confined to plaintiff
c. Both (a) & (b)
d. Neither (a) nor (b)
Ans. (c)
Which of the following decision is not a decree within the meaning of Section 2(2) of CPC?
a. Dismissal of an application for final decree
b. Award of tribunal in land acquisition case
c. An order of abatement
d. Order modifying a scheme under Section 92
Ans. (b)
Which of the following is NOT a part of expression "Decree" as defined under Section 2(2) of Civil Procedure Code?
a. Adjudication of civil court
b. Conclusive determination of rights
c. Any order of dismissal for defaults
d. Formal expression of an adjudication
Ans. (c)
Which of the following is/are decree?
a. Order of abatement of a suit
b. Dismissal of appeal as time barred
c. Dismissal of suit for want of evidence
d. All of the above
Ans. (d)
The term "Award and Decree" is used to denote
a. The order of Commissioner of Income Tax
b. The order of Collector passed while recovering the revenue
c. Order of Civil Court, Arbitrator, Industrial Court> Cooperative Court etc.
d. Final order of Supreme Court
Ans. (c)
SECTION 2 (3) – DECREE HOLDER
"Decree-holder" means any person in whose favour a decree has been passed or an order capable of execution has been made;
Under Section 2(3) Of CPC a decree- holder means:
a. A person who is not a party to a suit but in whose favour an order capable of execution has been passed
b. The plaintiff
c. The defendant
d. All of the above
Ans. (d)
'Decree holder' means any person in whose favour a decree has been passed or an order capable of execution has been made. This definition of the term 'Decree holder' is mentioned under:
a. Section 2(2) CPC
b. Section 2(3) CPC
c. Section 2(4) CPC
d. Section 2(5) CPC
Ans. (b)
SECTION 2(4) – DISTRICT
“District” means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (Also referred to as a “District Court”), and includes the local limits of the ordinary original civil jurisdiction of a High Court.
SECTION 2(5) – FOREIGN COURT
“Foreign Court” means a court situate outside India and not established or continued by the authority of the Central Government.
Two conditions must be satisfied in order to bring a court within the definition of a foreign court:
1. It must be situated outside India; and
2. It must not have been established or continued by the Central Government. Thus, courts in England, Scotland, Ceylon, Burma, Pakistan and those of the Privy Council are foreign courts.
Under Section 2(5) of CPC, two conditions must be satisfied to bring a court within the definition of a foreign court:
a. Court must be situated outside India
b. Court must not have been established by Central Government
c. Court must not continue by the Central Government
d. All of the above
Ans. (d)
Under Civil Procedure Code, 1908 “Foreign Court” means
a. A court situated outside India.
b. A court situated outside India and not established under the authority of Government of India
c. A court situated in India, applying foreign law.
d. All of the above
Ans. (b)
According to Section 2(5) of the Civil Procedure Code ‘Foreign Court’ means: —
a. A court situated outside India and established under the authority of Government of India
b. A court situated outside India and not established under the authority of Government of India.
c. A court situated in India applying foreign law
d. All of these
Ans. (b)
Foreign court under Section 2(5) of CPC means:
a. A court situated outside India
b. A court situated outside India and not established under the authority of Government of India
c. A court situated in India applying foreign law
d. All the above
Ans. (b)
SECTION 2(6) – FOREIGN JUDGMENT
“Foreign judgment” means a judgment of a foreign court. [ S. 2(6).
The crucial date to determine whether the judgment is of a foreign court or not, is the date of the judgment and not the date when it is sought to be enforced or executed.
RAJ RAJENDRA SARDAR MOLOJI NAR SINGH V. SHANKAR SARAN, AIR 1962 SC 1737 at p. 1744:
Thus, a judgment of a court which was a foreign court at the time of its pronouncement would not cease to be a foreign judgment by reason of the fact that subsequently the foreign territory has become a part of the Union of India.
On the other hand, an order which was good and competent when it was made and which was passed by a tribunal which was domestic at the date of its making and which could at that date have been enforced by an Indian court, does not lose its efficacy by reason of the partition. [Kishori Lal v. Shanti Devi, AIR 1953 SC 441 at p. 442]: [Shitole case (supra)]; [Lalji Raja & Sons v. Firm Hansraj Nathuram, [AIR 1971 SC 974.]
Foreign judgment as defined under Section 2(6) of CPC means:
a. judgment given by an Indian Court in respect of foreigners
b. judgment given by a Foreign Court
c. judgment given by an Indian Court established under any Foreign Act
d. none of the above
Ans. (b)
SECTION 2(7) – GOVERNMENT PLEADER
“Government pleader” is defined to include any officer appointed by the State Government to perform all or any of the functions expressly imposed by the Civil Procedure Code on the government pleader, and also, any pleader acting under the directions of the government pleader
The Supreme Court has held that S. 2(7) contains an inclusive definition, and allows the appointment of any number of government pleaders.
It does not vest any sole control in one government pleader over others, and the government is perfectly free to put a particular government pleader in charge of a particular case. Each of them would be a government pleader and may depute other lawyers and exercise control over them. (Mundrika Prasad v. State of Bihar, AIR. 1979 S.C. 1871).
SECTION 2(7A) – HIGH COURT
“High Court”, in relation to the Andaman and Nicobar Islands, means the High Court in Calcutta.
SECTION 2(7B) – INDIA
“India”, except in sections 1, 29, 43, 44, 44A, 78, 79, 82, 83 and 87A, means the territory of India excluding the State of Jammu and Kashmir. (Now changed, State of Jammu and Kashmir is included in India)
SECTION 2(8) – JUDGE
“Judge” is defined as the presiding officer of a Civil Court.
"Judge' is defined as the presiding officer of a Civil Court under of the Code of Civil Procedure, 1908
a. Section 2(8)
b. Section 2(4)
c. Section 2(5)
d. Section 2(2)
Ans. (a)
SECTION 2 (9) – JUDGEMENT
“Judgment” means the statement given by a judge of the grounds of a decree or order
A judgement contains—
a. Concise statement of the case
b. The decision on the point of determination and the reason there of
c. The point for determination
d. All the above
Ans. (d)
Judgement under Section 2(3) of the Code of Civil Procedure, 1908 means
a. A decree
b. Dismissal of appeal summarily
c. Statement of grounds of an order or decree
d. All the above
Ans. (c)
Under Section 2(9) of the Code of Civil Procedure 'Judgement' means:
a. Decree
b. Order
c. Statement on grounds of a decree or order
d. Decree and order
Ans. (c)
Which of the following can be said to be 'judgement' as defined in Section 2(9) of the Code of Civil Procedure?
a. An order
b. A decree
c. Statement on grounds of an order or decree
d. All of the above
Ans. (c)
SECTION 2 (10) - JUDGMENT-DEBTOR
"Judgment-debtor" means any person against whom a decree has been passed, or an order capable of execution has been made. [ S. 2(10).]
Judgment - debtor means?
a. Borrower of a bank.
b. Defendant
c. Person against whom a decree is passed.
d. None of the above.
Ans. (c)
SECTION 2(11) - LEGAL REPRESENTATIVE
"Legal representative" means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or issued in a representative character the person on whom the estate devolves on the death of the party so suing or sued;
Legal representative under Section 2(11) of C.P.C. means a person who is a
a. Relative of parties to the suit
b. Who in law represents the estate of the deceased
c. Both of the above
d. None of the above
Ans. (b)
Which of the following is not a legal representative under Section 2(11) of the CPC?
a. Executors and administrators
b. Official assignee or receiver
c. Hindu coparceners
d. Residuary legatees
Ans. (b)
Under which one of the following Sections of Civil Procedure Code, 1908 "Legal Representative" has been explained?
a. Section 2(11)
b. Section 2(13)
c. Section 2(10)
d. Section 2(12)
Ans. (a)
'Legal Representative' as defined in Section 2(11) of C.P.C. does not include—
a. Natural heir
b. Legatee who obtains only a part of the estate of the deceased
c. Done of the suit property
d. Person who is neither a legal heir nor an intermeddler with the estate of the deceased
Ans. (d)
According to Section 2(11) C.P.C., 'legal representative' means
a. A person who in law represents the estates of a deceased person
b. Any person who intermeddles with the estate of the deceased
c. Any person elected under the Representation of the People Act, 1951
d. Any person who can represent the party to the suit
Ans. (a)
SECTION 2(12) - "MESNE PROFITS’’
"Mesne profits" of property means those profits which the person in wrongful possession of such property actually, received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession;
Which of the following Sections of the Code of Civil Procedure defines the ‘Mesne Profit'?
a. Section 2(4)
b. Section 2(14)
c. Section 2(6)
d. Section 2(12)
Ans. (d)
As per Section 2(12) of CPC, "mesne profits' of property are profits received by a person in;
a. Unlawful possession of the property
b. Wrongful possession of the property
c. Lawful possession of the property
d. Effective possession of the property
Ans. (b)
Mesne profit means:
a. Profit earned by mission
b. Very minimum profit
c. Profit received or could have been received by a person in wrongful possession of property
d. None of the above
Ans. (c)
Profit received during wrongful possession over a property is:
a. Casual profit
b. Actual profit
c. Conditional profit
d. Mesne profit
Ans. (d)
Mesne profits as defined under section 2(12) Code of Civil Procedure means those profits which the person in wrongful possession of:
a. Such property actually received or might have received together with interest
b. Property actually received including profits due to improvements made by such person
c. Such property actually received or might have received but without any interest on such profits
d. Such property actually received
Ans. (a)
SECTION 2(13) – ‘’MOVABLE PROPERTY’’
‘Movable Property’ includes growing crops.
SECTION 2(14) – "ORDER"
"Order" means the formal expression of any decision of a Civil Court which is not a decree;
Under CPC an adjudication of a court which is not a decree, is:
a. An Order
b. A Summon
c. A Rule
d. A Judgment
Ans. (a)
Which of the following Sections of Civil Procedure Code defines an Order?
a. Section 2(2)
b. Section 2(9)
c. Section 2(14)
d. Section 2(15)
Ans. (c)