Free Judiciary Notes · CPC Notes
CPC Sec.26-35A-B
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26. INSTITUTION OF SUITS
1. Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. -
2. In every plaint, facts shall be proved by affidavit.
The provision for the institution of suits is given in which of the following sections of C.P.C.?
a. Section 26
b. Section 30
c. Section 28
d. Section 25
Ans. (a)
In every plaint, under Section 26 of CPC, facts should be proved by
a. Oral evidence
b. Affidavit
c. Document
d. None of the above
Ans. (b)
A person against whom summons has been issued may be compelled under Sec. 32 of C.P.C. to attend by—
1. Issue of a warrant
2. Attachment and sale of his property
3. Imposing a fine
4. Ordering him to furnish security for his appearance
Select the correct answer with the help of the code given below—
a. 1 and 4
b. 3 and 4
c. 2,3 and 4
d. 2 and 4
Ans. (c)
27. SUMMONS TO DEFENDANTS
Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed on such day not beyond 30 days from date of the institution of the suit.
28. SERVICE OF SUMMONS WHERE DEFENDANT RESIDES IN ANOTHER STATE.
1. A summons may be sent for service in another State to such Court and in such manner as may be prescribed by. rules in force in that State.
2. The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue together with the record (if any) of its proceedings with regard thereto.
3. Where the language of the summons sent for service in another State is different from the language of the record referred to in sub-section (2), a translation of the record, -
a. in Hindi, where the language of the Court issuing the summons is Hindi, or
b. in Hindi or English where the language of such record is other than Hindi or English, shall also be sent together with the record sent under that sub-section.
29. SERVICE OF FOREIGN SUMMONSES
Summons and other processes issued by-
a. any Civil or Revenue Court established in any part of India to which the provisions of this Code do not extent, or
b. any Civil or Revenue Court established or continued by the authority of the Central Government outside India, or
c. any other Civil or Revenue Court outside India to which the Central Government has, by notification in the Official Gazette, declared the provisions of this section to apply, may be sent to the Courts in the territories to which this Code extends, and served as if they were summonses issued by such Courts.
30. POWER TO ORDER DISCOVERY AND THE LIKE
Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party, -
a. make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence;
b. issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid;
c. order any fact to be proved by affidavit.
31. SUMMONS TO WITNESS
The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects.
32. PENALTY FOR DEFAULT
The Court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose, may-
a. issue a warrant for his arrest;
b. attach and sell his property;
c. imposes a fine upon him 1[not exceeding five thousand rupees];
d. order him to furnish security for his appearance and in default commit him to the civil prison.
Under Section 32 of CPC, to compel the attendance of a person to whom a summon has been issued under Section 30 of CPC, the Court is empowered to
a. Issue a warrant for his arrest
b. Attach and sell his property
c. Impose a fine not exceeding Rs. 5,000
d. Either (a) or (b) or (c)
Ans. (d)
Under section 32 of CPC, the maximum fine which can be imposed by the court for compelling the attendance of any person to whom a summons has been issued under section 30;
a. Two thousand rupees
b. Three thousand rupees
c. One thousand rupees
d. Five thousand rupees
Ans. (d)
Where a decree is silent as regards future interest
a. Future interest shall be deemed to have been refused and a separate suit shall lie for the same
b. Future interest shall be deemed to have been refused and a separate suit shall not lie
c. Only (a) is correct
d. None of the above
Ans. (b)
The court may compel the attendance of any person to whom a summons has been issued under Section 32 C.P.C. and for the purpose may impose a fine upon him not exceeding:
a. Rs. five hundred
b. Rs. one thousand
c. Rs. three thousand
d. Rs. five thousand
Ans. (d)
33. JUDGMENT AND DECREE
The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow.
34. INTEREST
1. Where and in so far as a decree is for the payment of money, the Court may, in the decree, order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest at such rate not exceeding six per cent, per annum as the Court deems reasonable on such principal sum from the date of the decree to the date of payment, or to such earlier date as the Court thinks fit:
Provided that where the liability in relation to the sum so adjudged had arisen out of a commercial transaction, the rate of such further interest may exceed six per cent, per annum, but shall not exceed the contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or advanced by nationalized banks in relation to commercial transactions.
EXPLANATION I
In this sub-section, "nationalized bank" means a corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970 (5 of 1970).
EXPLANATION II
1. For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.
2. Where such a decree is silent with respect to the payment of further interest on such principal sum] from the date of the decree to the date of payment or other earlier date, the Court shall be deemed to have refused such interest, and a separate suit therefore shall not lie.
Under Section 34 of Civil Procedure Code, Court can award interest from the date of decree to the date of payment or such earlier date as the Court thinks fit. Rate of such interest shall not exceed per annum.
a. Nine per cent
b. Ten per cent
c. Six per cent
d. Twelve per cent
Ans. (c)
Provision for interest in CPC has been made
a. Under Section 32
b. Under Section 34
c. Under Section 35A
d. Under Section 35B
Ans. (b)
Where a decree is silent as regards future interest:
a. Future interest shall be deemed to have been refused and a separate suit shall lie for the same
b. Further interest shall be deemed to have been refused and a separate suit shall not lie
c. Future interest shall be deemed to have been inadvertently omitted and an application can be moved before the court
d. Future interest shall be deemed to have been granted and it shall be a clerical or arithmetical error to be corrected on application
Ans. (b)
In civil proceedings where a decree is silent as regards future interest; future interest shall be deemed to have been refused and a separate suit shall not lie—
a. True
b. False
c. Partly true
d. None of the above
Ans. (a)
35. COSTS
1. Subject to such conditions and limitations as may be prescribed, and to the provisions of law for the time being in force, the costs of and incident to all suits shall be in the discretion of the Court, and the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers.
2. Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in writing.
35A. COMPENSATORY COSTS IN RESPECT OF FALSE OR VEXATIOUS CLAIMS OR DEFENSES.
1. If any suit or other proceedings including an execution proceedings but excluding an appeal or a revision any party objects to the claim or defence on the ground that the claim or defence or any part of it is, as against the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if thereafter, as against the objector, And if thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the Court, if it so thinks fit may, after recording its reasons for holding such claim or defence to be false or vexatious, make an order for the payment to the objector by the party by whom such claim or defence has been put forward, of cost by way of compensation.
2. No Court shall make any such order for the payment of an amount exceeding three thousand rupees or exceeding the limits of it pecuniary jurisdiction, whichever amount is less:
Provided that where the pecuniary limits of the jurisdiction of any Court exercising the jurisdiction of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 (9 of 1887) or under a corresponding law in force in any part of India to which the said Act does not extend and not being a Court constituted under such Act or law, are less than two hundred and fifty rupees, the High Court may empower such Court to award as costs under this section any amount not exceeding two hundred and fifty rupees and not exceeding those limits by more than one hundred rupees:
Provided, further, that the High Court may limit the amount which any court or class of Courts is empowered to award as costs under this Section.
3. No person against whom an order has been made under this section shall, by reason thereof, be exempted from any criminal liability in respect of any claim or defence made by him.
4. The amount of any compensation awarded under this section in respect of a false or vexatious claim or defence shall be taken into account in any subsequent suit for damages or compensation in respect of such claim or defence.
Compensatory costs under Section 35A of CPC can be imposed to the extent of
a. Rs. 3,000
b. Rs. 6,000
c. Rs. 10,000
d. Without any limit
Ans. (a)
What is the maximum amount of compensatory costs that can be awarded under Section 35A (2) of the Code of Civil Procedure, 1908?
a. Rs. 1000
b. Rs. 2000
c. Rs. 3000
d. Rs. 4000
Ans. (c)
Under the Code of Civil Procedure, 1908, for the first-time provision for compensatory costs in respect of false or vexatious claims or defences, has been made under
a. Section 35 of the Code
b. Section 35(B) of the Code
c. Section 35(A) of the Code
d. Section 34 of the Code
Ans. (c)
Maximum amount which a court may order for payment of compensatory cost in case of false or vexatious claims or defences under Civil Procedure Code, 1908, is
a. Rs. 10,000
b. Rs. 3,000
c. Rs. 25,000
d. Any amount
Ans. (b)
35B. COSTS FOR CAUSING DELAY.
1. If, on any date fixed for the hearing of a suit or for taking any step therein, a party to the suit-
a. fails to take the step which he was required by or under this Code to take on that date, or
b. obtains an adjournment for taking such step or for producing evidence or on any other ground,
the Court may, for reasons to be recorded, make an order requiring such party to pay to the other party such costs as would, in the opinion of the Court, be reasonably sufficient to reimburse the other party in respect of the expenses incurred by him in attending the Court on that date, and payment of such costs, on the date next following the date of such order, shall be a condition precedent to the further prosecution of-
a. the suit by the plaintiff, where the plaintiff was ordered to pay such costs.
b. the defence by the defendant, where the defendant was ordered to pay such costs.
EXPLANATION
1. Where separate defences have been raised by the defendants or groups of defendants, payment of such costs shall be a condition precedent to the further prosecution of the defence by such defendants or groups of defendants as have been ordered by the Court to pay such costs.
2.The costs, ordered to be paid under sub-section (1) shall not, if paid, be included in the costs awarded in the decree passed in the suit; but, if such costs are not paid, a separate order shall be drawn up indicating the amount of such costs andthe names and addresses of the persons by whom such costs are payable and the order so drawn up shall be executable against such persons.
In the Code of Civil Procedure, Section 35B is added by the Amendment Act of 1976 for providing:
a. compensatory costs
b. costs for causing delay
c. general costs
d. miscellaneous costs
Ans. (b)
Compensatory costs can be imposed:
a. If the claim (or defence) is false or vexatious and subsequently disallowed or withdrawn.
b. If objection to the false or vexatious claim or defence has been taken by the party at the earliest opportunity
c. Both (a) and (b) are correct.
d. Both (a) and (b) are incorrect.
Ans. (c)
Costs imposed under Section 35B of CPC:
a. shall be included in the costs awarded in the decree passed in the suit
b. shall not be included in the costs awarded in the decree passed in the suit
c. shall, if not paid, be executable against the person on whom the costs have been imposed
d. only (b) and (c)
Ans. (d)
Any amount which a Court will order to be paid as compensatory costs in respect of false or vexatious claims or defences, shall not exceed the amount of—
a. Two thousand rupees or the amount within its pecuniary, jurisdiction whichever is less
b. Three thousand rupees or the amount within its pecuniary jurisdiction, whichever is less
c. Four thousand rupees or the amount within its pecuniary jurisdiction, whichever is less
d. Five thousand rupees or the amount within its pecuniary jurisdiction whichever is less
Ans. (b)