Free Judiciary Notes · CPC Notes
CPC Sec.3-8
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3. SUBORDINATION OF COURTS
For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court.
It is a well-established principle of law that when there are different rulings of different High Courts on the same point of law, a subordinate Judge should follow the decision of the High Court to which he is subordinate, unless that decision has been overruled by a Full Bench of that High Court or the Supreme Court or if the law has subsequently been amended by the Legislature.
Further, Art. 141 of the Constitution enacts that the law declared by the Supreme Court shall be binding on all courts in India. Thus, all other courts are bound to follow the decisions of the Supreme Court, even if such decisions are opposed to the decisions of the Privy Council or the House of Lords. The Supreme Court itself is not bound by the decisions of the Privy Council or the House of Lords. It is also free to reconsider its own decisions.
The courts of small causes under Section 3 of the Civil Procedure Code, 1908 is subordinate to which of the following?
a. High Court only
b. District Court only
c. Neither (a) nor (b)
d. Both (a) and (b)
Ans. (d)
The decrees or orders made by Small Causes Court are revisable by
a. The District Court
b. The High Court
c. Both (a) and (b)
d. None of the above
Ans. (c)
The Registrar of a Provincial Small Cause can, when conferred with jurisdiction by the State Government
a. Try suits of unlimited pecuniary jurisdiction.
b. Try suits up to limited pecuniary jurisdiction
c. Cannot try any suit
d. Can also decide criminal cases
Ans. (b)
A Court of Small Causes, under the Provincial Small Cause Courts Act:
a. Cannot take cognizance of suits specified in second schedule
b. Can take cognizance of all suits of Civil nature
c. Can entertain criminal complaints
d. Can decide matrimonial cases also
Ans. (b)
Provincial Small Cause Courts
a. Can try a suit against the Government. (Union or State)
b. Can try a suit relating to mortgages
c. Cannot try a suit against the Government (Union or State)
d. Can try a suit for damages for malicious prosecution
Ans. (b)
An appeal against an order of the Provincial Small Cause Court, if appealable, shall be made to:
a. The District Court
b. The High Court
c. The Metropolitan Magistrates Court
d. The City Civil Court
Ans. (a)
Save as provided by the Provincial Small Cause Courts Act a decree or order made under the provisions of the said Act shall be
a. Appealable
b. Reviewed
c. Final
d. No decree or order
Ans. (a)
4. SAVINGS.
1. In the absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or power conferred, or any special form of procedure prescribed, by or under any other law for the time in force.
2. In particular and without prejudice to the generality of the proposition contained in sub-section (1) nothing in this Code shall be deemed to limit or otherwise affect any remedy which a landholder or landlord may have under any law for the time being in force for the recovery of rent of agricultural land from the produce of such land.
5. APPLICATION OF THE CODE TO REVENUE COURTS.
1. Where any Revenue Courts are governed by the provisions of this Code in those matters of procedure upon which any special enactment applicable to them is silent, the State Government may, by notification in the Official Gazette, declare that any portions of those provisions which are not expressly made applicable by this Code shall not apply to those Courts, or shall only apply to them with such modifications as the State Government may prescribe.
2. ‘’Revenue Court" in sub-section (1) means a Court having jurisdiction under any local law to entertain suits or other proceedings relating to the rent, revenue or profits of land used for agricultural purposes, but does not include a Civil Court having original jurisdiction under this Code to try such suits or proceedings as being suits or proceedings of a civil nature.
A Revenue Court is defined to mean any court having jurisdiction under any local law to entertain suits and other proceedings relating to the rent, revenue or profits of land used for agricultural purposes. However, the term does not include a civil court having original jurisdiction under the Code to try such suits or proceedings as being suits or proceedings of a civil nature The object is to preserve the summary method prescribed in local laws for the disposal of suit for rent. Where there is a special enactment and with regard to certain matters if the enactment is silent, the CPC will apply.
6. PECUNIARY JURISDICTION.
Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.
Pecuniary jurisdiction of civil court is specified in—
a. A.P. Court Fees and Suits Valuation Act, 1956
b. A.P. Civil Courts Act, 1972
c. Civil Procedure Code
d. Civil Rules of Practice
Ans. (c)
Which of the following statements are correct in the context of Section 5 of Code of Civil Procedure?I. Revenue Court is a part of Civil Court
II. Civil Court means courts having original jurisdiction under C.P.C. but not Revenue Court
III. Civil Court means courts having original jurisdiction under C.P.C. including Revenue Court
IV. Revenue Court is not a part of Civil Court
a. (i)and (ii)
b. (ii) and (iii)
c. (ii) and (iv)
d. (iii) and (iv)
e. None of these
Ans. (c)
Under which Section of the Civil Procedure Code "Pecuniary Jurisdiction" of the Court has been provided?
a. Section 3
b. Section 4
c. Section 5
d. Section 6
Ans. (d)
Under Civil Procedure Code find the incorrect match:
a. Section 5 Revenue Court
b. Section 7 Provincial Small Causes Court
c. Section 9 Pecuniary Jurisdiction of Courts
d. Section 8 Presidency Small Causes Courts
Ans. (c)
7. PROVINCIAL SMALL CAUSE COURTS.
The following provisions shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887), or under the Berar Small Cause Courts Laws, 1905, or to Courts exercising the jurisdiction of a Court of Small Causes under the said Act or Law, or to Courts in any part of India to which the said Act does not extend exercising a corresponding jurisdiction that is to say, -
a. so much of the body of the Code as relates to-
I. suits excepted from the cognizance of a Court of Small Causes;
II. the execution of decrees in such suits;
III. the execution of decrees against immovable property; and
b. the following sections, that is to say,- section 9, section 91 and 92, section 94 and 95 so far as they authorize or relate to-
I. order for the attachment of immovable property;
II. injunction;
III. the appointment of a receiver of immovable property, or
iv. the interlocutory order referred to in clause (e) of section 94, and section 96 to 112 and 115.
8. PRESIDENCY SMALL CAUSE COURTS.
Save as provided in sections 24, 38 to 41, 75, clauses (a), (b) and (c), 76 77,157 and 158, and by the Presidency Small Cause Courts Act, 1882, (15 of 1882) the provisions in the body of this Code shall not extend to any suit or proceedings in any Court of Small Causes established in the towns of Calcutta, Madras and Bombay:
Provided that -
the High Courts of Judicature at Fort William Madras and Bombay, as the case may be, may from time to time, by notifications in the Official Gazette, direct that any such provisions not inconsistent with the express provisions of the Presidency Small Cause Courts Act, 1882, (15 of 1882) and with such modifications and adaptation as may be specified in the notification, shall extend to suits or proceedings or any class of suits or proceedings in such Court: All rules heretofore made by any of the said High Courts under section 9 of the Presidency Small Cause Courts Act, 1882 (15 of 1882) shall be deemed to have been validly made. S. 8 of the Code provides that the provisions of the Code are not to apply to Small Causes Courts established in Mumbai, Kolkata and Chennai, except as provided in Ss. 24, 38 to 41, 75(a), 75(b), 75(c), 76, 77 and 155 to 158, of the Code and by the Presidency Small Causes Courts Act, 1882. However, power is given to the High Courts of Mumbai, Kolkata and Chennai, to direct that any such provisions as are not inconsistent with the express provisions of the Presidency Small Causes Courts Act, 1882, shall extend to suits and proceedings in such courts. Order LI then provides that, subject to certain exceptions stated therein, the various Orders and Rules of the Code are not to apply to suits and proceedings in Small Causes Courts in Mumbai, Kolkata and Chennai.