Q. What is section 80 C.P.C.?
Ans. Section 80 deals with Notice.No suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of-(a) in the case of a suit against the Central Government, except where it relates to a railway, a Secretary to that Government;
(b) in the case of a suit against the Central Government where it relates to a railway, the General Manager of that railway ; (c) in the case of a suit against a State Government, a Secretary to that Government or the Collector of the district; .(d)and, in the case of a public officer, delivered to him or left at his office, stating the cause of action, the name, description, and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.
Q. Which section of CPC deals with Public Nuisance?
Ans. Section 91 deals with it. it says that in the case of a public nuisance the Advocate General or two or more persons having obtained the consent in writing of the Advocate General, may institute a suit, though no special damage has been caused, for a declaration and injunction or for such other relief as may be appropriate to the circumstances of the case. It further provides that nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.
Q. What is Compensatory cost?
Ans. Section 35A CPC provides for Compensatory costs in respect of false or vexatious claims or defenses. If any suit or other proceedings including 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it has been put forward, and if thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the Court if it so thinks fit, may, after recording its reasons for holding such claim or defence to be false or vexatious, make an order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 object or by the party by whom such claim or defence has been put forward, of cost by way of compensation.
Q. What is the caveat?
Ans. Section 148A deals with it. It says (1) Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgment due, on the person by whom the application has been or is expected to be, made, under sub-section (1).
(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.
(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator’s expense, with a copy of the application made by him and also with copies of any paper or document which has been or may be, filed by him in support of the application.
(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in subsection (1) has been made before the expiry of the said period.
Q. What is the rate of interest?
Ans. Section 34 deals with it. 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 percent, per annum as the Court deems reasonable on such principal sum from the date of the decree to the date of payment.
Q.Whenthe commission can be issued?
Ans. Section 75 CPC provides for the issuing of Commissions. It says that Subject to such conditions and limitations as may be prescribed, the court may issue a commission-
(a)to examine any person; (b) to make a local investigation; (c) to examine or adjust accounts; or (d) to make a partition; (e) to hold a scientific, technical, or expert investigation; (f) to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit; (g) to perform any ministerial act.
Q. Can Commission be issued to Court?
Ans. Section 76 CPC provides for the same.
Commission to another Court- (1) A commission for the examination of any person may be issued to any Court (not being a High Court) situate in a State other than the State in which the Court of issue is situated and has jurisdiction in the place in which the person to be examined resides. (2) Every Court receiving a commission for the examination of any person under sub-section (1) shall examine him or cause him to be examined pursuant thereto, and the commission, when it has been duly executed, shall be returned together with the evidence taken under it to the Court from which it was issued, unless the order for issuing the commission has otherwise directed, in which case the commission shall be returned in terms of such order.
Q. Why in CPC, there is an order but not in Cr.P.C.?
Ans. Because in Cr.P.C. everything is written in detail in sections but not so in CPC, there are only 158 sections in CPC.
Q. What is inherent power?
Ans. Inherent powers are those powers that are in addition to the powers specifically conferred on the Court by the Code. They are complementary to those powers and the court is free to exercise them for the ends of justice or to prevent the abuse of the process of the court. The term ‘inherent’ suggests that this power is inherent in the Courts by the very virtue of being Courts of Justice. Inherent means something which is not vested. The very fact that they are courts of justice implies that certain powers inherent in them are in addition to the powers specifically vested in them to meet all possible contingencies that may arise in future. However, where a specific provision in the Code has been laid down, they are not to be substituted by the Court under its inherent powers. This power comes into play only when there is no specific provision in the Code to deal with a particular contingency. The law relating to inherent powers has been provided under sections 148-151 of CPC.
Q. What are the modes of execution of decree?
Ans. Section 51 provides various modes for the execution of the decree. It says that subject to such conditions and limitations as may be prescribed the Court may, on the application of the decree-holder, order execution of the decree-
(a)by delivery of any property specifically decreed ;(b) by attachment and sale or by sale without attachment of any property ;(c) by arrest and detention in prison ;(d) by appointing a receiver; or (e) in such other manner as the nature of the relief granted may require. Provided that, where the decree is for the payment of money, execution by detention in prison shall not be ordered unless, after giving the judgment-debtor an opportunity of showing cause why he should not be committed to prison, the Court for reasons recorded in writing, is satisfied-(a) that the judgment-debtor, with the object or effect of obstructing or delaying the execution of the decree,-(i) is likely to abscond or leave the local limits of the jurisdiction of the Court, or
(ii) has, after the institution of the suit in which the decree was passed, dishonestly transferred concealed, or removed any part of his property, or committed any other act of bad faith in relation to his property, or
(b)that the judgment-debtor has, or has had since the date of the decree, the means to pay the amount of the decree or some substantial part thereof and refuses or neglects or has refused or neglected to pay the same, or
(c)that the decree is for a sum for which the judgment-debtor was bound in a fiduciary capacity to account.
Q. What are the contents of judgment?
Ans. The essential element of a judgment is that there should be a statement for the grounds of the decision. Every judgment other than that of a Court of small causes should contain (Order 22 Rule 4)
- A concise statement of the case.
- The points for determination.
- The decision thereon.
- The reason for such a decision.
The judgments of a Court of Small Causes need not contain more than
- the points for determination; and
- the decisions thereon.
Q. How will you issue summon to the witness?
Ans. Summons is a document issued from the office of the court of Justice, calling upon the person to whom it is directed to attend before a judge or officer of the court on the day mentioned therein. Section 27 says that where a suit has been duly instituted by filing a plaint, a summons may be issued to the defendant to appear and answer the claim and may be served in a manner prescribed on such day not beyond thirty days from the institution of the suit. The first duty of the Court is to issue a summons calling on the defendant to appear and answer the claim on a day specified therein either in person or by a pleader duly instructed or accompanied by some person able to answer all material questions. The only exception is where the defendant appears on the presentation of the plaint and admits the plaintiff’s claim. In that case, no such summons shall be issued. Every such summons shall be signed by the Judge or such officer as he appoints and shall be sealed with the seal of the court.
Order V Rule 1(1) mentions that where a summons has been issued, the Court may direct the defendant to file the written statement of his defence, if any, within thirty days from the date of his service of summons on him.
Q. What is interlocutory order?
Ans. ‘Interlocutory’ in law, means, not that which decides the cause, but which only settles some intervening matter relating to the cause. An interlocutory application is a request made to the court, or to a Judge for its interference in a matter arising in the progress of a cause or proceeding. An interlocutory order is one which is made pending the cause and before a final hearing on the merits. (Order XXXIX, of the Code deals with the Interlocutory Order)
Q. Who is the receiver?
Ans. A receiver is an indifferent person, standing between the parties to a case, and is appointed by the court, to receive and preserve the property or funds in litigation pendente lite, when it does not seem reasonable to the court that either party shall hold it. A receiver is not the agent of either party. (Section 94 and Order XL of the Civil Procedure Code).
Q. What is the difference between sections and orders?
Ans. When any fundamentally important document is formed/drafted which may be a grundnorm (Fundamental norm to support all other legal norms as per Kelsian pure theory of science) of that system – political, national, or international level, then generally it is differentiated from the ordinary municipal laws by referring to its clauses as articles rather than sections. E.g. United Nations Charter, International Conventions, Constitution of a country, etc. from where other laws or rules originate. Otherwise, normally the municipal laws have Sections. Not necessarily do procedural laws have been Ordered. In fact, procedural laws have rules, sub-rules, and forms. While codifying and drafting legislation in the 1850s for India, Lord Mcauley and his companions differentiated IPC (India Penal Code) and CrPC to acknowledge that they borrowed them from already existing other legal systems where the terminology Code and Orders are used eg. Common Law system. That is why while all other statutory laws in India are called Acts but IPC, CrPC, and CPC are called Codes.The difference is mainly due to the historical evolution of the Indian Legal System only.
Q. What is the case of Dhula Bhai vs. State of M.P,?
Ans. This case is based on Section 9 CPC. In this case, it was held “Challenge to the provisions of the particular Act as ultra vires cannot be brought before Tribunals constituted under Act Even the High Court cannot go into that question on a revision or reference from the decision of the Tribunals. When a provision is already declared unconstitutional or the constitutionality of any provision is to be challenged, a suit is open. A writ of Certiorari may include a direction for a refund if the claim is clearly within the time prescribed by the Limitation Act but it is not a compulsory remedy to replace a suit.”
Q. What is the difference between case & suit?
Ans Case means a trial, an action involving some point of law or fact between two or more parties.
In criminal jurisdiction,a case means a proceeding for the prosecution of a person alleged to have committed an offense. case in section 193(2) Cr.P.C. includes proceedings that are not necessarily confined to the trial of offence.
The word case is of comprehensive import and includes civil proceedings other than a suit. a set of circumstances or conditions.
Suit- is action at law, action to serve justice, cause in court, legal action.
Q. What is Fact-in-issue & Issue of Facts?
Ans. Fact in Issue
A fact that is raised by the pleadings directly and is necessary to be determined by the decision so that it will become res judicata.
Issue of Fact: a dispute in court in which the significance of a fact or facts is denied.
Q. What is the procedure to re-call the plaint?
Ans. When the plaint is dismissed in Order9 Rule2 (non-payment of Court fee) or Rule3 (Neither party appears) it can be recalled under:
Order 9 Rule 4 or under section 151 and deemed to be an application of review under order 47 rule 1.
Q. Why affidavit not included in the evidence?
An affidavit is an affirmation and declaration according to GC Act 1897. Now evidence a/ c The Indian Evidence means which can be legally taken on OATH, and which leads to discretion and judgment even though the Evidence Act Categorically does not apply to the affidavit, providing a fact by aaffidavit no barred.
Q. Whether an affidavit can be amended?
Ans. when the affidavit is given under order 18 rule 4 it cannot be amended later.
The contents of the affidavit can be amended or corrected by swearing in another affidavit and the same affidavit can show the circumstances and the bonafide mistakes resulting in a fresh affidavit. But in law both affidavits are valid and the weightage will be given to either of the affidavits according to the merits of the case.