Code Of Civil Procedure - Study Mode
[#771] Civil imprisonment in execution of a decree can be awarded if the decree is for minimum
Correct Answer
(C) Rs. 2,000
[#772] Can a court pass a decree in a suit seeking rights in an immovable property where a defendant has transferred his interest and rights in the suit property to a third person without issue of summons/notice to the third person? If yes, whether the decree will be binding against the transferee pendente life.
Correct Answer
(B) Decree without notice to a third person is valid and notice/summons is not required to be issued to the third person
[#773] Section 10 of Civil Procedure Code deals with-
Correct Answer
(A) Res subjudice
[#774] Ordinarily an amendment of pleading in a suit may be carried out by the contesting parties under Order VI Rule 17 of the Code of Civil Procedure 1908.The court may allow the amendment: 1. In case the changes carried out in the pleading do not change the relief claimed for. 2. At any stage of the suit. 3. Without imposing costs. 4. Of an application filed for interim relief. Select the correct answer:
Correct Answer
(A) 1 and 2
Explanation
Solution: Order VI Rule 17 of the Code of Civil Procedure, 1908 Order VI Rule 17 of the CPC provides for the amendment of pleadings in a suit. It allows a party to alter, modify, or add to their pleadings at any stage of the suit, subject to the discretion of the court. The objective of this provision is to ensure that justice is served by allowing parties to correct errors, clarify claims, or introduce necessary facts, provided such amendments do not cause prejudice to the other party. Explanation of the Correct Answer The correct answer is Option A: 1 and 2 . Statement 1: "In case the changes carried out in the pleading do not change the relief claimed for." This statement is correct. Amendments to pleadings should generally not change the fundamental nature of the case. While modifications to factual claims or clarifications can be allowed, a complete change in relief sought would not be permitted, as it would essentially amount to filing a new suit. The Supreme Court has repeatedly emphasized that amendments should not introduce a wholly new cause of action. Statement 2: "At any stage of the suit." This statement is correct. The court has the power to allow an amendment at any stage of the proceedings, including trial, appeal, or even execution, provided it is necessary for the determination of the real issues between the parties. However, amendments sought at a later stage are scrutinized more strictly, and delays must be justified. Why Other Options Are Incorrect Statement 3: "Without imposing costs." This statement is incorrect. While courts may allow amendments, they often impose costs on the party seeking the amendment, especially if the amendment causes delays or inconveniences the other party. Costs serve as a deterrent against frivolous or negligent amendments. Statement 4: "Of an application filed for interim relief." This statement is incorrect. Order VI Rule 17 applies to amendments in pleadings, which include the plaint and written statement, not to applications for interim relief. Interim applications are governed by different provisions of the CPC. Conclusion Since Statements 1 and 2 are correct, the correct answer is Option A: 1 and 2 .
[#775] Under Order 8 Rule 6 Code of Civil Procedure set-off may be permitted if-
Correct Answer
(B) Set-off claimed by the defendant is ascertained sum of money
Explanation
Solution: Order 8 Rule 6 of the Code of Civil Procedure (CPC) deals with set-off . A set-off is a right of a defendant to reduce the amount claimed by the plaintiff by deducting a debt owed to the defendant by the plaintiff. It's essentially a counterclaim, but limited to monetary claims. Option B is correct: Set-off may be permitted if the set-off claimed by the defendant is an ascertained sum of money. Order 8 Rule 6 specifically allows set-offs where the defendant's claim against the plaintiff is for a specific, clearly defined amount of money. The amount must be readily calculable and not subject to dispute regarding its existence or quantification. Option A is incorrect: A suit for the recovery of property doesn't automatically bar a set-off. While a set-off typically involves monetary claims, the CPC doesn't explicitly exclude set-offs in property recovery suits if a counterclaim involving a specific monetary debt exists. Option C is incorrect: The value of the property recoverable is irrelevant to the applicability of Order 8 Rule 6. The rule focuses on the nature of the defendant's counterclaim (an ascertained sum of money), not the value of the plaintiff's claim. Option D is incorrect: While a written statement is generally required from the defendant, the filing of a written statement itself doesn't determine the permissibility of a set-off. The key factor is whether the defendant's claim is an ascertained sum of money as per Order 8 Rule 6.