Code Of Civil Procedure - Study Mode

[#1461] Which of the following decisions is not a decree?
Correct Answer

(A) Order of abatement suit

Explanation

Solution: Definition of Decree: A decree, under the Code of Civil Procedure (CPC), is a formal expression of an adjudication which, so far as regards the subject-matter of the suit, conclusively determines the rights of the parties involved. It disposes of the suit or a substantial part of the suit, resolving the main issues in a case. Correct Answer: Option A - Order of abatement of suit An order of abatement of suit refers to the termination of a suit due to events like the death of one or more parties involved. It does not address the merits or the substantive issues of the case. This order merely stops the proceedings and does not determine the rights of the parties or dispose of the suit. Therefore, it is not a decree . Explanation of Other Options: Option B: Dismissal of appeal as time-barred - The dismissal of an appeal because it was filed after the statutory time limit is a final determination regarding the appeal. This decision disposes of the appeal on procedural grounds, thus it is considered a decree . Option C: Rejection of plaint for non-payment of court fee - The rejection of a plaint due to non-payment of court fees is a final determination that prevents the suit from proceeding. Since this decision conclusively addresses whether the suit can be initiated, it is classified as a decree . Option D: Order refusing to set aside sale - An order refusing to set aside a sale is a final adjudication on the rights of the parties regarding the sale in execution proceedings. This decision conclusively determines the outcome of the sale issue, and thus, it is a decree . Conclusion: The only option that does not represent a final determination of the rights of the parties regarding the subject matter of the suit (or a substantial part thereof) is Option A: Order of abatement of suit . It halts the suit without deciding the merits of the case, making it not a decree.

[#1462] Which of the following deals with language of subordinate Courts in the Code of Civil Procedure?
Correct Answer

(D) Section 137

Explanation

Solution: Definition of Language of Subordinate Courts in the Code of Civil Procedure (CPC): The "language of subordinate courts" refers to the official language used by lower courts (like district courts, civil courts, etc.) for conducting proceedings, recording evidence, and delivering judgments. The Code of Civil Procedure contains specific provisions governing the language to be used in these courts. Correct Answer: Option D - Section 137 Section 137 of the Code of Civil Procedure deals with the language of subordinate courts. It allows the government to specify the language to be used by subordinate courts in a state. This section empowers the local government to decide on the language for the courts to use in different regions. Explanation of Other Options: Option A: Section 139 - Section 139 of CPC refers to the power of courts to issue commissions for the examination of witnesses. It does not address the language used in courts. Option B: Section 133 - Section 133 of CPC pertains to orders for public nuisances and the manner in which they are to be dealt with by the courts. It does not concern the language of courts. Option C: Section 132 - Section 132 of CPC relates to the examination of witnesses and the power of courts to summon them, but it does not address the language issue in subordinate courts. Conclusion: The provision that deals with the language of subordinate courts is Section 137 (Option D). The other sections mentioned deal with different aspects of court proceedings and do not cover the language used in subordinate courts.

[#1463] Place of suing in respect of suits for compensation for wrongs to persons or moveable property has been dealt with
Correct Answer

(B) Under section 19 of Code of Civil Procedure

[#1464] Properties that can be attached are:
Correct Answer

(A) Money, Bank Notes, Cheques, Bills of exchange, Hundis, Promissory notes

[#1465] A sues B in 1869 to recover a talukdari estate from him. The suit is dismissed on a finding that the estate had become the absolute property of B under a conditional sale made by A to B in 1853. A then sues B in 1875 for redemption of the same property, alleging that he had mortgaged the property as absolute owner thereof to B in 1854.
Correct Answer

(B) The suit is not barred