cpc

 CPC most important questions :

Order 9 ;DISMISSALS :  rule 8: DISMISSAL FOR NON PROSECUTION - PLAINTIFF NOT PRESENT  : if your original suit is dimissed under this order 9 rule 8 can you file a fresh on same cause of action – NO YOU CANNOT , YOUR ARE PRECLUDED FROM BRINGING A FRESH SUIT,

 

At the stage of evidence, counsel of plaintiff filed an application for adjuournemtn which was rejected and suit was dismissed for want of evidence, plaintiff has remedy to file = application under order 9 rule 9 file restoration application, no fresh suit .

 

Where a suit is dimissed under rule 2 or rule 3 of order 9 = RULE 4 fresh suit if limitation is still there, or else file restoration application.

 

Provision for setting aside ex parte decree is  order 9 rule 13

 

What is the limitation to file application under order 9, rule 7 = ex parte adjournment . =  defendant not present = no limitqtion upto next hearing date , explain why could not attend last hearing

 

 

Order 21 execution :

 

Under sec 37 cpc court which passed a decree is court of first instance, court which passed the decree, and court of first instance where decree has been passed in the exercise of appellate jurisdiction,

 

 

Arrest or detention of women, MPs in execution of decree for money is prohibited : sec 56

 

Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the govt, the partition of estate shall be made by COLLECTOR.

 

 

ORDER 21 RULE 90  when to find material irregularity or fraud in a sold property under EP proceedings – acton to set aside the above sale is under above rule – , has resulted in substantial injury.

 

Order 21 rule 37 before passing order for the arrest or detention in civil prison of judgement debtor, court  shall issue show cause notice or issue warrant if the JDR is likely to abscond

 

 

Order 21 rule 18, ABCDE five persons ordered to pay mr F 1000, F already has decree against A for 1000, then both can be set off against each other decrees. As cross decree.

 

 

The judgement debtor in EP raised objection that the trial court has no jurisdiction over the subject matter = he cannot raise such an objection ; unless he raised it before the trial court in the first instance.

 

 

Three months waiiting period  is must  for execution of decree against govt of india or state govt

 

 

Executing court cannot go behind the decree

 

RES JUDICATA IN SECTION 11,  IS BASED ON  maxim INTEREST REPUBLICATE SIT FINIS LITIUM

DATE OF DECISION IN THE SUIT IS FINAL  TO EXAMNE WHICH IS DECISION TO FOLLOW

 

 

 

RES JUDICATA IS ALSO APPLICABLE TO EP PROCEDINGS ALSO .

 

 

DECISION GIVEN BY COURT WITHOUT JURISDICTION CANNOT OPERATE AS RES JUDICATA .

 

 

RES JUDICATA WILL NOT APPLY TO HAEBEAUS CORPUS WRIT.

 

 

SPECIAL SUITS MINOR[ ORDER 32] RELATED AND INDIGENT PERSONS[ ORDER 33 ]WHO WANT TO SUE AS PAUPER :

NEST FRIEND OR GUARDINGS ORDER 32 RULE 7 NEEDS PERMISSION OF COURT TO COMPROMISE OR AGREEMENT , 33 .

GUARDINAN AD LITEM IS APPOINTED TO DEFEND A SUIT ON BEHALF OF A MINOR  AS PER  INDIAN MAJORITY ACT

NO MONEY APPLIDATION TO FILE AS PAUPER. DATE OF RILLINN G SUIT IS DATE OF APPLIATION TO COURT TO BE TREATED AS PAUPER.