Judicial Services Exam (PCS-J) Code of Civil Procedure, 1908 and Law of Limitation Flashcards

24 sample cards from the Code of Civil Procedure, 1908 and Law of Limitation deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. What are 'issues' and what are their three kinds under Order XIV CPC?

   Issues arise when a material proposition of fact or law is affirmed by one party and denied by the other. The three kinds are: issues of fact, issues of law, and mixed issues of fact and law; issues are framed from pleadings, documents and examination of parties.

2. Under Order XVIII CPC, in what order is evidence led and witnesses examined at trial?

   The party with the right to begin (usually plaintiff) states the case and produces evidence; examination is by examination-in-chief, cross-examination, and re-examination. Evidence of witnesses in attendance is taken orally in open court and recorded.

3. Under Order XX Rules 1 and 5 CPC, what must a court do when pronouncing judgment?

   The court shall pronounce judgment in open court (within 30 days, extendable to 60 days from conclusion of hearing). The judgment must contain a concise statement of the case, the points for determination, the decision on each point, and the reasons for the decision.

4. What is a temporary injunction and the threefold test for granting one under Order XXXIX CPC?

   A temporary injunction restrains a party during the suit to preserve the status quo. The threefold test is: (1) a prima facie case, (2) the balance of convenience in the applicant's favour, and (3) irreparable injury that cannot be compensated by damages.

5. What is the purpose of appointment of a receiver under Order XL CPC?

   A receiver is an impartial officer appointed by the court to receive, manage, protect and preserve disputed property pending litigation, where it is just and convenient to do so, so that the property is not wasted or dissipated.

6. What is the meaning of 'execution' and which provisions govern it in the CPC?

   Execution is the process of enforcing or giving effect to a decree/order by the judgment-debtor's compliance. It is governed mainly by Sections 36-74 and Order XXI CPC.

7. Under Section 51 CPC, what are the modes of executing a decree?

   By delivery of property; by attachment and sale (or sale without attachment) of property; by arrest and detention in prison (subject to conditions); by appointing a receiver; or by any other manner the nature of the relief requires.

8. What does Section 60 CPC provide regarding property liable to attachment in execution?

   All saleable property (movable/immovable) belonging to the judgment-debtor is liable; but listed items are exempt, e.g., necessary wearing apparel, cooking vessels, tools of artisans, books of account, and a portion of salary/wages and pension.

9. What is a special remedy for suits relating to public nuisance under Section 91 CPC?

   In case of public nuisance or other wrongful acts affecting the public, a suit for declaration and injunction may be instituted by the Advocate-General, or by two or more persons (even without special damage) with the leave of the court.

10. What is the scope of a representative suit under Order I Rule 8 CPC?

    Where numerous persons have the same interest in a suit, one or more may, with the court's permission and after notice to all interested, sue or be sued on behalf of all; the decree binds all persons so represented.

11. Who may file a first appeal under Section 96 CPC, and against what?

    A first appeal lies from every decree passed by a court exercising original jurisdiction, on questions of both fact and law. No appeal lies from a consent decree, and no appeal (except on a question of law) lies from a small cause decree below the prescribed value.

12. Under Order XLI Rule 27 CPC, when may additional evidence be admitted in a first appeal?

    Additional evidence is allowed only when the trial court refused admissible evidence, the evidence was not within the party's knowledge despite due diligence, or the appellate court requires it to pronounce judgment or for any other substantial cause.

13. On what ground does a second appeal lie under Section 100 CPC?

    A second appeal to the High Court lies from an appellate decree only if the case involves a 'substantial question of law'; the High Court must formulate that question, and the appeal is heard on the question so formulated.

14. What is the test for a 'substantial question of law' under Section 100 CPC?

    A question is substantial if it is of general public importance, or directly and substantially affects the rights of parties, and is debatable, not previously settled, or has not been finally decided by a binding precedent (Sir Chunilal Mehta principles).

15. What is the nature of appeals from orders under Section 104 and Order XLIII CPC?

    Appeals from orders lie only against orders specifically enumerated in Section 104 and Order XLIII Rule 1 (e.g., order returning a plaint, setting aside/refusing to set aside an ex parte decree, granting/refusing temporary injunction). No second appeal lies from such appellate orders.

16. Distinguish Reference (s.113), Review (s.114) and Revision (s.115) under the CPC.

    Reference: a subordinate court refers a question of law to the High Court for opinion. Review: the same court that passed the decree re-examines its own order on limited grounds (new evidence, error apparent, other sufficient reason). Revision: the High Court corrects jurisdictional errors of a subordinate court where no appeal lies.

17. What are the conditions for the High Court's exercise of revisional jurisdiction under Section 115 CPC?

    The subordinate court must have (a) exercised a jurisdiction not vested in it, (b) failed to exercise a jurisdiction so vested, or (c) acted in the exercise of its jurisdiction illegally or with material irregularity; and the order, if allowed to stand, would occasion failure of justice or irreparable injury.

18. What is the scope of the inherent powers of the court under Section 151 CPC?

    Nothing in the CPC limits the court's inherent power to make orders necessary for the ends of justice or to prevent abuse of the process of the court. It is invoked only where no specific provision exists and cannot override express provisions of the Code.

19. State the bar of limitation under Section 3 of the Limitation Act, 1963.

    Subject to Sections 4-24, every suit, appeal or application made after the prescribed period shall be dismissed, even though limitation was not set up as a defence — the court must dismiss it suo motu as a mandatory bar.

20. What is the effect of Section 27 of the Limitation Act regarding extinguishment of right?

    At the expiry of the limitation period for instituting a suit for possession of property, the right to the property itself is extinguished (adverse possession). It is the sole instance where limitation bars not just the remedy but the right.

21. How is the period of limitation computed under Sections 12-15 of the Limitation Act?

    In computing limitation, the day from which the period runs is excluded; for appeals/applications the day of the judgment and the time taken to obtain the copy are excluded; time spent bona fide in a court without jurisdiction (s.14) and periods during which proceedings are stayed (s.15) are also excluded.

22. How does an acknowledgment of liability under Section 18 of the Limitation Act affect limitation?

    A fresh period of limitation begins to run from the date of a written acknowledgment of liability signed by the party (or agent) before the original period expires; the acknowledgment must admit a subsisting jurally relationship/liability, though the amount need not be stated.

23. How does a continuing wrong affect limitation under Section 22 of the Limitation Act?

    In the case of a continuing breach of contract or a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or the wrong continues — so the cause of action renews daily.

24. Distinguish ad valorem court fees from fixed court fees, and the principle of suit valuation.

    Ad valorem fees are charged as a percentage of the value of the subject-matter (e.g., money suits), whereas fixed fees are flat amounts irrespective of value (e.g., declaratory suits without consequential relief). Valuation for court fee and for jurisdiction may differ; the plaintiff's valuation governs unless it is arbitrary or undervalued, which the court may correct.

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Code of Civil Procedure, 1908 and Law of Limitation flashcards FAQ