Civil Procedure Code - Comprehensive Answers
1. Define Decree
Definition: Under Section 2(2) of the Civil Procedure Code, 1908, a decree is the formal expression of an
adjudication which conclusively determines the rights of the parties with regard to all or any of the
matters in controversy in the suit.
Key Elements:
Must be a formal expression of adjudication
Must conclusively determine rights of parties
Must relate to matters in controversy in the suit
Must be pronounced by a competent court
Types of Decrees:
Preliminary Decree: Determines the rights but requires further proceedings
Final Decree: Completely disposes of the suit
Partly Preliminary and Partly Final Decree: Mixed nature
2. Define Order
Definition: Under Section 2(14) of CPC, an order is the formal expression of any decision of a Civil Court
which is not a decree.
Characteristics:
Does not finally determine the rights of parties
May be interlocutory or final
Includes directions for conduct of proceedings
Can be appealable or non-appealable
Examples: Orders for adjournment, grant of injunction, dismissal for default, etc.
3. What do you mean by Res-subjudice?
Definition: Res-subjudice means "matter under consideration" or "pending matter."
Legal Principle (Section 10, CPC):
No court can proceed with a suit where the matter in issue is directly and substantially in issue in a
previously instituted suit
Both suits must be between same parties or parties under whom they claim
The court must be competent to grant relief claimed
Essential Conditions:
1. Previous suit must be pending
2. Same parties or parties claiming under them
3. Same matter directly and substantially in issue
4. Court competent to grant relief
Purpose: Prevents multiplicity of proceedings and conflicting decisions.
4. Explain Place of Suit
Governed by: Sections 15-20 of CPC
General Rule (Section 20): Suit must be instituted in court within whose jurisdiction:
The defendant resides or carries on business
The cause of action wholly or partly arises
Special Provisions:
Immovable Property (Section 16): Court within whose jurisdiction the property is situated
Compensation for Wrongs (Section 17): Where wrong is committed or defendant resides
Other Suits (Section 18): Where defendant resides or cause of action arises
Exceptions: Sections 17, 18, and 19 provide specific rules for different types of suits.
5. Who is Indigent Person?
Definition (Order 33, Rule 1): A person who is not possessed of sufficient means to enable him to pay
the court fees prescribed by law.
Criteria for Indigence:
Person must not have sufficient means to pay court fees
Assessment based on present financial condition
Court has discretion to determine indigence
Procedure:
Application with affidavit stating financial condition
Inquiry by court if necessary
Certificate of indigence if satisfied
Benefits:
Exemption from court fees
Free legal aid in some cases
Same rights as other litigants
6. When sale of attached property can be stopped?
Grounds for stopping sale (Order 21, Rules 89-91):
1. Payment of Decree Amount: If judgment debtor pays the full amount before sale
2. Deposit by Third Party: Any person can deposit amount and stop sale
3. Successful Objection: If valid objections are raised about the attachment
4. Court's Discretion: If court finds sale would cause irreparable harm
5. Defective Proclamation: If sale proclamation is defective
6. Fraud or Irregularity: If sale process is fraudulent or irregular
Time Limit: Generally before actual sale takes place, but specific provisions may vary.
7. What do you understand by Revision?
Definition: Revision is the power of a superior court to examine the legality and propriety of proceedings
of subordinate courts.
Key Features:
Suo motu or on application: Can be exercised on court's own motion or on application
Jurisdictional Review: Examines questions of jurisdiction and legal propriety
No Fresh Evidence: Generally no fresh evidence is allowed
Discretionary Power: Court has discretion to exercise or refuse
Grounds for Revision:
Want or excess of jurisdiction
Material irregularity in procedure
Error of law apparent on record
Distinction from Appeal:
Appeal is a right, revision is discretionary
Appeal on merits, revision on legality
Fresh evidence allowed in appeal, not in revision
8. What is an Interlocutory Order?
Definition: An interlocutory order is an order that does not finally determine the rights of parties but is
made during the pendency of the suit.
Characteristics:
Does not dispose of the suit finally
Made during pendency of proceedings
May or may not be appealable
Regulates conduct of proceedings
Examples:
Order granting interim injunction
Order for appointment of receiver
Order for discovery of documents
Order refusing to grant adjournment
Appealability: Generally not appealable unless specifically provided by law.
9. Explain period of Limitation
Definition: Period of limitation is the time limit within which a legal proceeding must be commenced.
Governing Law: Limitation Act, 1963
Key Principles:
Mandatory: Cannot be extended except in specified circumstances
Varies by Nature: Different periods for different types of actions
Computation: Specific rules for calculating limitation period
Disability: Provisions for persons under legal disability
Common Limitation Periods:
Suits on contracts: 3 years
Suits for possession of immovable property: 12 years
Suits for specific performance: 3 years
Appeals: 30/90 days depending on court
Exceptions: Fraud, mistake, acknowledgment can extend limitation.
10. Legal disability under the Limitation Act
Definition: Legal disability refers to conditions that prevent a person from protecting their legal rights.
Types of Disability (Section 6):
1. Minority: Person below 18 years
2. Insanity: Person of unsound mind
3. Idiocy: Person lacking mental capacity
Legal Provisions:
Section 6: Disability at beginning of limitation period
Section 7: Disability continuing at expiration of limitation period
Section 8: Special provisions for suits by or against representatives
Effect:
Limitation period extended by the period of disability
Minimum period of one year after disability ceases
Disability of one of several plaintiffs/defendants benefits all
11. "An execution court cannot go beyond decree" - Exception
General Rule: Execution court cannot go beyond the decree and must execute it as it stands.
Principle: Court executing decree is bound by the decree and cannot:
Vary terms of decree
Add new directions
Interpret decree differently
Grant relief not covered by decree
Exceptions:
1. Clerical Mistakes: Court can correct obvious clerical errors
2. Ambiguous Decree: Court can interpret ambiguous terms
3. Inherent Powers: Court can exercise inherent powers for proper execution
4. Statutory Provisions: Specific statutory provisions allowing variation
Case Law: Ganga Bai v. Vijay Kumar - Court held that execution court cannot travel beyond the decree
except in cases of clerical errors or ambiguity.
12. Essential elements of a decree with relevant case laws
Essential Elements:
1. Formal Expression of Adjudication
Must be in writing
Must be signed by judge
Must contain operative part
2. Conclusive Determination of Rights
Must finally determine rights of parties
No further inquiry should be needed on determined matters
3. Relates to Matters in Controversy
Must deal with issues raised in the suit
Cannot go beyond pleadings
4. Passed by Competent Court
Court must have jurisdiction
Must be within court's powers
Relevant Case Laws:
Rabindra Nath Bagchi v. Nilima Bagchi: Supreme Court held that a decree must contain clear
findings on all contested issues.
Shankar Ramchandra Abhyankar v. Krishnaji Dattatreya: Court emphasized that decree must be a
formal expression of adjudication.
Sushil Kumar Sen v. State of Bihar: Supreme Court clarified that decree must conclusively
determine rights of parties.
13. Procedure for institution of suit by or against Minor and person of
Unsound Mind
Institution of Suit BY Minor/Person of Unsound Mind:
Order 32, Rule 1-3:
Suit must be instituted by next friend
Next friend must be appointed by court
Court must be satisfied about suitability of next friend
Security for costs may be required
Procedure:
1. Application for appointment of next friend
2. Court inquiry into suitability
3. Security for costs if required
4. Court order appointing next friend
Institution of Suit AGAINST Minor/Person of Unsound Mind:
Order 32, Rule 4:
Court must appoint guardian ad litem
Guardian represents minor/person of unsound mind
Guardian must protect interests of minor/person of unsound mind
Procedure:
1. Court notice to minor/person of unsound mind
2. Appointment of guardian ad litem
3. Guardian to file written statement
4. Court ensures proper representation
Compromise: Special provisions under Order 32, Rule 7 for compromise by minors.
14. Three Brief Explanations:
(a) Difference in Necessary and Proper party
Necessary Party:
Person without whom no effective decree can be passed
Their presence is essential for complete adjudication
Suit cannot proceed without them
Example: All co-owners in partition suit
Proper Party:
Person whose presence is desirable for complete adjudication
Suit can proceed without them
Their absence does not affect validity of decree
Example: Subsequent purchaser in specific performance suit
(b) Essential elements of the doctrine of Res-judicata
Section 11, CPC - Essential Elements:
1. Same Parties: Both suits must be between same parties or parties claiming under them
2. Same Subject Matter: Matter directly and substantially in issue
3. Court of Competent Jurisdiction: Previous court must have jurisdiction
4. Final Decision: Matter must have been heard and finally decided
5. Same Title: Parties must sue in same capacity
Constructive Res-judicata: Matters that could have been made ground of attack/defense but were not
raised.
(c) Consequences of the absence of plaintiff
Order 17, Rule 1:
Court may dismiss suit for default
Defendant may ask for dismissal
Court has discretion to dismiss or adjourn
Order 17, Rule 2:
Plaintiff can apply for restoration
Must show sufficient cause for absence
Court may restore suit on terms
Order 17, Rule 3:
If suit dismissed for default, operates as dismissal on merits
Fresh suit barred unless dismissal set aside
15. Basic principles for grant of interim injunction
Three Essential Conditions:
1. Prima Facie Case
Plaintiff must show reasonable probability of success
Not required to prove case conclusively
Standard: "serious question to be tried"
2. Balance of Convenience
Court weighs inconvenience to both parties
Considers which party would suffer more if injunction granted/refused
Irreparable injury to plaintiff vs. inconvenience to defendant
3. Irreparable Injury
Injury that cannot be adequately compensated by damages
Must be imminent and continuing
Monetary compensation must be inadequate
Additional Considerations:
Status quo: Maintaining existing position
Clean hands: Plaintiff must come with clean hands
Delay: Unexplained delay may defeat injunction
Undertaking: Plaintiff must give undertaking for damages
Case Law: Colgate Palmolive Co. v. Hindustan Lever Ltd. - Supreme Court laid down comprehensive
principles for interim injunction.
16. "When once the period of limitation begins to run, subsequent disability
has no effect"
Principle: Once limitation period starts running, subsequent disability does not stop or extend it.
Legal Basis: Section 6 of Limitation Act, 1963
Explanation:
Disability must exist at the commencement of limitation period
If person becomes disabled after limitation starts, it has no effect
Policy: Prevents indefinite extension of limitation periods
Example:
A's right to sue accrues on 1st January 2020
A becomes insane on 1st June 2020
A's insanity will not extend limitation period
Period will continue to run from 1st January 2020
Exception:
Legal disability existing at commencement gets protection
Minimum one year after disability ceases (Section 6)
Case Law: Ganga Bai v. Narayan Das - Supreme Court held that subsequent disability cannot save
limitation.
17. Inherent powers of court with relevant case laws
Source: Section 151, CPC - "Nothing in this Code shall be deemed to limit or otherwise affect the
inherent power of the Court to make such orders as may be necessary for the ends of justice or to
prevent abuse of the process of the Court."
Nature of Inherent Powers:
Residuary powers not covered by specific provisions
To be exercised to meet ends of justice
Cannot be used to override specific statutory provisions
Discretionary but not arbitrary
Scope of Inherent Powers:
1. Preventing Abuse of Process:
Staying vexatious proceedings
Preventing multiplicity of suits
Dismissing frivolous applications
2. Ensuring Ends of Justice:
Recalling orders passed without jurisdiction
Correcting clerical mistakes
Filling procedural gaps
3. Controlling Proceedings:
Regulating court procedures
Ensuring fair trial
Preventing harassment
Limitations:
Cannot override express statutory provisions
Cannot be used to circumvent limitation
Must be exercised judicially
Relevant Case Laws:
Prem Chand Jain v. Mohanlal Jain: Supreme Court held that inherent powers can be exercised to
prevent abuse of process and ensure ends of justice.
Manohar Lal v. Ugrasen: Court emphasized that inherent powers cannot be used to override
specific statutory provisions.
Kiran Singh v. Chaman Paswan: Supreme Court clarified that inherent powers are complementary
to express provisions, not substitutes.
18. Three Brief Discussions:
(a) Importance of Section 5 of the Limitation Act
Section 5 - Condonation of Delay:
Allows court to condone delay in filing appeals/applications
Requires "sufficient cause" for delay
Promotes substantial justice over technical procedural requirements
Importance:
Prevents technical defeats
Ensures access to justice
Balances procedural compliance with substantive rights
Provides judicial discretion in appropriate cases
Liberal Interpretation: Courts generally adopt liberal approach in condoning delay to prevent injustice.
(b) Basis of restitution
Legal Basis: Section 144, CPC
Principle: When decree is set aside or modified, parties must be restored to position they would have
been in if such decree had not been passed.
Scope:
Applies to reversed/modified decrees
Includes return of money, property, or benefits
Ensures no unjust enrichment
Restores status quo ante
Limitation: Court cannot direct restitution if it would be inequitable or impossible.
(c) Powers of Appellate Court
Section 96-112, CPC:
Powers include:
Reversing, affirming, or varying decree
Remanding case for fresh trial
Taking additional evidence
Framing new issues
Modifying decree
Limitations:
Cannot enhance decree beyond what was claimed
Cannot decide matters not raised in trial court
Must follow principles of natural justice
First Appeal: Right of appeal on facts and law Second Appeal: Only on substantial questions of law
Conclusion
These comprehensive answers cover all the essential aspects of Civil Procedure Code questions asked.
Each topic has been explained with relevant legal provisions, case laws where applicable, and practical
implications. The answers provide both theoretical understanding and practical application of civil
procedure principles.
