Civil Procedure Code

Ans: The substantive means basic and substantive law is the basic law where as procedural law mentions about the procedure of enforcing law. For instance: In criminal law, IPC is substantive or basic criminal law in which punishments of crime were mentioned whereas CrPC mentions about the procedure of enforcing criminal law.

Ans: A temporary or interim injunction inhibits a party temporarily from doing the specified act as well as can be granted only until the disposal of the suit or until the further order of the court. It is regulated under the provisions of Order -XXXIX (39) of CPC and may be granted at any stage or point of the suit.

Ans: Section 144 of civil procedure code mentions doctrine of restitution.  Basically, Section 144 ensures that a litigant is not permitted to take benefit of an interim order when it loses the case finally at the end. Once a case is lost to a party, the party who enjoyed benefits of an interim order must be relegated to the position which existed prior to filing of the case.

Ans: Accordingly, when any offence is committed against the public that causes an injury, harm, or even annoyance to a larger public who occupy a common area, it is termed “public nuisance.” Therefore, it is a crime against society and not just against an individual or a group of people.

Ans: Public nuisance and other wrongful act affecting the public and will be instituted by Advocate General.  

Ans:  The person who files a caveat is known as  caveator.  The person by whom such an application has been made or expected to be made is called  caveatee.

Ans: The section 148A of civil procedure code was added in 1976. 

Ans: As provided by the section in 148A clause 5, the caveat stays in force for a period of 90 days. If within these 90 days an application is filed, then the court as well as the applicant, has to give a notice to the caveator. However, if no caveat is filed within these 90 days, then no one has the duty to inform the caveator, i.e. if the application is filed after the expiration of such period the caveat stands null and void. If the caveator still wants to be informed then a fresh caveat needs to be lodged for the next 90 days.

Ans: In simple words, a caveat is a right given to a person in civil proceedings to avoid ex-parte orders or judgments. For example, X is the owner of the land and he wants to build a house on the same land, for which he even got permission from the municipality. However, Mr. Y, a neighbour of X, is not happy with his decision and claims that a part of the land where the construction is going to be done belongs to him. Now Mr. X being a wise man anticipates that Y may file an application. Thus he files a caveat against Y in a competent suit, praying the court to give him a notice when any such application is made by Y. Lodging of such caveat made X entitled to be informed by the court as well as Mr. Y about any application that is made or is about to be made and any order passed by the court without giving such a notice would be void. The right to lodge caveat is mentioned under section 148A of civil procedure code. 

Ans: A decree is passed by the court under the Code of Civil Procedure (hereinafter referred to as CPC) to decide the ripghts and liabilities of the persons in a matter of controversy. The person in whose favour a decree is passed is called decree-holder and against whom the decree is passed is judgement de btor. According to section 2(10) of civil procedure code, "judgment-debtor" means any person against whom a decree has been passed or an order capable of execution has been made. Decree holder is mentioned under section 2(3) of civil procedure code whereas Judgement Debtor is mentioned under section 2(10) of civil procedure code.  

Ans:  There are certain cases where the doctrine of res sub judice is not applicable. These are as follows: When the claims in each suit are unique from one another. When there are both common and unique issues, then this rule does not apply. When there are different issues between the same parties.  All of the issues from the earlier suit don’t have to be raised in the later litigation for Section 10 to be applicable.

  Ans: Exceptions of Res judicata :  The doctrine of res judicata restricts the parties from re-filing the litigation procedure, but there are certain circumstances when this doctrine is not applicable. When the decree and order have been obtained by committing fraud and misrepresentation of the facts or issues. When the judgment is not pronounced on the merits. When the special leave petition was dismissed without making a proclamation or determination of the judgment. When the subsequent lawsuits have a different cause of action. If a later lawsuit has a separate cause of action, the court cannot dismiss it. When the court did not have competent jurisdiction in the former suit. When there is a question of law. When an interlocutory order had been passed in a former suit. If there is any amendment to an existing law that grants new rights to the party then the doctrine will not apply. When the suit was dismissed by default. If the party does not raise a plea for res judicata....

Ans: Exceptions of Res judicata :  The doctrine of res judicata restricts the parties from re-filing the litigation procedure, but there are certain circumstances when this doctrine is not applicable. When the decree and order have been obtained by committing fraud and misrepresentation of the facts or issues. When the judgment is not pronounced on the merits. When the special leave petition was dismissed without making a proclamation or determination of the judgment. When the subsequent lawsuits have a different cause of action. If a later lawsuit has a separate cause of action, the court cannot dismiss it. When the court did not have competent jurisdiction in the former suit. When there is a question of law. When an interlocutory order had been passed in a former suit. If there is any amendment to an existing law that grants new rights to the party then the doctrine will not apply. When the suit was dismissed by default. If the party does not raise a plea for res judicata.

Ans:  Section 10 declares that no court shall proceed with trial of any suit in which matter in issue is directly and substantially in issue in a previously instituted suit between the same parties and the court before which the previously instituted suit is pending is competent to grant the relief sought.  The term ‘res’ means matter, and ‘sub judice’ means under consideration. Hence, the doctrine means a matter which is still under consideration. Section 10   of the CPC says that no court can initiate such proceedings between the same parties and the same issues which were directly or subsequently in question in the previous suit if the previous suit is still pending in the competent court.

Ans: A matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties.  Res Judicata is mentioned under section 11 of civil procedure code. 

 Ans:  A matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties.

Ans: Judgement in civil procedure code means statement given by judge on the basis of order.  Under section 2(6) of civil procedure code,  foreign judgement means judgement given by foreign court. 

Ans: A decree is defined under section 2(2) of civil procedure code.   In section 2(2) of civil procedure code, the decree can be preliminary or final. Under section 2(2)(b) of civil procedure code,  the decree can be partly preliminary or partly final. 

Ans: Mesne profit is mentioned under section 2(12) of Civil Procedure Code.  Mesne profit is profit obtained from wrongful means.  Pleader is mentioned under section 2(15) of civil procedure code.  Pleader is one who pleads.  Public Officer is mentioned under section 2(17) of civil procedure code. 

Ans: According to section 2(9) of civil procedure code,  Judgement means the statement given by judge on the grounds of decree and order. 

Ans: Section 2(15) of civil procedure code.   Section 2(7): Government Pleader Section 2(17): Lok adhikari

Ans:  If a wife requests support, the court should consider it during the trial process; if not, the court may issue a preliminary judgement for maintenance during the trial process; eventually, the judge may declare the final decision after consulting both the parties. 

Ans: Preliminary, Final and Party Preliminary and Party Final

Ans: Civil Procedure Code extends to whole of India except Nagaland and tribal areas.