CPC Mains Questions Q. Describe the exigencies, procedure and effect of a substituted service of summons? [MPCJ 2012] Ans. Order 5 of the CPC provides for various modes of service of summon on the respondent. In nutshell, as a general…
CPC Mains Questions Q. Enumerate the steps which a Civil Court may take by way of supplemental proceedings, in order to prevent the ends of Justice from being defeated ? [MPCJ2012] Ans. Sec 94 of the CPC provides for supplemental…
CPC Mains Questions Q. Who is an indigent person ? On what grounds an application for permission to sue as an indigent person can be rejected ? [MPCJ 2011] Ans. Order 33-rule 1 CPC along with its explanation declares the…
Q. What do you understand by ‘necessary party’ and ‘proper party’. Whether a suit shall be defeated by the reason of mis-joinder or non-joinder of parties ? [MPCJ 2011] Ans. Necessary & Proper party:- A necessary party is a party…
CPC Mains Questions Q. Write short notes on the following – Legal representative, Rejection of plaint, Powers of Court to issue commission [MPCJ 2010] Ans. Legal representative :- The expression legal representative under section 2 (11) of the CPC has…
CPC Mains Questions Q. What do you understand by settlement of disputes outside the Court? Explain those provisions of settlement of disputes outside the Court which are not part of Section 89 of the Code of Civil Procedure 1908? [MPCJ…
CPC Mains Questions Distinguish between the following terms .[MPCJ2009] 1. Decree and Order 2. Res-subjudice and Constructive Res-Judicata 3. Attachment and precept Ans. 1. Decree and Order Under section 2(2) and 2(14) of CPC respectively both decree and order are…
CPC Mains Questions Q. What do you understand by “a suit of Civil Nature” ? When may exclusion of Civil Court’s jurisdiction be inferred ? Give two examples. [MPCJ 2009] Ans. Section 9 of the CPC gives statutory recognition to…
Question : What is Counter Claim? Answer. A counter claim is a claim made by a defendant in a suit against a plaintiff. It is a claim independent of and separable from the plaintiff’s claim, enforceable by cross action. A…
Saleem Bhai v. State of Maharashtra AIR 2003 SC 759 Case Summary Appeal before the Supreme Court by way of Special Leave Petition under Article-136 of the Constitution. Leave granted. Facts of the case: The defendants filed an application U/O-7,…