Code of Civil Procedure, 1908

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Code of Civil Procedure, 1908 not only consolidates it also amends the law relating to the procedure of the Courts of Civil jurisdiction. It is an adjective law and it neither creates nor takes away any right. 

As Code of Civil Procedure, 1908 is a general law so in case of conflict between the Code of Civil Procedure, 1908 and some special law the latter prevails over the former. However where the special law is silent on a particular matter the Code of Civil Procedure, 1908 applies, but it should be consistent with the special enactment.

The Civil Procedure Code, 1908 is of two parts
Part I - This part contains 158 Sections
Part II – This part contains rule and orders in Schedule I

Judgement
As per Section 2(9) of the Civil Procedure Code, 1908 Judgement means the statement given by the Judge on the grounds of a decree or order.

Decree
As per Section 2(2) of the Civil Procedure Code, 1908 Decree is defined as 
(i) the formal expression of an adjudication which, so far as regards the Court expressing it; 
(ii) conclusively; 
(iii) determines the rights of the parties; 
(iv) with regard to all or any of the matters in controversy; 
(v) in the suit and may be either preliminary (i.e. when further proceedings have to be taken before disposal of the suit) or final

So a Decree must be
 (i) a formal expression of adjudication;
(ii) a conclusive determination of the rights of parties;
(iii) The determination must be with regard to or any of the matters in contravention in the suit;
(iv) The adjudication should have been given in the suit

Decree holder
As per Section 2(3) of the Civil Procedure Code, 1908 “Decree-holder” means any person in whose  favour a decree has been passed or an order capable of execution has been made.

Judgement-debtor
As per Section 2(10) of the Civil Procedure Code, 1908 “Judgement-debtor” means any person against whom a decree has been passed or an order capable of execution has been made.

Order
As per Section 2(14) of the Civil Procedure Code, 1908 “Order” means the formal expression of any decision of a Civil Court which is not a decree.

STRUCTURE OF CIVIL COURTS
Civil Procedure Code, 1908 also provides the Structure of the civil courts in India. As per Section 3 of the Civil Procedure Code 1908 
The District Court is subordinate to the High Court 
and 
Every Civil Court of a grade inferior to that of a District and every Court of small causes is subordinate to the High Court and District Court.

These online MCQ Mock tests and MCQ questions includes all main concepts of the chapter (Code of Civil Procedure, 1908) in CS Executive Module II Industrial, Labour and General Law (ILGL MCQ based OMR) Exam.

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