What is the jurisdiction of the civil Court under the CPC?

What is Section 47 of the CPC?

(1) All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.

What is the order 37 of the CPC?

The Order XXXVII provides for procedure in suits based on negotiable instruments or where the plaintiff seeks to recover debt or liquidated amount. The essence of summary suit is that the defendant is not, as in ordinary suit, entitled as of right to defend the suit.

What is Section 11 of the Code of Civil Procedure CPC?

No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit ...

What is the order 41 rule 33 of the CPC?

➢ Powers of Appellate court Under Order 41 Rule 33 – very wide to do complete justice between the parties ➢ Such power can be exercised even in favour of a party who had not preferred any appeal or cross objection. ➢ However discretion has to be exercised with care and caution and that too in rare cases.

What is Section 39 of the Civil Procedure Code?

Section 39 – Transfer of decree

For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the suit in which such decree was passed.

What is specific jurisdiction in civil procedure?

Specific jurisdiction is a form of minimum contacts that enables a court to exercise personal jurisdiction over a corporate defendant in that state without violating due process because of the extent of the defendants' activities within that state.

What are the 5 bases of jurisdiction?

The new paradigm posits that the presumption against extraterritorial jurisdiction can be rebutted in five situations: (1) Nationality Jurisdiction, (2) Effects Jurisdiction, (3) Universal Jurisdiction, (4) Protective Jurisdiction, and (5) Passive Personality Jurisdiction.

What are the five jurisdictions?

The 5 Types of Jurisdiction That May Apply to Your Criminal Case

• Subject-Matter Jurisdiction.
• Territorial Jurisdiction.
• Personal Jurisdiction.
• General and Limited Jurisdiction.
• Exclusive / Concurrent Jurisdiction.

What is jurisdiction in civil procedure?

In California civil procedure, jurisdiction refers to a court's authority to hear and decide a case. It encompasses subject matter jurisdiction, which pertains to the court's authority over the type of case being presented, and personal jurisdiction, which concerns the court's authority over the parties involved.

What are the inherent powers of courts under CPC?

Inherent powers of court are based upon the principle of equity and to grant relief to a bona fide applicant, where he is barred, to do a particular (prescribed) act within a specific period by the circumstances beyond his control.

What is the order 2 rule 2 of the CPC?

Order II Rule 2 of the Civil Procedure Code, 1908 (CPC) prevents a party from splitting its claims into multiple lawsuits. This rule ensures that all claims arising from the same cause of action are presented in a single suit.

What is the order 36 of the civil procedure rules?

Order 36 was enacted to facilitate the expeditious disposal of cases involving debts and contracts of a commercial nature to prevent defendants from presenting frivolous or vexatious defences in order to unreasonably prolong litigation.

What is rule 33 in court?

New Trial. (a) Defendant's Motion. Upon the defendant's motion, the court may vacate any judgment and grant a new trial if the interest of justice so requires. If the case was tried without a jury, the court may take additional testimony and enter a new judgment.

What is order 21 rule 42 under CPC?

Order 21, Rule 42, C. P. C. authorises attachment for mesne profits before the amount of such profits has been ascertained. The petitioners...now want to attach the property for realisation of any amount that may be granted to them in appeal.

What is Section 100 of the Code of Civil Procedure?

--(1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.

What is the order 22 of the CPC?

Wherever a pleader appearing for a party to the suit comes to know of the death of that party, he shall inform the court about it, and the Court shall thereupon give notice of such death, to the other party, and, for this purpose, the contract between the pleader and the deceased party shall be deemed to subsist.

What is order 7 rule 11 of CPC?

Order 7 Rule 11 of the Code provides for rejection of plaint, clause (d) whereof specifies “where the suit appears from the statement in the plaint to be barred by any law”.

What is the order XXI of the Code of Civil Procedure?

1. Order XXI, Rule 2 (1) provides that where money is paid or a decree is adjusted out of Court the creditor shall certify the payment. Rule 2 (2) that the judgment-debtor may do so: Rule 2 (3) that a payment or adjustment which has not been certified shall not be recognised by the, executing Court.

How does CPC 1908 define jurisdiction?

The concept of jurisdiction meticulously detailed in the CPC, is the constitutional and statutory mandate that limits judicial power. It ensures that courts operate within their designated spheres, preventing chaos and upholding the fundamental principles of fairness, legality, and due process.

What is Section 115 of the CPC?

Section 115 – Revision

The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto.